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Consumer Online and Mobile Banking Agreement and Bill Payment Service Agreement

 Consumer Online and Mobile Banking Agreement

 

INTRODUCTION

This Agreement and Disclosure for accessing your accounts at Lincoln Federal Savings Bank via Online or Mobile Banking is provided for your information. Please read it carefully as it pertains to your accounts and electronic services we offer.

This agreement is in addition to other agreements between Lincoln Federal Savings Bank and you, including but not limited to, your checking, savings, and other deposit account agreements, loan and line of credit agreements as each may be modified from time to time. If there is a conflict between the terms and conditions of this agreement and one contained in the other agreements between you and us, this agreement will control.

 

1-General Terms

This Consumer Online and Mobile  Banking Agreement ("Agreement") for accessing your Lincoln Federal Savings Bank account(s) using the Internet, explains the terms and conditions governing Lincoln Federal Savings Bank Online and Mobile Banking and other banking services offered through Lincoln Federal Savings Bank (collectively, "Online and Mobile Banking"). By using Online and Mobile Banking you agree to abide by the terms and conditions of this Agreement. The terms "our," "we," "us," refer to Lincoln Federal Savings Bank. "You" refers to each signer on an account. The term "business day" means Monday through Friday, excluding Federal holidays.

The first time you access your Lincoln Federal Savings Bank account(s) through Online or Mobile Banking confirms your agreement to abide by the terms and conditions of this Agreement and acknowledges your receipt and understanding of this disclosure. We may change the terms or amend this Agreement from time to time without notice or as otherwise provided by law. Online or Mobile Banking can be used to access certain Lincoln Federal Savings Bank accounts. Each of your accounts is governed by the applicable account disclosure statement in your Truth in Savings Disclosure, (prior receipt of which you acknowledge).

This Agreement will be governed by, and interpreted in accordance with federal law and regulations and to the extent that there is no applicable federal law or regulations, by the laws of the State of Nebraska. To the extent permitted by applicable law, you agree that any legal action regarding the Agreement shall be brought in the county in which the bank is located.

 

2-Protecting Your Account

Notify us at once if you believe another person has obtained your Online and Mobile Banking Password. Also notify us if someone has transferred or you think someone may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. To notify us, call Lincoln Federal Savings Bank at 800-333-2158 and request to speak to Deposit Services. You may also write to us at:

 

Lincoln Federal Savings Bank

PO Box 80038

Lincoln, NE 68501

 

Consumer Liability

Notify us AT ONCE if you believe your Password has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Communicating by telephone is the best way of keeping your possible losses down. You could lose all the money in your account. If you notify us within two (2) business days after you learn of the loss or theft of your Password you can lose no more than $50 if someone used your Password without your permission.

If you do NOT notify us within two (2) business days after you learn of the loss or theft of your Password, and we can prove we could have prevented someone from using your Password without your permission if you notified us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by card, Password or other means, notify us at once. If you do not notify us within 60 days after the statement was delivered to you via mail or electronically, you may not recover any money you lost after the 60 days if we can prove that we could have prevented someone from taking the money if you had notified us in time. If extenuating circumstances (such as a long trip or a hospital stay) prevented you from notifying us, we will extend the time periods.

 

Security and Preventing Misuse

Lincoln Federal Savings Bank is committed to doing everything possible to secure customer information such that unauthorized parties cannot access it. A number of measures have been taken to secure customer information over the Internet, one of which is the User Name and Password used to authenticate (Log In) to Online and Mobile Banking. Lincoln Federal Savings Bank owns a digital certificate that encrypts customer information while it is transmitted over the Internet and positively identifies the Bank to its customers. Once a session is established on a secure site, the user and the site are in a secured environment. Data traveling between the user and the site is encrypted.

To help maintain security, you should log out and close your browser when you have completed your Online or Mobile Banking session. This will help prevent unauthorized persons from viewing your private account information.

Never share your Password with another person. Keep your Password secret. For your protection we recommend that you change your online banking Password regularly. Do not use numbers that are easily associated with you, such as your telephone number, address or birth date as your Password.

 

3-Preauthorized Payments

Right to Stop Payment

If you have notified us in advance to make regular payments out of your account, you can stop any of these payments.

Call us at 800-333-2158 or write us at Lincoln Federal Savings Bank, PO Box 80038, Lincoln NE 68501, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also request you to put your request in writing and send it to us within 14 days after you call.

Please refer to our Service Fee and Charges document for the amount we will charge you for each stop-payment order you give.

 

Notice of Varying Amounts

If these regular payments vary in amount, 10 days prior to payment, the person or entity will notify you of the date and the amount due. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

 

Liability for Failure to Stop Payment of Preauthorized Transfer

If you order us to stop one of these payments three (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.

 

4-Liability for failure to make transfers

 If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

 

  1. if through no fault of ours, you do not have enough money in your account to make the transfer;
    1.   if the system was not working properly and you knew about the issue when you started the transfer;
  1. If circumstances beyond our control (such as fire, flood, or natural disaster) prevent the transfer despite reasonable precautions and efforts we have taken.

 

5-Accessing Your Lincoln Federal Savings Bank Account(s)

Requirement

To access your account(s) through the Internet, you must have an eligible Lincoln Federal Savings Bank account, enroll in Online and Mobile Banking by agreeing to the Consumer Online and Mobile Banking Agreement and Bill Payment Service Agreement and have an Online and Mobile Banking User Name and Password.

 

New Services

Lincoln Federal Savings Bank may, from time to time, offer and introduce new Online and Mobile Banking services. By using these services when they become available, you agree to be bound by the rules, which will be communicated to you, concerning these services.

 

Fees

There are currently no separate monthly or transaction fees assessed by the Bank for use of Online and Mobile Banking. However, the fees associated with your accounts, as described in the account terms and conditions, account disclosures, and Service Charges and Fees will apply.

 

You may incur fees or charges from others for software, installation or services to provide you Internet access. You agree to be responsible for these charges and any telephone charges incurred, or any charges assessed by your Internet service provider for accessing your accounts through the Internet. The Bank recommends consulting with your wireless provider regarding your plan’s details relating to applicable email, text and data rates.

 

6-Terms and Conditions

The first time you access your Lincoln Federal Savings Bank account(s) through the Internet confirms your agreement to be bound by all of the terms and conditions of this Agreement and acknowledges your receipt and understanding of this disclosure.

Limitation of Liability

Except as specifically provided for in this Agreement or where the law requires a different standard, you agree that neither the Bank nor its affiliates or the Internet service provider shall be responsible for any loss, property damage or bodily injury, whether caused by the Bank, equipment, software, or Internet access providers or any agent or subcontractor of any of the foregoing. Nor shall the Bank, its affiliates or the Internet service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way from the installation, use or maintenance of the equipment, software or Internet browser or access software or anything arising in connection with any party’s use of the service or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or a loss of use related to this service or any service operated by any third party or any contents of this service or any other service.

 

Changes to Fees or Other Terms

We reserve the right to change the fees or other terms described in this Agreement. We will give you reasonable notice in writing or by any other method permitted by law. However, when changes are made to any fees, we will notify you. We will send a notice to you at the address shown on our records except that we can give them to you electronically if you have so consented. All notices will be sent at least thirty (30) days in advance of the effective date of the change, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with written or electronic notice within thirty (30) days in advance of the change. By continuing to use the accounts or services to which these changes relate, you are accepting the changes. Changes to fees applicable to specific accounts are governed by the applicable account disclosure statement.

 

Disclosure of Account Information

See the Lincoln Federal Savings Bank Privacy Notice found on our website home page for information on how personal information may be shared.

 

Other General Terms

In addition to this Agreement you agree to be bound by and will comply with the requirements of the applicable terms and conditions and account disclosure statement, the Bank's rules and regulations, the rules and regulations of any funds transfer system to which the Bank belongs, and all applicable State and Federal laws and regulations. The Bank also agrees to be bound by them. The Bank reserves the right to terminate this Agreement and your access to Online and Mobile Banking in whole or in part, at any time without prior notice.

 

7-Other Information

Balance Inquiries and Transfers

You may use Online and Mobile Banking to check the balance of your accounts and to transfer funds among your accounts. In order to initiate one of these transactions, you must first use your Password to obtain access to Online and Mobile Banking. The balance shown on your computer or device may include deposits still subject to verification by us. The balance shown also may differ from your records because it may not include deposits in progress, outstanding checks, or other withdrawals, or charges. Funds transfer requests may be made 24 hours per day, but may not result in immediate funds availability because of the time required to process the transactions. If there are insufficient available funds in an account from which you are requesting a funds transfer, the transfer will not be initiated. For monetary transfers, the accounts must be linked to the same Online and Mobile Banking User Name and must belong to the same owner or signer of the accounts.

 

Statements

All of your payments and funds transfers made through Online and Mobile Banking will appear on your monthly account statement(s).

Equipment

We are not responsible for any loss, damage or injury resulting from an interruption in your electrical power, mobile service, landline telephone service or internet connection; the disconnecting of your telephone line, mobile phone or from deficiencies in your line or connection quality; or any defect or malfunction of your computer or device, modem, mobile phone telephone line, or any other device you use to connect to the Bank’s online services. We are not responsible for any services relating to your computer or device other than those specified in this Agreement. If any equipment failure occurs in any way Lincoln Federal Savings Bank is not responsible.

 

Business Days/Hours of Operation

Our business days are Monday through Friday, excluding Federal Holidays. Online and Mobile Banking is available 24 hours a day, seven days a week, except during maintenance periods, system or communication disruptions, or modifications.

 

8-Error Resolution Notice

Contact Information

In Case of Errors or Questions About Your Electronic Transactions call us at 800-333-2158 or write to: Lincoln Federal Savings Bank Attention: Deposit Services, PO Box 80038, Lincoln, NE 68501, 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 the FIRST statement on which the problem or error appeared.

  1. Tell us your name and account number.
  2. 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.
  3. Tell us the dollar amount of the suspected error.

If you notify us orally, we may request that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within 10 business days and 20 business days if the transfer involved a new account after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days and 20 business if the transfer involved a new account 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. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will notify you the results within three (3) 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.

Bill Payment Service Agreement

 

1-General

As part of the Lincoln Federal Savings Bank Online and Mobile Banking service, you can schedule payment of your periodic bills. You can arrange for the payment of current, future and recurring bills from your Lincoln Federal Savings Bank checking account. You may pay any merchant or individual approved by Lincoln Federal Savings Bank. By furnishing us with the names of your payees/merchants and their addresses, you authorize us to follow the payment instructions to these payees/merchants that you provide through Online or Mobile Banking. When we receive a payment instruction (for current or future date), we will remit funds to the payee on your behalf, from your designated checking account, on the day you have instructed the payment to be sent (Send date) unless the send date falls on a non-business day in which case it will be sent on the previous business day. However, we shall not be obligated to make any such payment unless your checking account and/or transfer account has sufficient funds to pay an electronic payment prior to the start of the business day on the payment date or has funds available when a check is presented to your account for payment.

 

2-Payment Instructions

In designating a payment, you must provide us with detailed payment instructions. The service will prompt you for needed information. You authorize us to follow your payment instructions and to rely on the accuracy of all information you provide. You may pay up to $5,000 to an individual payee per payment.

We reserve the right to select the method in which to remit funds on your behalf to the designated payee. These payment methods may include, but may not be limited to, an electronic payment or a check payment.

An electronic payment: These payments will be debited from your account prior to the start of the business day of the "send date", unless the "send date" falls on a non-business day in which case funds will be debited prior to the start of the previous business day, and will be electronically forwarded to your payee(s). A check payment: A check in the amount of the payment will be created and sent to your payee(s) on the send date, unless the send date falls on a non-business day in which case it will be sent on the previous business day. Funds remitted by check to the payee are deducted from your account when the check is created for payment.

Business days are Monday through Friday excluding Federal holidays.

 

3-Stop Payment Requests

The ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. If you desire to stop payment on a check that has already been processed, you must contact us at 800-333-2158, or write us at Lincoln Federal Savings Bank, PO Box 80038, Lincoln, NE 68501. Although we will make every effort to accommodate your request, we may not have a reasonable opportunity to act on the request after a payment has been processed. If you call, we may also require you to put your request in writing and get it to us within 14 calendar days after you call.

Please refer to our separate Service Charges and Fee document for the amount we will charge you for each stop payment order you give.

 

4-Confidentiality

 

We will disclose information to third parties about your account or the transfers you make:

 

  1. where it is necessary for completing transfers; or
  2. in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  3. in order to comply with government agency or court orders; or
  4. as explained in the separate Privacy Disclosure.

 

5-Protecting Your Account/ Unauthorized Transactions

 Electronic Payments for Consumers

You are responsible for controlling the safekeeping of and access to your Bill Payment information. Notify us AT ONCE if you believe your Password has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you notify us within two (2) business days after you learn of the loss of your Password, you can lose no more than $50 if someone used your Password without your permission.

If you do NOT notify us within two (2) business days after you learn of the loss of your Password, and we can prove we could have prevented someone from using your Password without your permission if you had notified us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by card, code or other means, notify us at once. If you do not notify us within 60 days after the statement was mailed to you, you may not recover any money you lost after the 60 days if we can prove that we could have prevented someone from taking the money if you had notified us in time. If extenuating circumstances (such as a long trip or a hospital stay) prevented you from notifying us, we will extend the time periods.

 

6-Error Resolution for Consumers

In case of errors or questions about your electronic transfers telephone us at 800-333-2158 or write us at Lincoln Federal Savings Bank, PO Box 80038, Lincoln NE 68501, as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. You must notify us no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  1. Tell us your name and account number.
  2. 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.
  3. Tell us the dollar amount of the suspected error.

 If you notify us orally, we may request that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

 

Check Payments

Bill payments sent by check will not be considered an electronic transfer and will be governed the same as all checks written on your account. See the Terms and Conditions and other disclosures of your account for more information. You can also request a copy by calling Deposit Services at 800-333-2158 or write us at Lincoln Federal Savings Bank at PO Box 80038, Lincoln NE 68501.

 

7-Liability

Lincoln Federal Savings Bank shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees. In addition, Lincoln Federal Savings Bank will not be liable if any third party through whom any bill payment is made fails to properly transmit the payment to the intended payee. Lincoln Federal Savings Bank will not be liable for delays or losses of payments caused by the U.S. Postal Service or other delivery service. We will not be liable if there is insufficient funds availability in your designated payment account and/or transfer account; if a legal order directs us to prohibit withdrawals from the payment account; if the payment account is closed or frozen; or if any part of the electronic funds transfer system is not functioning properly. Lincoln Federal Savings Bank will not be liable for bill payments not completed due to circumstances beyond our control (including but not limited to fire, telecommunication outages, strikes, or natural disasters). Lincoln Federal Savings Bank will not be liable for indirect, special, or consequential damages arising out of the use of Bill Payment. Lincoln Federal Savings Bank will not be liable if a payee will not accept payments made through Bill Payment.

 

8-Fees

There are currently no separate monthly or transaction fees assessed by the Bank for use of the Bill Payment service. However, fees may be assessed due to special requests made by you. This includes but is not limited to requests for photocopies of checks and stop payments. See separate Service Charges and Fee document for specific fees associated with your account(s). If the payment account has insufficient funds to cover any applicable fees, the Bank may deduct the fee from any other transaction account linked to Online and Mobile Banking. If the fee cannot be paid, we may cancel your Bill Payment service.

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9-Termination

Lincoln Federal Savings Bank reserves the right to terminate your use of Bill Payment at any time without prior notice.