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KleiNet Sign Up for KleiNet Online ONLINE ACCESS AGREEMENT The following document represents the terms and conditions of the KleiNet online banking program. By selecting one of the boxes below you acknowledge that you agree/disagree to these terms and conditions. It is recommended that you print this document for your records. Agreement: This Online Access Agreement (“Agreement”) contains the terms that govern your use of the KleiNet banking application services. You may use KleiNet to access your accounts through the Internet. By using KleiNet to access an account you are agreeing to the terms of this Agreement. Examples of accounts that you may elect to access include deposit accounts, loans, and investment products. Your accounts will continue to be subject to the agreements otherwise governing them, except where it is noted in this agreement. Additionally, each account will be subject to the following:
You may access an account at the KleinBank website at http://www.kleinbank.com ("Website") to obtain balances, transaction history and other information. To access an account you must have a password and the required hardware and software. Subject to the terms of this Agreement, you will generally be able to access your accounts through the Website seven days a week, 24 hours a day. At certain times, a Service may not be available due to system maintenance or circumstances beyond our control. During these times, you may use KleinLine or any automated teller machine (ATM). Electronic Mail (E-mail): One way of communicating with us is by sending an e-Mail. Our website, and KleiNet has provided e-Mail forms for you to ask questions about your account(s) or give comments on the Service. To ensure the security of your account information, we recommend that you don’t indicate any specific account numbers in your comments. You cannot use e-Mail to initiate transactions on your accounts. For transactions, please use the appropriate functions within KleiNet, or call 1-877-553-4638. Online Financial Services: With respect to your accounts, services offered include obtaining balance information, transaction history and other information. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous business day. KleinBank may, from time to time, introduce new Online Financial Services. When this happens we will update our Website to include them. By using an Online Financial Service (“Service”), you agree to be bound by the terms contained in this Agreement at that time. Stop Pay Services: In Requesting a Stop Payment through KleiNet, requests to stop only checking account checks will be allowed, you agree to hold the bank harmless for all expenses and costs incurred by you and the bank on account of refusing payment thereof. You further agree not to hold the bank liable if payment occurs contrary to this request if the same occurs through inadvertence, accident or oversight, or if by reason of such payment other items drawn on the account are returned insufficient. You understand that this Stop Payment Order expires 180 days from date of issue unless renewed in writing. You understand that your signature may be required if you choose to release this Stop Payment Order. Bill Pay Service: A. DESCRIPTION OF THE BILL PAY SERVICE. The KleiNet Bill Pay Service (“Bill Pay Service”) allows you to schedule bill payments. You can arrange, at your option, for the payment of your current, future and recurring bills from your checking account (“Bill Pay Account”) up to $25,000 per payment. Accounts that require two or more signatures to withdraw or transfer funds may not be used as a Bill Pay Account. There is no limit to the number of payments that may be authorized. You may pay almost anyone through the Bill Pay Service. We are unable to process any payments to federal, state, or local tax agencies, collection agencies, payees outside of the United States or for court ordered payments. By furnishing us with the names of your payees and their addresses, you authorize us to follow the payment instructions to these payees that you provide us via the Bill Pay Service. In some instances, we may submit payments to the best known payee address. When necessary, we will reformat your payee account number to match the format required by your payee for electronic payment processing. The date the payment is to be sent is called the "Payment Date". When we receive a payment instruction (for the current or a future date), we will remit funds to the payee on your behalf from the funds in your Bill Pay Account on the Payment Date. We will not be obligated to make a payment unless your Bill Pay Account and/or linked overdraft protection plan has sufficient funds or credit availability to pay the bill on the Payment Date. Funds for ALL bill payments (whether we make these payments electronically or by check) will be withdrawn from your Bill Pay Account on the scheduled Payment Date. B. NO DUTY TO MONITOR PAYMENTS. We do not have any duty to monitor the payments that are made through the Bill Pay Service. If you are a business and an authorized representative of yours uses your Bill Pay Account to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with such use. C. STOP OR CHANGE INSTRUCTIONS. You have the right to stop or change any scheduled bill payment. However, you must cancel a payment by no later than 11:59 PM (Central Time), the business day before the Payment Date, by altering the payment date on the Bill Payment screen, or by calling the KleiNet CSR at 1-877-553-4638. If the payment date is on a weekend or holiday, the stop payment must be initiated no later than 11:59 PM (Central Time), 2 business days prior to the payment date. You may only change a payment scheduled for Today during the session when you first entered it. If you want to change the Payee for a scheduled payment, you must first delete the payment and then schedule a new payment to a different payee. D. SCHEDULING PAYMENTS. There will be a delay between the Payment Date (the date your payment is sent) and the date the payee receives that payment. Any payments made through the Bill Pay Service require sufficient time for your payee to receive your payment and credit your account properly. To avoid incurring a finance or other charge, you must schedule a payment sufficiently in advance of the due date of your payment. When you schedule payments, YOU MUST SCHEDULE THE PAYMENT IN ACCORDANCE WITH THE PAYMENT INSTRUCTIONS THAT ARE DISPLAYED ON THE PAYMENT SCREENS. The Payment Date must be at least 5 business days prior to the date the payment is due at the payee for check payments and at least 2 business days prior to the date the payment is due at the payee for electronic payments. Future payments must be scheduled before 11:59 p.m. (Central Time) to be processed on that date. Same day payments must be scheduled before 11:59 a.m. (Central Time) the following business day. E. PAYMENT GUARANTEE. If a properly scheduled payment is not received and posted on time by the payee, we will attempt to have any late fees or assessed finance charges removed. If the merchant is unwilling or unable to remove them, the fees and finance charges will be paid directly to the merchant. Your account will be noted appropriately to ensure that the situation does not negatively impact your credit rating. The Payment Guarantee applies to late fees and/or finance charges associated with the late posting of a payment, provided that the following conditions are met:
F. BANK ERRORS. We will be liable to you if we fail to stop a payment pursuant to your order to do so, so long as your order describes the payment with reasonable certainty and is received at a time and in a manner that affords us a reasonable opportunity to act on it before the payment is sent. Except as stated in this Agreement, any stop payment provisions of the agreement otherwise governing your account that is applicable to checks will also apply to the Bill Pay Service. We will 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, we will not be liable if any third party through whom any bill payment is to be made fails to properly transmit the payment to the intended payee. We will also not be liable if there are insufficient available funds or credit availability in your Bill Pay Account and/or overdraft protection plan; if a legal order directs us to prohibit withdrawals from the Bill Pay Account; if the Bill Pay Account is closed or frozen; or if any part of the electronic funds transfer system is not working properly. We will not be liable for indirect, special, or consequential damages arising out of the use of the Bill Pay Service. G. BILL PAY ACCOUNTS ACCESSIBLE BY MORE THAN ONE PERSON. If a Bill Pay Account is owned by more than one person or is accessible by one or more authorized representative, each such owner or authorized representative may access the Bill Pay Service. Each person needs a unique password. The terms of this Agreement will apply to each person. Each person may choose to share the same payee list. Any person may terminate his/her use of the Bill Pay Service without affecting the Bill Pay Service of any other person using that Bill Pay Account. Any person may also terminate the Bill Pay Service for the Bill Pay Account, which will terminate the Bill Pay Service of all persons tied to that Bill Pay Account. Linked Eligible Accounts: All accounts will be linked by means of the Portfolio Code / Name Line code of the person who is authorized to access the account. Accounts that are linked together will appear together without regard to the ownership of those accounts. Authorized Representatives for Business Accounts: If you are a business, any authorized representative of your business is authorized on such terms, conditions, and agreements as we may from time to time require to enter into this Agreement, as amended from time to time;
Electronic Fund Transfer Provisions For Consumers: A. APPLICABILITY. The provisions in this section apply only to electronic fund transfers that debit or credit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT”). KleinBank may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E. All terms not otherwise defined in this Agreement which are defined in Regulation E will have the same meaning when used in this section. B. YOUR LIABILITY. Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:
C. TELEPHONE NUMBER AND ADDRESSES. The telephone number and address of the person or office to be notified when you believe that an unauthorized EFT has been or may be made are:
D. BUSINESS DAYS Our business days are Monday – Friday. Federal Holidays not included. E. DOCUMENTATION F. CONFIDENTIALITY
G. ERROR RESOLUTION
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (5 business days for Debit/ATM card point-of-sale transactions 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 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 for (5 business days for Debit/ATM card point-of-sale transactions and 20 business days if the transfer involved a new account) 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. 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. Security: At signup you will be asked to assign an Access ID and Password that will give you access to your accounts. This password can be changed within KleiNet. Due to the increased need for security, the KleiNet password needs to be a minimum 6 digits in length. It can also be any combination of alpha, numeric, uppercase, lowercase and special characters up to 17 digits in length. We recommend that you change your password regularly. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize the password and do not write it down. You are responsible for keeping your password and account information confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account, notify KleiNet CSR by e-Mailing us at the "Contact Us" tab, call Customer Service at 1-877-553-4638, or write to us at KleinBank Corporate Center, P.O Box 487, Chaska, MN 55318. Liability: OUR LIABILITY. Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your accounts. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your accounts through KleiNet. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Online Finance Services as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Online Financial Services. IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES. We will not be obligated to honor, in whole or in part, any transaction or instruction which:
A. INDEMNIFICATION. Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your account, if you are an owner of an account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an account or the performance of an Online Financial Service. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Service by you or your authorized representative. B. THIRD PARTIES. Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Financial Services through the Service. General Provisions: A. TERMINATION. Unless otherwise required by applicable law, KleinBank may terminate this Agreement and/or your access to any Online Financial Service through KleiNet, in whole or in part, at any time. Access to the Online Financial Services through KleiNet, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control. You may request reinstatement of an Online Financial Service by calling KleiNet Customer Service at 1-877-553-4638. If you decide to terminate the Bill Pay Service, we strongly suggest that you cancel all future bill payments at the same time that you cancel your Bill Pay Service online, by e-Mailing the KleiNet CSR, or by calling KleiNet Customer Service at 1-877-553-4638. This will ensure that future payments made by you will not be duplicated. We will automatically delete all outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your Bill Pay Service has been terminated. Termination of the Bill Pay Service will not automatically close Accounts. If you wish to cancel any of your Online Financial Services, contact KleiNet Customer Service at 1-877-553-4638 or send us cancellation instructions in writing to KleinBank Corporate Center, P.O Box 487, Chaska, MN 55318. B. CHANGES. Except as otherwise required by law, rule, or regulation, we may change the terms of this Agreement from time to time and at any time. When changes are made we will update this Agreement at the Website. The Website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated an earlier time. As always, you may choose to accept or decline changes by continuing or discontinuing to use KleiNet. Changes to fees or terms applicable to accounts are governed by the agreement otherwise governing the applicable account. C. NOTICES. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN THE EVENT THAT WE ARE REQUIRED TO PROVIDE A NOTICE OR OTHER COMMUNICATION TO YOU IN WRITING, THAT NOTICE OR OTHER COMMUNICATION MAY BE SENT TO YOU ELECTRONICALLY TO YOUR INTERNET ADDRESS AS REFLECTED IN OUR THEN CURRENT RECORDS. D. DISCLOSURE OF INFORMATION. The circumstances under which we will disclose information about you, your accounts, or your Online Financial Services is set forth in the information that has been separately disclosed to you in the contracts, notices, and disclosures that have been separately provided to you and in accordance with our policy disclosed at our Website. Fees: A. KleiNet. There are no monthly fees for accessing KleiNet. Fees separately disclosed to you in connection with an account or Online Financial Service apply when using the Service. Other fees may be assessed and billed separately by your online service provider. B. TELEPHONE CHARGES. You will be responsible for any telephone charges, which you incur by using KleiNet. C. MISCELLANEOUS FEES AND CHARGES. The fees that have been separately disclosed to you in connection with your account(s) will continue to apply to those account(s) and to your Online Financial Services.
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