Online Banking Agreement

OZARK BANK INTERNET BANKING FEES

FREE Personal and Business Internet Banking. Unlimited access includes viewing account balances, access history, transfer funds, view cancelled checks, stop payments, and download transaction history.

FREE Personal and Business Bill Pay. Unlimited payees and payments.

INTERNET BANKING TERMS AND CONDITIONS

These Terms and Conditions, along with the Guides, as may be amended or replaced, are the agreement ("Agreement") that governs your use of Ozark Bank's Internet Banking Service ("Service"). "Guides" means any user guides, Help files, software or other instructions, including those online, relating to the Service. The Terms and Conditions also contain important disclosures relating to electronic fund transfers made through the Service. "Internet Banking" is online banking conducted via the Ozark Bank website. By subscribing to the Service or using the Service to access Account information, or to make any transfer between Accounts, you agree to the Terms of this Agreement. Access to Account information or transfers between Accounts are referred to as "Transactions." By using any new services that are made available, you agree to be bound by any Terms and Conditions that we communicate to you concerning those services.

"Account(s)" mean the checking, loans, certificate of deposits, regular savings or savings with limited check writing privileges (money market type) accounts with us. You must have an Ozark Bank Account relationship to enroll in the Service. "Deposit Account(s)" mean Accounts that you designate for the deduction of service charges and other fees related to the Service. In our sole discretion, we may refuse to include, or may exclude from continued use, an Account in the Service. The words "we", "us" and "our" refer to Ozark Bank, the bank which holds the Accounts accessed by the Service. The words "you" and "your" refer to each person subscribing to the Service and each person who uses the Service with the permission of the subscriber.

"Business Days" are Monday through Friday. Federal Reserve holidays are not included. You can use the Service on the days and during the hours specified in the Guides, except during maintenance periods. However, we can process Transactions only on Business Days. "Banking Day" means that part of any Business Day on which we are open to the public for carrying on substantially all of our banking functions.

Much of our relationship with you is regulated by State and Federal Law, including the Uniform Commercial Code, and regulations of the Federal Reserve System, and other regulatory agencies and clearinghouse associations. These laws and regulations, as well as the terms of the Agreement, may change from time to time without notice to you unless required by law. Your continued use of the Service following receipt of the Agreement or notice of a change is considered acceptance of the Agreement or change. The agreements that apply to your Accounts with us, including, but not limited to, the Deposit Agreement, Funds Availability Policy and fee schedules, apply to all Transactions made on the Accounts through the Service.

Information Authorization. You agree that we may obtain and review your credit bureau report, from time to time. We may obtain information regarding your accounts with Payees in order to facilitate proper handling and crediting of your payments. You authorize us to provide updated customer information, including, but not limited to, name, address, telephone numbers and e-mail addresses to your Payees.

We encourage you to keep this Agreement for your records. If you have any questions, ask your Ozark Banker.

YOUR PASSWORD

The Password is for your use and protection. You agree to: (a)change your password no less than every180 days as required (b) not discuss the Password, or other means to access the Service or your Accounts, or otherwise make it available to anyone else; (c) use the Password as instructed in the Guides; (d) immediately notify us of any loss or theft of the Password; and (e) be liable for the Password and for its authorized use and for its unauthorized use as described in this Agreement. Unless you notify us as provided in this Agreement, you acknowledge that we are entitled to rely on the use of your Password as your authorization for any Transaction through the Service. You are responsible for all Transactions you initiate or authorize using the Service. If you permit any other person to use the Service or your Password, you will have authorized that person to access your Accounts and you are responsible for any Transaction that person initiates or authorizes from your Accounts.

We reserve the right to implement additional security procedures, such as limiting the frequency and dollar amount of Transactions from your Accounts for security reasons.

TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT OF UNAUTHORIZED TRANSACTIONS OR STOP PAYMENTS

Tell us AT ONCE if your Password, or other means to access the Service or your Accounts, has been lost or stolen. If you believe your Password is subject to unauthorized use or that someone has transferred or may transfer money from your Account without your permission, call or write us at the telephone number and address listed below:

Ozark Bank
Internet Banking Customer Service
P.O. Box 220
Ozark, MO 65721
1-417-581-2321

TYPES OF AVAILABLE TRANSACTIONS AND LIMITS ON TRANSACTIONS

Internet Account Access. Upon request, you may use the Service to:

  • Obtain account balances and transaction information, including access to your periodic statements, for your Accounts.
  • Transfer funds between your Ozark Bank Accounts.
    Transfer requests made on a "Business Day" will post the same day. Requests for transfers on non-Business Days will post to the accounts the following Business day.
  • If you have Adobe® Reader® software, you can view and download imaged copies of your periodic statements, checks, deposit slips (not deposited items) and any internal debits or credits.
  • Make loan payments for your Ozark Bank loan accounts.
  • Place "Stop Payment" orders for unpaid transactions. Since you have signed into our secure banking system your stop payment order will be real time and our processing system will be immediately updated (we will charge you our then current stop payment fee). We shall have a reasonable opportunity to act before the stop payment order, renewal or termination is effective. We may honor a stop payment order on an Account by any account holder or authorized signer, regardless of who initiated the payment. A written/electronic stop payment order will remain in effect for a minimum of 180 days from the effective date. If you wish to renew or terminate a stop payment order, you must do so in writing to us. A stop payment order may be terminated only by the account holder. Stop Payments are searched via high speed computer strictly according to the information you provide and any misinformation and/or missing information such as account number, exact amount, check number and payee will result in this check being paid. You agree to indemnify Ozark Bank from any and all liability if this check is paid inadvertently due to misinformation supplied by you or due to Electronic Transmission failure.
  • Download account activity to software packages. Account activity can be downloaded in various formats to allow for easy import into Money or other applications such as spreadsheets or word processors.

Internet Banking

  • A request to transfer funds between Accounts will result in an immediate transfer. If there are not available funds in the Deposit Account from which a transfer is being made at the time the transfer is processed, the transfer will be canceled. Transfers may be scheduled for future dates, so long as there are available funds at the time of the transfer.
  • Send electronic mail (e-mail) to us and receive e-mail from us. We may not immediately receive e-mail that you send. We will have a reasonable opportunity to act before taking action on your e-mail request. You cannot use e-mail to make:
    • funds transfer,
    • stop payments,
    • a report of unauthorized use of your Password; or
    • a report of unauthorized Transactions.
    You must notify us by calling or writing us at the telephone number or address for Internet Banking Customer Service provided in this Agreement.

Funds Availability. Funds are available for transfers in accordance with our Funds Availability Policy.

Limitation on Dollar Amount and Frequency of Transactions. Subject to available Deposit Account balances, funds transfers can be made for any available amount. There are no limitations on the number of Transactions that can be made during any time period to or from any account, except as provided by federal regulations limiting preauthorized transfers. By federal regulation, you are limited during any statement cycle to six preauthorized or automatic transfers (three of which may be by check, draft or similar order) if the Account is a savings or a savings with limited check writing privileges (money market type) account.

Online Bill Payment Service Terms and Conditions

Fees

Bill Payment Services

Personal & Business Accounts-FREE!

If you designate additional checking accounts for the Bill Payment Service, the same fee structure will apply to each additional account.

Designated Bill Pay Account

Make payments from any of your checking accounts that you designate as your bill payment account. You may designate more than one checking account, however all accounts will be subject to the fee schedule currently in effect for Bill Payment Services.

Payment Methods

Payment methods include Electronic Fund Transfer Payments ("EFT Payments"), Person to Person ("P2P" Transfers), Account to Account ("Interbank" Transfers), and paper check payments.


EFT Payments EFT Payments will be processed and debited from your bill payment account on the payment date you selected. Please allow up to 4 business days for your Payee to receive the EFT payment.

Check Payments Check payments will be processed, debited from your bill payment account and a paper check mailed on the payment date you selected. Please allow up to 7 business days for your Payee to receive the paper check.
Rush payments, gift checks, and charity checks are drawn off the Subscriber's account. The Subscriber's checking account information is printed on the check. The funds are debited from the Subscriber's account when the check is cashed.

Person to Person ("P2P") Person to Person payments requires the Payee's first and last name, email address, Subscriber created Nickname, and the Pay From account. You must designate and communicate a keyword to the Payee. The Payee will be required to enter this as a measure of security which will then prompt them to enter their receiving bank account information.
The Payee is activated by a one-time system generated code. You will be unable to schedule a payment until the activation process is complete. The activation code is specific to each Subscriber and will expire if the Subscriber requests a new code for the Payee or ends the bill pay session. The Subscriber will be unable to select a delivery method if their information has been changed with the last 30 days.
The Subscriber must select a "Preferred Delivery Method" (Phone, Email or Text) to receive the activation code.
The Payee has nine calendar days to enter their keyword and account information after which time the payment will be cancelled.

Account to Account ("Interbank") Account to Account payments require the Payee's first and last name, phone number, receiving account number, receiving bank's routing number, account type (e.g. checking or savings), Subscriber created Nickname, and select the Pay From account.

Payment Scheduling A "Scheduled Payment" is a payment that has been scheduled by you through the Bill Payment Service but has not begun processing. You must specify the date by which you want the Bill Payment Service to originate your payment. Please allow up to 4 business days for your Payee to receive an electronic payment and allow up to 7 business days for your Payee to receive a paper check payment.
Payments may be scheduled as a 'one time' payment or as a 'recurring' payment. The system will calculate the Estimated Arrival Date of your payment. This is only an estimate, so please allow ample time for your payments to reach your "Payees".

One-Time Payments - A one-time payment will be processed on the business day (generally Monday through Friday, except federal holidays) that you designate as the payment's processing date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is determined by Ozark Bank, is currently 3:00PM.
  • A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and federal holidays) as the payment's processing date, the payment will be processed on the first business day following the designated processing date.


Recurring Payments - When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a processing date is calculated for the next occurrence of the payment. If the calculated processing date is a non-business date (generally weekends and federal holidays), it is adjusted based upon the following rules:
  • If the recurring payment's "Pay Before" option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date prior to the calculated processing date.
  • If the recurring payment's "Pay After" option is selected, the processing date for the new occurrence of the payment is adjusted to the first business date after the calculated processing date.
Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated processing date, then the last calendar day of that month is used as the calculated processing date.
It is your responsibility to schedule timely payments. It is your responsibility to include payment instructions in such a manner that your Payee can identify your account and that your bills are paid on time. You are responsible for any late payment charge, finance charge, penalty or default that may result from your failure to transmit payment instructions.

Payment Instruction Payment instructions are information provided by you to the Bill Payment Service. This information may include: Payee name; Payee account number; scheduled payment date; payment amount; and memo information.

Payment Authorization and Payment Remittance By providing the Bill Payment Service with names and account information of Payees to whom you wish to direct payments, you authorize Ozark Bank and iPay to follow the Payment Instructions that are received through the payment system. You also authorize Ozark Bank to debit your designated checking account and remit funds on your behalf.

Prohibited Payments Payments to Payees outside the United States are prohibited. In addition, you may not make a payment of alimony, maintenance, child support, taxes, or other governmental fees or court-directed payments through the Bill Payment Service. In no event shall Ozark Bank be liable for any claims or damages resulting from you scheduling Prohibited Payments. All research and resolution for any misapplied, unposted or misdirected payments will be your sole responsibility.

Payee Limitation While most Payees can be reached through the Service, we reserve the right to refuse to allow you to designate any particular Payee or classes of Payees. We will notify you if we decide to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a Prohibited Payment.

Service Guarantee Due to circumstances beyond our control, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your Payee. Ozark Bank will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date, as long as the payment was scheduled in accordance with the section entitled Payment Scheduling in the Agreement. You agree to notify us promptly if you receive notice from a Payee that a payment you made using the Bill Payment Service has not been completed or remains unpaid. We will not be liable to you for any damages to the extent that your failure or delay in notifying us that a bill payment was not made prevents us from avoiding or alleviating such damages.

Returned Payments We will not be liable to you if a Payee cannot or will not accept a payment made through the Bill Payment Service. You understand that Payees, the United States Postal Service and/or other mail or delivery services may return payments to Ozark Bank or iPay for various reasons such as, but not limited to: Payee's forwarding address expired; your account number with Payee is not valid; Payee is unable to locate your account; or your account with Payee is paid in full. Returned payments that were previously debited from your account will be credited back to that account.

Stop Payments Stopping the payment of a check is different from the cancellation of a bill payment. Once an electronic payment has been processed and the funds have been debited from your account, you CANNOT cancel or stop the bill payment. Check payments can be stopped until they are presented at iPay's check clearing financial institution.

Changing or Canceling a Scheduled Payment A bill payment can be changed or cancelled any time prior to the cutoff time on the scheduled processing date.

Insufficient Funds Payments are verified for funds availability during processing. If the funds are available, the account that you selected for the payment will be debited and the information sent on to iPay for processing. If the funds are not available, 3 additional attempts will be made during each subsequent processing time 8:00AM and 2:00PM), after which the payment will be cancelled.

Available Funds Payments will be paid against your available balance, which may include any available overdraft protection balance, ready reserve balance, or other deposit accounts you have authorized to be used for overdraft protection. If your available balance is not sufficient to cover the electronic payment, an overdraft fee may apply.2

BANK'S LIABILITY FOR FAILURE TO MAKE TRANSFERS OR PAYMENTS If we do not complete a Transaction to or from your Payment Account on time or in the correct amount according to this Agreement, we will be liable for your actual losses, if any, as provided by applicable laws and regulations. However, there are some exceptions. Ozark Bank will not be liable for any fees, including but not limited to, any fees related to items returned because of insufficient funds, overdraft fees, late fees, penalties, additional interest or any other fees assessed by Ozark Bank or any other financial institution, and any Service Guarantee shall be void if we are unable to complete a Scheduled Payment or other Transaction if for example, but without limitation,
  • Through no fault of ours, you do not have enough available funds in your Account to complete a Transaction on that Account.
  • You have not properly followed the Guides or the Agreement for using the Service, or if your computer, software, related equipment, electrical power or telephone service fails or malfunctions.
  • The Payee information necessary to complete the payment stored on your PC's hard drive and/or the host has been lost.
  • You do not authorize a payment soon enough for your payment to be received by the Payee by the Due Date.
  • Withdrawals from any of your Accounts have been prohibited by a court order such as a garnishment or other legal process, or the Account is in dispute or restricted for any other reason.
  • The Service, payment processing center or your equipment was not working properly and either the breakdown was apparent, you knew about the breakdown, or we had advised you about the breakdown when you started the Transaction.
  • A Payee does not accept, mishandles or delays in handling payments.
  • You have not provided the correct and complete Payment Account information, Payee name, address, telephone number, account information or payment amount.
  • Circumstances beyond our control, including, without limitation, fire, casualty, breakdown in equipment or failure of telecommunications or data processing services, sabotage, labor shortage, lockout, strike, unavoidable accident, acts of God, riot, war or the enactment, issuance or operation of any adverse governmental law, ruling, regulation, order or decree, or an emergency or catastrophe that prevents or materially interferes with the Bank's normal operations, prevents us from the processing of any Transaction or performance of the Service.
  • Delays or losses of payments caused by the U.S. Postal Service or other commercial delivery service.
  • There may be other exceptions stated in our Agreement with you.

CHARGES FOR TRANSACTIONS OR RIGHT TO MAKE TRANSACTIONS

Internet Banking: FREE Personal and Business Internet Banking. Unlimited access includes viewing account balances, access history, transfer funds, view cancelled checks, stop payments, and download transaction history.

Bill Pay:

Personal & Business accounts-free.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

We will disclose information to third parties about your Account or Transactions you make:

  • When it is necessary for completing Transactions or activating additional services; or
  • In order to verify the existence and condition of your Account for a third party, such as a credit bureau, merchant, Payee or holder of a check issued through the Service; or
  • In order to comply with government agency or court orders; or
  • In accordance with our current Privacy Policy Notice

RIGHT TO RECEIVE DOCUMENTATION OF TRANSACTIONS

Periodic Statement. You will receive a monthly Account statement if you have an Account upon which checks may be drawn. You will receive a monthly transcript statement on your regular savings account if there are ACH or ATM Transactions during the month. In any case, you will receive a quarterly savings statement.

LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTIES

If the Service is not available due to malfunction of the system or circumstances beyond our control, you agree to access accounts and pay bills by other means such as a bank branch, ATM, telephone, check, credit or debit card. Customer Service will assist you with these alternate means. We shall not be liable for any expenses you incur as a result of using alternate means of access or payments.

Disclaimer of Warranty and Limitation of Liability – We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the SYSTEM Services provided to you under this Agreement. We do not and cannot warrant the SYSTEM will operate without errors, or that any or all SYSTEM Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to the SYSTEM, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, except as otherwise provided by law, in no event shall the liability of Ozark Bank and its affiliates exceed the amounts paid by you for the services provided to you through the SYSTEM.

YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS

Tell us AT ONCE if you believe there has been an unauthorized transaction from your Account or if you discover your Password or other means of access to the Service or your Accounts has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account plus your maximum overdraft line of credit. If you tell us within two (2) Business Days, you can lose no more than $50 if someone deposited, withdrew or transferred funds without your permission. If you do NOT tell us within two (2) Business Days and we can prove we could have stopped someone from transferring funds without your permission if you had told us, you could lose as much as $500. Also, if your Account statement shows Transactions that you did not authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

ERROR RESOLUTION PROCEDURES

In cases of errors or questions about your electronic Transactions (refer to your Cardholder Agreement for procedures relating to errors or questions regarding your Accounts):

Call us or write us at the phone number or address listed in this Agreement as soon as you can, if you think your statement is wrong or if you need more information about a Transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared or no later than 60 days after we send the e-mail notification that the FIRST statement on which the problem or error appeared was available online.

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

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

Generally, 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 calendar days to investigate your complaint or question. If we decide to do this, we will provisionally recredit 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 recredit your Account. If notice of an error involves a new account, the applicable time period for acting shall be 90 calendar days in place of 45 days. For new accounts we may take up to 20 business days to credit your account for the amount you think is in error.

If we decide that there was no error, we will send you a written explanation within 3 Business Days after we finish our investigation and will revoke any provisional credit to you Account. You may ask for copies of documents that we used in our investigation.

INTERNET CONNECTION

You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. We shall not be responsible for any adverse consequences whatsoever of your connection to or use of the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.

TERMINATION OF THIS AGREEMENT

You may terminate your use of the Service at any time by calling or writing Internet Banking Customer Service at the telephone number or address provided in this Agreement. We may terminate your use of the Service, in whole or in part, at any time without prior notice. If you terminate the Service, you authorize us to continue making transfers you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice, not to be less than five (5) Business Days after oral or written notice is received by Customer Service. Once we have acted upon your termination notice, we will make no further transfers from your Account. If we terminate your use of the Service, we reserve the right to make no further transfers from your Accounts. Termination will not affect your liability or obligations under the Agreement.

NOTICES

Except as otherwise provided in the Agreement, all notices required to be sent to you will be effective when we mail or deliver them to your last known mail or e-mail address that we have for you in our records. You agree that we may send or provide by electronic communication any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic messages sent to you and will not attempt to avoid receiving any messages. You are deemed to have received any electronic messages sent to you when they are made available to you. Except as otherwise provided in this agreement, any notice that you send to us must be mailed to the address listed in this Agreement. Such notice is effective when it is actually received by us and we have had a reasonable opportunity to act, not to be less than five (5) Business Days. We may, in our sole discretion, act upon verbal notice from you except with respect to oral

stop payment notices.

AMENDMENTS

This Agreement may be amended from time to time. Unless otherwise required by law, we may amend the Agreement by posting a notice on our website, sending you a copy or a message on your periodic statement, or sending an electronic communication. Your continued use of the Service after the effective date of any amendment, or after a reasonable time not to exceed ten (10) calendar days, if no such date is stated, will constitute your acceptance of the terms of the amendment. We may, from time to time, revise or update the Service or Guides, which may render all prior versions obsolete. We reserve the right to terminate this Agreement as to all such prior version and limit access to only the most recent revisions and updates.

ASSIGNMENT

You may not assign the Agreement to any other party. We may assign the Agreement or delegate any or all of our rights and responsibilities under the Agreement to independent contractors or other third parties.

NO WAIVER

No delay or omission by us in exercising any rights or remedies under the Agreement shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of any other right or remedy. No waiver shall be valid unless signed in writing by us.

CAPTIONS

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

ENTIRE AGREEMENT

The Agreement is the complete and exclusive agreement between you and us relating to the Service, which supersedes any prior agreement, oral or written, and any other communications between you and us related to the Service. If there is a conflict between what our employee or employee of a third party to whom we have delegated any of our rights and responsibilities under this Agreement, the terms of this Agreement shall control. In the event of a conflict between the Agreement and the Guides, or any other agreements or disclosures relating to your Accounts, the Agreement shall control.

GOVERNING LAW

This agreement shall be governed by the laws of the State of Missouri, without regard to its conflicts of laws provision.

Ozark Bank Mobile Deposit Terms & Conditions

Description:

The remote deposit capture services ("Mobile Deposit" or "Services") are designed to allow you to make deposits to your checking, money market checking or savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank's designated processor. The device must capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment.

Hardware and Software requirements:

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

Deposit Limits:

The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits. Our current daily total mobile deposit limit is $10,000 per day, and $100,000 per month. The maximum number of check per day that can be submitted through the Mobile Deposit system is 50 per day, and 200 per month.

Endorsements and Procedures:

You agree to restrictively endorse any item transmitted through the Services as "FOR MOBILE DEPOSIT ONLY, Ozark Bank account #____" or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using the Services.

Ineligible items:

Cash and coins are not accepted through Mobile Deposit. You may deposit checks only through Mobile Deposit; however, the following types are not accepted:

  • Checks that are not payable in US Dollars
  • Checks that are not drawn on a branch within the US borders
  • Substitute checks or IRDs
  • Third Party Checks
Check requirements (including image quality):

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

Transmission Deadlines:

Mobile deposits initiated before 3:00 p.m. Central Time on a business day are posted to customer’s account the next business day, subject to funds availability. In the event that we receive an image item from you after 3:00 p.m. Central Time, or on a day that is not a business day, the Mobile Deposit is considered as received by us at the opening of the next business day. For the Mobile Deposit program a business day is describe as Monday through Friday, except for holidays observed by the Federal Reserve System. You are responsible for understanding and building into your transmission schedule the changes in transmission windows required by time changes associated with Daylight Savings Time.

Rejection of deposits:

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

Presenting checks more than once:

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

Eligibility:

Certain eligibility requirements will be considered for initial enrollment, and ongoing activity monitoring will be performed for continued enrollment in the Mobile Deposit Services including, but not limited to: account history of excessive or repeated returned items, repeated violations of mobile deposit limits, duplicate check presentment, incorrect check endorsement, poor image quality, and attempts to deposit ineligible items. Access to the Services may be revoked at any time.

Unpaid checks:

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

Duty to report errors:

The Bank will provide you with periodic statements that will identify the deposits that you make through the Service. In addition, you may access the Bank’s Online Banking service for information about your deposits, return items, deposit adjustments, Checks and other transactions on your accounts. You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Bank and are accurate. Receipt of a Check by the Bank through the Service does not constitute an acknowledgement by the Bank that the Check is error-free or that we will be liable for the Check. You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Bank Account Agreement. You may notify us by e-mailing us at remotedeposit@ozarkbank.com, or writing to Ozark Bank Attention: Deposit Operations P.O. Box 220, Ozark, MO 65721 or telephoning us at (417)581-2321. You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and your Bank Account Agreement shall relieve the Bank of any liability for such error, omission or discrepancy.

Availability of service/Contingency:

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

Storage, security and destruction/disposal of the checks:

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

Your Authentication method:

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

Data security:

You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at (417)581-2321 and with written notice at Ozark Bank Attention: Deposit Operations P.O. Box 220, Ozark, MO 65721 if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.

Use of Services:

As a condition to using the services, you agree that you are solely responsible for the use of the Services and that you will use the Services in accordance with this agreement. You agree not to attempt to circumvent the security features of the services or the system or make any improper or unauthorized transfer of funds from accounts via the services or the system. You agree that you are prohibited from engaging in conduct that would violate the proprietary rights of the owner(s) of the system and the services as well as accessing or using the system or the services in any other unauthorized manner. You agree to be liable to the Bank and its vendors, for any claims, losses, liabilities, damages, expenses or costs arising as a result of the negligent or intentional misuse of the services or the system by you or your authorized users.

You are prohibited from using the services for any activity that:
  1. Would result in you being or becoming a “money service business” as defined in the Bank Secrecy Act and its implementing regulations;
  2. Knowingly accepting restricted transactions in connection with another person in unlawful Internet gambling as defined in the Unlawful Internet Gambling Enforcement Act and Regulation GG (Prohibition on Funding of Unlawful Internet Gambling); or
  3. Directly or indirectly related to the use of the services that is illegal or fraudulent.

Cooperation with Investigations:

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

Your use of the services constitutes your acceptance of this agreement. Ozark Bank reserves the right to change the terms for the services described in this agreement by notifying you of such change in writing and we may amend, modify, add to, or delete from this agreement from time to time. Your continued use of the services will indicate your acceptance of the revised agreement.

MEMBER FDIC
Effective 4/1/2003
Rev. 03/31/2021


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