Terms & Conditions

Bill Payment Agreement
Effective Date: August 18, 2022
The Callaway Bank

PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY TRANSACTIONS.

1. Scope of this Agreement
This Bill Payment Agreement ("Agreement") between you and The Callaway Bank ("Bank" or "BANK"), P.O. Box 10, 5 East 5th Street, Fulton, MO, 65251, phone (573) 642-3322, (573) 447-1771, or (800) 446-2265 governs your use of our Bill Payment services (the "Service"). The Service permits our Customers to perform a number of banking functions on accounts linked to the Service using a personal computer, mobile device or digital device. By using the Bill Payment Services, you agree to abide by the terms and conditions of this Agreement.
2. Accepting the Agreement
After you have carefully read this Agreement in its entirety and the linked Privacy Notice, you will be asked to accept the terms and conditions of this Agreement.
WHEN YOU CLICK ON THE "ACCEPT" BUTTON BELOW, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED USER ACTING WITH FULL AUTHORITY AND THAT YOU ARE DULY AUTHORIZED TO EXECUTE THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, SELECT THE CANCEL BUTTON.
You may print and/or save a copy of this Agreement for your records. Future updates to this Agreement will be sent electronically as further described within this Agreement. To print, select the print button below or select the print function on your browser. To save a copy of this Agreement on your computer, select 'File' and then 'Save As' on your browser.
If you need a paper copy of this Agreement, please contact our Customer Care Team. Our contact information is listed at the top of this Agreement. You may obtain a paper copy of this Agreement at any time.
3. Definitions
Agreement - means these terms and conditions of the Bill Payment services.
Authorized User - is any individual, Sub-User, Sub-User Administrator or Business Customer, whom you allow to use the Service, or your Credentials or other means to access your Eligible Account(s).
Bill Payment - means the remittance of funds initiated within the Service from an account to a payee.
Bill Payment Service Provider - refers to the contractor, sub-contractor, or provider of our Bill Payment and Bill Delivery & Presentment services, iPay Solutions.
Biller - is the entity from which you elect to receive electronic bills using the Bill Payment Delivery & Presentment feature.
Billing Account - is the checking account from which all Service fees will be automatically debited.
Business Banking Team - Refers to the service unit of Bank targeted specifically to assist businesses or organizations.
Business Day - is every Monday through Friday, excluding Federal Reserve holidays.
Business Customer - Refers to anyone other than a Consumer who owns an Eligible Account at Bank and who uses the Service primarily for non-personal or business purposes. By virtue of accepting this Agreement, the individual who initially enrolls in the Service on behalf of a Business Customer affirms they are an authorized signer or owner of the eligible Business Customer account and have been given full authority to act on behalf of the Business Customer and any other Authorized Signers, and to establish and manage Sub-User access to the Service, including designating and removing Sub-Users, and may assign certain administrative rights to a Sub-User.
Business Day Cutoff - Refers to the cut-off time for posting purposes. The cut-off time for digital transactions is based upon our Business Days using the Central Time zone. Bill Payment cut-off time is 3:00p.m. (CST). Scheduling of Bill Payments is further discussed later in this agreement.
Customer - Refers to any natural person or entity who has a deposit account or loan with Bank.
Customer Care Team - Refers to the call center service unit for Bank.
Digital Banking - means accessing banking features and services via the Bank's website or mobile application from your computer, mobile device, or other internet-connected device.
Draft Payment - refers to the paper item generated by our Service Provider as a substitute for a check, that is mailed to the Payee for a Bill Payment.
Due Date - is the date reflected on your Payee statement for which the Bill Payment is due. It is not the late date or grace period.
Eligible Accounts - An Eligible Account means any one of your account(s) to which we may allow access through the Service under this Agreement. Only a checking account may be eligible for Bill Payment privileges. We may make additional accounts available for Bill Payment services from time to time as allowed by law or our Bill Payment Service Provider.
You may request digital access to any account on which you are a signer or owner. If you or your Authorized Users use features of the Service that allow you to initiate Bill Payments or otherwise remove funds from an account, you must have the required withdrawal authority over the relevant Eligible Account.
When using the Service, you agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any account to cover any transaction and/or fees that are ultimately approved by or related to the Service.
Joint Accounts - an Eligible Account that is added to the Service which is jointly held or has multiple signers.
NSF - refers to an Eligible Account that does not have sufficient funds available to honor checks or other debits drawn against the account.
Password - means your password that you use to access the Service that is known solely by you. Your Password is not known by the Bank or our Service Providers. The Password together with Username makes up the Credentials.
Payee - is the person or entity to which you wish a Bill Payment to be directed or is the person or entity from which you receive electronic bills.
Payment Account - is the checking account from which Bill Payments will be debited. You must be a legal owner of any Payment Account registered for the Service.
Payment Instruction - is the information provided by you to the Service for a Bill Payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).
Payment/Scheduled Payment Date - is the day you want your Payee to receive your Bill Payment and is also the day your Payment Account will be debited unless the Payment Date falls on a non-Business Day in which case it is considered to be the previous Business Day.
Scheduled Payment - is a Bill Payment that has been scheduled through the Service but has not begun processing.
Service - means the Bill Payment and Bill Delivery & Presentment services offered by the Bank through its Service Providers.
Service Provider - includes any agent, licensor, independent contractor or subcontractor that Bank may involve in the provision of Bill Payment, and electronic Bill Delivery & Presentment services.
Sub-User - means an Authorized User who has been assigned access to a Customer's Eligible Account by a Sub-User Administrator. Sub-Users may be granted full or limited access to view account or utilize Bill Payment or Bill Delivery & Presentment.
Sub-User Administrator - refers to an administrative user of Business Customer accounts. A Sub-User Administrator may administer and assign access rights to Sub-Users.
Username - means a specific code used to access the Service, which together with Password makes up the Credentials.
You and Your - As used within this Agreement, "you" and "your" refer to the person enrolling in the Service, owner of the Eligible Accounts, Business Customer, Sub-User Administrator as well as any Authorized Users or Sub-Users that such person allows, subject to the parameters of multiple user access as set forth within the Service.
We, Us, or Our - As used within this Agreement, "we, "us", or "our" refer to Bank and any agent, independent contractor, Service Provider, sub-contractor, licensor, designee, or assignee that Bank may involve in the provision of the Service.
4. Prerequisites for Enrolling in the Service
To enroll in the Service:
You must have an Eligible Account with the Bank.
Your account with us must be in good standing.
You must be at least 18 years of age
You must be a resident of the United States or its territories or commonwealths.
Hardware and Software Equipment Requirements:
You must have a computer and internet browser that will support 128-bit encryption.
We recommend use of the most current, fully patched versions of operating systems and internet browsers for accessing the Service.
Some features of the Service may not be supported with older browsers.
We recommend using the most current, fully patched version of mobile device operating systems and applications, at a minimum iOS 9 or higher or Android 4.4 or higher.
You will need internet access.
You will need access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures.
You will also need an external email address for the delivery of electronic notices and disclosures.
You must maintain current and always-patched anti-virus protection on your computer and/or mobile device.
We recommend the latest version of Acrobat Adobe Reader.
Prior to enrolling in the Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Service and to retain a copy of this Agreement.
If we revise hardware and software requirements, and if there is a material change that impacts your ability to access the Service, we will give you advance notice of these changes and provide you an opportunity to cancel the Service and/or change your method of receiving electronic disclosures (e.g., change to paper format vs an electronic format) without the imposition of any fees.
5. Electronic Disclosures
We may deliver amendments to this Agreement and other disclosures to you in an electronic format.
Other disclosures may include:
Periodic account statements
Deposit account disclosures
Notices regarding changes in account terms and fees
Privacy notices
The software and equipment necessary for accessing these types of disclosures electronically is described above in Section 4.
WITH YOUR ACCEPTANCE BELOW, YOU AGREE TO ACCEPT THIS AGREEMENT AND OTHER DIGITAL BANKING RELATED DISCLOSURES IN AN ELECTRONIC FORMAT. YOU ALSO AGREE AND REPRESENT THAT YOU HAVE THE NECESSARY SOFTWARE AND EQUIPMENT FOR ACCESSING THE SERVICE AND FOR VIEWING ELECTRONIC DISCLOSURES.
If you consent to receive electronic disclosures and later change your mind, you may withdraw your consent and change to paper delivery format. You can notify us of your intent to cancel electronic disclosures by:
Sending a letter to The Callaway Bank, P.O. Box 10, 5 East 5th Street, Fulton, MO, 65251
Sending a secure message through the Service, or
By contacting us by phone at: (573) 642-3322, (573) 447-1771, or (800) 446-2265.
If you send us a secure message through the Service or write us a letter, please be sure to identify yourself and include partial account numbers of the applicable accounts.
If you enroll for the Service and then later close your accounts with the Bank, your access to the Service will also be terminated. You may request paper copies of historical statements at the address listed above.
You should print or save a copy of all disclosures delivered electronically. Customers may request paper copies of disclosures such as this Agreement free of charge.

6. Basic Services
Bill Payment Services are optional. You can request Bill Payment privileges during the digital enrollment process, or you can add Bill Payment Services later by contacting our Customer Care Team or sending us a secure message through the Service. Bill Payment customers also have access to electronic Bill Delivery & Presentment for participating vendors.
We may add or remove certain features and/or functionality from time to time. You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to unscheduled occurrences outside of our control or scheduled system maintenance. In addition, access to the Service may be slower at times due to high internet traffic or other factors beyond our control.
7. Fees
Business Customers: Bill Payment is $4.95 per month for unlimited payments.
Other Services and Fees: There may be a charge for other optional services, such as expedited Bill Payment delivery. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any standard (non-digital) fees associated with your accounts will continue to apply, outside of your optional usage of Bill Payment.
You are responsible for all fees assessed by your internet service provider, telephone carrier, or mobile device carrier. Any applicable fees will be charged regardless of whether the Service was used during the billing cycle.

8. Enrollment Process
You must complete the enrollment process to use the Service. You can enroll for the Service on the internet, or you can enroll in any of our offices.
The digital enrollment process involves completing a secure digital application that we will use to verify your identity. You will also choose your Username and Password during the enrollment process.
9. Linked Accounts
When you first enroll in the Service, we will link your designated Eligible Accounts to one Username ("Linked Accounts"). You may request the addition/removal of Linked Accounts. If you want to limit the accounts linked or the privileges assigned to an account, please contact us at (573) 642-3322, (573) 447-1771, or (800) 446-2265, or send us a secure email message through the Service.
If the Eligible Accounts added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated using your Credentials are authorized unless we have been notified to cancel the Service.
Activity within the Service may be identified separately for each Username, and you may be charged applicable fees for Services used under additional Usernames.
10. Signature Requirements
When any Payment Instruction is initiated through the Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you.
Restrictive conditions imposed by a business, organization, or other entity to comply with the entity?s internal policy, such as dual signatures, do NOT apply to Bill Payments initiated through the Service. In some instances, we may assist with the setup of additional controls or security protocols, but only to the extent designed within the Service. To explore controls available within the functionality of the Service please contact our Business Banking Team.
Authorized Users that may be assigned payment or transactional capabilities through the Service are considered to be authorized by the Business Customer to make or approve electronic payments, even though that person may not be so designated on the signature card(s) of Payment Accounts.
If Authorized Users are not authorized persons on the signature card for each Linked Account, the Business Customer account owner(s) or controlling agent(s) have the obligation to inform Bank of any change in authority of such individuals. Such notice must be given to Bank by calling us at (573) 642-3322, (573) 447-1771, or (800) 446-2265. You may also write to us at:
The Callaway Bank, P.O. Box 10, 5 East 5th Street, Fulton, MO, 65251
11. Account Balances
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments, or charges.
The balances within the Service are updated periodically, and the Service will display the most current "as of" date on the account summary page. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for payments.
12. Transaction Limitations
You may use the Service to check the balance of your Eligible Account (s) and to initiate payments from your Eligible Accounts at Bank. You must have sufficient funds in your account to cover the amount of any Bill Payments on the scheduled payment date of the transaction, or the transaction may not be processed. NSF and/or overdraft charges may be incurred if Bill Payments exceed your account balance.
13. Bill Payment Terms and Conditions

Bill Payment Scheduling
The earliest possible Payment Date for Bill Payments conducted by Draft Payment is typically three (3) to five (5) Business Days from the current date and one (1) Business Day for Bill Payments conducted by electronic means. The available Payment Date will be designated within the Service when you are scheduling the Bill Payment. The Service will not permit you to select a Payment Date less than the earliest possible Payment Date designated for each Payee.
When scheduling Bill Payments you must select a Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Payment Date that is at least one (1) Business Day before the actual Due Date. Payment Dates must be prior to any late date or grace period.
Expedited Bill Payment delivery may be available for some Payees and in some situations. You may select to use this feature at your own discretion. Additional charges will apply.
Payment Authorization and Payment Remittance
By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize us to follow the Payment Instructions received through the Service. In order to process payments more efficiently and effectively, our Service Provider may edit or alter payment data or data formats in accordance with Payee directives.
When the Service receives a Payment Instruction, you authorize our Bill Payment Service Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize our Service Provider to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another Authorized User of the Service.
Payment Methods
Our Bill Payment Service Provider reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment or a Draft Payment.
Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (if processing has not begun) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a Scheduled Payment it cannot be cancelled or edited, therefore a stop payment request must be submitted, as described elsewhere within this Agreement.
Bill Payment Stop Payment Requests
You may stop or edit a Scheduled Payment up until the time payment processing begins. There is no charge for stopping or editing a Scheduled Payment prior to it being processed. However, once the Service has begun processing a payment, it cannot be stopped or edited, and a stop payment request must be submitted. A stop payment request may only be submitted for Draft Payments. Electronic Bill Payments are unable to have a stop payment request placed on them.
We must have a reasonable opportunity to act upon any stop payment request made after payment processing has begun. The ability of Bank and its Service Provider to process a stop payment on a Bill Payment already in process will depend on the payment method and whether the payment has cleared.
If you need to place a stop payment request on any Bill Payment that has already been processed, you must contact our Customer Care Team immediately.
We will make every effort to accommodate your request, but we will have no liability for failing to do so unless the request is subject to the provisions contained in your depository account agreement or applicable law as it pertains to pre-authorized electronic funds transfers.
We may also require you to present your stop payment request in writing within fourteen (14) days from the date the request is made. The charge for each stop payment request will be the current charge for such service as set forth in our applicable fee schedule.
If we complete a stop payment request on your behalf, Bill Payment privileges may be suspended pending recovery of funds by our Service Provider(s).
Returned Payments
In using the Service, you understand that Payees and/or the United States Postal Service may return Bill Payments to our Service Provider for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. Our Service Provider will use its best efforts to research and correct the returned payment and return it to your Payee or void the payment and credit your Payment Account. You may receive notification from the Service of returned payments.
Bill Payment Information Authorization
Requests for Bill Payment privileges may not be fulfilled if Bank and/or its Service Provider(s) cannot verify your identity and withdrawal authority over the specified accounts. Through your enrollment in the Service, you agree that the Bank and its Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that Bank and its Service Providers reserve the right to obtain financial information regarding your account from a Payee or other financial institution (for example, to resolve payment posting problems or for verification).
Prohibited Payments
Payments to Payees outside of the United States or its territories are prohibited through the Service. Payments to internet gambling sites are also prohibited through the Service.
Exception Payments
Research of exception payments shall be limited to proof of payment and/or unauthorized payments only. All other research and resolution for any misapplied, mis-posted or misdirected exception payments will be your sole responsibility.
Payee Limitation
We reserve the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly 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 under this Agreement.
Failed Transactions
In using the Service, you are requesting us to make payments for you from your Payment Account. If we are unable to pay this transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction may be returned unpaid. Our standard NSF and return item fees apply.
Bill Delivery and Presentment
Bill Delivery & Presentment is a feature that allows you to receive and view your bill from a participating Biller, and then pay the bill electronically through the Bill Pay Service. This feature is for the presentment of electronic bills only, and it is your sole responsibility to contact your Billers directly if you do not receive your bills. If you elect to activate Bill Delivery and Presentment, you also agree to the following:
Information Provided to the Biller
We are unable to update or change your personal or business information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by you directly with the Biller. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's or company's bill.
Our Service Provider may, at the request of the Biller, provide to the Biller your e-mail address, Service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Activation
Upon activation of Bill Delivery and Presentment, our Service Provider may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. During the time your electronic bill feature is being activated by the Biller, it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Notification
Our Bill Payment Service Provider will use its best efforts to present all your electronic bills promptly. In addition to notification within the Service, our Service Provider may send an e-mail
notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically login to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
Cancellation of Electronic Bill Notification
The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may also cancel Bill Delivery and Presentment at any time, for each Biller. The timeline for cancellation may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Our Bill Payment Service Provider will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to plan for an alternative form of bill delivery and payment. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of Electronic Bill(s)
You agree to hold harmless, the Bank and its Service Providers should the Biller fail to deliver your Bill(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Accuracy and Dispute of Electronic Bill
Neither Bank nor its Service Providers are responsible for the accuracy of your electronic bill(s). Bank and its Service Providers are only responsible for presenting the information received from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
14. Privacy
We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the Service.
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
Where it is necessary for completing transactions
Where it is necessary for activating additional services
In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee
In order to comply with a governmental agency or court orders; or
If you give us your written permission.
Please refer to our privacy notice for additional details on disclosure of account information.
15. Digital Banking Security
The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the internet. Prior to activating your access to the Service, we reserve the right to verify your identity and authorization against information associated with the Eligible Account (s) that you request to be linked to the Service.
Usernames and Passwords - One of the main security features protecting the Service is the unique combination of your Username and Password, which are together referred to as Credentials. During the enrollment process, you will be asked to select a unique Username and Password. For security purposes, do not use your account number or social security number as your Username. Encryption and access controls are used to protect your Password within our database. If you need to reset your Password, you may use our automated Password reset feature or you may contact the Bank for assistance.
Because your Credentials are used to access your accounts, you should treat them as you would any other sensitive personal data. You must protect your Service Credentials, and any other related security codes or devices used to gain access to the Service. Your Credentials should be always kept confidential. For your protection, we recommend you change your Service Password regularly. The Service will require you to change your password every 180 days. It is recommended that you memorize this Password and do not write it down. You are responsible for keeping your security code(s), account numbers and other account data confidential.
You should carefully select a Password that is difficult to guess.
You should not use words based on your name, address or other personal information.
You must use a combination of at least 8 characters, containing at least 1 upper case letter, 1 lowercase letter, 1 number, and 1 special character.
Do NOT use dictionary words.
Keep your Password safe.
Memorize your Password and do NOT write it down.
You should change your Password regularly.
Passwords should not be shared with anyone, even Authorized Users.
The Help link within the Service will offer tips on choosing a secure Password that you can remember.
The Service will not allow you to reuse the same Password consecutive times. For security reasons, we strongly recommend that you do not allow your internet browser or any other software programs to store or remember any Password or login information. As a security measure, upon three unsuccessful attempts to use your Password, your access to the Service will be suspended. To re-establish your authorization to use the Online Banking Service you must contact the Customer Care Team at (573) 642-3322, (573) 447-1771, or (800) 446-2265.
When you enroll for the Service, you agree to change your Password immediately if you suspect that your Password has been compromised. This can be done at any time from the ?Manage Profile" after you log on to the Service.
NEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS WILL CONTACT YOU BY TELEPHONE, EMAIL OR TEXT MESSAGING REQUESTING PERSONAL INFORMATION SUCH AS YOUR USERNAME, PASSWORD, CREDIT CARD NUMBER, DEBIT CARD NUMBER OR CARD PIN. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS TYPE OF INFORMATION, DO NOT PROVIDE ANY INFORMATION AND CONTACT OUR CUSTOMER CARE TEAM IMMEDIATELY.

Encryption - The Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using the Service. Your browser automatically activates this technology when it attempts to connect to our Service. The Service requires a browser that supports 128-bit encryption, and we will warn you if your browser does not meet this requirement.
Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from "open" to "locked". What this means to you is that your communications are scrambled from your browser to our servers so no unauthorized party can read the information as it is carried over the Internet.
Certificate Authority - The servers hosting the Service have been certified by a certificate authority to assure you that your computer is connected to the Service instead of someone pretending to be us. By clicking on the lock within the Service, you can view the certificate to ensure it is valid.
Cookies - During your use of the Service, our Service Provider(s) will pass an encrypted session cookie to your computer. The session cookie enables us to process multiple transactions during the session without prompting you to provide your Credentials for each individual transaction. You must accept this session cookie to use the Service. The session cookie is stored on your computer's hard drive, identifying your computer while you are logged on. The session cookie does not contain any personal information. When you log off, close your browser, or turn off your device, the session cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account. Our Service Provider also uses persistent or ?permanent? cookies to identify this Institution and your computer as part of our enhanced security. The permanent cookies will remain on your computer's hard drive until you clear cookies with your browser. If you do not accept these cookies, you may not be able to use all the features of the Service.
Multi-Level Authentication - We use multi-level authentication (or enhanced security) to help prevent unauthorized access to your accounts. As part of our enhanced security solution, we may ask you to select challenge questions which may be used to help verify your identity in the event unusual login or transaction activity is detected. We may also send you a One Time PIN (OTP) or provide you with a security token which can be used to help authenticate your login or transaction requests.
Your Security Obligations
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATION, AND OPERATION OF YOUR COMPUTER INCLUDING, BUT NOT LIMITED TO, THE USE OF UPDATED ANTI-VIRUS PROTECTION.
NEITHER BANK NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, FRAUDULENT TRANSACTIONS, DELETIONS, FAILURES, DISCLOSURE OF PERSONAL OR BUSINESS ACCOUNT INFORMATION, OR DISCLOSURE OF NON-PUBLIC PRIVATE INFORMATION THAT MAY OCCUR AS A RESULT OF ANY VIRUS, MALWARE, TROJAN, SHARED PASSWORD, MALFUNCTION OF YOUR COMPUTER OR SOFTWARE, FAILURE TO ADEQUATELY MAINTAIN AND SECURE YOUR COMPUTER AND SOFTWARE, OR YOUR FAILURE TO PROTECT YOUR CREDENTIALS.
All Authorized Users should sign off after every session. While digital sessions will automatically end after a period of inactivity, logging off can help protect you in case you accidentally leave your computer unattended.
Refrain from using public computers (e.g., computers in a library or hotel business center) to access your digital banking accounts. The security of public or shared computers cannot be assured.
Always keep your computer?s operating system and browser fully patched for critical security issues. We recommend use of the most current, fully patched versions of operating systems and Internet browsers for accessing the Service.
Always keep your anti-virus and anti-spyware software current and routinely scan your computer, servers, and electronic media using reliable virus detection and anti-spyware products. Undetected or unrepaired viruses or malicious software (malware) may affect the performance of your computer, corrupt and destroy your programs, files, and even your hardware. Undetected or unrepaired viruses or malware may affect the security of digital accounts and the privacy of personal information stored on your computer. If your computer is compromised by some form of malware, virus, or Trojan, you could unintentionally transmit sensitive account information or personal data to another third party or transmit a virus to other computers.
Always use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
If you use a wireless Internet connection to access your digital accounts, make sure that the wireless network is encrypted. Refrain from using public wireless network access (e.g., coffee shops, waiting rooms, common spaces), as they may not be secure.
Occasionally we may post important security notices on our website and/or send digital banking users security related notices or reminders; it is your responsibility to read all security notices.
Protecting Your Credentials
When you or your Authorized Users accept the terms and conditions of this Agreement, you agree not to give or make available your Credentials, or other means to access your account, to any unauthorized individual(s). You are responsible for all transactions authorized or requested through the Service using valid Credentials, including those situations when your Credentials are obtained due to a compromise of your computer. If you permit other persons to use the Service with your Credentials, or other means to access your account, you are responsible for any transactions they authorize.
If you believe that your Credentials or other means to access your account (such as your mobile device) has been lost or stolen, or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by calling (573) 642-3322, (573) 447-1771, or (800) 446-2265, during customer service hours. You can also contact us by sending a secure message through the Service.
IF YOU OR YOUR AUTHORIZED USERS DISCLOSE YOUR CREDENTIALS TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE YOUR CREDENTIALS TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE SERVICE BY THEM (E.G., SUCH AS WHEN YOU PROVIDE THIS INFORMATION TO A JOINT ACCOUNT HOLDER, AN EMPLOYEE, AN AGGREGATION SERVICE PROVIDER, OR WHEN YOUR PERSONAL COMPUTER IS COMPROMISED BY A KEY STROKE LOGGING VIRUS OR ANY OTHER TYPE OF MALWARE).
You agree that we may send notices and other communications, including Password change confirmations, to the current address shown in our records, whether that address includes a designation for delivery to the attention of any particular individual.
16. Our Liability for Failure to Complete Transactions
We will use commercially reasonable efforts to make all your Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction, or the transaction exceeds the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly, and you know or have been advised by the Bank and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, or telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the Bill Payment;
6. It can be shown that the Payee received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges. Bank or our Service Providers are not liable for any amount other than the transaction amount and any specifically associated late payment charges.
17. Documentation and Verification of Payments and Transfers
Information regarding Bill Payment transactions will be reflected on the account detail in the Service and in your periodic account statement(s).

18. Provisions Applicable Only to Sole Proprietors Deposit Accounts
Errors and Questions
In case of errors or questions about your Bill Payments, you should notify us as soon as possible through one of the following:
Telephone us at (573) 642-3322, (573) 447-1771, or (800) 446-2265, during customer service hours;
Contact us by using the secure messaging feature within the Service; or
Write to us at The Callaway Bank, P.O. Box 10, 5 East 5th Street, Fulton, MO, 65251.
If you think your statement is incorrect or if you need more information about a Bill Payment transaction listed on the periodic statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears.
You must:
1. Tell us your name, relevant Eligible Account number(s), and Username;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and we will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.
For errors regarding electronic transactions on new accounts, we may take up to 90 days to investigate your complaint or question. We may take up to 20 Business Days to credit a new account for the amount you think is in error.
If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
19. Consumer Liability for Unauthorized Payments

Tell us AT ONCE if you believe another person has improperly obtained or stolen your Credentials. 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. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit, if applicable).
If customers who are Consumers tell us within two (2) Business Days after you discover your Credentials or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your Credentials or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your periodic account statement contains Bill Payments that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
20. Provisions Applicable Only to Business Accounts
Protecting Your Account(s)
The Service will allow Business Customers to establish individual Usernames, Passwords, and privileges for each Authorized User. Transaction history is maintained for each Username. Additional fees may be assessed for each Username or Sub-User that is established, or for their use of Service features.
BUSINESS CUSTOMER(S) WILL BE SOLELY RESPONSIBLE FOR DESIGNATING AUTHORIZED USERS AND ASSIGNING PRIVILEGES WITHIN THE SERVICE.
As a security measure, Business Customers should evaluate and implement security features within the Service. Contact our Business Banking Team for more information about additional security measures that may be available.
Sub-User Administration
Sub-User Administration is an optional service for Business Customers that may be activated at any time after your initial enrollment. The Business Customer shall be solely responsible for designating the Sub-User Administrator.
A Sub-User Administrator may further authorize other individual Sub-Users who may be granted full or limited digital access to the Eligible Accounts and may also be granted full or limited access to use features available within the Service.
For security and auditing purposes, each Sub-User should be assigned separate Usernames and Passwords. Activity is tracked at the Username level. A Sub-User Administrator inherits the privileges assigned to the Business Customer. Notwithstanding the foregoing, please note that a Sub-User Administrator can remove, change, or otherwise alter the restrictions or limits placed upon their rights by the Business Customer.
The Business Customer or Sub-User Administrator will need to provide the Username and temporary Password to each new Sub-User. The temporary Password will be used to gain access to the Service initially. Upon initial login, the Sub-User will be prompted to set up their own unique Password, known only to them, for future use of the Service.
Business Customer understands that there may be a charge for multiple Sub-Users and their usage of features available within the Service. You agree to pay all such charges and authorize us to deduct such charges from your business account and any additional charges that may be incurred by you. Any other fees associated with your business deposit account(s), outside of the Service and as described in our fee schedule, will continue to apply.
Business Customer Liability
BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT ITS AUTHORIZED USERS AND SUB-USERS HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED OPERATING SYSTEMS AND ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE SERVICE BY IT OR ON ITS BEHALF.
BUSINESS CUSTOMER AUTHORIZES BANK AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH THE CREDENTIALS OF ANY AUTHORIZED USER(S).
FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. BANK AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER.
BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE SERVICE OR ELIGIBLE ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER OR SOFTWARE DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLDHARMLESS BANK AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH THE CREDENTIALS OF BUSINESS CUSTOMER OR ITS AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER.
BUSINESS CUSTOMER AGREES THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, INCLUDING EMAILS, TO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, WHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. YOU FURTHER AGREE THAT THE BANK AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, EITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. IN ADDITION, YOU AGREE TO:
REQUIRE ALL AUTHORIZED USERS TO KEEP CREDENTIALS SECURE AND STRICTLY CONFIDENTIAL
IMMEDIATELY NOTIFY US AND SELECT NEW CREDENTIALS IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR CREDENTIALS MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON
WE MAY DISABLE CREDENTIALS OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU, IF WE SUSPECT CREDENTIALS ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER.
BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE SECURITY PROCEDURES TO PROTECT THEIR COMPUTER SYSTEMS USED TO ACCESS THE SERVICE.
BANK AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, LIABILITY OR CONTROL, EITHER DIRECTLY OR INDIRECTLY, CONCERNING THE BUSINESS CUSTOMER?S SELECTION OF SECURITY SYSTEMS, PROCESSES, OR DEVICES USED TO PROTECT ITS COMPUTER SYSTEM(S). FURTHERMORE, NEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS SHALL HAVE CONTROL OVER BUSINESS CUSTOMER?S DEVELOPMENT OR IMPLEMENTATION OF SECURITY PROCEDURES, OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN ADEQUATE SECURITY PROCEDURES.
BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE SERVICE USING VALID CREDENTIALS.
Commercially Reasonable Security Procedures
WHEN YOU ACCEPT THIS AGREEMENT AND USE THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE INCLUDES SECURITY MEASURES WHICH ARE COMMERCIALLY REASONABLE.
YOU AGREE TO BE BOUND BY OUR SECURITY PROCEDURES AND INSTRUCTIONS WHICH MAY BE PERIODICALLY UPDATED. YOU AGREE TO REVIEW AND IMPLEMENT ALL SECURITY PROCEDURES AVAILABLE IN CONNECTION WITH THE SERVICE, INCLUDING PROCEDURES TO PROTECT THE CONFIDENTIALITY OF CREDENTIALS FOR THE BUSINESS CUSTOMER AND ITS AUTHORIZED USERS. YOU AGREE TO NOTIFY BANK IN WRITING IN THE EVENT THAT YOUR USE OF THE SERVICE WOULD NECESSITATE OR BE BETTER SERVED BY A LEVEL OF SECURITY THAT EXCEEDS THAT OFFERED BY THE SERVICE. IF YOU FAIL TO NOTIFY THIS BANK, YOU ACKNOWLEDGE AND AGREE THAT THE SECURITY ASPECTS OF THE SERVICE ARE APPROPRIATE FOR YOUR NEEDS AND WILL PROVIDE YOU WITH A COMMERCIALLY REASONABLE DEGREE OF SECURITY AGAINST UNAUTHORIZED USE.
21. Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:
Telephone us at: (573) 642-3322, (573) 447-1771, or (800) 446-2265, during customer service hours
Write to us at: The Callaway Bank, P.O. Box 10, 5 East 5th Street, Fulton, MO, 65251
22. Your Liability for Unauthorized Transfers
You must notify us of errors, discrepancies, or possible unauthorized transactions as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days after you have received notice of an unauthorized or erroneous transaction, Bank will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction.
Bank and its Service Providers shall have no liability to you for any unauthorized transactions made using your Credentials that occur before you have notified us of any possible unauthorized use, and we have had a reasonable opportunity to act upon that notice.
If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting any such discrepancy against us.
23. Limitation of Institution Liability
BANK AND ITS SERVICE PROVIDERS WILL BE DEEMED TO HAVE EXERCISED ALL DUE CARE AND TO HAVE ACTED REASONABLY IF WE ACT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND WILL BE LIABLE FOR LOSS SUSTAINED BY YOU ONLY TO THE EXTENT SUCH LOSS IS CAUSED BY OUR WILLFUL MISCONDUCT. BANK AND ITS SERVICE PROVIDERS WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE:
RELATED TO THE DISHONESTY OF THE BUSINESS CUSTOMER, OR ITS EMPLOYEES, OFFICERS, AGENTS, AUTHORIZED USERS;
RESULTING FROM ANY RECEIVING FINANCIAL INSTITUTION?S FAILURE TO ACCEPT ANY PAYMENT OR FUNDS TRANSFER REQUEST;
RESULTING FROM ANY DELAY IN THE PERFORMANCE OF THIS AGREEMENT, WHICH IS CAUSED BY AN ACT OF GOD, FIRE OR OTHER CASUALTY, ELECTRICAL OR COMPUTER FAILURE, DELAYS OR FAILURE TO ACT BY ANY CARRIER, MEDIUM OR AGENT OPERATING BETWEEN BANK AND THIRD PARTIES, OR ANY OTHER CONDITION OUTSIDE OF OUR CONTROL.
IF BANK AND/OR ITS SERVICE PROVIDERS FAIL OR DELAY IN MAKING A PAYMENT PURSUANT TO YOUR INSTRUCTION, OR IF WE MAKE A PAYMENT IN AN ERRONEOUS AMOUNT WHICH IS LESS THAN THE AMOUNT PER YOUR INSTRUCTION, UNLESS OTHERWISE REQUIRED BY LAW OUR LIABILITY SHALL BE LIMITED TO INTEREST ON THE AMOUNT WHICH WE FAILED TO TIMELY PAY, CALCULATED FROM THE DATE ON WHICH THE PAYMENT OR TRANSFER WAS TO BE MADE UNTIL THE DATE IT WAS ACTUALLY MADE, OR YOU CANCELED THE INSTRUCTION.
WE MAY PAY SUCH INTEREST EITHER TO YOU OR THE INTENDED RECIPIENT OF THE PAYMENT OR TRANSFER, BUT IN NO EVENT WILL WE BE LIABLE TO BOTH PARTIES, AND OUR PAYMENT TO EITHER PARTY WILL FULLY DISCHARGE ANY OBLIGATION TO THE OTHER. IF WE MAKE A PAYMENT IN AN ERRONEOUS AMOUNT WHICH EXCEEDS THE AMOUNT PER YOUR PAYMENT INSTRUCTION, OR IF WE PERMIT AN UNAUTHORIZED PAYMENT AFTER WE HAVE HAD A REASONABLE TIME TO ACT ON A NOTICE FROM YOU OF POSSIBLE UNAUTHORIZED USE AS DESCRIBED ABOVE, UNLESS OTHERWISE REQUIRED BY LAW, OUR LIABILITY WILL BE LIMITED TO A REFUND OF THE AMOUNT ERRONEOUSLY PAID, PLUS INTEREST THEREON FROM THE DATE OF THE PAYMENT TO THE DATE OF THE REFUND, BUT IN NO EVENT TO EXCEED SIXTY (60) DAYS INTEREST.
IF WE BECOME LIABLE TO YOU FOR INTEREST COMPENSATION UNDER THIS AGREEMENT OR APPLICABLE LAW, SUCH INTEREST SHALL BE CALCULATED BASED ON THE AVERAGE FEDERAL FUNDS RATE AT THE FEDERAL RESERVE BANK IN THE DISTRICT NEAREST TO BANK FOR EACH DAY INTEREST IS DUE, COMPUTED ON THE BASIS OF A THREE HUNDRED SIXTY (360) DAY YEAR.
NO THIRD PARTY WILL HAVE RIGHTS OR CLAIMS AGAINST THE BANK AND ITS SERVICE PROVIDERS UNDER THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
24. Indemnification
Business Customer(s) and its Authorized Users will defend, indemnify and hold harmless Bank and its Service Providers against, and in respect to, any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (i) the processing of any request received by Bank through the Service, (ii) any breach of the provisions of this Agreement (iii) any request for stop payment; (iv) any dispute between you and any third party in connection with the use of the Service; and (v) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney's fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.
25. Alterations and Amendments
This Agreement, applicable fees, and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you with a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.
26. Address, E-mail, or Payment Account Changes
When you enroll in the Service, we may send you a 'Welcome' e-mail. We will also send you e-mails and/or secure messages through the Service regarding important Digital Banking and Bill Payment matters and/or changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this information to you.
It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made either within the Service in the User Services menu or by contacting our Customer Care Team at Bank, P.O. Box 10, 5 East 5th Street, Fulton, MO, 65251. Any changes to your Eligible Account(s), Payment Account, or Billing Account should also be made in accordance with the procedures outlined above.
We are not responsible for any processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
27. Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service, please contact our Customer Care Team or send us a secure email through the Service.
Any Bill Payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments, including automatic payments, will not be processed once the Service is cancelled. You will remain responsible for any fees associated with the Service prior to the effective cancellation date.
We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Access to our Service may be cancelled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Digital Banking or Bill Payment activity for a period of 6 consecutive months, access may automatically terminate.
After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transactions. In order to request reinstatement of the Service, you must call our Customer Care Team.
28. Exclusions of Warranties and Limitation of Damages
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA THE SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.
WE ARE NOT RESPONSIBLE FOR AND YOU AGREE TO HOLD US HARMLESS FROM ANY DAMAGES, LOSSES, COSTS, ERRORS, FRAUDULENT TRANSACTIONS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF OR IN CONNECTION WITH ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE, OR YOUR FAILURE TO OBTAIN ADEQUATE ONLINE/DIGITAL SECURITY HARDWARE AND SOFTWARE, NOR WILL WE BE RESPONSIBLE FOR ANY COMPUTER VIRUSES THAT AFFECTS YOUR COMPUTER OR SOFTWARE WHILE USING THE SERVICE. IN ADDITION, WE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY ACCESS OR ATTEMPTED ACCESS TO YOUR COMPUTER OR SOFTWARE WHILE USING THE SERVICE OR OUR WEBSITE.
WE ARE NOT RESPONSIBLE AND YOU AGREE TO HOLD US HARMLESS FOR SECURITY BREACHES CAUSED BY OR ARISING FROM A BREACH OF YOUR COMPUTER SYSTEM, INTERNET PROVIDER OR YOUR MOBILE DEVICE CARRIER.
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATION, AND OPERATION OF YOUR COMPUTER INCLUDING BUT NOT LIMITED TO THE USE OF UPDATED ANTI-VIRUS PROTECTION.
NEITHER BANK NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, FRAUDULENT TRANSACTIONS, DELETIONS, FAILURES, OR DISCLOSURE OF PERSONAL OR BUSINESS ACCOUNT INFORMATION THAT MAY OCCUR AS A RESULT OF ANY VIRUS, TROJAN, SHARED PASSWORD, OR MALFUNCTION OF YOUR COMPUTER OR SOFTWARE OR YOUR FAILURE TO ADEQUATELY MAINTAIN AND SECURE YOUR COMPUTER AND SOFTWARE.
THE FOREGOING SHALL CONSTITUTE BANK AND ITS SERVICE PROVIDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL BANK OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS? FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.
29. No Unlawful or Prohibited Use
As a condition of using the Service, you represent and warrant to us that you will not use Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation.
You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the service or interfere with any other party's use and enjoyment of the service. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided through the Service or further disclose or use any such materials or information improperly obtained. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
30. Assignment
You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
31. No Waiver
Bank and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
32. Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
33. Disputes
In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of Bank and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
34. Waiver of Trial by Jury
When allowed by the State of Missouri, the parties hereby knowingly, voluntarily, and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this Agreement.
35. Ownership of Material
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by the Bank and/or its Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
36. Governing Law and Relation to Other Agreements
Accounts and services provided by the Bank may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.
This Agreement will be governed by and interpreted in accordance with federal laws and regulations, and to the extent there is no applicable federal law or regulation, by the laws of the State of Missouri, provided however, that any dispute solely between you and our Bill Payment Service Provider shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflicts of law provisions.

Proceed with Enrollment for the Service.
By clicking on the "Accept" button below you represent that you are the owner of an Eligible Account to be enrolled in the Service and/or have been authorized by the owner to enroll for the Service. Clicking on the "Accept" button also indicates your acceptance of the terms and conditions of this Agreement in this electronic format.
(If you do not agree, choose Cancel below.)