Electronic consent for Online Banking Terms and Disclosures
By consenting to the electronic delivery of Online Banking Terms and Disclosures you agree to the following. You understand the use of Online Banking is only available if you consent to the Terms and Disclosures and you may withdraw your consent at any time. You understand you are responsible to alert Starion Bank (‘Starion’) of changes to your contact information such as your e -mail address. You may change such information or withdraw consent by contacting Customer Service at 888-258-6050.
Your consent applies to this transaction only and does not apply to other transactions that may occur between you and Starion in the future.You always have the right to receive a paper copy of your Terms and Disclosures. If you wish to receive a paper copy of your Terms and
Disclosures, please contact Customer Service at 888-258-6050.
The following hardware and software requirements are required in order to access Starion’s Online Banking:
- Supported operating systems include: Windows 7/8/10; Mac OS X 10.5 or greater; a Linux-based operating system running Kernel 2.6 or greater
- Sufficient storage capacity on your computer's hard drive
- An active email account accessible either through web browser or client email software
- Operating system and telecommunications connections capable of receiving, accessing, displaying, and either printing or storing communications received from us in electronic form via plaintext-formatted email and
- Adobe Reader 11.0 or greater is required to view, print, and/or save your online statement and legal notices. This is free software and is available for download.
This Online Banking (Internet) Agreement (“Agreement”) shall govern the online banking services (“Services”) to be provided by Starion to each Customer (“you”) who is using any Services or has signed a Business Online Banking Agreement and Authorization.
In consideration of the mutual covenants, agreements and promises hereinafter set forth, and for other good and valuable consideration,including your use of the Services provided by Starion, the receipt and sufficiency of which are hereby acknowledged, you and Starion hereby agree as follows:
The Services to be provided by Starion shall be as described from time to time in information distributed by Starion to you. You may use any Personal Computer ("PC") or mobile device through an internet connection to log into our website at www.starionbank.com to:
- transfer funds from checking to checking and savings
- transfer funds from savings to checking and savings
- transfer funds from line of credit to checking
- make payments from checking to line of credit, third parties and loans
- make payments from savings to line of credit and loans
- get balance information about checking, savings, line of credit, loans and certificates
- get deposit history about checking, savings and certificates
- get transaction history about checking, savings, line of credit, loans and certificates
In addition, upon execution of the Terms and Conditions of the Bill Payment Service, you may use a PC or mobile device to electronically direct Starion to make payments from designated checking account(s) to third parties ("Payees") that you have selected to receive payment through the bill payment service.
Username and Password.
You and each Authorized User who has access to the Services, including each individual named on joint accounts, must designate a Password and Username. The Password must be a minimum of eight (8) characters, up to a maximum of seventeen (17) characters, which must consist of at least one (1) numeric character, plus one (1) alpha character (either upper or lower case) and is case sensitive. For example, your Password may be: welcome1. To enhance security and for your protection, Starion recommends that you change your Password at least every ninety (90) days.
Starion may accept as authentic any instructions given to Starion through the use of your password. You agree that if you give the password to another individual, you are authorizing that individual to act on your behalf and Starion may accept any instructions that the individual gives Starion to make transfers, payments, or otherwise use the Services. Starion shall be liable for security breaches only to the extent required by applicable law and regulation. Starion does not assume any other liability or otherwise guarantee the security of information in transit to or from Starion’s facilities. Starion reserves the right to monitor and/or record all communications and activity related to the Services. You agree that Starion’s records will be final and conclusive as to all questions concerning whether or not your password was used in connection with a particular transaction. If any unauthorized use of the password occurs, you agree to (1) cooperate with Starion and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by
Starion in recovering any unauthorized transfer of funds.
Starion can identify you by checking the computer(s) that you use to access the website. Starion’s website will remember
PCs that you designate as “Authorized” and will ask you challenge questions if you are not using an “Authorized” PC to access the website. This will help prevent potential fraudsters from logging into your account even if they acquire or guess your Username and password.
You are solely responsible for the equipment (including your personal computer, mobile device and software) used to access the Services. Starion is not responsible for errors or delays or your inability to access the Services caused by your equipment. Starion is not responsible for the cost of upgrading your equipment to stay current with the Services nor is Starion responsible, under any circumstances, for any damage to your equipment or the data resident thereon.
Starion’s business days are Monday through Friday, except bank holidays. Although payments and transfers can be completed only on business days, the Services are available 24 hours a day, seven days a week, except during maintenance periods, for the scheduling of payment orders and transfers. Transfers must be scheduled by the normal cut-off time of 5:30 p.m. (Central Standard Time) on any business day in order for the transfer to be initiated for that business day.
Errors and Questions.
In case of errors or questions about the Services or your electronic transactions, telephone Starion at a local Starion office or at 888-258-6050 from 8 a.m. to 5 p.m. Monday through Friday, or contact Starion at: Starion Bank, Attn: Accounting, PO BOX 848,
Mandan, ND 58554 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. Starion must be notified by you no later than sixty (60) days after Starion sent you the FIRST statement on which the problem or error appeared. You will need to:
- tell Starion your name and account number (if applicable);
- describe the error or transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
- identify the dollar amount of the suspected error.
If you notify Starion verbally, Starion may require you to send written confirmation within ten (10) business days following the date of verbal notification. Starion will determine whether an error occurred within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first transaction to the account was made) after Starion hears from you and will correct any error promptly. If Starion needs more time, however, Starion may take up to forty-five (45) days
(90 days if the transfer involved a new account or a foreign-initiated transfer) to investigate your complaint or question. If Starion decides to do this, Starion will credit your account within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first transaction to the account was made) for the amount you think is in error, so that you will have use of the money during the investigatory period. If Starion requests written confirmation of your complaint or question and it is not received within ten (10) business days, Starion may not credit the account.
Starion will tell you the results of the investigation within three (3) business days after completing the investigation. If Starion determines there was no error, Starion will reverse the previously credited amount, if any, and Starion will send you a written explanation within three (3) business days after completion of the investigation. You may request copies of the documents Starion used in the investigation.
. If you want to terminate your access to the Services, contact a local branch office during business hours. RECURRING TRANSFERS WILL NOT BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICES. IF YOU WANT TO
TERMINATE ANY RECURRING TRANSFERS BETWEEN ACCOUNTS, PLEASE NOTIFY STARION OR DELETE THEM BEFORE CANCELLING THE SERVICES.
You can cancel the Bill Pay service online under My Profile.
Starion reserves the right to terminate your Services, in whole or in part, at any time with or without cause and without prior written notice. In that event, or in the event that you give Starion a termination notice, Starion may (but is not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. Starion also reserves the right to temporarily suspend the Services in situations deemed appropriate by Starion, in its sole and absolute discretion, including when Starion believes a breach of system security has occurred or is being attempted.
Starion may consider repeated incorrect attempts to enter your Password as an indication of an attempted security breach. Termination of the Services does not affect your obligations under this Agreement with respect to occurrences before termination.
You agree to notify Starion immediately if your password is lost or stolen, if you believe someone else has discovered the password, or if your monthly account statement shows transactions made without your permission, preferably by calling your local branch office or 888-258-6050 during business hours. STARION CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PASSWORDS OR PINS OR UNAUTHORIZED TRANSACTIONS VIA EMAIL.
Neglect by you to immediately notify Starion of a lost or stolen password or an unauthorized transaction may result in financial losses to your account (possibly the entire contents of the account), in addition to any sweep account and maximizing any line of credit. If you tell Starion within two (2) business days after you learn of the lost or stolen password or the unauthorized transaction, you can lose no more than $50. If you do NOT tell Starion within two (2) business days after you learn of the loss or theft of your Password, and Starion can prove it could have stopped someone from using your Password without your permission if you had told Starion, you could lose as much as $500. If your statement shows transactions that you did not make, tell Starion at once. If you do not tell Starion within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the 60 days if
Starion can prove that it could have prevented someone from taking the money if you had told Starion in time. If a good reason (such as a long trip or a hospital stay) kept you from telling Starion, Starion may extend the time period.
Starion will exercise ordinary care in providing the Services and will be responsible for any loss sustained by you only to the extent such loss is caused by Starion’s gross negligence or willful misconduct. In no event shall clerical errors or mistakes in judgment constitute failure to exercise ordinary care, nor shall Starion have any liability for any indirect, incidental, consequential (including lost profits), special or punitive damages, whether arising in contract or in tort, and whether or not the possibility of such damages was disclosed to or could have been reasonably foreseen by Starion. Under no circumstances shall Starion be responsible for any liability, loss or damage resulting from any delay in performance of or failure to perform in connection with the Services which is caused by interruption of telephone, telefacsimile or communication facilities, delay in transportation, equipment breakdown or mechanical malfunction, electrical, power or computer failure, accidents, fire, flood, explosion, theft, natural disaster or other catastrophe, acts or failure to act by you or any third party, strikes or lockouts, emergency conditions, riots, war, acts of government or other circumstances which are unavoidable or beyond Starion’s control. Starion shall not be liable for failure to perform any of its obligations in connection with the Services if such performance would result in it being in breach of any law, regulation or requirement of any governmental authority.
The submission of a Stop Payment through the Online Banking system will be considered a written request for the Stop Payment and will be effective for a period of 6 months. The authentication of your username and password will be considered your electronic signature authorizing the written request for a Stop Payment.
If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money.
You will get a monthly account statement from us for your checking account(s). You will get a monthly account statement from us for your savings account(s), unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.
Right to stop payment and procedure for doing so - If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Call or write us at the telephone number or address listed in this disclosure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
Notice of varying amounts.
If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payments, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set).
You shall indemnify and hold harmless Starion and each of its directors, officers, employees, agents, successors and assigns ("Indemnitees") from and against all fines, assessments, liability, loss and damage of any kind (including attorneys' fees and other costs incurred in connection therewith) incurred by or asserted against such Indemnitees in any way relating to or arising out of the Services, except to the extent such liability, loss or damage is caused by the gross negligence or willful misconduct of such Indemnitees (provided that reliance, without further investigation, on any oral, telephonic, electronic, written or other request, notice or instruction believed in good faith to have been given by you will in no event constitute gross negligence or willful misconduct on the part of such Indemnitees).
Security Procedures and Communications.
You agree to use all security procedures required by Starion, and further agree that such security procedures are commercially reasonable. Starion shall not be obligated to act on a communication not transmitted in accordance with any required security procedures and may refuse to act on any communication where Starion reasonably doubts its authorization, contents, origination or compliance with the security procedures. Starion shall have no duty to discover, and shall not be liable for, errors or omissions by you. Starion reserves the right to issue new security procedures and/or to cancel or change any security procedures from time to time and you agree to abide by the new procedures. Whenever the security procedures include the assigning of any confidential password, logon identification, identification code, personal or location identification number, repetitive code, or similar security device to you, you shall not disclose such security device except to employees or agents authorized to act for you in connection with the Services. You shall implement such safeguards as are reasonably necessary to ensure the confidentiality and integrity of such security devices, and shall immediately notify Starion if the confidentiality or integrity of any such security device is breached or threatened. You shall be solely responsible for the safekeeping of such security devices and assume all risk of accidental disclosure or inadvertent use of such security devices by any party whatsoever, whether such disclosure or use is on account of Customer negligence or deliberate acts or otherwise. Starion shall not be liable for any loss or damage resulting from fraudulent, unauthorized or otherwise improper use of any security devices. Starion recommends and encourages the practice of password protecting and/or locking all devices.
- Waivers. No waiver of your obligations under this Agreement shall be deemed to take place unless the waiver is in writing and signed by Starion.
- Fiduciary Status. Nothing contained herein shall be deemed to create fiduciary status on the part of Starion in connection with the provision of the Services.
- Governing Law. Except to the extent superseded by Federal law, the provision of Services shall be governed by the laws of the state of North Dakota. You agree that the Burleigh County District Court in Bismarck, North Dakota, shall have jurisdiction to hear any dispute arising out of the Services and submits to the jurisdiction of such courts.
- Waiver of Jury Trial. YOU AND STARION WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY LITIGATION OR OTHERPROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES USED BY YOU.
- Severability. If any provision of this Agreement shall be prohibited by or invalid under applicable law, rule or regulation, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or any remaining provisions of this Agreement.
The following sections apply only to Consumer Banking Customers
Delivery of Your Transfers.
- Benefit. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors, and permitted assigns of the parties.
You may schedule transfers to be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions in any other applicable agreement between you and Starion. Although you can enter transfer information through the Services twenty-four (24) hours a day, seven (7) days a week, transfers can be initiated only on business days. Funds will be processed on the designated accounts on the business day on which a transfer is to be initiated. Transfers must be scheduled
by the normal cut-off time of 5:30 p.m. (Central Standard Time) on any business day in order for the transfer to be initiated for that business day. If you direct the initiation of a transfer to occur on a day other than a business day, the transfer will be initiated on the previous business day.
Recurring Scheduled Transfers.
Scheduled transfers are those made for the same amount and are made on a weekly, bi-monthly, monthly or other regular basis. Once started, scheduled transfers will be made automatically until you delete the transfer or call or write
Starion at the phone number or address listed in this Agreement in time for Starion to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, Starion may also require you to put your request in writing and get it to Starion within fourteen (14) days after you call.
Limitations on frequency of transfers.
In addition to any limitations described elsewhere, the following limitations apply to your savings accounts:
- Transfers from your savings account to another account or to third parties by pre authorized, automatic, Internet Banking, Mobile Banking, check or telephone transfer are limited to six (6) per calendar month. If you exceed this limitation, your account may be subject to closure. PREMIUM MONEY MARKET / MONEY Market Savings accounts will allow transfers to be made by check; the check amount must be at least $500.
- You may make 6 free withdrawals or transfers from your savings account each month. A $2.95 'Excess Savings Withdrawal Charge'will be assessed for each additional withdrawal. The charge on Youth Savings accounts is $0.95. The charge on Money Market / Premium Money Market accounts is $5.95
Except as indicated elsewhere, we do not charge for or limit these electronic fund transfers.
Liability for failure to stop payment of preauthorized transfer.
If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Limited Liability for Failure to Complete Transactions
. If Starion does not complete a transfer to or from your account on time or in the correct amount according to your instructions, Starion may be liable for some of your losses or damages; however there are some exceptions. For example, Starion will not be liable in the following instances:
- if, through no fault of Starion, you do not have sufficient money in the applicable account to make the transfer;
- if the money in your account is subject to legal process or other encumbrances restricting transfer;
- if the transfer would exceed the credit limit on your overdraft line (if any);
- if the system was not working properly and you knew about the breakdown when you started the transfer;
- if circumstances beyond Starion’s control (such as fire or flood or systems failure) prevent the transfer despite reasonable precautions that Starion has taken; or
- if the third party payee mishandles or delays handling payments sent by Starion.
- there may be other exceptions stated in our agreement with you.
All payments, transfers, and/or charges made with Services will appear on your monthly account statement.
There is no charge for the Services, other than the Bill Pay service.
Charges for the Bill Pay service are as follows: (For purposes of this paragraph, each month shall begin on the monthly anniversary of your enrollment date.)
*Consumer Banking Customers will receive an unconditional free trial period of sixty (60) days. The Bill Pay service is free for customers who make two (2) or more payments per month. $2.95 will be charged any month when less than two (2) payments are made.
*Additional services are available in Bill Pay and are charged on a per item basis on the transaction posting date:
- PopMoney (Person to Person) $ .50
- Request Money $ .75
- Same-Day Bill Payment $ 9.95
- Overnight Check $14.95
Charges for all other Services shall be payable in accordance with a schedule of charges as established and amended by Starion from time to time. Charges shall be automatically deducted from your designated Account on the monthly anniversary of your enrollment date and Starion shall provide you notice of such deductions on your monthly account statement.
Disclosure of Account Information to Third Parties.
You acknowledge that Starion may have certain legal record keeping and reporting requirements with respect to the Services and consents to Starion’s disclosure to governmental authorities of information concerning you and the Services provided which Starion believes to be appropriate or necessary to fulfill such legal requirements. You further consent that Starion may, without further notice, disclose information to third parties under the following circumstances:
- if it is necessary for completing transactions or resolving errors involving the Services; or
- in order to verify the existence and condition of your account for a third party, such as a credit bureau or a merchant; or
- in order to comply with government agency rules, court orders, or other applicable law; or
- to Starion employees, service providers, auditors, collection agents, affiliated companies, or attorneys in the course of their duties and to the extent allowed by law; or
- upon your consent.
Starion may change terms or conditions of this Agreement at any time. You will be requested to accept a new Agreement if any changes have been made. Starion does not need to provide you with any prior notice when an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of Starion’s system or an account.
Changes to Bill Pay charges, and changes to this Agreement which would increase your liability or result in fewer Services, will be provided to you at least thirty (30) days before the effective date of any such change. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address Starion shows for you in our checking account records or to an e-mail address which you have authorized to receive such notices and/or disclosures.
Notice Regarding Payment of Item.
Working with you to be your financial partner is important to us. To help that partnership run smoothly, it is important that you be aware of the order in which we pay items you write against your demand deposit account. When processing items drawn on your account, our policy is to pay items in numerical sequence. Lower numbers are paid first. The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. The law permits us to pay items drawn on your account in any order. There is no policy that is favorable in every instance. If the smallest items are paid first, you may have fewer overdraft charges, but the largest - and perhaps most important - items (such as rent or mortgage payments) might not be paid. By paying in numerical sequence, we think our policy attains a reasonable balance between minimizing additional cost to you and paying your more important items. If an item is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item or return the item. The amounts of the overdraft charges have been disclosed to you previously. We encourage you to make careful records and practice good account management. This will help to avoid writing items without sufficient funds and incurring the resulting charges.
Checking and NOW Accounts consist of a transaction sub-account and a savings sub-account. This will not affect your available balance, any interest calculations, FDIC insurance or your monthly statement. Funds not routinely needed to pay debits may be transferred to the savings sub-account. The remainder of your balance will be maintained in the transaction sub-account. Daily activity will post to the transaction sub-account. If interest is paid on your account, the interest calculation will be the same for both the transaction subaccount and the savings sub-account. Otherwise, the savings sub-account will be non-interest bearing. A transfer from the savings subaccount will fund items in excess of the balance in the transaction sub-account. The savings sub-account will be governed by the same rules governing our Savings Account as stated in the Withdrawals Section of your Account Agreement. (For other restrictions, please refer to the 'Limitations on Frequency of Transfers' section.)