Kish Bank Digital Services Agreement

(Version Effective May 15, 2024)

 

This Online Access Agreement (“Agreement”) governs your use of Kish Bank Online Banking, Kish Bank Transfer Service, and Kish Bank Mobile Banking, together referred to as “the Service” or “Kish Digital Services”.

 

About this Agreement

Kish Digital Services, also referred to as the Service is subject to this Agreement. The following are also considered part of this Agreement:

• General Terms of Use for the Kish Bank Website.
• Terms or instructions that appear on a screen when enrolling for, activating, accessing, or using the Service.
• Kish Bank’s rules, procedures, and policies that apply to the Service for any Eligible Account.
• The rules and regulations of any funds transfer system or payment system used in connection with an Eligible Account.
• State and federal laws and regulations, as applicable.

In addition to this Agreement, you may have a separate agreement for each of your Eligible Accounts. Those agreements will continue to apply to each of those accounts or services.

If this Agreement conflicts with another agreement, or another agreement has terms that are not addressed in this Agreement, then the other agreement will control and take precedence, unless this Agreement specifically states otherwise. The other agreement will only control with respect to the Eligible Account it is associated with, and only to the extent necessary to resolve the conflict or inconsistency.

There is one exception to the general rule described above: If another agreement you have with us includes terms that address the Online Access Process, this Agreement will control and take precedence in resolving any inconsistencies between this Agreement and the terms in the other agreement that address the Online Access Process.

 

Basic Online Banking Services

The basic features currently available through the Service include:

• View Account balances and transactions
• Bill Payment Services
• Transfers between your accounts at the Bank and External accounts at other financial institutions
• Person-to-Person (P2P) Payment Services
• Mobile Deposit Services
• Stop payments to checks that you have written
• Online Banking Account statements and notices
• Secure e-mails via the Service’s messaging system
• Address Changes
• Online check reorders
• Kish Debit Card on/off controls
• Transaction downloads into Quicken®, QuickBooks

 

Commercial Online Banking Services

Additional online features are currently available for Business Client, subject to approval by the Bank, execution of the Treasury Management Services Enrollment Form, and the Treasury Management Services Terms and Conditions.

• ACH Credit and Debit Origination
• Direct Deposit Originations
• NACHA File Imports
• Wire Transfers
• Positive Pay Services

 

1. Acceptance and Eligible Accounts.

(a). Acceptance.

CUSTOMER, WHETHER FIRST ENROLLING IN OR ALREADY ENROLLED IN DIGITAL BANKING SERVICES, AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND INDICATES SUCH ACCEPTANCE BY ITS ENROLLMENT IN OR CONTINUED USE OF THE DIGITAL BANKING SERVICES.

Customer agrees that the use of the Digital Banking Services, also referred to as “the Service”, is also subject to the terms, conditions, and fees of each account as set forth in any other written agreements relating to accounts held at Bank.

(b). Eligible Accounts.

Bank reserves the right to limit Online Banking Services to certain accounts. The Online Banking Services are currently limited to customers with the following types of accounts:

Deposit Accounts: Checking, Savings, Money Market, Certificates of Deposit, IRAs.

Loan Accounts: Lines of Credit, Installment loans, Mortgage loans

 

2. Owners and Authorized Representatives

(a). Owner and Authorized Representative.

If an Eligible Account is owned by more than one person, or has more than one Authorized Representative, each person individually may provide us with instructions, make any decision, obtain any information or make any request associated with the Eligible Account, to the extent allowed by agreements covering the Eligible Account.

If you make someone an Authorized Signer on a Business Eligible Account, and he/she is enrolled in the Service, we can treat him/her as an Authorized Representative.

You agree that:

• Each of your Authorized Representatives will be acting as your agent and will be bound by this Agreement and any separate agreement governing the Eligible Account.
• We may rely and act on the instructions of any Authorized Representative.
• All transactions that an Authorized Representative performs on an Eligible Account, including those you did not want or intend, are transactions authorized by you. You are solely responsible for those transactions.
• You are solely responsible for supervising all your Authorized Representatives and monitoring the actions they take on your behalf.

If you tell us that an Authorized Representative is no longer authorized, we will consider his/her transactions unauthorized only when:

• You tell us that you did not want or intend the transaction; and
• The Authorized Representative performs them after you let us know he/she is no longer authorized; and
• We have reasonable opportunity to act on your notification.

For more details, please see the agreements for your Eligible Accounts.

(b). Signature Requirement Waiver

Any requirement to verify two or more signatures on any item (such as a check) does not apply to electronic or telephone transfers. This means that you are allowing any Authorized Signer on your Eligible Account to individually make electronic or telephone transfers, even though his/her authority to transfer or withdraw funds from your account by some other means (such as by check) must be exercised jointly with one or more other persons. This provision controls and takes precedence over any conflicting provision in any other agreements you have with us.

 

3. Access

(a). Accessing Eligible Accounts

You authorize us to provide access to your Eligible Accounts through the Service. You may access your Eligible Accounts using the Kish Bank website to obtain information and perform transactions authorized on the Website. To access your Eligible Accounts through the Website, you need a username, a password, and required hardware and software. To complete your enrollment in the Service, you will be required to validate your email address. CUSTOMER AGREES TO TAKE ALL REASONABLE PRECAUTIONS TO PREVENT UNAUTHORIZED ACCESS TO THE USER ID AND THE PASSWORD. IF CUSTOMER BELIEVES THAT THE PASSWORD HAS BEEN STOLEN OR COMPROMISED, CUSTOMER SHALL IMMEDIATELY CONTACT BANK AT 800-981-5474.

Additionally, you are required to maintain an email address that is continuously operational to receive email communications from us in order to continue to access your Eligible Accounts through the Website. You also must comply with any other security procedures we may establish. Subject to the terms of this Agreement, you will generally be able to access your Eligible Accounts and Online Financial Services through the Website 7 days a week, 24 hours a day. Sometimes the Service may be unavailable due to system maintenance or circumstances beyond our control. You must provide all computer, telephone and other equipment, software (other than any software provided by us) and services you need to access the Service.

When using the Mobile Banking Service, you may generally access certain Eligible Accounts through the mobile browser, our mobile apps, or get certain information through text messaging on a Mobile Device.

(b). Electronic Funds Transfer Timing

Unless the Website or our other agreements with you say otherwise, electronic funds transfers completed through the Service before the transfer cut-off time on a Business Day will be posted to your Eligible Account the same day. Line of credit, Installment loan and mortgage transactions may take up to three Business Days to process but will post as of the Business Day the transaction was made.

All transfers completed after the transfer cut-off time on a Business Day, or on a day that is not a Business Day, will be posted on the next Business Day.

Please note that electronic funds transfers between financial institutions will be processed, completed, and posted by the other institution following its own rules or initiated through the Service for person-to-person payments may have different transfer cut-off or posting times.

(c). Account Linking and Display

Once you enroll for the Service, you can link and display certain Eligible Accounts. Eligible Accounts that are linked and displayed through the Mobile Banking Service may be subject to certain limitations and restrictions. Eligible Accounts will appear on your Account Summary page on the Website without regard to who else may have an ownership interest in each Eligible Account.

 

4. Kish Bank Bill Payment

(a). Description

Kish Bank Bill Payment (“Bill Pay”) lets you schedule bill payments through the Service. You must have at least one Eligible Account that is either a checking, savings, or money market account, to use Bill Pay. You must be enrolled in the Service to use Bill Pay. You can arrange, at your option, for the payment of your current, future, and automatic (recurring) bills from Eligible Accounts.

Other than as stated below, there is no limit to the number of payments that may be authorized (except that (i) payments funded with a credit account are limited to the total of the available credit in the account when payments are made, (ii) you will not be permitted to direct a bill payment under a single transaction in any amount in excess of the maximum payment amount of $99,999.99 per business day (business day means every Monday through Friday, excluding Federal Reserve Holidays and other days on which the Bank is closed) , and (iii) the number of transfers from an eligible money market checking account is limited as detailed in the Deposit Account Agreement.

Each Owner of an Eligible Account with access to that account has the same right of access to account activity — notifying Customer Service of suspected loss, fraud, or canceling Bill Pay, etc. Bill Pay is intended for your use only. Trying to use Bill Pay to process payments on behalf of someone other than an Owner is prohibited and will be grounds for termination of Bill Pay and your access to the Service.

You must enroll separately in Kish Bank Bill Payment by logging onto your online account and navigating to the move money delivery section.

 

5. Bank-to-Bank Transfer Service

(a). Description

Bank-to-Bank Transfer Service (“Transfer Service”) lets you transfer funds:

• From your Kish Bank checking and/or savings accounts to your accounts at other United States financial institutions (“Financial Institutions”),
• From your accounts at other Financial Institutions to your Kish Bank checking and/or savings accounts.

In this Section “Account(s)” refers to each of the accounts referenced above.

In addition to the terms of the Agreement, your use of the Transfer Service is subject to:

• Terms or instructions appearing on the screen when using the Transfer Service; and
• Our rules, procedures, and policies and the account agreements applicable to the Accounts used in the Transfer Service.

To use the Transfer Service, you must:

• Be of legal age and a resident of the United States,
• Have at least one Account with us; and
• Agree to the E-Sign Consent and this Agreement; and
• Be enrolled in a Service.

If your Accounts and/or Service are terminated for any reason, you will have no further right or access to use the Transfer Service.

(b). Information Authorization for non-Kish Bank Accounts

We may verify the Accounts that you add to the Transfer Service. You authorize us to validate the Accounts in a manner selected by us, including using a test transfer, in which one or more low value payments credited to and debited from your non-Kish Bank Account. Once the test transfer is complete, we may ask you to access this Account to tell us the amount of the test credit or debit or any additional information reported by your Financial Institution with this test transfer.

We may also verify Accounts by requiring you to submit proof of ownership of the Account(s).

(c). Accounts

By using the Transfer Service, you represent and warrant to us that:

• You own or are an Authorized Signer on the Account held with us and at the non-Kish Bank Financial Institution,
• Your Account at the non-Kish Bank Financial Institution is a United States account,
• Your Account and applicable law permit transfers,
• You have the right to authorize and permit us to access your Accounts to complete such funds transfers or for any other purpose authorized by this Section,
• By disclosing to us and authorizing us to use Account information and complete the transfer you are not violating any third-party rights; and
• Information you provide to us is true, current, accurate and complete.

You hereby authorize and permit us to use information you submit to make transfers and to configure the Transfer Service to be compatible with the Accounts.

At all times, your relationship with each non-Kish Bank Financial Institution is independent of Kish Bank and your use of the Transfer Service. We will not be responsible for any acts or omissions by the non-Kish Bank Financial Institution, including without limitation, any modification, interruption, or discontinuance of any Account by such Financial Institution, or by any other third party.

Not all types of accounts are eligible for funds transfer. We may decline the use of any Account that we believe may present a risk to you and/or us. Be sure to check with your Financial Institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate, and other account types. Excess activity fees may apply if you exceed federally mandated transaction limits for savings accounts. For more information, please refer to your account agreement with the Financial Institution that maintains your Account.

(d). Transfer Types and Limitations

Type of Transfers.

We may add new features to the Transfer Service, including a next day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. We may at any time decline a funds transfer that we believe may violate applicable law.

Frequency of Transfers.

We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules and regulations governing the applicable accounts.

For security and risk management reasons we may modify the limit, the frequency and the dollar amount of transfers you can make using our Transfer Service. The limits on the frequency and dollar amount of transfers are solely for the protection of Kish Bank.

Dollar Amount of Transfers.

You may not make funds transfers in excess of dollar limits for the Transfer Service. We reserve the right to change the dollar amount of funds transfers you are permitted to make using our Transfer Service. In the event that your use of the Transfer Service has been suspended and reinstated as provided below (see Section (g) Suspension and Reinstatement of Transfer Service), you understand and agree that your use of the Transfer Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.

Transfers subject to the Rules of the Accounts.

All funds transfers are subject to the rules and regulations governing the relevant Accounts. You may not initiate any funds transfers from or to an Account that are not allowed under the rules or regulations applicable to such Account including rules or regulations designed to prevent the transfer of funds in violation of the Office of Foreign Asset Control (OFAC) regulations.

Failure or Rejection of Transfers.

Upon learning that the funds transfer could not be completed, we may, but are not required to, make a reasonable effort to complete the transfer again. If the funds transfer fails, we will notify you to contact your non-Kish Bank Financial Institution to learn more about the failure.

We reserve the right to decline (i) any funds transfer, or (ii) to submit funds transfer instructions or orders, or (iii) to carry out change or cancellation requests.

You represent and warrant to us that you have enough money in the non-Kish Bank Accounts to make any funds transfer you request that we make on your behalf through the Transfer Service. If we receive a transfer request against your Account and there are not enough available funds in your Account to cover the transfer, we may at our sole discretion:

• Cover the transfer in accordance with the terms of any written overdraft protection plan that you and we have established,
• Cover the transfer and create an overdraft to your Account; or
• Decline the transfer.

We may make the decision regardless of whether we may have previously established a pattern of honoring or dishonoring overdrafts. Fees may vary depending on the action we take. Any negative balance on your Account is immediately due and payable, unless we agree otherwise in writing, and you agree to reimburse us for the costs and expenses (including attorney fees and expenses) we incur in recovering the negative balance (including overdraft and associated fees).

Your Right to Cancel a Transfer.

Payments that are in process cannot be cancelled or stopped. When the Transfer Service offers recurring and/or future one-time transfers, you may cancel any transfer as long as we receive the request before the process date of the one-time transfer or the next scheduled recurring transfer. For recurring transfers, you may cancel only the next scheduled transfer or the entire recurring transfer schedule. After the entire recurring transfer schedule is cancelled, all future transfers will be cancelled, and you must reschedule it if you want transfers to be made in the future.

You may cancel a transfer by logging on to the Transfer Service or by contacting us at 800-981-5474.

(e). Authorization

You agree that your transfer instructions are the authorization for us to complete the funds transfer. You authorize us to select any means to execute your funds transfer instructions, such as the Automated Clearing House (ACH), wire transfer, or check.

You will be bound by the rules and regulations that govern the applicable funds transfer systems, such as CHIPS or ACH rules as published by the National Automated Clearinghouse Association (NACHA).

We will make all reasonable efforts to process your transfer requests in a timely manner; however, we reserve the right to hold funds pending settlement or for such period of time as we deem necessary, in our sole discretion, to cover items which may be returned unpaid. For Kish Bank Accounts, any interest earned on such funds during the hold period will remain the property of Kish Bank.

To complete your funds transfer we may utilize ACH transfers, which will result in a debit to one of your Accounts and a credit to another of your Accounts. All Kish Bank ACH transfers go through a Kish Bank transfer account. For ACH debit entries (which debit your other Account and credit your Kish Bank Account), Kish Bank typically holds funds for 3-4 business days to make sure that the item will not be returned unpaid before we will credit your Account. If the ACH transaction is returned for any reason and the payment has been credited to your Account, you authorize us to debit your Account, in whole or in part, for the amount of the returned item and for any returned item fee.

We will notify you of such charge in advance of the transaction. If you choose to proceed with the transaction, you authorize us to debit your Account in the amount indicated.

(f). Transfer Service Changes and Discontinuation

Depending on the type of transfer or the type of your Kish Bank Account we may charge fees, for the use of the Transfer Service, and for any additional services or features that we may introduce. We will notify you of such charge in advance of the transaction. If you choose to proceed with the transaction, you authorize us to debit your Account in the amount indicated. You agree to pay all fees associated with the use of the Transfer Service.

We may modify or discontinue the Transfer Service or your Account(s) with us, with or without notice, without being liable to you, any other user or any third party.

(g). Suspension, Reinstatement, and Termination

Without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Transfer Service, immediately and without prior notice to you, if we incur a problem with your use of the Transfer Service. For example, if there is a failure in attempting to debit any of your Accounts or to collect any of your funds transfers as described above. You understand and agree that such action is reasonable for us to take in order to protect Kish Bank from loss. In the event of such suspension, you may request reinstatement of your service by contacting us at 800-981-5474.

In our sole discretion we may grant or deny reinstatement of your use of the Transfer Service. If we agree to reinstate you, we may initially reinstate your Transfer Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions. Based upon your subsequent usage of the Transfer Service, we may restore your ability to complete transfers subject to such higher limits as may then be in effect.

Subject to applicable law, we may terminate your right to use the Transfer Service at any time and for any reason, including if in our sole judgment we believe you:

• Engaged in conduct or activities that violate any of the terms of this Agreement or our rights; or
• Provided us with false or misleading information; or
• Interfered with other users or the administration of the Transfer Services.

(h). No Unlawful or Prohibited Use

As a condition of using the Transfer Service, you warrant to us that you will not use the Transfer Service for any purpose that is unlawful or is not permitted by the terms of this Transfer Service or by any applicable law or regulation. You further warrant and represent that you will not use the Transfer Service in any manner that could damage, disable, overburden, or impair the Transfer Service or interfere with any other party’s use of the Transfer Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Transfer Service. These warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

(i). Account Number Policy

If the instructions for a transfer under the Transfer Service identify a bank or beneficiary by name and account number, we or the relevant Financial Institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You agree that neither we nor the relevant Financial Institution will have responsibility to investigate discrepancies between names and numbers.

(j). Joint Account Holder

By using the Transfer Service, you confirm that, if your Accounts are held jointly, your joint account holder has consented for you to use your Accounts for the Transfer Service. Each joint account holder on Accounts at Kish Bank has the right of access to account activity and to view transfers scheduled to be debited from the Kish Bank Account.

For your Kish Bank checking and savings Accounts, a joint account holder may cancel, but not edit, any pending or scheduled transfer where funds are being transferred from a Kish Bank Account if the cancellation occurs before the transaction is sent for processing. We may end your use of the Transfer Service if any joint account holder notifies us that (i) the joint account holder never consented to your use of our Transfer Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) the joint account holder is withdrawing consent for you to use the joint account for the Transfer Service.

(k). Your Responsibility for Errors

We must rely on the information you provided, and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf. Financial Institutions receiving the funds transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. If you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any, duplication, ambiguities, or fraud in the information that you provide. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we may recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of Financial Institutions holding the non-Kish Bank Account. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant Financial Institution. Any rights you may have against a Financial Institution for such errors, delays or other problems are subject to the terms of the agreements you have with such Financial Institution, including any time limits during which complaints must be made.

Please see EFT Provisions (Consumers) in Section 7 (Electronic Funds Transfer Provision) in this Agreement for terms and conditions that apply to electronic funds transfers that debit or credit a consumer checking, savings, or other asset account and are subject to Regulation E.

(l). Our Liability

If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we will be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account.

We are not liable for any costs, fees, losses or indirect, special or consequential damages of any kind incurred as a result of:

• Our debit and/or credit or inability to debit and/or credit the accounts in accordance with your funds transfer instructions; or
• Inaccuracy, incompleteness, or misinformation contained in the information retrieved on the accounts; or
• Charges imposed by any non-Kish Bank Financial Institution or by applicable law; or
• Funds transfer limitations set by a non-Kish Bank Financial Institutions or applicable law; or
• Not enough money in your Account to make the funds transfer; or
• Transfers exceeding the credit limit on any applicable overdraft line; or
• System failures at a non-Kish Bank Financial Institution and we are unable to complete the transfer; or
• Circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; or Third party caused, including your non–Kish Bank Financial Institution; or
• Any further limitations on liability as otherwise stated in the agreement(s) governing your Account(s) with us.

There may be additional exceptions to our liability not specifically enumerated in this Agreement.

Except as otherwise required by law, we will in no event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty set forth in this Agreement.

(m). Security

Security Procedures.

The Financial Institution at which your account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions. In connection with the Transfer Service we may provide to that Financial Institution such information as may be required to verify the instructions and the verification may constitute a valid security procedure under the rules governing that Account.

Deviating from Security Procedures.

You permit us to authorize your non-Kish Bank Financial Institution to accept funds and transfer instructions in accordance with any authorization procedures you and such Financial Institution have agreed upon, or that we, on your behalf, and such Financial Institution have agreed upon, without verifying the instructions under the established security procedures, regardless of whether you agreed to the security procedures or we agreed on your behalf. In addition, we may authorize such Financial Institutions to charge and debit your Accounts based solely on these communications.

Additional Provisions for Business Accounts.

The provisions in this section apply only to transfers to and/or from business accounts. You agree that the password security described in section m for transfers are commercially reasonable. For transfer requests to and/or from business accounts, which are subject to Article 4A of the Uniform Commercial Code (“UCC 4A”), you agree that we are liable only for damages required to be paid under UCC 4A except to the extent such damages are covered by this agreement. In no event will we be liable for any special, indirect or consequential loss, damage, costs or expense of any nature, including, without limitation, lost profits, even if we have been informed of the possibility of such damages, except as may be required by law.

 

5. Person to Person Transfer Service

(a). Overview of Transfer Service.

The Person to Person Transfer Service also referred to as “P2P” uses Visa Direct and MasterCard Send to enable a convenient way to transfer money between you and others (each, a “Member”) who are enrolled with another financial institution that partners with the Visa Direct and MasterCard Send (“Network Banks”) using email addresses or mobile phone numbers.

(b). Definitions.

• “Deposit Account” means a transaction account that has been identified by the financial institution holding the account as eligible to receive funds from Transfer Transactions.
• “Funding Account” means a transaction account that has been identified by the financial institution holding the account as eligible to serve as a funding account for Transfer Transactions.
• “Member” means a person who is any one or more of the following:
  • an individual, business or government agency enrolled in the Transfer Service through any Participating Financial Institution,
  • a business that uses the Transfer Service through any Participating Financial Institution to send money to another Member,
  • an individual or business that is enrolled in the Transfer Service through Visa Direct and MasterCard Send to receive funds at the Member’s Financial Institution; or
  • an individual, or business that is not yet enrolled in the Transfer Service, but with whom you attempt to initiate a Transfer Transaction.
• “Participating Financial Institution” means any financial institution which is participating in or cooperating with Visa Direct and MasterCard Send and the Transfer Service. We are a Participating Financial Institution.
• “Member’s Financial Institution” means any financial institution, including a Participating Financial Institution, holding a Member’s account that the Member has authorized to send or receive a transfer of funds as a result of a Transfer Transaction.
• “Transfer Transaction” means a transaction initiated through the Transfer Service to:
  • transfer funds out of your Eligible Account to a Member,
  • receive a transfer of funds into your Deposit Account from a Member.
  • send a request to a Member asking the Member to transfer funds to you using the Transfer Service; and/or
  • receive a request from a Member asking you to transfer funds to them using the Transfer Service.
• “You or Your” means each Owner of an Eligible Account.
• “We, Us, Our and Kish Bank.
• “Visa Direct and MasterCard Send” refers to the Visa Direct and MasterCard Send Network which facilitates the exchange of Transfer Transaction messages between financial institutions.

(c). Eligibility to Use P2P

In order to use P2P, you must have an Eligible Account. Account eligibility rules may differ if you enroll in the same service through a separate financial. In order to receive fund transfers into your Eligible Account, that account must be in good standing. In order to transfer funds out of your Eligible Account to another individual or business, you must have an available balance in that account. You represent that you have the authority to authorize debits and credits to the enrolled Eligible Account.

You agree that you will not use the Transfer Service to request, send or receive money from anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law.

We may, from time to time, introduce new features to the Transfer Service. When this happens, we will update our website to include them.

(d). Registering an Email Address or Mobile Phone Number.

As part of enrollment into the P2P, you must register an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) or a permanent, text message-enabled mobile phone number that you intend to use for an extended period of time. (i.e., no “burner” numbers). You may not enroll in the Transfer Service with a landline phone number, Google Voice number, or Voice over Internet Protocol. We reserve the right to cancel any registered email addresses or mobile phone numbers that do not meet the requirements of this section at any time without prior notice.

Once registered, you may:

• authorize a debit of your account to send money to another User either at your initiation or at the request of that User and
• receive money from another User either at that User’s initiation or at your request.

(e). Use of Telephone Calls, Emails and Text Messages

Sending Emails and Text Messages on Your Instruction. Each time you send money using P2P, you are also authorizing and instructing us to send emails and text messages to the recipient concerning the Transfer Transaction. You agree that these emails and text messages are sent on your behalf. You represent and warrant to us that for each person you instruct us to send emails and text messages, you have received permission from that person for us to do so. Please note:

• Each time you initiate a Transfer Transaction, you are authorizing and instructing us to send both an initial email or text message to the recipient and, at our discretion, a follow-up or reminder message with respect to the same Transfer Transaction.
• These emails and text messages may identify you by name, mobile phone number and/or email address and may state that we are sending them on your behalf and according to your instructions.
• Our mobile banking application may request access to your device’s contacts to streamline your interaction with Members.

Consent to Emails and Automated Text Messages. By participating as a Member in the Transfer Service, you represent and warrant to us that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number, and/or other alias to send or receive money. You consent to the receipt of emails or text messages from us, from other Members that are sending you money or requesting money from you, and from other Participating Financial Institutions or their agents regarding the Transfer Service or related transfers between Participating Financial Institutions and you. You agree that we may, or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree that:

• You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
• You will immediately notify us if any email address or mobile phone number you have registered for use in the Transfer Service is (i) surrendered by you, or (ii) changed by you.
• In the case of any messages that you may send through us or that we may send on your behalf to an email address or mobile phone number, you represent you have obtained the consent of the recipient of such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send on your behalf may include your name.
• Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us, including messages that you may send through us or that we may send on your behalf.
• To cancel text messaging from us, send STOP when prompted. For help or information regarding text messaging contact our customer service number. You expressly consent to receipt of a text message to confirm your “STOP” request.
• To get help with Transfer Service text messages, call us at 800-981-5474.

In the event you ever withdraw this consent, and notwithstanding that withdrawal, you expressly authorize us to use any of the methods described above to send you messages confirming your instructions sent to us via text message, including a confirmation from us in the event you withdraw your consent.

Declining to Use an Email Address or Telephone Number. We may, in our sole discretion and for any reason, decline at any time to accept or use, or to continue to accept or use, any specific email address or telephone number provided to us by any person.

Wireless Operator Data. We may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Transfer Service. By using the Transfer Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to us with your wireless operator account profile information for the duration of our business relationship.

(f). Fees for the Transfer Service.

We do not charge a fee for using the Transfer Service. However, fees associated with text messaging may be assessed by your mobile carrier, and data rates may apply. In addition, fees may apply if you use the Transfer Service through another financial separate transfer service website or mobile app. We reserve the right to assess fees in connection with the Transfer Service in the future. If we do assess fees, we will give you reasonable notice as required by law and deduct any applicable fees from the Eligible Account used for the Transfer Transaction.

(g). Accessing Your Funding Account; Terminating Access

Gaining Access.

You authorize us to provide access to your Eligible Account through the Transfer Service to initiate and complete Transfer Transactions.

To access the Transfer Service, you must have a username, a password, and the required hardware and software as described on the website. You must also comply with any other security procedures and policies we may establish from time to time.

You must provide all telephone and other equipment, software (other than any software provided by us), and services necessary to access the Transfer Service.

Not all types of accounts are eligible for Transfer Transactions. We reserve the right to decline the use of any account as an Eligible Account that we believe may present a risk to you and/or us.

Terminating Access.

In the event (i) you violate any terms of this Agreement, (ii) there are unauthorized or fraudulent transactions related to your Eligible Account or use of the Transfer Service, or (iii) we incur problems with your use of the Transfer Service, you agree that we may suspend or terminate your access to the Transfer Service at any time.

We may, in our sole discretion, at any time and without prior notice to you or other Transfer Service participants, suspend or terminate:

• the Transfer Service,
• your ability to send or receive funds through a Transfer Transaction,
• your ability to send funds through a Transfer Transaction, while continuing to permit you to receive funds through a Transfer Transaction,
• your ability to request funds from another Member, or
• your ability to receive requests for funds from another Member.

Application of this Agreement After Reinstatement.

In the event your access to the Transfer Service is terminated or suspended for any reason and then later reactivated or reinstated, you agree that this Agreement, or any revised or amended version of this Agreement in effect at the time of reactivation or reinstatement, will continue to apply to your Transfer Transactions and use of the Transfer Service.

(h). Privacy, Authorization to Use Information; Obligation to Update Contact Information

Commitment to Privacy.

We make security and the protection of your information a top priority. Except as otherwise provided in this Agreement, all information gathered from you in connection with using the Transfer Service will be governed by the Kish Bank Privacy Notice and Digital Privacy and Cookies Policy.

Use of Personal Information to Identify You and Process Transfer Transactions.

You authorize each Participating Financial Institution to use the email addresses and telephone numbers that are associated with you to process and route Transfer Transactions to and from your Eligible Account.

In particular if you:

• receive notice of a Transfer Transaction via any email address or via text message at any telephone number, and
• authorize or accept completion of the Transfer Transaction, then You are also authorizing all Participating Financial Institutions to associate that email address or telephone number with you and with your Eligible Accounts.

You agree that we may provide information about you to:

• any Member you contact, communicate with, send funds to, or receive funds from, using the Transfer Service, and
• any Member’s Financial Institution, or any other person engaged in processing, facilitating, or delivering Transfer Transactions to which you are a party.

The information we provide may include your name, address, telephone number, and email address. You irrevocably waive any provision of our Kish Bank Privacy Notice which would prevent us from providing this information in connection with any Transfer Transaction to which you are a party.

Additional Provisions Concerning Use of Information.

You agree that we may obtain such additional information as we deem reasonably necessary to ensure that you are not using our Transfer Service in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering” or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.

You understand that in order to complete fund transfers using the Transfer Service, it may be necessary for us to communicate with other financial institutions and other participants in the Transfer Service concerning the Transfer Transactions. You agree that we may use, copy, modify, update, display, and distribute to other persons any information or data you provide to us for the purpose of processing Transfer Transactions or providing the Transfer Service, and you give us a license to do so.

You authorize us and other Participating Financial Institutions to use information you provide to us, and information concerning your Transfer Transactions in order to:

• initiate and complete Transfer Transactions, and
• provide ancillary and supporting services to facilitate your Transfer Transactions and use of the Transfer Service.
• Your authorization includes, but is not limited to, providing such information to:
  • Members to whom you send funds or from whom you receive funds using the Transfer Service,
  • Member’s Financial Institutions, and
  • any intermediary or service that is in any way facilitating or processing the Transfer Transaction.

We may also disclose information to third parties about your account or the transfers you make, in order to process your transactions or to verify the existence and condition of your account. The third parties may include transactions processors, clearinghouses, credit bureaus and merchants.

Each time you use the Transfer Service, you represent and warrant to us that:

• you have the right to authorize us to access your Funding Account to effect fund transfers or for any other purpose authorized by this Agreement,
• you are not violating any other person’s rights when you provide us information and instruct us to initiate or complete a fund transfer, and
• all the information you provide to us is true, current, accurate, and complete.

We will maintain audit logs that track your access, view, and use of electronic data in connection with your use of the Transfer Service. These audit logs may include, but are not limited to, detailed information about your transactions and communication with other Transfer Service participants.

 Changes to Email Addresses and Telephone Numbers.

You agree that you will notify us immediately in the event of a change to any email address or telephone number that has been provided to us and is associated with you. You may instruct us to change any email address or telephone number we associate with the Transfer Service at any time. Address and telephone number changes may be initiated:

• at your request,
• if we receive notice of change to your email address or telephone number from any Participating Financial Institution or any common carrier; or
• if we receive information from another party in the business of providing correct contact information that the email address or telephone number in our records no longer is associated with you.

We may continue to rely on any email address or telephone number that has been provided to us until you notify us of a change. We may act on any instruction purportedly made on your behalf within a reasonable time after we receive such instruction.

(i). Power of Attorney

For as long as you are using the Transfer Service, you give to us a limited power of attorney and appoint us as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access the Eligible Accounts, complete fund transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with completing fund transfers, including verifying the content and authenticity of any fund transfer instruction for the purposes of security procedures applicable to Eligible Accounts, as fully to all intents and purposes as you might or could in person. Once we have actual knowledge that you wish to cease using the Transfer Service as provided in this Agreement and have a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by us in good faith before we have actual knowledge of the termination by you and have a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you. This limited power of attorney shall not be affected by your subsequent incapacity.

You understand and agree that your relationship with each person to whom you send money to, or receive money from, is independent of Kish Bank and your use of the Transfer Service. We will not be responsible for any acts or omissions by these persons.

YOU ACKNOWLEDGE AND AGREE THAT WHEN KISH BANK IS EFFECTING A FUND TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, KISH BANK IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that Kish Bank, its affiliates, service providers, and partners shall be entitled to rely on the authorization, agency, and power of attorney granted by you in this Agreement for the person-to-person transfer service.

(j). Limitation of Liability

YOU AGREE THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR ABILITY OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED ON THE ACCOUNTS; (4) ANY CHARGES IMPOSED, OR ACTIONS TAKEN, BY ANY NON-KISH BANK FINANCIAL INSTITUTION; (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE NON-KISH BANK FINANCIAL INSTITUTIONS; AND/OR (6) LIABILITY ARISING FROM THE RECEIPT OR NON-RECEIPT OF THIRD PARTY NOTIFICATIONS SENT TO TRANSFER FUNDS RECIPIENTS’ EMAIL ADDRESSES OR MOBILE PHONE NUMBERS PROVIDED TO US.

We shall have liability to you for any such transfers of money, including without limitation, (i) any failure, through no fault of us to complete a transaction in the correct amount, or (ii) any related losses or damages. We shall be liable for any typos or keystroke errors that you may make when using the Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE P2P TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. WE  DO NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

(k). Your Fund Transfers to Other Members

Types of Fund Transfers.

You may use the Transfer Service to perform Transfer Transactions.

We may from time to time make available additional or new features to the Transfer Service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. We may at any time decline any Transfer Transaction that we believe may violate applicable law.

You represent and warrant to us that:

• all Transfer Transactions you initiate are for your own account, and not on behalf of another person,
• you are not receiving any fee or compensation from any other person in return for initiating a Transfer Transaction, and
• you are authorized by the receiving Member to make funds transfers to the Member’s account at the Member’s Financial institution.

Sending Money; Debits by Participating Financial Institutions.

General Information

You may send money to another Member at your initiation or in response to that Member’s request for money. For your protection, you should only send money to people you know and trust. You understand that use of this Transfer Service by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your Eligible Account. You understand that when you send the payment and it is processed, you will have no ability to stop it.

Timing of Transfer Transactions

In most cases, when you are sending money to another Member, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, and the other Participating Financial Institutions, we may need additional time to verify your identity or the identity of the person receiving the money.

If you are sending money to someone who has not registered as a Member with a Participating Financial Institution, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not registered as a Member may fail to register, or otherwise ignore the payment notification, and the transfer may not occur.

The money may also be delayed, or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your communication preferences (i.e. email, push notification).

We have no control over the actions of other Members, other Participating Financial Institutions or other financial institutions that could delay or prevent your money from being delivered to the intended Member.

Frequency of Transfer Transactions.

We do not limit the number of transfers you may make; however, you may not make transfers in excess of the number of fund transfers allowed by the rules governing the applicable accounts. We may from time to time, for security and risk management reasons, modify the limit, the frequency, and the dollar amount of transfers you can make using the Transfer Service.

Dollar Amount of Transfer Transactions for Sending Money.

You may not make transfers in excess of the limits described below. The amount of money you can send will vary based on the type of Funding Account you use, your recipient and the transaction history for each recipient. Transfers to established recipients from a Funding Account may be made up to a daily aggregate dollar limit of $3,000 and a 30-day aggregate dollar limit of $10,000.

We reserve the right to change from time to time the dollar amount of transfers you are permitted to make using the Transfer Service. For example, in the event that your use of the Transfer Service has been suspended and reinstated, you understand and agree that your use of the Transfer Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us. All transfer limits are subject to temporary reductions to protect the security of customer accounts and/or the Transfer Service. Your transfer limits may vary from those of other Members, depending upon criteria we establish from time to time.

Transfer Transactions Subject to the Rules of the Eligible Account.

All Transfer Transactions are subject to the rules and regulations governing your Eligible Account. You agree not to initiate any payments from an account that are not allowed under the rules or regulations applicable to that account, including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations. You agree that any Transfer Transaction to a Member’s account which is not with a Participating Financial Institution will also be governed by the NACHA Operating Rules and any applicable card network rules (e.g. Visa or Mastercard).

Transfer Transaction Descriptions.

We may, in our sole discretion, permit you to add a description or comment concerning the Transfer Transaction that will be transmitted to the recipient. You agree that if we permit you to add a description or comment concerning the payment to your recipient that you will not include inappropriate or abusive language, messages or content in the description or comment. You agree that we may monitor the contents of the description or comment and may delete or edit the message if we believe any of the content is inappropriate or abusive, in our sole and absolute discretion.

Failure or Rejection of Transfer Transactions.

We do not make any representation or warranty that any particular Transfer Transaction can be completed, or that it can be completed within a particular period of time. Any estimate we may provide concerning the completion date for the Transfer Transaction is only an estimate and is not binding on us. You understand and agree that we have no control over the actions of other Members, or of other financial institutions (including Member’s Financial Institutions), that may prevent a Transfer Transaction from being completed, or may delay its completion. You understand and agree that we may not be able to complete a Transfer Transaction if:

• the receiving Member does not enroll in or register with the Transfer Service; or,
• the receiving Member does not complete the necessary steps in provided needed information to complete the transfer; or,
• the receiving Member does not register with the Transfer Service the specific email address or telephone number you have provided to us for them.

Upon learning that a Transfer Transaction to transfer funds from your Funding Account to a Member cannot be completed for any reason, we may make a reasonable effort to complete the payment again. If the Transfer Transaction is not completed, we will notify you to contact your intended recipient but are not required to do so.

If you do not have enough money in your Funding Account to make a Transfer Transaction, we may reject your request to initiate the Transfer Transaction.

We reserve the right to decline or cancel any payment instructions or orders or to carry out change or cancellation requests. We may, in our sole discretion, decline to initiate or complete a Transfer Transaction for any reason. We may, in our sole discretion, accept instructions from any Member or from a Member’s Financial Institution to block your attempts to use the Transfer Service to initiate Transfer Transactions with that Member or customers of that institution.

Authorization for Fund Transfer and Suspense of Funds.

You agree that each payment instruction you give us is an authorization to make a funds transfer on your behalf. You authorize us to withdraw the funds from your Eligible Account immediately upon receiving your instruction for the Transfer Transaction and to place the funds in a suspense account pending completion of the Transfer Transaction. You understand and agree that in the case of a Transfer Transaction to a person who has not yet enrolled in the Transfer Service, or if your Eligible Account has been open for less than thirty days, we may hold your funds in the suspense account for up to fifteen business days before either returning the funds to you or sending them to the recipient.

You also agree that the Member’s Financial Institution receiving the funds for a Transfer Transaction may hold those funds for a reasonable period of time while attempting to identify a Deposit Account for a Member who has either:

• not yet enrolled in the Transfer Service,
• not yet identified a Deposit Account, or
• closed the recipient’s prior Deposit Account but still has other accounts open with the Member’s Financial Institution.

You understand that the Member’s Financial Institution receiving the funds may require a Member to manually accept each fund transfer you send to the Member. If the Member does not accept the funds transfer within the time frame set by the Member’s Financial Institution, the funds will be returned to you. You understand and agree that we have no control over whether or not the Member’s Financial Institution will require manual acceptance, or how long the Member’s Financial Institution will hold the funds before returning them.

You authorize us to act as your agent in receiving and processing any return of funds as we deem appropriate.

No Right to Cancel or Stop a Transfer Transaction.

Transfer Transactions that have been processed cannot be cancelled or stopped. You agree that you, and not we, will be responsible for resolving any payment dispute with any Member to whom you send money through a Transfer Transaction.

(l). Processing Payments by Other Members to You; Refunding Payments and Payment Disputes

Payments to You from Other Members.

General Information

Once a Member initiates a transfer of money to your email address or mobile phone number enrolled with the Transfer Service, you have no ability to stop the transfer. By using the Transfer Service, you agree and authorize us to initiate credit entries to your Deposit Account.

All fund transfers payments received are subject to the rules and regulations governing your Eligible Account.

Timing of Transfer Transactions

Most transfers of money to you from other Members will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, and the other Participating Financial Institutions, we may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your communication preferences (i.e. email, push notification).

In some cases, a Member, who is a business or government agency, may send payments to you using the email address or mobile phone number that you registered. If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.

Dollar amount of Transfer Transactions for Receiving Money

With some exceptions, as noted in this section, Kish Bank does not set limits on the funds you can receive from other Members. However, for Kish Bank account-based transactions, where a Kish Bank Member transfers funds directly to your Eligible Account using your account number rather than your mobile phone number or email address, you can receive up to $10,000 per day, per account. In addition, the funds you can receive from another Member may be limited by applicable card network rules, the Member’s Financial Institution’s transfer service agreements separate transfer service agreements.

Processing Transfer Transactions

You agree that we may hold funds we receive on your behalf for a reasonable period of time while attempting to identify an Eligible Account if you have either:

• • not yet identified an Eligible Account, or
  • closed your prior Eligible Account but still have other accounts open with us.

We may return all or part of any Transfer Transaction to the sending financial institution, at any time and in our sole discretion, if either:

• • we are unable to establish that you are the intended recipient of the Transfer Transaction,
  • you do not register with the Transfer Service the specific email address or telephone number the sending Member has provided to us for you,
  • we reasonably believe that completing the Transfer Transaction would violate any applicable law or regulation,
  • the Member sending the funds has exceeded any of the sending limits established by the Member’s financial institution for Transfer Transactions,
  • you have exceeded or will, by receiving the pending Transfer Transaction, exceed any of your receiving limits for Transfer Transactions,
  • we are advised that either the Participating Financial Institution, the Member initiating the Transfer Transaction, or the owner of the Eligible Account from which the payment was made, has alleged that the Transfer Transaction was fraudulent or unauthorized, or
  • you do not identify an Eligible Account within a reasonable time, not to exceed 14 calendar days, after you are sent notice of a pending Transfer Transaction.

Refunding Payments Made to You by Members.

You agree that you are responsible for the full amount of any Transfer Transaction we credit to your Funding Account which is later reversed for any reason. You agree that we may withdraw the full amount, or any portion, of any reversed or disputed Transfer Transaction, plus any applicable fees, from your Funding Account or from any other account you have with us, without prior notice to you. You agree that you, and not we, will be responsible for resolving any payment dispute with any Member from whom you receive money through a Transfer Transaction.

Discharge of Obligations.

You understand and agree that the extent to which a Transfer Transaction discharges an underlying obligation you have to the recipient of a Transfer Transaction, or an underlying obligation owed to you by the sender of a Transfer Transaction, will be determined by your agreement with the other party and other applicable law.

(m). Requesting Money from Another Member and Receiving a Request for Money

Requesting Money.

We may, at our option, offer you the ability to send a request for money to another Member. You understand and agree that:

• All requests for money must be delivered to an email address if a Member has not registered a mobile phone number with us, or a Participating Financial Institution.
• Members to whom you send payment requests may reject or ignore your request. We do not guarantee that you will receive money from other Members by sending a payment request. If a Member ignores your request, we may decide, in our sole discretion, that we will not send a reminder or repeat request to that Member. We have no obligation to advise you on whether or not the request has been received.
• You will not make or repeat a request for money to a Member after you have received notice from any person that either:
  • the Member does not wish to receive a request for money from you, or
  • the Member disputes or disclaims the obligation for which the request is made.
• You agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order.
• You agree to receive money requests from other Members, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us. We do not assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
• We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

Receiving a Request for Money.

We may offer other Members the ability to send you a request for money. You have no obligation to respond to the request, either through the Transfer Service or otherwise. You authorize us to deliver to you all requests made by other Members that we reasonably believe are addressed to you. You understand and agree that:

• We are not able to control the frequency, content, or purpose of requests that may be sent to you by other Members.
• We make no representations or warranties concerning the genuineness or accuracy of any request you receive.
• We do not guarantee that you will receive requests addressed to you through the Transfer Service.
• We may not be able to prevent or block requests from being sent to you, either by specific Members or generally, unless you terminate your enrollment in the Transfer Service.

(n). Transfer Transaction History

Your Transfer Transactions will appear in the online transaction history and in the periodic statements for your Eligible Account.

(o). Your Responsibility for Errors

You understand that we must rely on the information provided by you and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you, to submit fund transfer instructions on your behalf. You understand that financial institutions receiving the fund transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You agree to accept full responsibility for losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

(p). Miscellaneous

Subject to these terms, the Transfer Services are generally available 24 hours a day, seven days a week except for outages for maintenance and circumstances beyond our control. Live customer service generally will be available Monday through Friday, excluding United States bank holidays.

 

6. Kish Bank Mobile Deposit Service

(a). Description

The Kish Bank Mobile Deposit Service (“Mobile Deposit Service”) is only available through the Kish Bank Mobile app. The Mobile Deposit Service enables you to use the Kish Bank mobile application and certain hardware (such as a smartphone or other mobile device) approved by us to create electronic images of the front and back of certain eligible paper checks and to transmit those images and other information, including, without limitation, information captured from the magnetic ink character recognition (“MICR”) line, to us for review and processing in accordance with this Section. “Electronic Check” means the electronic image of, and electronic information derived from, a paper check. After we receive your transmission, we will review each Electronic Check. For each Electronic Check that we determine is eligible for processing as described below, we will:

• Create a substitute check that we will present directly or indirectly to the bank
  • On which the original paper check to which the Electronic Check relates is drawn, or
  • At or through which the paper check is payable (each, a “Paying Bank”),
• Include the Electronic Check in an electronic file for presentment directly or indirectly to the Paying Bank; or
• Present or post any Electronic Check for which we are the Paying Bank.

(b). Qualification

In order to enroll in the Mobile Deposit Service, you must be designated as an authorized signer or owner of a Kish Bank checking or savings account that is eligible for this Mobile Deposit Service (“Mobile Deposit Eligible Account”), and be approved by us.

(c). Conditions to Provision of the Mobile Deposit Service

As conditions to our provisioning the Mobile Deposit Service, you shall:

• Maintain the Mobile Deposit Eligible Account in good standing,
• Subscribe to Kish Bank Online Service
• Download the Kish Bank mobile app on an eligible mobile device, and
• Comply with such restrictions or dollar limits on the Service as we may communicate to you from time to time.

(d). Fees

The Mobile Deposit Service is provided at no charge to you. We may, upon at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for use of the Mobile Deposit Service. If you continue to use the Mobile Deposit Service after the fee becomes effective, you agree to pay the service fee that has been disclosed or otherwise made available to you, as may be amended from time to time. Further, you will be required to designate an account with us from which fees for the Mobile Deposit Service will be debited.

Any applicable fees for the Mobile Deposit Service may be changed by us at our discretion at any time upon at least 30 days prior notice to you, to the extent required by applicable law. If the Billing Account is closed, or if the Billing Account does not have sufficient available funds to cover the fees, you authorize us to charge any such fees to any other deposit account you maintain with us.

(e). Creating and Transmitting Electronic Checks to Us

You shall use the Kish Bank mobile app to scan eligible paper checks that you wish to deposit to your Mobile Deposit Eligible Account by means of the Mobile Deposit Service and to transmit your Electronic Checks to us. The following items may not be deposited through the Mobile Deposit Service: international checks, U.S. savings bonds, U.S. postal money orders, MoneyGram, remotely created checks (whether in paper form or electronically created), checks drawn against a line of credit (convenience checks or “electronically created items,”) and cash are not eligible for the Mobile Deposit Service. Except as noted in the preceding sentence, only checks, money orders, cashier’s checks, or traveler’s checks, drawn on or payable at or through a U.S. bank, can be transmitted through the Mobile Deposit Service. Additionally, only items that are made payable to, and indorsed by, you may be transmitted through the Mobile Deposit Service.

(f). Processing Your Electronic Check(s)

If you transmit your Electronic Check(s) to Kish Bank before the cut-off time we separately disclose to you (the “Cut-Off Time”) on any Business Day, we shall review and process your Electronic Check(s) on that Business Day. If you transmit your Electronic Check(s) to us after the Cut-Off Time on any Business Day, we shall review and process your Electronic Check(s) on the next Business Day. Your Electronic Check(s) is deemed to have been received by us when the Mobile Deposit Service generates a confirmation message.

(g). Exception Checks

Each Business Day on which we review and process your Electronic Check(s), we will use commercially reasonable efforts to review each Electronic Check and to reject any Electronic Check that we in our sole discretion determine to be ineligible for the

Mobile Deposit Service (each, an “Exception Check”). “Exception Check” includes, without limitation, an Electronic Check that:

• Is illegible or contains MICR data that is not machine-readable,
• Was previously processed as an Electronic Check, or
• Is drawn on banks located outside the United States and is not payable at or through a bank located within the United States.

We will notify you of each Exception Check through the Kish Bank Online secure messaging service, or other communication channels at our discretion. If you wish to attempt to deposit any Exception Check to your Mobile Deposit Eligible Account, you shall do so only by depositing the original paper check on which the Exception Check is based or as otherwise agreed between us. Even if we do not initially identify an Electronic Check as an Exception Check when we review and process the Electronic Check to which the Exception Check relates, the Electronic Check or the substitute check or the alleged substitute check created by us from it may nevertheless be returned to us because, among other reasons, the Paying Bank determines that such item or check is illegible or missing an image. Our failure to identify an Exception Check shall not preclude or limit the obligation of you to us under Section (i).

(h). Deposits to the Mobile Deposit Eligible Account

Subject to our right to identify and reject Exception Checks, we shall be deemed to have accepted each Electronic Check that is not an Exception Check for deposit to the Mobile Deposit Eligible Account on the Business Day that we process the Electronic Check, provided its transmission to us is prior to the Cut-Off Time. In addition, an Electronic Check will be deemed to have been deposited at the office where the Mobile Deposit Eligible Account is maintained.

(i). Your Representations and Warranties to Us

You represent and warrant to us that:

• You will use the Mobile Deposit Service only for paper checks payable to, and indorsed by, you.
• Prior to transmitting an image of the check, you will restrictively indorse the back of the check “For Mobile Deposit at Kish Bank Only” or, where available, marking the box named “CHECK HERE IF MOBILE DEPOSIT.”
• You will properly secure all hardware you use in connection with the Mobile Deposit Service (including, but not limited to, securing the hardware with a password, PIN, or other security credentials to prevent unauthorized use). You will maintain control over and be responsible for secure retention, storage, and destruction of original paper checks for which you have created an Electronic Check. After transmitting the Electronic Check to us, you will retain the original paper checks for a minimum of five (5) calendar days, but no longer than fourteen (14) calendar days, from the transmission date (“Retention Period”). You will retain and store the original paper checks in a secure and locked container that is only accessible by persons needing access to such paper checks. During the Retention Period and upon our request, you agree to provide us with the original paper checks. Once the Retention Period has expired, you will securely and irretrievably destroy original paper checks from which you have previously created and submitted to us an Electronic Check.
• You will not submit any duplicate Electronic Checks to us.
• You will not deposit to your Mobile Deposit Eligible Account or otherwise negotiate any original paper check from which you have previously created and submitted to us an Electronic Check, unless we have notified you that the Electronic Check is an Exception Check.
• You will transmit to us only Electronic Checks that are suitable for processing, including, but not limited to, Electronic Checks that are legible and contain machine-readable MICR data.
• You will review and verify for accuracy the information contained in the Electronic Check(s) before you transmit it to us.
• You will only transmit Electronic Check(s) that are drawn on or payable at or through banks located within the United States.
• You will not store or make a back-up copy of the Electronic Check(s).

(j). Your Agreement to Indemnify

You will indemnify, defend, and save us and our parent company and its affiliates and each of their respective directors, officers, employees, and agents (collectively in this Section 12(j), “Indemnitees”) harmless from and against all liabilities, damages, claims, obligations, demands, charges, costs, or expenses (including reasonable fees and disbursements of legal counsel and accountants) awarded against or incurred or suffered (collectively, “Losses and Liabilities”) by Indemnitees arising directly or indirectly from or related to the following (except for Losses and Liabilities arising directly or indirectly from or related to our own gross negligence or willful misconduct):

• Any negligent or intentional act or omission by you in the performance of your obligations under this Section, including, but not limited to,
• Duplicate scanning of the same original paper checks,
• Transmission of duplicate Electronic Checks,
• Calculation errors of deposit totals,
• Numerical errors on deposit data entry, and
• Fraudulent or unauthorized use of your hardware, username and/or passwords.
• Any material breach in a representation, warranty, covenant, or obligation of you contained in this Section,
• The violation of any applicable law, statute, or regulation in the performance of your obligations under this Section,
• Kish Bank acting as a “reconverting bank” under the Check Clearing for the 21st Century Act through the creation of “substitute checks” or purported substitute checks using an Electronic Check or an illegible Electronic Check,
• Our presenting to Paying Bank an Electronic Check for payment; and
• Your failure to:
  • Securely maintain your hardware or the original paper check, or
  • Properly and timely dispose of original paper checks in accordance with this Section, in which event such Losses and Liabilities shall include without limitation consequential damages.

You will further indemnify, defend, and save harmless Indemnitees from and against all Losses and Liabilities by Indemnitees arising directly or indirectly from or related to Regulation CC (12 CFR Part 229) as follows:

• To a drawer of a draft payable through us, we warrant that:
• The electronic image accurately represents all of information on the front and back of the original check as of the time the original check was truncated and the electronic information includes an accurate record of all MICR line information required for a substitute check (“Image Quality Warranty”) and
• The drawer will not receive a presentment of or otherwise be charged for an electronic check, an electronic returned check, the original check, a substitute check, or a paper or electronic representation of a substitute check, such that the drawer will be asked to make payment based on a check it has already paid (“No Double Debit Warranty”).

In the case of transfers for collection or payment, we also make the Image Quality Warranty and the No Double Debit Warranty to the transferee bank, any subsequent collecting bank, and the paying bank. If any Indemnitee suffers any Losses or Liabilities arising directly or indirectly from or related to a breach of any of these warranties, you will indemnify the Indemnitee and not hold it responsible or liable.

• To an owner of a check, we also make the Image Quality Warranty and the No Double Debit Warranty. If any Indemnitee suffers any Losses or Liabilities arising directly or indirectly from or related to a breach of any of these warranties, you will indemnify the Indemnitee and not hold it responsible or liable.
• Through our providing the Mobile Deposit Service to you, we are required to indemnify a depository bank that accepts the original check from which an Electronic Check is created for losses incurred by that depository bank if the loss is due to the check having already been paid. If any Indemnitee suffers any Losses or Liabilities arising directly or indirectly from or related to such depository bank indemnity obligation, you will indemnify the Indemnitee and not hold it responsible or liable.
• If we transfer or present an “electronically created item” and receive settlement or other consideration for it, we are required to indemnify each transferee bank, any subsequent collecting bank, the paying bank, and any subsequent returning bank against losses that result from:
• The electronic image or electronic information is not derived from a paper check,
• The person on whose account the electronically created item is drawn did not authorize the issuance of the item or to the payee stated on the item; or
• A person receives a transfer or presentment, or return of, or otherwise is charged for an electronically created item such that the person is asked to make payment based on an item or check it has paid.

If any Indemnitee suffers any Losses or Liabilities arising directly or indirectly from or related to such electronically created item indemnity obligation, you will indemnify the Indemnitee and not hold it responsible or liable. This Section (j) shall survive the termination of the Mobile Deposit Service.

(k). Termination

You or we may terminate the Mobile Deposit Service at any time.

(l). Right to Audit

We may periodically audit and verify your compliance with this Section. You agree to cooperate and provide information or documents at your expense as may be reasonably requested by us during such audit.

 

7. Electronic Funds Transfer Provisions (Consumers Only)

(a). Applicability

The provisions in this Section apply only to electronic funds transfers (EFTs) that debit or credit a Consumer’s checking, or savings and are subject to Regulation E.

When applicable, we may rely on any exceptions to the provisions in this Section that are covered in Regulation E. All terms in this Section not defined in this Agreement but defined in Regulation E will have the meaning given in Regulation E.

(b). Your Liability

Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:

If you notify us… Your liability will not exceed…

Within two Business Days after learning of the loss or theft of your password $50; or the amount of unauthorized EFTs that occur before notice to us, whichever is less.

More than two Business Days after learning of the loss or theft of your password $500; or $50, plus the amount of unauthorized EFTs that occurred within the two Business Days, plus the amount of unauthorized EFTs that occur after the close of two Business Days and before notice to us.

To avoid liability for subsequent transfers, you must report unauthorized EFTs that appear on a periodic statement within 60 days of our transmittal of the statement. If you do not, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60-day period. If your delay in notifying us was due to extenuating circumstances, we will extend the times specified in the immediately preceding paragraphs to a reasonable period.

(c). In Case of Errors or Questions About Your Electronic Transfers

Here is how to notify us when you believe that an error, unauthorized EFT, or unauthorized transfer has been or may have been made:

• 800-981-5474, or
• Paper Mail. Kish Bank PO Box 917, Belleville PA or
• contactus@kishbank.com

Call the telephone number, write us, or send an email to the address shown above as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.

We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. Complaints or questions you initiate via the process we provide on the Website will be considered as written notification.

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

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will tell you the results of our investigation 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, POS, 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.

We may permit you to initiate or monitor the status of certain kinds of complaints or questions electronically on the Website.

(d). Consumer’s Right to Receive Documentation of Transfers

• You can get a receipt at the time you perform a transfer with your card.
• If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call the phone number shown at the end of this disclosure statement to find out whether or not the deposit has been made.
• You will get a checking or money market account statement monthly. You will also get a monthly savings account statement unless there were no transfers to or from your savings account in a particular month. In any case, you will get the savings account statement at least quarterly.

(e). Changes to Debit Amounts

If you authorize a person to regularly debit your Eligible Account, and the amount varies from the previous amount debited, he/she must tell you, at least 10 days before each debit, when the debit will be made and how much it will be.

(f). Right to Stop Payment and Procedure for Doing So

If you have told us in advance to make a regular payment out of your account, you can stop any of these payments. Here is how:

• Call the phone number or write to the address shown above in time for us to receive your request 3 business days or more before the payment is scheduled to be made. Be sure to tell us the name of the person or company to whom the payment is scheduled to be made and the amount of the payment you wish to stop. If you call, we will also require you to put your request in writing and get it to us within 14 calendar days after you call. If your written request is not received within this time frame, the stop payment will be nullified. For each stop payment that you give, we will charge you the same fee that is charged for a stop payment on a check.
• If a payment is made to the payee/merchant electronically, and the funds have already been deducted from your account, it is not possible to stop payment. Likewise, if payment is made to a payee/merchant via check and the check has already been cashed by the payee/merchant, you may not stop payment.

If you order us to stop one of these pre-authorized recurring payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

If you issue a stop payment order on a recurring payment, this will in no way cancel the company’s right to debit your account. You must contact the originator to cancel your authorization agreement.

(g). Acknowledgments and Agreements

You agree to indemnify and hold us harmless from and against any loss incurred by us if we do not pay a preauthorized EFT because:

• Any of the information relied upon in the stop payment order is incorrect or incomplete; or
• A valid stop payment order is in effect.

 

8. Alerts

(a). Description

Kish Bank may automatically send you certain alert messages via email, text message, push notification, and/or by other means, including to your mobile device. These messages may include, but are not limited to, notifications about potential fraud on your debit or credit card, recent account activity, or changes to your online profile. You can opt not to receive push notifications by turning off push notifications on your Kish Bank mobile app. You can opt not to receive certain alert text messages by disabling consent to receive text messages through the Service.

(b). Alert Delivery Timing

Receipt of any of the alerts we send, whether they are automatic alerts or from the Alerts Service, may be delayed or prevented by factor(s) affecting your internet/phone provider or other circumstances.

Kish Bank is not liable for losses or damages arising from:

• Non-delivery, delayed delivery, or erroneous delivery of any alert.
• Inaccurate alert content.
• Your use or reliance on the contents of any alert for any purposes.

The information in any alert may be subject to certain delays.

Kish Bank sends push notifications to devices on which the Kish Bank app is frequently used. To ensure continued delivery or resume delivery of push notifications, log on to the Kish Bank mobile app on your device frequently.

(c). Terminating Alerts

Kish Bank may terminate or change your use of the Alerts Service at any time without notice. We may also change, modify, or cancel either the content or the delivery method of any automatic alerts.

(d). Acknowledgments and Agreements

You acknowledge and agree that:

• Alerts may not be sent encrypted and may include your name and information pertaining to your account(s).
• You may not modify, change, or alter the content of any alert message that we send to you.

 

9. Online Statements and Documents

(a). Description

Many account documents — including statements, tax documents, and legal notices — can be delivered online for certain Eligible Accounts. You have the option to view, save, or print PDF versions of your account documents from the Website via desktop, tablet, or mobile device.

Any legal notices or disclosures about your Eligible Account that would normally accompany your paper account statement, or that we would mail to you, may be delivered to you electronically. In some cases, we must continue to mail paper statements, legal notices, and disclosures even if you elect to receive them electronically. Kish Bank is not responsible for statement non-delivery if you do not maintain a valid email address.

We may offer you additional options/preferences for delivery of various communications related to your Eligible Accounts. The following is a brief description of the various features of and requirements for using online statements and documents. We may add to, modify, or delete any feature of online statements and documents at our sole discretion.

You must enroll separately in Online Statement and Notice by logging onto your online account and navigating to the move money delivery section.

 

10. Security

(a). Description

You need a username and password, or other Kish Bank approved security and authentication controls, to access your Eligible Accounts through the Service. We may set standards for your username and password.

We recommend that you change your password regularly and select a unique username and password combination for use only with the Service.

We may also require additional security procedures for certain transactions such as P2P, external transactions, changing payee information on existing Bill Pay or adding new payee on Bill Pay. These additional security procedures may require special hardware, software, or third-party services. To enhance the security of your Eligible Accounts, we may also require additional security procedures such as Multi Factor Authentication (MFA). These could include personal reference questions and answers, random number generators, or one-time passcodes.

We may also require the use or activation of specific applications, Internet browser software features, plug-ins and add-ons, to use the Service. These could include JavaScript support and “cookies.”

To enable and enhance secure access to the Service, we may also access detailed information about the computers and Mobile Devices you use to access the Service. This could include telephone numbers and unique internal and network identifiers for your computers and Mobile Devices. We also use cookies and other technology for information security and other purposes, as described in our Digital Privacy and Cookies Policy,

(b). Usernames and Passwords

You can change your username and/or password by calling Kish Bank at 800-981-5474

Usernames and passwords must meet the standards we establish. These standards will be available for your reference whenever you create or change a username and/or password. We may require you to change or update your username and/or password at any time. If we change these standards, you may have to change your password to meet the new standards. We are not required to give you advance notice that we have changed the standards, or that we are requiring you to change or update your password.

You are responsible for keeping your password confidential: We recommend you select a unique username and password combination for use only with the Service and memorize it rather than writing it down.

(c). Protecting Your Security

Even though information exchanged through the Service is protected by advanced encryption techniques while being transmitted, you still need to protect your username and password for the Service.

A scammer may call, email, or text you, pretending to be from the bank, and ask for information that allows them to access your account. If you receive a one-time passcode you didn’t request, don’t give the passcode to anyone who contacts you for it. Likewise, do not share any information with an unsolicited caller who may be inquiring about out of band authentication information. Scammers may tell you there is an urgent fraud situation to attempt to trick you into quickly acting. Hang up on suspicious calls immediately, even if they appear to be from the bank. Scammers sometimes use technology to “spoof” phone numbers, so it appears the call originates from the bank. If you have any concerns that the call might not be legitimate, call the bank at the number found on your account statement. Scammers may make unusual requests for sending or transferring money. Fraudsters may contact you to pretend to help you with an ongoing fraud situation. To reverse it, they suggest you transfer money “to yourself” when, in fact, the account you transfer money to belongs to the scammer. This could cause you to lose money or even become unknowingly involved in a crime. The bank will never call you to request that you transfer money to yourself or any other third party.

You must notify us immediately if you suspect fraudulent activity on your Eligible Account or if you believe that:

• Your password may have been lost or stolen.
• A Mobile Device you use to access the Service has been lost, stolen, or compromised.
• Someone viewed, downloaded, or deleted electronic records from your Eligible Account without your permission.

To notify us:

• Call 800-981-5474,
• Sign on at the Website and send us an email through your secure online session; or
• Write to Kish Bank PO Box 917, Belleville PA 17004.

In the event of unauthorized use of your username and password, or any other security or authentication technique we use, you may be liable for resulting losses, to the extent permitted by law. Our Online Security Guarantee requires you to fulfill certain responsibilities to invoke the protections it affords in certain instances of unauthorized use of the Service.

 

11. Disclaimers

(a). Disclaimer of Warranties

To the fullest extent permitted by law, we make no warranties of any kind for the Service, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.

We do not warrant that the Service will be uninterrupted or error free, that defects will be corrected, or that our Website that makes the Service available is free of viruses or other harmful components.

(b). Limits on Liability and Obligations

Kish Bank and its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers are not liable for any:

• Consequential (including without limitation, loss of data, files, profit or goodwill, or the costs of procurement of substitute goods or service) damages.
• Indirect damages.
• Incidental damages.
• Special damages.
• Punitive damages.

This is true whether these damages occur in an action under contract, or from negligence or any other theory, arising out of, or in connection with, this Agreement, the Service, or the inability to use the Service.

In addition to reasons such as scheduled system maintenance, damages could arise from circumstances beyond our control, even if we advise you of the possibility of such damages. These circumstances could include (but are not limited to):

• Power outages.
• System failures.
• Fires.
• Floods.
• Natural disasters.
• Extreme weather.
• Pandemic.
• Cyber-attacks, including Denial of Service (DoS).

In states that prohibit the limitation of liability for consequential or incidental damages, the above limitations may not apply.

Except as specifically provided in this Agreement or otherwise required by applicable law, we, our service providers or other agents, also will not be liable for:

• Any loss or liability you may incur resulting wholly or partly from failure or misuse of your equipment or software provided by an external company (such as an Internet browser provider, an Internet access provider, an online service provider or an agent or subcontractor of any of them).
• Any direct, indirect, special or consequential, economic or other damages arising in any way from your access/use/failure to obtain access to the Service. Kish Bank does not make any representation that any content or use of the Service is appropriate or available for use in locations outside of the continental United States, Alaska, or Hawaii.
• We will not be obligated to honor, in whole or in part, any transaction or instruction that:
• Is not in accordance with any term or condition of this Agreement or any other agreement that applies to the relevant Eligible Account.
• We have reason to believe may not be authorized by you or any other person whose authorization we believe necessary.
• We have reason to believe involves funds or other property subject to a hold, dispute, restriction or legal process we believe prevents the transaction or instruction.
• Would violate any applicable provision of any risk control program of the Federal Reserve, the Federal Deposit Insurance Corporation (FDIC), or any applicable rule or regulation of any other federal or state regulatory authority.
• Is not in accordance with any other requirement of our policies, procedures, or practices.
• We have other reasonable cause not to honor for our or your protection.

Kish Bank will not be liable for any failure of availability or performance due to scheduled system maintenance or circumstances beyond our control (such as power outage, computer virus, system failure, fire, flood, earthquake, or extreme weather).

(c). Indemnification

Except where we are liable under the terms of this Agreement or another agreement governing the applicable Eligible Account, you agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorney’s fees) arising from:

• A third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, hies, or other content or materials you submit to us.
• Any fraud, manipulation, or other breach of this Agreement or the Service.
• Your violation of any other applicable laws or rights of a third party, including but not limited to rights of privacy, publicity or other property rights.
• The provision of the Service or use of the Service by you or any third party.

We reserve the right to defend/control (at our own expense) any matter otherwise subject to indemnification by you. In such a case, you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent.

You are providing this indemnification without regard to whether our claim for indemnification is due to the use of the Service by you, your Authorized Representative or your Delegate.

 

12. Notices and Communication

(a). Description

Except as expressly provided otherwise in this Agreement, we will provide notices and other information regarding your Eligible Account, or the Service (collectively “Account-Related Information”) electronically, through the mail or by other means. We will send this information to the postal or electronic address (“E-Address”) of the Owner of the applicable Eligible Account as reflected in our records unless you specify a different postal or E-address.

E-Addresses include email addresses, other Internet addresses, text messaging numbers, or other electronic access addresses provided to us in accordance with this Agreement. Any Account-Related Information will be considered “sent” on the first Business Day following the date on the communication.

Account-Related Information held for pickup or posted on our Website will be deemed to be delivered to/received by you when we make it available for pick-up, display it to you or send notice in accordance with this Agreement that it is posted on our Website. The person receiving the notice must provide copies of all Account-Related Information to all joint Owners, Delegates, or other persons with access to the applicable Eligible Account or Online Financial Service.

We can communicate all Account-Related Information to you through the U.S. Postal Service or overnight courier, at our sole option.

(b). Electronic Delivery

Unless applicable law states otherwise or pursuant to the ESIGN Consent to Use Electronic Records and Signatures, when we need to provide you with information in writing, we can send it electronically, either:

• To your E-Address (if applicable and you have provided us with a valid email address); or
• By posting the information to our Website; or
• To your online banking secure mailbox, or other electronic means.

(c). Phone Calls and Text Messages

When you provide a phone number to us, you agree that you own or are authorized to provide the telephone number to us.

You agree that we may use automatic dialing technology or artificial or prerecorded voice messages to call you or send text messages to you, even if the phone number is registered to a cell phone number or Voice over Internet Protocol service.

You understand and agree we may place calls with informational, servicing, or collections messages about your Account.

To help protect your account security, Kish Bank does not support SMS or MMS functionality for recognized VoIP, prepaid or landline phone numbers. In order to receive text message alerts from Kish Bank, such as one-time passcodes or suspicious card activity alerts, an eligible mobile phone number and device are required. Our calls and text messages to your cell phone number could result in your communication service provider’s charges to you.

(d). Communications Sent At Your Request/On Your Behalf

You authorize us to send emails and text messages to others on your behalf, if needed to carry out your instructions regarding an Eligible Account. You confirm and agree that you have obtained consent from the person who owns or is the current subscriber of the email address or phone number to receive the communication. These communications may identify you by name and may state that we are sending them on your behalf and according to your instructions.

(e). Contact Information Changes

You agree to notify us immediately if you no longer own or you are no longer authorized to use or share your address, E-Address or phone number you previously provided to us. Address changes may be initiated:

• At your request — you can instruct us to change the address or E-Address to which we send notices or Account-Related

Information about your Account at any time.

• If we get an address change notice from the U.S. Postal Service.
• If another party in the business of providing correct address information notifies us that the address in our records no longer corresponds to your address.

We may act on instructions purportedly made on your behalf within a reasonable time after we receive them.

Unless you instruct us otherwise, we may change the U.S. Postal Service address or E-Address only for the account(s) you specify, or for all or some of your other account(s) with us.

Please note, to change the address associated with an employer-sponsored retirement or deferred compensation plan, follow the address-change procedures established by your employer or plan administrator.

(f). Implementation of Notices

Any notice you send us will not be effective until we actually receive it and have a reasonable opportunity to act on it. If your Eligible Account has multiple Owners, we may send Account-Related Information to any one of them.

You assume the risk of loss in the mail or other transit. Any notice or Account-Related Information we send you will be effective when mailed, sent electronically, or otherwise made available to you.

(g). Acknowledgments and Agreements

You agree that:

• We may satisfy our obligation to provide you with an annual copy of our privacy notice by keeping it available for review on our Website.
• We may call you and text you to service your accounts, collect any amount you may owe or discuss our relationship, products and services with you, as described in this Section. If your only relationship with us is as a participant in an employer sponsored retirement or deferred compensation plan, this paragraph will not authorize us to make telephone calls or send text messages to discuss other products or services we offer.
• Information is deemed delivered to you if it is sent electronically as described in this Section.

 

BY CLICKING THE “ACCEPT TERMS” BUTTON RELATING TO THIS AGREEMENT WITHIN ONLINE BANKING, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THAT YOU ACCEPT THIS AGREEMENT WITHOUT MODIFICATION, AND THAT YOU WILL BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT JUST AS IF YOU SIGNED THE AGREEMENT.  YOU AGREE TO THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT AND SUCH TERMS AND CONDITIONS AS MAY BE AMENDED IN THE FUTURE.