Bill Payment Services Terms and Conditions

TERMS AND CONDITIONS
These Terms and Conditions are collectively referred to throughout this document as the “Agreement”. Other terms used throughout this document are here after defined as follows: “Bank ” means Jackson County Bank; “You”, “Your”, “My”, “Me”, “Applicant”, and “Customer” means legal account holder(s) of the primary account; “Primary Account” means your checking account you indicated on your application and from which all NetBanc charges will be made; “Business Day” means Monday through Friday, excluding Federal holidays; “Normal Customer Service Hours” means 8:30 a.m. to 4:30 p.m. Eastern Standard Time on any Business Day. “Fee Schedule” means Jackson County Bank’s Consumer Services and Fees Schedule.

All instructions delivered by NetBanc access will be deemed to be my written authorization to charge or credit my accounts for transactions indicated and such transactions are subject to the Terms and Conditions governing NetBanc and Bill Payment Services if applicable. All accounts and transactions are also subject to Bank Terms and Conditions and Fee Schedules for such accounts or transactions. I agree that Bank may deliver any and all disclosures required by law to be made to me electronically and/or by mail.

APPLICATION ACCEPTANCE
Bank will e-mail the Applicant upon receipt of this application. Upon verification and approval of this application by Bank, you will be e-mailed as to Bank acceptance. In addition, Bank will mail a Welcome Kit to the address maintained on Bank host system. It will include all information needed to access your accounts via the Internet,

APPLICATION DENIAL
Bank will send a denial via the US Postal Service if an invalid e-mail address is contained on the application. Bank will e-mail you the denial of this application for either of the following reasons:

No active checking or savings account;
Social security number, mailing address, primary account number, and/or name do not match Bank records.

PASSWORD AND SECURITY
You agree not to give or make available your NetBanc password or other means to access your account to any unauthorized individuals. If you permit other persons to use your NetBanc password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your NetBanc password or other means to access your account has been lost or stolen or that someone may attempt to use NetBanc without your consent or has transferred money without your permission, you must notify Bank at once by calling 812-522-3607 during Normal Customer Service Hours.

ERRORS RESOLUTION NOTICE
In case of errors or questions about your electronic transactions, you should as soon as possible:

Telephone Bank at 812-522-3607 during normal customer service hours;
E-mail Bank at netbanc@jcbank.com; or,
Write Bank at:
Jackson County Bank
C/O Electronic Banking Department
P.O. Box 1001
Seymour, Indiana 47274

If you think that your statement is incorrect or you need more information about a transaction listed on the statement, Bank must hear from you no later than sixty days (60) after you received the first statement on which the problem or error appeared.

You must:

Tell Bank 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; and,
Tell Bank the dollar amount of the suspected error.

If you tell Bank verbally, Bank may require that you send your question or complaint in writing within ten (10) Business Days after your verbal notification. Bank will tell you the results of our investigation within ten (10) Business Days after Bank hears from you, and will correct any error promptly. If Bank needs more time; however, Bank may take up to forty-five (45) days to investigate the complaint or question. If Bank decides to do this; Bank will provisionally credit your Primary Account within ten (10) Business Days for the amount you think is in error, so that you may have the use of the money during the time it takes Bank to complete its investigation. If Bank asks you to put your complaint or question in writing and Bank does not receive it within ten (10) Business Days, Bank may not provisionally credit your Primary Account. If Bank decides there were no errors; Bank will mail you a written explanation within three (3) Business Days after Bank completes the investigation. You may ask for copies of documents, which Bank used in its investigation. Bank may revoke any provisional credit provided to you if Bank finds that an error did not occur.

Bank has no liability to re-credit the customer’s account if Bank is not notified within the times specified in this section.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is Bank’s general policy to treat your account information as confidential. However, Bank 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;
In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
To a “Consumer Reporting Agency” as defined in Bank’s Privacy Policy for research purposes only;
If Bank closes your account because it has been maintained in an unsatisfactory manner;;
In order to comply with a governmental agency or court orders;
In order to comply with a subpoena: or,
If you give Bank your written permission.

CHARGES
There is no charge for Bank’s NetBanc product. There may be a charge for additional transactions, other account options and other optional services as described in Bank’s fee schedule which will continue to apply. You agree to pay such charges and authorize the Bank to charge your designated Primary Account for these amounts and any additional charges that may be incurred by you. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

ALTERATIONS AND AMENDMENTS
This Agreement and Fee Schedule may be altered or amended by Bank from time to time. In such event, the Bank shall send notice to you at your address as it appears on the Bank's records. Further, the Bank may, from time to time, revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Bank reserves the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material and limit access to the Bank 's more recent version.

ADDRESS OR BANKING CHANGES
You agree to promptly notify in writing the Bank’s Customer Service Department of any address change, including any email address changes. Additionally, you agree to notify the Customer Service Department in writing at least ten (10) Business Days in advance of any change in your Primary Account status.

TERMINATION OR DISCONTINUATION
In the event you wish to discontinue NetBanc, you must contact the Bank’s Electronic Banking Department in writing. Such notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuance date and must be sent to:

Jackson County Bank
C/O Electronic Banking Department
P.O. Box 1001
Seymour, Indiana 47274

Bank may terminate NetBanc service to you at any time and/or revoke your right to use the NetBanc system. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.

TERMS AND CONDITIONS
All references to the ”Service” reflect the bill payment service provider with whom Jackson County Bank partners to offer Bill Payment service through its online banking product, NetBanc. These Terms and Conditions are collectively referred to throughout this document as the ”Agreement”. Other terms used throughout this document are hereafter defined as follows: ”Bank” means Jackson County Bank; ”Payee” means the person or entity to whom you wish a bill payment to be directed; ”Payment Instruction” means 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 payment date); ”You”, ”Your”, ”My”, ”Me”, ”Applicant”, and ”Customer” means legal account holder(s) of the primary account; ”Primary Account” means your checking account you indicated on your application and from which all NetBanc/Bill Pay Service charges will be made; ”Business Day” means Monday through Friday, excluding Federal holidays; ”Scheduled Transmit Date” means the Business Day of your choice upon which your bill payment will begin processing and your Primary Account will be debited; and, ”Cutoff Time” means 11 PM Eastern Standard Time on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day; ”Normal Customer Service Hours” means 8:30 a.m. to 4:30 p.m. Eastern Standard Time on any Business Day; ”Fee Schedule” means Bank’s Consumer Services and Fees Schedule.

By providing the Service with the names and account information of those Payees to whom you wish to direct payment, you authorize the Service to follow the Payment Instructions that it receives through the payment system. When the Service receives a Payment Instruction, you authorize the Service to debit your Primary Account on the selected Scheduled Transmit Date and remit funds to the Payee on your behalf.

The Service will attempt to verify all Payee information prior to processing of the first scheduled payment to said Payee. In order to verify information, Service requires 3 business days to make contact with the Payee in an attempt to verify the following: preferred payment processing method, remittance address, account numbering scheme, and if applicable to acquire an ACH remittance agreement. The Service will process the first scheduled payment to the payee regardless of the outcome of contact attempts. For this reason, You are responsible for ensuring that all information provided to the Service is accurate and up to date. The Service will not be liable for penalties of any kind which were incurred by You due to processing of a payment per Your Payment Instruction if instruction provided by You is inaccurate. All payments processed thereafter, will be guaranteed delivered by the date displayed in the Deliver By field relative to said Payee’s Payment Instruction. When the Scheduled Transmit Date is chosen, the Bill Pay system will display the Deliver By date in the corresponding field. The Service offers the following comprehensive payment guarantee for payments up to $25,000 or per payment limit as defined by Bank.

If a properly scheduled payment is not received and posted on time by the Payee and You notify the Service via secure message or the toll free number, Service will attempt to have any late fees or assessed finance charges removed. (Finance charges are calculated based on Your payment amount rather than entire balance.) If the Payee is unwilling or unable to remove them, Service will pay the fees and finance charges directly to the Payee. In addition, Service will attempt to have Your Payee account noted appropriately to ensure that the situation does not negatively impact Your credit rating. (NOTE: Please refer to Electronic Funds Transfer Disclosure for important information on the limitations of reimbursable fees and finance charges.)

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:

The payment was scheduled to be delivered on or before the due date of Your bill, excluding any grace periods. (The one exception to this guideline is that mortgage payments may be scheduled so that the payment is sent on or before the due date, excluding grace periods. For example, a mortgage payment due on July 1st, with a 15-day grace period, must have a “Send On” (Scheduled Transmit) Date no later than July 1st.)
The payment was not made to an excluded Payee:
- Unprocessed payments due to debit failures,
- Payments to settle securities transactions,
- Payments to payoff special or delayed financing for purchases, or
- Payments to credit counseling agencies who pay creditors on your behalf.
The payment was not made to a prohibited Payee. Payments to the following Payees are not permitted:
- Payments to Payees outside of the United States ,
- Court-ordered payments such as alimony, child support, speeding tickets, etc.
- Tax entities
- Collection agencies
The information supplied by You is correct (Payee name and address, Your name and account number as it appears on the Payee’s records).
Your Primary Account contains sufficient funds to complete the transaction and the transaction will not exceed the available funds balance of Your Primary Account.
The transaction(s) you directed to pay exceed the limits for such transactions. The transactions may not exceed the limitation of $9,999 per transaction up to $99,999 per day as defined by Bank.
The payment has not been scheduled during a period of time when The Service’s bill payment processing center is not working properly or is unavailable and you were previously advised by the Service about the malfunction or unavailability before executing the transaction.
If the funds in your Account are not subject to legal process or other encumbrance restricting such transactions.
No error was caused by a system outside the control of the Bank or the Service, such as your Internet Service Provider.
No circumstances beyond the Service's control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid said circumstances.

A bill payment is “In Process” starting at the Cutoff Time on the Business Day prior to the Scheduled Transmit Date and continuing up to the next Business Day after the Scheduled Transmit Date. A bill payment is a “Pending Payment” from the time you enter Payment Instructions until the payment is “In Process.” A bill payment is considered “Completed” on the next Business Day after the Scheduled Transmit Date. You may delete or edit portions of a Pending Payment (including recurring payments) by following the directions within Bill Pay’s Help function. There is no charge for canceling or editing a Pending Payment. Service may not have a reasonable opportunity to act on any cancellation order given after a payment is In Process and it is not possible to cancel a payment which is completed. If you desire to cancel or stop any payment, which is In Process, you must call the Bank’s Bill Pay Customer Service at 800-749-5289. Although Service will make every effort to accommodate your request, neither Bank nor Service will be liable for failing to cause the requested actions to occur.

LIMITATION OF LIABILITY
THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE USE OR MAINTENANCE OF THE SERVICE.

EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS”. JACKSON COUNTY BANK DISCLAIMS ANY AND ALL WARRANTIES, OF ANY KIND OR NATURE, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PROHIBITED PAYMENTS
The following payments are prohibited:

Payments to governmental agencies including but not limited to the Internal Revenue Service;
Payments to any state or local tax authorities;
Court ordered payments;
Payments to collection agencies; and,
Payments to Payees outside of the United States.

PASSWORD AND SECURITY
You agree not to give or make available your Bill Pay Service password or other means to access your account to any unauthorized individuals. You are responsible for all bill payments you authorize using the Service. If you permit other persons to use the Service or your Bill Pay Service password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your Bill Pay Service password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transacted a payment without your permission, you must notify the Service at once by calling 800-749-5289. Bill Pay Support is available 24 hours per day.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you notify Bank, per “Errors Resolution Notice”, within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, you can lose no more than $50.00 if someone uses your password or other means to access your account without your permission. If you do not notify Bank, per “Errors Resolution Notice”, within two (2) Business Days after you learn of such loss or theft, and Bank can prove that Bank could have prevented the unauthorized use of your NetBanc password or other means to access your account if you had told Bank, you could lose as much as $500.00. If your monthly statement contains transfers that you did not make, notify Bank, per “Errors Resolution Notice”, at once. If you do not notify bank, per “Errors Resolution Notice”, within sixty days (60) after the statement was mailed to you, you may lose any amount transferred without your authorization after the sixty days (60) if Bank can prove that Bank could have stopped someone from taking the money had you told Bank in time. If a good reason (such as a long trip or a hospital stay) prevented you from notifying Bank, per “Errors Resolution Notice”, Bank, at its sole discretion, may extend the period.

ERRORS RESOLUTION NOTICE
In case of errors or questions about your Bill Pay Service transactions, you should:

Telephone Bank at 800-749-5289 24 hours per day, 7 days per week;
E-mail Bank at netbanc@jcbank.com; or,
Write Bank at:

Jackson County Bank
C/O Electronic Banking Department
P.O. Box 1001
Seymour, Indiana 47274

You must:

Provide Bank your name and Primary 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; and,
Provide Bank the dollar amount of the suspected error.

If you provide an error resolution notice verbally, Bank may require you send your complaint in writing within ten (10) Business Days after your verbal notification. Bank will notify you of the results of Bank’s investigation within ten (10) Business Days after Bank hears from you, and will correct any error promptly. If Bank needs more time, however, Bank may take up to forty-five (45) days to investigate the complaint or question. If Bank decides to do this, Bank will provisionally credit your Primary Account within ten (10) Business Days for the amount you think is in error, so that you may have the use of the money during the time it takes Bank to complete its investigation. If Bank asks you to put your complaint or question in writing and Bank does not receive it within ten (10) Business Days, Bank may not provisionally credit your Primary Account. If Bank decides there was no error, Bank will mail you a written explanation within three (3) Business Days after Bank completes its investigation. You may ask for copies of documents, which Bank used in its investigation. Bank may revoke any provisional credit provided to you if Bank finds that an error did not occur.

Bank has no liability to re-credit the customer’s account if Bank is not notified within the times specified in this section.

Where it is necessary for completing transactions;
In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
To a consumer reporting agency for research purposes only;
If Bank closes your account because it has been maintained in an unsatisfactory manner;
In order to comply with a governmental agency or court orders;
To comply with a subpoena; or,
If you give Bank your written permission.

CHARGES
You may be charged a fee for Bill Pay Service access. This fee may be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services as described in Bank’s Fee Schedule. You agree to pay such charges and authorize the Bank to charge your designated Primary Account for these amounts and any additional charges that may be incurred by you. Any fees defined by Bank’s Fee Schedules associated with your accounts or activity will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

ALTERATIONS AND AMENDMENTS
This Agreement and Fee Schedule may be altered or amended by the Bank from time to time. In such event, the Bank shall send notice to you at your address as it appears on the Bank's records. Any use of the Service after the Bank sends you a notice of change will constitute your agreement to such change(s). Further, the Bank may, from time to time, revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Bank reserves the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material and limit access to the Bank's more recent version.

ADDRESS OR BANKING CHANGES
You agree to promptly notify in writing the Bank’s Customer Service Department of any address change, including a change of email address. Additionally, you agree to notify the Bank’s Customer Service Department in writing at least ten (10) Business Days in advance of any change in your Primary Account.

TERMINATION OR DISCONTINUATION
In the event you wish to discontinue the Service, you must contact the Bank’s Electronic Banking Department in writing. Such notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuance date and must be sent to:

Jackson County Bank
C/O Electronic Banking Department
P.O. Box 1001
Seymour, Indiana 47274

The Bank may terminate service to you at any time and/or revoke your right to use the system. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.

PAYEE LIMITATION
Bank reserves the right to refuse to pay any Payee to whom you may direct a payment. Bank is obligated to notify you promptly if it decides 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.

INFORMATION AUTHORIZATION
Your enrollment in The Service may not be fulfilled if Bank cannot verify your identity or confirm all other necessary information. Through your enrollment in The Service, you agree that Bank reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that Bank reserves the right to obtain financial information regarding your account from a Payee or financial institution to resolve payment-posting problems.

DISPUTES
In the event of a dispute regarding The Service, you and Bank 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 Bank, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and Bank relating to the subject matter of this Agreement. If there is a conflict between what an employee of The Service or Bank’s Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT
You may not assign this Agreement to any other party. Bank may assign this Agreement to any successor or affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER
Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Bank. No delay or omission on the part of Bank 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.

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.

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflicts of laws provisions.