FREE Personal and Business Internet Banking. Unlimited access includes viewing account balances, access history, transfer funds, view cancelled checks, stop payments, and download transaction history.
FREE Personal and Business Bill Pay. Unlimited payees and payments.
These Terms and Conditions, along with the Guides, as may be amended or replaced, are the agreement ("Agreement") that governs your use of Ozark Bank's Internet Banking Service ("Service"). "Guides" means any user guides, Help files, software or other instructions, including those online, relating to the Service. The Terms and Conditions also contain important disclosures relating to electronic fund transfers made through the Service. "Internet Banking" is online banking conducted via the Ozark Bank website. By subscribing to the Service or using the Service to access Account information, or to make any transfer between Accounts, you agree to the Terms of this Agreement. Access to Account information or transfers between Accounts are referred to as "Transactions." By using any new services that are made available, you agree to be bound by any Terms and Conditions that we communicate to you concerning those services.
"Account(s)" mean the checking, loans, certificate of deposits, regular savings or savings with limited check writing privileges (money market type) accounts with us. You must have an Ozark Bank Account relationship to enroll in the Service. "Deposit Account(s)" mean Accounts that you designate for the deduction of service charges and other fees related to the Service. In our sole discretion, we may refuse to include, or may exclude from continued use, an Account in the Service. The words "we", "us" and "our" refer to Ozark Bank, the bank which holds the Accounts accessed by the Service. The words "you" and "your" refer to each person subscribing to the Service and each person who uses the Service with the permission of the subscriber.
"Business Days" are Monday through Friday. Federal Reserve holidays are not included. You can use the Service on the days and during the hours specified in the Guides, except during maintenance periods. However, we can process Transactions only on Business Days. "Banking Day" means that part of any Business Day on which we are open to the public for carrying on substantially all of our banking functions.
Much of our relationship with you is regulated by State and Federal Law, including the Uniform Commercial Code, and regulations of the Federal Reserve System, and other regulatory agencies and clearinghouse associations. These laws and regulations, as well as the terms of the Agreement, may change from time to time without notice to you unless required by law. Your continued use of the Service following receipt of the Agreement or notice of a change is considered acceptance of the Agreement or change. The agreements that apply to your Accounts with us, including, but not limited to, the Deposit Agreement, Funds Availability Policy and fee schedules, apply to all Transactions made on the Accounts through the Service.
Information Authorization. You agree that we may obtain and review your credit bureau report, from time to time. We may obtain information regarding your accounts with Payees in order to facilitate proper handling and crediting of your payments. You authorize us to provide updated customer information, including, but not limited to, name, address, telephone numbers and e-mail addresses to your Payees.
We encourage you to keep this Agreement for your records. If you have any questions, ask your Ozark Banker.
The Password is for your use and protection. You agree to: (a)change your password no less than every180 days as required (b) not discuss the Password, or other means to access the Service or your Accounts, or otherwise make it available to anyone else; (c) use the Password as instructed in the Guides; (d) immediately notify us of any loss or theft of the Password; and (e) be liable for the Password and for its authorized use and for its unauthorized use as described in this Agreement. Unless you notify us as provided in this Agreement, you acknowledge that we are entitled to rely on the use of your Password as your authorization for any Transaction through the Service. You are responsible for all Transactions you initiate or authorize using the Service. If you permit any other person to use the Service or your Password, you will have authorized that person to access your Accounts and you are responsible for any Transaction that person initiates or authorizes from your Accounts.
We reserve the right to implement additional security procedures, such as limiting the frequency and dollar amount of Transactions from your Accounts for security reasons.
Tell us AT ONCE if your Password, or other means to access the Service or your Accounts, has been lost or stolen. If you believe your Password is subject to unauthorized use or that someone has transferred or may transfer money from your Account without your permission, call or write us at the telephone number and address listed below:
Ozark Bank Internet Banking Customer Service P.O. Box 220 Ozark, MO 65721 1-417-581-2321
Internet Account Access. Upon request, you may use the Service to:
Internet Banking
Funds Availability. Funds are available for transfers in accordance with our Funds Availability Policy.
Limitation on Dollar Amount and Frequency of Transactions. Subject to available Deposit Account balances, funds transfers can be made for any available amount. There are no limitations on the number of Transactions that can be made during any time period to or from any account, except as provided by federal regulations limiting preauthorized transfers. By federal regulation, you are limited during any statement cycle to six preauthorized or automatic transfers (three of which may be by check, draft or similar order) if the Account is a savings or a savings with limited check writing privileges (money market type) account.
Bill Payment Services
Personal & Business Accounts-FREE!
If you designate additional checking accounts for the Bill Payment Service, the same fee structure will apply to each additional account.
Make payments from any of your checking accounts that you designate as your bill payment account. You may designate more than one checking account, however all accounts will be subject to the fee schedule currently in effect for Bill Payment Services.
Payment methods include Electronic Fund Transfer Payments ("EFT Payments"), Person to Person ("P2P" Transfers), Account to Account ("Interbank" Transfers), and paper check payments.
Internet Banking: FREE Personal and Business Internet Banking. Unlimited access includes viewing account balances, access history, transfer funds, view cancelled checks, stop payments, and download transaction history.
Bill Pay:
Personal & Business accounts-free.
We will disclose information to third parties about your Account or Transactions you make:
Periodic Statement. You will receive a monthly Account statement if you have an Account upon which checks may be drawn. You will receive a monthly transcript statement on your regular savings account if there are ACH or ATM Transactions during the month. In any case, you will receive a quarterly savings statement.
If the Service is not available due to malfunction of the system or circumstances beyond our control, you agree to access accounts and pay bills by other means such as a bank branch, ATM, telephone, check, credit or debit card. Customer Service will assist you with these alternate means. We shall not be liable for any expenses you incur as a result of using alternate means of access or payments.
Disclaimer of Warranty and Limitation of Liability – We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the SYSTEM Services provided to you under this Agreement. We do not and cannot warrant the SYSTEM will operate without errors, or that any or all SYSTEM Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to the SYSTEM, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, except as otherwise provided by law, in no event shall the liability of Ozark Bank and its affiliates exceed the amounts paid by you for the services provided to you through the SYSTEM.
Tell us AT ONCE if you believe there has been an unauthorized transaction from your Account or if you discover your Password or other means of access to the Service or your Accounts has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account plus your maximum overdraft line of credit. If you tell us within two (2) Business Days, you can lose no more than $50 if someone deposited, withdrew or transferred funds without your permission. If you do NOT tell us within two (2) Business Days and we can prove we could have stopped someone from transferring funds without your permission if you had told us, you could lose as much as $500. Also, if your Account statement shows Transactions that you did not authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
In cases of errors or questions about your electronic Transactions (refer to your Cardholder Agreement for procedures relating to errors or questions regarding your Accounts):
Call us or write us at the phone number or address listed in this Agreement as soon as you can, if you think your statement is wrong or if you need more information about a Transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared or no later than 60 days after we send the e-mail notification that the FIRST statement on which the problem or error appeared was available online.
If you tell us orally, we may require that you send your complaint or question in writing within 10 Business Days.
Generally, we will tell you the results of our investigation within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will provisionally recredit your Account within 10 Business Days for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not recredit your Account. If notice of an error involves a new account, the applicable time period for acting shall be 90 calendar days in place of 45 days. For new accounts we may take up to 20 business days to credit your account for the amount you think is in error.
If we decide that there was no error, we will send you a written explanation within 3 Business Days after we finish our investigation and will revoke any provisional credit to you Account. You may ask for copies of documents that we used in our investigation.
You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. We shall not be responsible for any adverse consequences whatsoever of your connection to or use of the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
You may terminate your use of the Service at any time by calling or writing Internet Banking Customer Service at the telephone number or address provided in this Agreement. We may terminate your use of the Service, in whole or in part, at any time without prior notice. If you terminate the Service, you authorize us to continue making transfers you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice, not to be less than five (5) Business Days after oral or written notice is received by Customer Service. Once we have acted upon your termination notice, we will make no further transfers from your Account. If we terminate your use of the Service, we reserve the right to make no further transfers from your Accounts. Termination will not affect your liability or obligations under the Agreement.
Except as otherwise provided in the Agreement, all notices required to be sent to you will be effective when we mail or deliver them to your last known mail or e-mail address that we have for you in our records. You agree that we may send or provide by electronic communication any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic messages sent to you and will not attempt to avoid receiving any messages. You are deemed to have received any electronic messages sent to you when they are made available to you. Except as otherwise provided in this agreement, any notice that you send to us must be mailed to the address listed in this Agreement. Such notice is effective when it is actually received by us and we have had a reasonable opportunity to act, not to be less than five (5) Business Days. We may, in our sole discretion, act upon verbal notice from you except with respect to oral
stop payment notices.
This Agreement may be amended from time to time. Unless otherwise required by law, we may amend the Agreement by posting a notice on our website, sending you a copy or a message on your periodic statement, or sending an electronic communication. Your continued use of the Service after the effective date of any amendment, or after a reasonable time not to exceed ten (10) calendar days, if no such date is stated, will constitute your acceptance of the terms of the amendment. We may, from time to time, revise or update the Service or Guides, which may render all prior versions obsolete. We reserve the right to terminate this Agreement as to all such prior version and limit access to only the most recent revisions and updates.
You may not assign the Agreement to any other party. We may assign the Agreement or delegate any or all of our rights and responsibilities under the Agreement to independent contractors or other third parties.
No delay or omission by us in exercising any rights or remedies under the Agreement shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of any other right or remedy. No waiver shall be valid unless signed in writing by us.
The captions of sections of the Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions.
The Agreement is the complete and exclusive agreement between you and us relating to the Service, which supersedes any prior agreement, oral or written, and any other communications between you and us related to the Service. If there is a conflict between what our employee or employee of a third party to whom we have delegated any of our rights and responsibilities under this Agreement, the terms of this Agreement shall control. In the event of a conflict between the Agreement and the Guides, or any other agreements or disclosures relating to your Accounts, the Agreement shall control.
This agreement shall be governed by the laws of the State of Missouri, without regard to its conflicts of laws provision.
The remote deposit capture services ("Mobile Deposit" or "Services") are designed to allow you to make deposits to your checking, money market checking or savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank's designated processor. The device must capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment.
You must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider. You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time. The Bank is not responsible for any third party software you may need to use the Services. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements. Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service. You accept any such software “as is” and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation. We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits. Our current daily total mobile deposit limit is $10,000 per day, and $100,000 per month. The maximum number of check per day that can be submitted through the Mobile Deposit system is 50 per day, and 200 per month.
You agree to restrictively endorse any item transmitted through the Services as "FOR MOBILE DEPOSIT ONLY, Ozark Bank account #____" or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using the Services.
Cash and coins are not accepted through Mobile Deposit. You may deposit checks only through Mobile Deposit; however, the following types are not accepted:
The image of an item transmitted to the Bank using the Services must be legible and contain images of the front and back of the Check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check).
Mobile deposits initiated before 3:00 p.m. Central Time on a business day are posted to customer’s account the next business day, subject to funds availability. In the event that we receive an image item from you after 3:00 p.m. Central Time, or on a day that is not a business day, the Mobile Deposit is considered as received by us at the opening of the next business day. For the Mobile Deposit program a business day is describe as Monday through Friday, except for holidays observed by the Federal Reserve System. You are responsible for understanding and building into your transmission schedule the changes in transmission windows required by time changes associated with Daylight Savings Time.
You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for remote deposit, you must physically deposit the original Check.
Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Service or by any other means. If you or anyone else present a Check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute check. You agree that we may debit from your Bank account the aggregate amount of any Checks that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion.
Certain eligibility requirements will be considered for initial enrollment, and ongoing activity monitoring will be performed for continued enrollment in the Mobile Deposit Services including, but not limited to: account history of excessive or repeated returned items, repeated violations of mobile deposit limits, duplicate check presentment, incorrect check endorsement, poor image quality, and attempts to deposit ineligible items. Access to the Services may be revoked at any time.
You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree, that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or a substitute check. You may not use the Service to deposit a substitute check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide to you in connection with returned Checks.
The Bank will provide you with periodic statements that will identify the deposits that you make through the Service. In addition, you may access the Bank’s Online Banking service for information about your deposits, return items, deposit adjustments, Checks and other transactions on your accounts. You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Bank and are accurate. Receipt of a Check by the Bank through the Service does not constitute an acknowledgement by the Bank that the Check is error-free or that we will be liable for the Check. You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Bank Account Agreement. You may notify us by e-mailing us at remotedeposit@ozarkbank.com, or writing to Ozark Bank Attention: Deposit Operations P.O. Box 220, Ozark, MO 65721 or telephoning us at (417)581-2321. You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and your Bank Account Agreement shall relieve the Bank of any liability for such error, omission or discrepancy.
In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to the closest Bank location. The deposit of original checks at an office of the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.
After you receive confirmation that we have received an image, you must securely store the original Check for 14 days after transmission to us and make the original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two Business Days, at your expense, the requested original Check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after the 14-day retention period expires, you must destroy the original Check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original Check, the image will be the sole evidence of the original Check. You agree that you will never re-present the original Check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
You agree that we are entitled to act upon instructions we receive with respect to the Service under your user ID, password, test key or other code or authentication method that we require (these components are referred to herein collectively as your “Authentication Method”). You are liable for all transactions made or authorized with the use of your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Bank Account Agreement and this Agreement. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential. You agree to indemnify and release us from any and all liability, and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method. By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service. Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, Checks deposited, Check images, changes to accounts or services or any other communication you provide us through the Service using your Authentication Method.
You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at (417)581-2321 and with written notice at Ozark Bank Attention: Deposit Operations P.O. Box 220, Ozark, MO 65721 if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
As a condition to using the services, you agree that you are solely responsible for the use of the Services and that you will use the Services in accordance with this agreement. You agree not to attempt to circumvent the security features of the services or the system or make any improper or unauthorized transfer of funds from accounts via the services or the system. You agree that you are prohibited from engaging in conduct that would violate the proprietary rights of the owner(s) of the system and the services as well as accessing or using the system or the services in any other unauthorized manner. You agree to be liable to the Bank and its vendors, for any claims, losses, liabilities, damages, expenses or costs arising as a result of the negligent or intentional misuse of the services or the system by you or your authorized users.
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions. Acceptance:
Your use of the services constitutes your acceptance of this agreement. Ozark Bank reserves the right to change the terms for the services described in this agreement by notifying you of such change in writing and we may amend, modify, add to, or delete from this agreement from time to time. Your continued use of the services will indicate your acceptance of the revised agreement.
MEMBER FDIC Effective 4/1/2003 Rev. 03/31/2021
END OF DOCUMENT