STATE BANK & TRUST COMPANY
BankEasy On-Line Agreement

Agreement – This Agreement is a contract that establishes the rules, which cover your electronic access to your accounts at the State Bank & Trust Company, through BankEasy On-Line.  By using our BankEasy On-Line, you accept all the terms and conditions of this agreement.  Please read it carefully.

The terms and conditions of the deposit agreements and disclosures for each of your State Bank & Trust Company accounts as well as your other agreements with State Bank & Trust Company, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.

This Agreement is also subject to applicable federal laws and the laws of the State of Iowa.  If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.  The headings in this agreement are for convenience or reference only and will not govern the interpretation of the provisions.  Any waiver (express or implied) by either party of any default of breach of the Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.  You may not assign this Agreement.  This Agreement is binding upon your heirs and State Bank & Trust Company successors and assigns.  Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation, or expiration of the Agreement.  This Agreement, together with the Enrollment form and posted disclaimer, constitutes the entire agreement between you and the State Bank & Trust Company, with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

Definitions - As used in this Agreement, the words “we”, “our”, “us”, “State Bank & Trust Company”, or “SBT”, mean State Bank & Trust Company.   “You” or “your” refer to the accountholder authorized by the State Bank & Trust Company to use BankEasy On-Line.  “Account” or “accounts” mean your accounts at State Bank & Trust Company.  “Electronic funds transfers” means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your State Bank & Trust Company accounts using BankEasy On-Line including bill payments.  “State Bank & Trust Company, BankEasy On-Line” means the services provided pursuant to this Agreement, including the Bill Payment Service.  “Business Days” mean Monday through Friday.  Holidays are not included.

Access - To use BankEasy On-Line, you must have at least one checking account at the State Bank & Trust Company, access to the Internet service, and an e-mail address.  Once we have received your signed enrollment form, and verified your account information, we will send you confirmation of our acceptance of your enrollment, along with your temporary Access ID and Password.  BankEasy On-Line will be used to access all accounts with which you are an owner. 

BankEasy On-Line Services – You can use BankEasy On-Line to check the balance of your accounts, view account histories, transfer funds between your accounts, order checks, make stop payment requests, or change your address.  You may also pay bills from your accounts in the amount and on the dates you request, once you are approved for Bill Pay.

Hours of Access – You can use BankEasy On-Line seven days a week, twenty-four hours a day, although some or all of BankEasy On-Line services may not be available occasionally due to emergency or scheduled system maintenance.  We agree to post notice of any extended periods of non-availability on the State Bank & Trust Company website; www.sbtcompany.com.

Your Password – For security purposes, you are required to change your password upon your initial login to BankEasy On-Line.  You determine what password you will use, and the identity of your password is not communicated to us.  You agree that we are authorized to act on instructions received under your password.  You accept responsibility for the confidentiality and security of your password.  Upon three unsuccessful attempts to use your password, your access to BankEasy On-Line will be revoked.  To re-establish your authorization to use BankEasy On-Line, you must contact us to have your password reset or to obtain a new temporary password.  We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purpose of security.  Your password should not be associated with any commonly known personal identification, such as social security number, address, date of birth, names of children, and should be memorized rather than written down. 

Security – You understand the importance of your role in preventing misuse of your accounts through BankEasy On-Line and you agree to promptly examine your paper statement for each of your accounts as soon as you receive it.  You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number.  You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your accounts.  Data transferred via BankEasy On-Line is encrypted in an effort to provide transmission security and utilizes identification technology to verify that the sender and receiver of transmissions can be appropriately identified by each other.  Notwithstanding our effort to insure that the BankEasy On-Line system is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others.  We cannot and do not warrant that all data transfers utilizing BankEasy On-Line, or e-mail transmitted to and from us, will not be monitored or read by others.

Posting of Transfers – Transfers initiated through BankEasy On-Line before 4:00 PM (Central Standard Time) on a business day are posted to your account the same day.  Transfers completed after 4:00 PM on a business day, Saturday, Sunday, or banking holiday, will be posted on the next business day.  BankEasy On-Line identifies transfers based upon the Access ID of the user who made the electronic transfer.  You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your account in order to avoid overdrafts.

Overdrafts (Order of Payments, Transfers, and other Withdrawals) – If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:

• Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
• Electronic fund transfers initiated through BankEasy On-Line which would result in an overdraft of your account may, at our discretion, be cancelled;
• In the event the electronic fund transfers initiated through BankEasy On-Line, which would result in overdraft(s) are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

Limits on Amounts and Frequency of BankEasy On-Line Transactions – The number of transfers from State Bank & Trust Company accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts.  If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

BankEasy On-Line Bill Payment Service – You must designate the State Bank & Trust Company account from which the payments are to be made; the complete name of the payee, the account number, and the payee’s remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account.  If the date you designate is not a business day, your account will be debited the next business day after 1:00 PM (Central Standard Time).  By using the BankEasy On-Line Bill payment service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, “no signature required draft”, or by debiting and remitting funds on your behalf.  We reserve the right to refuse to pay any payee designated by you.  If we do so, we will notify you promptly.  The State Bank & Trust Company BankEasy On-Line Bill Payment service is free of charge with no monthly fee. 

Scheduling BankEasy On-Line Payments – If the payee is to be paid by paper check (as indicated on the Bill Payer list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until 2 to 5 days after the date the payment is debited from your account.  You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.

How to cancel a Bill Payment – To cancel a bill payment that you have scheduled through BankEasy On-Line, you must cancel the payment online by following the onscreen instructions, before 1:00 PM (Central Standard Time) on the date the payment is scheduled to be debited from your account.

Stop-Payment Requests – Stopping the payment of a check is different from the cancellation of a bill payment.  Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment which has been paid electronically.  You may be able to stop a BankEasy On-Line bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared.  (You will have to contact us by telephone to determine if the paper draft has cleared.)  If the paper draft has not cleared, we will immediately process your stop-payment request.  We will notify you immediately if the paper draft has already cleared.  To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen.

You may also initiate stop-payment requests online for paper checks you have written (non-electronically) on your State Bank & Trust Company accounts.  These stop-payment requests are processed daily with a cut-off time of 4:00 PM.  Any requests made later than 4:00 PM. will be processed the next business day.  This type of stop-payment request must identify the name of the payee, the check number, the amount, and the date of the check.  If you make your stop-payment request on-line or by telephone, we also require you to put your request in the form of a paper document within 14 days.  You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account.

Disclosure of Account Information and Transfers  - You understand information about your accounts or the transfers you make may automatically be disclosed to others.  For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government.  We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written.  In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly.  We may also seek information about you from others, such as the credit bureau, in connection with opening or maintaining your account or in connection with approving your access to BankEasy On-Line.  You agree and hereby authorize all of these transfers of information.

Periodic Statements – You will not receive a separate BankEasy On-Line Statement.  Transfers to and from your account using BankEasy On-Line will appear on the respective periodic paper statements for your State Bank & Trust Company accounts.

Change in Terms – We may change any term of this Agreement at any time.  If the change would result in increased fees for any BankEasy On-Line service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or electronic fund transfer system.  We will post any required notice of the change in terms on the State Bank & Trust Company website or forward it to you by email or by postal mail.  If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund system, we will notify you of the change in terms within 30 days after the change becomes effective.  Your continued use of any or all of the BankEasy On-Line services indicates your acceptance of the change in terms.  We reserve the right to waive, reduce, or reverse charges or fees in individual situations.  You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

In case of errors or questions about your Electronic Transfers, including Bill Payments – Please contact us as soon as you can, if you think your paper statement is wrong, or if you need more information about a transfer listed on your paper statement.  We must hear from you no later than 60 days after we sent the FIRST paper statement upon which the problem or error appeared.  When you contact us:

• Tell us your name and account number.
• Describe the error or 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.
• Tell us the dollar amount of the suspected error.
• If the suspected error relates to a bill payment made via BankEasy On-Line Bill Payment Service, tell us the account number used to pay the bill, the payee name, the date the payment was sent, the payment amount, ID number, and the payee account number for the payment in questions.  (This information appears on the Payment History screen.)

If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of writing by postal mail or fax within 10 business days.  We will communicate to you the results of our investigation within 10 business days after you contact us and will correct any error promptly.  If we need more time, however, we may take up to 45 days to investigate your complaint or question.  If we decide to do this, we will provisionally credit 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 in the form of a paper writing within 10 business days, we may not provisionally credit your account.

If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation.  You may ask for copies of all documents that we used in our investigation.  If we have made a provisional credit, a corresponding debit will be made from your account.

Our Liability for Failure to Make a Transfer – If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for the losses or damages caused as a result.  However, there are some exceptions.  We will NOT be liable, for instance:

• If, through no fault of ours, you do not have enough money in your account to make a transfer.
• If a legal order directs us to prohibit withdrawals from the account.
• If your account is closed or if it has been frozen.
• If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
• If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
• If any electronic terminal, telecommunication device, or any part of BankEasy On-Line Electronic Fund Transfer System is not working properly and you knew about the problem when you started the transfer.
• If you have not provided us with complete and correct payment information for the Bill Payment service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
• If you have not properly followed the on-screen instructions for using BankEasy On-Line.
• If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.

Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your account without your permission.  An immediate telephone call to us is the best way to reduce any possible losses.  You could lose all the money in your accounts (plus your maximum ready reserve line of credit, if any).  If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.

Also, if your paper statement shows transfers that you did not make, contact us at once.  If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time.  If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.

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 BankEasy On-Line services provided to you under this Agreement.  We do not and cannot warrant that the system will operate without errors, or that any or all online services will be available and operational at all times.  Except as specifically provided in the Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents, or contractors are not liable for any direct, 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 BankEasy On-Line, whether in an action in contract or tort or based on a warranty.  Further, in no event shall the liability of State Bank & Trust Company exceed the amounts paid by you for the services provided to you through BankEasy On-Line.

Your Rights to Terminate – You may cancel your BankEasy On-Line service at any time by providing us with written notice by postal mail or fax.  Your access to BankEasy On-Line will be suspended within 3 business days of our receipt of your instructions to cancel the service.  You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate – You agree that we can terminate or limit your access to BankEasy On-Line services for any of the following reasons:

• Without prior notice, if you have insufficient funds in any one of your State Bank & Trust Company accounts.  BankEasy On-Line services may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
• Upon 3 business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.
• Upon reasonable notice, for any other reason in our sole discretion.

Communication Between State Bank & Trust Company and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

• E-mail – You can contact us by e-mail at info@sbtcompany.com (Please note that banking Transactions through BankEasy On-Line are not made via e-mail.) Do not email any important information such as PIN numbers, account numbers, passwords, Social Security numbers, etc.
• Telephone – You can contact us by phone at (319)352-6000 or toll free at (888)367-5500.
• Fax – You can contact us by fax at (319)352-9215.
• Postal Mail – You can write to us at:
        State Bank & Trust Company
        PO Box 58
        Waverly, IA 50677
• In person – You may visit us in person at any of our locations.
        Main Bank Office at 124 1^st St, SE, Waverly
        Dike Office at 561 Main St, Dike
        Janesville Office at 326 Main St, Janesville
        New Hartford Office at 716 Main St, New Hartford
        South 218 Office at 1503 4th St. SW, Waverly

Consent to Electronic Delivery of Notices – You agree that any notice or other type of communication provided to you pursuant to the terms of the Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the State Bank & Trust Company website (www.sbtcompany.com) or by e-mail.  You agree to notify us immediately of any change in your e-mail address.