Bill Payment Terms and Conditions

As a user of Farmers State Bank’s Bill Payment service accessed through Ibanking, you authorize the Bank to post payment transactions generated by Online Bill Pay Service to the account(s) authorized and setup by you to pay utilizing the Online Bill Pay Service. You understand and agree that you are in full control of your checking accounts from which bill payments will be debited. Farmers State Bank, and any other entities involved in the payment system, cannot guarantee the time any payment will reach any of your creditors. Proper crediting of payment amounts is dependent on the account/vendor information provided by you. Providing correct address and account information will ensure timely delivery of payments.

With Bill Payment, you can schedule bills to be paid to any of your creditors. Bill Payment lets you pay anyone in the United States that you would normally pay by check or automated debit. The following exceptions apply to all types of payments: State or federal tax payments, Court-ordered payment, individuals or businesses outside of the United States.

Payments can be scheduled on a recurring basis so they are processed for the same amount at the frequency you specify. Payments can also be scheduled with a single frequency, thereby only submitting one payment. Regardless of which option you choose, please be aware of the following time constraints for each processing method to be sure that your payments will be made on time and to ensure you have sufficient funds to make your payment on the day the funds will be deducted from your account.

Payments can be sent from the Bill Payment system electronically or as a paper check, depending upon your creditors (payees) ability to receive funds electronically. Farmers State Bank has no control if your payment will be sent electronically or as a paper check. There will be no payments that process on a Saturday, Sunday or a federal holiday.

Electronic Payment Processing

Payments that are sent electronically will be deducted from your account on the Payment Date. FSB recommends setting the Payment Date for electronic payments at least three (3) business days prior to the Payment Due Date. "Due Date" is the date reflected on your Biller statement for which the payment is due. It is not the late date or grace period. Funds for electronic payments must be available in your account on the Payment Date in order for the payment to be processed.  We will not be obligated to make a payment on the scheduled payment date unless your designated account has sufficient collected funds (If you have a pre-approved source of overdraft protection with available funds or credit, funds will be transferred accordingly). We reserve the right, without liability, to reject or reverse a payment.  You are responsible for any applicable overdraft charges and other applicable fees we may impose.

Paper Check Processing

Payments that are sent as a paper check will be processed (mailed) on the Payment Date. Because paper check payments may take up to seven business days to reach certain third party payees (for example, your church, local plumber, or cleaning service), FSB recommends setting the payment process date seven business days ahead of the Payment Date. Do not include grace periods. Farmers State Bank’s Bill Payment processor will print the paper checks on your behalf and mail the check to the address you.ve supplied in the Payee setup. Funds for paper check payments must be available in your account on the Payment Date in order for the payment to be processed.  We will not be obligated to make a payment on the scheduled payment date unless your designated account has sufficient collected funds (If you have a pre-approved source of overdraft protection with available funds or credit, funds will be transferred accordingly). We reserve the right, without liability, to reject or reverse a payment.  You are responsible for any applicable overdraft charges and other applicable fees we may impose.

FSB is not responsible for problems associated with late Bill Payment payments, such as alleged harm to your credit standing or late fees, unless the payment is late because we failed to follow your timely and accurate payment instructions. We will not be responsible for inaccurate posting of payments by payees, items lost or mis-delivered by the postal service, your failure to provide timely and accurate instructions, or other causes outside our reasonable control. If you experience harm to your credit standing as a result of our bill payment processing error, our responsibility is limited to working with your creditor to correct any negative information reported about you to credit bureaus.

Farmers State Bank will process bill payment requests only to payees as authorized by you. We are not responsible for and may not process a bill payment request if the required transaction information is incomplete.

Once a payment has been made consistent with your instructions, it is final and cannot be revoked. You must resolve any disputes, including disputes about failure to correctly credit your payments, directly with the payee.

If you contact us before the payment is withdrawn from your account, we can stop the payment. Any efforts to stop a payment after this time is solely an accommodation to you cannot be guaranteed and we will not be responsible if we fail to stop the payment. There may be a charge for stop payments that you request. Please see the truth in savings disclosure on our website. www.fsb1879.com. By using Bill Payment, you agree to the terms of this Agreement.

Remote Deposit Capture User Agreement (“Agreement”):

This Agreement contains the terms and conditions for the use of FSB’s Remote Deposit Capture services that Farmers State Bank (“FSB”, “us” or “we”) may provide to you (“you” or “User”). Other agreements you have entered into with FSB, including the Depository Agreement and Disclosures governing your FSB account, are incorporated by reference and made a part of the Agreement.

  1. Services.  The remote deposit capture services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market accounts from your mobile device by taking a picture from your smart phone once logged into FSBs Mobile Baking application.  There is currently no charge for the Services.
  2. Acceptance of these Terms.  Your use of the Services constitutes your acceptance of this Agreement.  This Agreement is subject to change from time to time.  We will notify you of any material change via e-mail or on our website(s) by providing a link to the revised Agreement.  Your continued use of the Services will indicate your acceptance of the revised Agreement.  Further, FSB reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services.  Your continued use of the Services will indicate your acceptance of any such changes to the Services.
  3. Limitation of Service.  When using the Services, you may experience technical or other difficulties.  We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur.  Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice.  We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
  4. Eligible items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”) at www.fdic.gov.   You agree that the image of the check transmitted to FSB shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Iowa. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
    a.  Checks or items payable to any person or entity other than you.
    b. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
    c. Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
    d. Checks or items previously converted to a substitute check, as defined in Reg CC.
    e. Checks or items drawn on a financial institution located outside the United States.
    f. Checks or items not payable in United States currency.
    g. Checks or items dated more than 6 months prior to the date of deposit.
    h. Checks or items prohibited by FSB’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your FSB account.
  5. Image Quality.  The image of an item transmitted to FSB using the Services must be legible.  The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house association.  (FSB reserves the right to reject any check image that is not clear, skewed, or that is suspicious in any manner.)
  6. Endorsements and Procedures.  You agree to restrictively endorse any item transmitted through the Services as “For deposit only, account #_____________” and your signature or as otherwise instructed by FSB.  You agree to follow any and all other procedures and instructions for use of the Services as FSB may establish from time to time.
  7. Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you.  We are not responsible for items we do not receive or for images that are dropped during transmission.  An image of an item shall be deemed received when you receive a confirmation from FSB that we have received the image.  Receipt of such confirmation does not mean that the transmission was error free or complete.
  8. Items Returned Unpaid.  A notice will be sent to you of transactions we are unable to process because of returned items. With respect to any item that is transmitted from you for remote deposit that is credited to your Account, in the event such item is dishonored, you authorize us to debit the amount of such item from the Account.  Check images that are returned for image quality adjustments will have to be submitted in paper to FSB upon receipt of notice of such, to be physically reprocessed; they may not be re-scanned.
  9. Email Address. You agree to notify us immediately if you change your email address, as this is the email address where we will send notifications of receipt of remote deposit items.  
  10. Availability of Funds.  You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. If the image of the item(s) that you transmit through the Remote Deposit Capture Service is received before 5:00pm CST on a business day that we are open, we will consider that day to be the day of your deposit.  However, if you make a deposit after our cut-off hour or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
    In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit.  The first $225.00 of your deposit, however, may be available on the first business day after the day of your deposit.  If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit.  We will also tell you when the funds will be available. If you deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the business day after we receive your deposit. If you need the funds from a deposit right away, you should ask us when the funds will be available.
  11. Disposal of Transmitted Items.  Upon your receipt of a confirmation from FSB that we have received the image of any item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item (shred) after 30 days to ensure that it is not represented for payment.  And, you agree never to represent the item.  
  12. Providing Scanned Document to the Bank. Within the first 30 days, upon request, the bank may require that you present the physical check.  At that time, you will promptly provide any retained item, or a sufficient copy of the front and back of the item, to FSB as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for FSB’s audit purposes.
  13. Deposit Limits.  We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.  
  14. Business Day and Availability Disclosure.  You understand the Services are available Monday through Friday between 8:30 a.m. to 5:00 p.m. CST, except during holidays, any other day we are not open for business, or such other hours as established by us from time to time.  Transmissions processed after these business hours on a business day, or on any other day that is not a business day are treated as occurring on the next business day.  
  15. Hardware and Software.  In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software. This would include a cellular device- iphone or android to download, use and accept the terms and conditions of the Mobile FSB Ibanking app.  FSB is not responsible for any third party software you may need to use the Services.  Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.  
  16. In Case of Errors.  In the event that you believe there has been an error with respect to any original check or image thereof transmitted to us for deposit or a breach of this Agreement, you will immediately contact us, and in no event later than 60 days after the applicable FSB Account statement, regarding such error or breach as set forth below:
    Telephone: 877-372-1879
    Email: Bank@fsb1879.com
    Or write: Farmers State Bank
    131 Tower Park Drive Suite 100
    Waterloo, IA  50701
  17. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in FSB’s sole discretion subject to the Depository Agreement and Disclosures governing your account.
  18. Ownership & License.   You agree that FSB retains all ownership and proprietary rights in the Services, associated content, technology, and website(s).  Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement.  Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to FSB’s business interest, or (iii) to FSB’s actual or potential economic disadvantage in any aspect.  You may use the Services only for non-business, personal use in accordance with this Agreement.  You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.  
  19. Change in Terms.  We may change the terms and charges for the Services indicated in this Disclosure and Agreement by notifying you of such change and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time.  My use of the Services after receipt of notification of any change by us constitutes my acceptance of the change.
  20. Termination of the Services.  You may, by written request, terminate the Services provided for in this Disclosure and Agreement.  At our sole discretion we may revoke your privilege of using the Services at any time due to fraud, negative account balances, submitting checks not endorsed, checks not being deposited into the appropriate account holders account, dispute resolutions, etc.  In the event of termination of the Services, you will remain liable for all transactions performed on your Account.
  21. Relationship to Other Disclosures.  The information in these Disclosures applies only to the Services described herein.  Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of the Account.
  22. Governing Law.  You understand and agree that this Disclosure and Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the laws of the State of Iowa notwithstanding any conflict-of-laws doctrines of such state of other jurisdiction to the contrary.  You also agree to submit to the personal jurisdiction of the courts of the State of Iowa.  
  23. DISCLAIMER OF WARRANTIES.  YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  WE MAKE NO WARRANY THAT THE SERVICES (ii) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVCIES OR TECHNOLOGY WILL BE CORRECTED.
  24. LIMITATION OF LIABILITY.  YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWELL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FSB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.  
  25. User warranties and indemnification.  You warrant to FSB that:
    a. You will only transmit eligible items.
    b. Images will meet the image quality standards.
    c. You will not transmit duplicate items.
    d. You will not deposit or represent the original item.
    e. All information you provide to FSB is accurate and true.
    f. You will comply with this Agreement and all applicable rules, laws and regulations.

    You will agree to indemnify and hold harmless FSB from any loss for breach of this warranty provision.

Regulation E- Electronic Funds Transfer Agreement and Disclosure

This agreement and disclosure is made in compliance with federal law regulating electronic funds transfer (EFT) services.  Electronic funds transfers are electronically initiated transfer of money involving an account at the Financial Institution.  The following disclosures set forth your and our rights and responsibilities concerning the electronic funds transfers.  In this Agreement, the words “you” and “your” mean those who sign as applicants or any authorized user (s). The words “we”, “us:” and “our” mean the Financial Institution.

Farmers State Bank Ibanking

Types of Transactions: You may access certain account(s) you maintain with us at www.fsb1879.com by computer or phone using your assigned user id, random code, challenge questions, and password. You may use the online banking service to perform the following functions:

  • Transfer funds between eligible accounts
  • Obtain Balance information on eligible accounts.
  • Review transactions on eligible accounts.
  • Make loan payments
  • Advance funds from credit line
  • Online bill payment
  • Request to open a new account or a loan
  • Consumer Remote Deposit Capture- taking a picture of a check for deposit through FSB’s mobile app

Limitations on Frequency and Amount: For security purposes, there are limits on the frequency and amount of transfers you may make using this Online Banking Service

Fees and Charges for Online Service: There is no charge for banking online with us.  

Account to Account-External Transfers Agreement:

This Agreement sets out the terms and conditions (the "Terms") on which our service provider and Farmers State Bank will provide and you may use the Service and forms part of a legally binding agreement between you and Farmers State Bank.  When you click on the "I Agree" button, you agree to accept the Terms, including any amendments to this Agreement or any changes in the Terms. Your application may be accepted or declined by our service provider and/or Farmers State Bank based on specific criteria. If you do not agree to all of the Terms, click on the "I Disagree" button. If you do not accept and agree to all of the Terms, you will not be entitled to use the Service. Farmers State Bank reserves the right to change the Terms under which the Service is offered in its sole discretion at any time; however, Farmers State Bank will notify you of any material change to the Terms. In most cases, you will receive the notice online the next time you log in; however, Farmers State Bank reserves the right to notify you by email or by conventional mail, in its discretion. You agree that if you continue to use the Service after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. You may also request an updated copy of the terms and conditions by emailing bank@fsb1879.com at anytime.  “If you do not agree to the changes, or if at any time you wish to discontinue your use of the Service, you can send an email to bank@fsb1879.com or, if you prefer, you may send a registered or certified letter to Farmers State Bank, 131 Tower Park Drive Suite 100, Waterloo, IA 50701. Once your account with Farmers State Bank has terminated for any reason, you will have no further right or access to use the Account to Account Service. To use the Account to Account Service you must be at least eighteen (18) years old and be a resident of the United States.

Information Authorization

Once you are approved for the Account to Account Service we may verify your Accounts that you add to the Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be both credited to and debited from the Account. The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.

Once the test transfer is complete we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts through requiring the entry of information you ordinarily use to access the Account provider's web site, or by requiring you to submit proof of ownership of the Account.

User Content

Subject to Farmers State Bank’s Privacy Policy, you agree that Farmers State Bank may use, copy, modify, display and distribute any information, data, materials or other content (the "Content") you provide to Farmers State Bank for the purpose of providing the Service, and you hereby give Farmers State Bank a license to do so. By submitting Content, you represent that you have the right to license such Content to Farmers State Bank the purposes set forth in this Agreement.

Accounts

You understand that in order to complete transfers, it is necessary for Farmers State Bank and our service provider to access the websites and databases of your bank and other institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and effect the funds transfers you request. By using the Service, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to effect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party rights. You warrant and represent that the information you are providing us with is true, current, correct and complete. You hereby authorize and permit Farmers State Bank and our service provider to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the Accounts.

For as long as you are using the Service, you give to Farmers State Bank and our service provider a limited power of attorney and appoint Farmers State Bank and our service provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Accounts, effect funds transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person. Once Farmers State Bank and/or our service provider has actual knowledge that you wish to cease using the Account to Account Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by Farmers State Bank and/or our service provider in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.

You understand and agree that at all times your relationship with each Account provider is independent of Farmers State Bank and your use of the Account to Account Service.  Farmers State Bank will not be responsible for any acts or omissions by the financial institution or other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.

YOU ACKNOWLEDGE AND AGREE THAT WHEN FARMERS STATE BANK AND OUR SERVICE PROVIDER ARE EFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, FARMERS STATE BANK AND OUR SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that Farmers State Bank, its affiliates, service providers and partners shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.

Each individual may only subscribe one account as acting primary. Individuals with more than one primary account housed at Farmers State Bank will need to choose one account to enroll in the Service.

Not all types of accounts are eligible for funds transfer. Be sure to check with your financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from funds transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.

Business Days

The Service will process requests for transfers on business days. Our business days are Monday through Friday. Holidays are not included. There will be a 5:00p.m. CST transaction cut off on each business day.

Transfer Types and Limitations

Types of Transfers

You may use your enrolled Farmers State Bank account to transfer funds to and from any of your Accounts at other institutions for which you have provided the necessary information to Farmers State Bank.

We may from time to time make available additional or new features to the Service, including but not limited to, a next day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. Please ensure that you have sufficient funds to effect any funds transfers from your Accounts. We may at any time decline to effect any funds transfer that it believes may violate applicable law.

Frequency of Transfers

We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our Service.

Dollar Amount of Transfers

You may not make funds transfers in excess of limits described on the Service. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our Service. Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provided herein (see "Suspension and Reinstatement of Funds Transfer Service" below), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.

Transfers subject to the Rules of the Accounts

Additionally, all funds transfers are also subject to the rules and regulations governing the relevant Accounts. You agree not to effect any funds transfers from or to an Account that are not allowed under the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.

Rejection of Transfers

We reserve the right to decline to effect any funds transfer, to submit funds transfer instructions or orders or to carry out change or cancellation requests.

Authorization

You authorize us to select any means to execute your funds transfer instructions. You understand that to effect your funds transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts or an account of a Recipient. Once your Account has been debited, we credit our service provider's transfer account at the service provider's clearing bank. After our service provider and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases this is usually between 3-4 banking days), our service provider will credit your Account. The sole purpose for our service provider's transfer account is to complete your funds transfer requests and for performing the services within the scope of this Agreement. The service provider earns no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our service provider to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.

You understand and agree that we may from time to time impose additional charges in connection with your funds transfer transactions. Farmers State Bank  will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize Farmers State Bank to debit your account in the amount indicated.

In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement (see "Documentation," below).

You understand and agree that in the event we are unable to execute your funds transfer request utilizing the ACH, we may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or check.

Suspension and Reinstatement of Funds Transfer Service

In the event that we at any time incur a problem with your use of the Service, including without limitation a fail in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect itself from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Agreement (see "Error Reporting and Claims," below). We reserve the right in its sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, Farmers State Bank in its sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see "Dollar Amount of Transfers," above).

Your Responsibility for Errors

You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, Farmers State Bank reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

Error Reporting and Claims

Call us at 319-287-3961 or write us at Farmers State Bank, 131 Tower Park Drive Suite 100 Waterloo, IA 50701 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.  We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

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

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.  We will investigate your complaint and will correct any error promptly.

If we need more time, however, we may take up to 45 business days to investigate your complaint or question.  If we decide to do this, we will recredit your account within ten (10) business days for the amount you think is in error so that you will have 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 ten (10) business days, we may not recredit your account.

If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation.  You may ask for copies of the documents that we used in our investigation.

We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the Account. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.

Means of Transfer

You authorize us to select any means we deem suitable to provide your funds transfer instructions to the applicable financial institution. These choices include banking channels; electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as CHIPS or automated clearing house (ACH) as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period and if any interest is earned will be the property of Farmers State Bank

Our Liability

If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account. Farmers State Bank is not responsible or liable if your financial institution's system fails and we are unable to complete the transfer. Except as otherwise required by law, Farmers State Bank shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Farmers State Bank hereunder.

You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line.

You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a funds transfer or if the Farmers State Bank website was not working properly and you knew about the breakdown when you started the funds transfer.

Limitation of Warranty and Liability

YOU UNDERSTAND AND AGREE THAT OUR ITRANSFERS SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ITRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ITRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON THE FARMERS STATE BANKS WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ITRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ITRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ITRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ITRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ITRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless Farmers State Bank, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from your use of the Account to Account Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your Farmers State Bank account, of any intellectual property or other right of any person or entity.