INTRUST PERSONAL ONLINE BANKING AND MOBILE BANKING AGREEMENT


INTRUST PERSONAL ONLINE BANKING AND MOBILE BANKING AGREEMENT

This INTRUST Personal Online and Mobile Banking Agreement ("Agreement") sets forth the terms and conditions for your use of INTRUST Personal Online and Mobile Banking. By using INTRUST Personal Online and Mobile Banking you agree to the terms and conditions set forth herein as well as the Internet User Agreement and Deposit Agreement, including all amendments, addendums or revisions thereto. If you are a Consumer you agree to the terms and conditions of the Electronic Fund Transfers Disclosure. If you are a Business, you agree to execute the Certificate of Resolution Authorizing Use of Internet Banking. You also agree to all fees as set forth on the applicable Personal Accounts Fee Schedule or Business Accounts Fee Schedule as may be revised from time to time. Please read this Agreement carefully and keep a copy for your records.

You agree to provide to the Bank any and all information requested and required in order for the Bank to comply with all applicable federal and state statutes, laws, regulations, rules or executive orders. You agree to provide this information in a timely manner recognizing that the Bank will have certain legal and regulatory deadlines. If you are unable or unwilling to provide the requested information within the time period required, the Bank may discontinue your enrollment in the Services. In addition, in some situations the Bank may close your Accounts. The Bank may, in its sole discretion, also discontinue your enrollment in the Services or close your Accounts on the basis of the information provided.

All provisions contained in this Agreement apply to both Consumer and Business accounts unless otherwise specifically stated.

INTRUST Personal Online and Mobile Banking ("Service"):

The Service shall consist of the following:
  1. Online Banking ("Online")
  2. Online Mobile Banking ("Mobile")
  3. Mobile Check Deposit ("Mobile Deposit")
  4. Online Bill Pay ("Bill Pay") including eBill Presentment ("eBills")
  5. People Pay ("People Pay")
  6. External Transfer ("Transfer Service")

The use of the term "Service" or "Services" shall mean all of the services listed above collectively or all of the services being accessed and utilized by you under the terms of this Agreement.

You must be enrolled in Online in order to enroll in the other available Services. Some Services may not be available until you are 18 years of age or older.

Definitions:

As used throughout this Agreement the following terms have the following meanings:

  • "Account": Any checking, savings, time deposit, IRA account (all referred to herein as "deposit Account") or loan account (referred to herein as "loan Account") at INTRUST Bank, N.A. ("Bank") on which you are an owner. (Both deposit Accounts and loan Accounts referred to herein as "Accounts").
  • "Business": A customer who is an entity enrolling accounts which are used for a business purpose and not for personal, family or household purposes.
  • "Business Day": Monday through Friday, excluding Federal holidays.
  • "Consumer": A customer who is a natural person enrolling accounts which are used primarily for personal, family or household purposes.
  • "Transfer Instructions": The information provided by you for a transfer of funds between two or more Accounts.

Phone and Email Contact Policy:

We value your privacy. Please see our Privacy Policy. By accepting this Agreement, you agree that the Bank may contact you by email, phone, or text message, at any email addresses and phone numbers you have provided, to discuss your Accounts and products or services in which you have enrolled. These calls may use a recorded or artificial voice, or an automatic dialing system.

By accepting this Agreement, you agree that the Bank may email you for marketing purposes. You may stop these messages or otherwise change your contact preferences by:

It may take up to 10 Business Days to process your request. You will still continue to receive communications concerning your Accounts and products or services in which you have enrolled.

Email and Internet Access:

In order to enroll in any of the Services you must provide a valid email address to the Bank and maintain access to the Internet. It is your responsibility to notify the Bank of any and all changes to your email address. The Bank accepts no responsibility or liability for the consequences of your failure to notify the Bank of all changes to your email address. Some Services may have qualifications as determined by the Bank from time to time. The Bank reserves the right to change qualification requirements from time to time.

The Bank is not responsible for any failure or lack of internet connectivity which may affect your use of the Services. If there are internet connectivity issues you must research all such issues directly with your ISP.

If you utilize a Service via a mobile device you must have a mobile device that has a mobile web browser with a data plan. You agree to maintain your mobile device with a data plan and update or replace such device on a regular basis. Your wireless provider may impose additional fees or charges for your device in order to use some Services. The Bank is not responsible for any such charges.

1. Online Service:

In order for you to use Online, you must be the owner of at least one Account with the Bank. You must be thirteen (13) years of age and provide a valid email address to the Bank.

Use of Service:

Online consists of access to:

  • Account Summaries
  • Account Inquiries and Balances
  • Historical Information for a minimum of 45 days
  • Transaction Downloads
  • Account Transfers
  • Loan Advancements
  • Detailed Transaction Views
  • Account Statement Downloads

Definitions Specifically Applicable Online:
In addition to the definitions included at the beginning of this Agreement, the following terms will have the following meanings:

  • "Advancement": Transfer of funds from an eligible loan Account to one or more deposit Accounts within the Bank.

Account Ownership:

When you enroll in Online all of the Accounts on which you are an owner will be automatically placed in your Account Summary (or your Accounts page). You may request the Bank remove any of these Accounts from Online.

If there are any changes in ownership of your Account (for example, but not limited to, adding or deleting owners) you must immediately notify INTRUST Internet Support, 1-316-383-1340 or 1-800-999-4048. If your Account must be closed and re-opened for any reason, you acknowledge that upon the Bank’s request you will re-accept this Agreement.

If you are not the owner of an account but are an agent or signer on the account, you may request the Bank add the account to your Account Summary. It is the Bank’s sole discretion whether to add the requested non-owner account to your Account Summary. The addition of one non-owner account to your Account Summary does not obligate the Bank to add any other non-owner accounts to your Account Summary. The Bank may remove non-owner accounts from your Account Summary at any time without prior notice to you. Determination of ownership of an account at any specific time shall be based on the information reflected in the current records of the Bank.

Multiple Owners/Signers:

If you are a Consumer and you own an Account (or Accounts) with one or more other people, each owner may enroll the account(s) in Online. The Bank may act on the verbal, written or electronic direction of any one owner for that jointly owned Account to enroll accounts in the Services and, once enrolled, transact business in the Accounts utilizing such Services. Each owner enrolled will receive a separate User ID and Password.

If you are a business you will receive only one User ID and Password regardless of the number of signers authorized on your Accounts. The Bank may act on the verbal, written or electronic directions of any one person authorized by the Resolution executed by you regarding enrollment in Online and the Services. Any person who has the User ID and Password (whether authorized or not) will have access to perform all actions which are available for all Accounts enrolled in the Service. This access will be available regardless of whether they had such access to all of the enrolled Accounts previously.

Any Account which requires two or more signatures to withdraw or transfer funds may not be enrolled in the Services. You agree not to change the Account documentation to require two or more signatures until you have first notified the Bank to terminate the Account on Online and the Bank has had reasonable opportunity to act on your request. You release the Bank from liability for any action taken on an Account by any one person authorized to act as a signer on the Account even though that person’s authority to act on the Account by other means (e.g., by check) must be exercised jointly with one or more other persons.

If you are a Business and an authorized signer takes action on your Account which has not been properly authorized or is outside of the authorized signer’s scope of authority, you assume the entire risk of loss and hold the Bank, its directors, officers, employees and agents, harmless from all loss, liability, claims, demands, judgments or expenses arising out of or in any way connected with such use.

Internal Transfers:

Deposit Accounts - To make transfers between deposit Accounts you must maintain at least two deposit Accounts with the Bank. Not all deposit Accounts are eligible to be used for transfers. The Bank reserves the right to limit transfer eligibility to certain types of deposit Accounts and to change eligibility requirements from time to time.

You authorize the Bank to transfer all funds as you instruct through Online. You may not cancel or stop a transfer of funds once you have entered the Transfer Instruction. If the Transfer Instruction to transfer between deposit Accounts is submitted after 10:00 p.m. Central Time, funds from the transfer may not be available until the next Business Day.

You agree you will provide Transfer Instructions to the Bank to make a transfer only when a sufficient balance is or will be available in your deposit Account at the time of the transfer (including available credit under any overdraft protection plan which may be connected to the deposit Account). If you do not have a sufficient balance (including available credit under any overdraft protection plan which may be connected to the deposit Account) you agree the Bank may, at its sole discretion, follow your Transfer Instructions even though a debit to your deposit Account may result in or increase an overdraft. Whether or not the Bank honors your Transfer Instruction, the Bank reserves the right to impose an overdraft or insufficient funds fee. The Bank is under no obligation to notify you if a transfer is not completed because there are insufficient funds in your deposit Account (including available credit under any overdraft protection plan which may be connected to the deposit Account) to process the transaction. You shall remain responsible to the Bank for all overdraft, overdraft or insufficient funds fees and related fees imposed upon your deposit Account in accord with the most current applicable Personal Accounts Fee Schedule or Business Accounts Fee Schedule.

Any transfer made from any of your savings or money market accounts is a restricted transfer subject to federal regulations. You may make up to six (6) transfers per monthly cycle including preauthorized, automatic or telephone transfers. Each online or mobile transfer using a savings or money market account is considered a preauthorized or automatic transfer. Per monthly cycle is defined as an approximate four (4) week period or cycle, not necessarily a calendar month.

Loan Accounts
Transfers- Transfers may be made between loan Accounts and deposit Accounts. Transfers may not be made between two loan Accounts.

If the Transfer Instruction is to transfer funds from a deposit Account to a loan Account the funds transferred will be applied to the loan Account in accordance with the loan agreement applicable to that loan Account. Any instruction for application of the transferred funds not in accordance with the loan agreement (even if provided on a Transfer Instruction screen as part of the Services) shall not be affective to change the fund application as required under the loan agreement for that loan Account. Transfer Instructions to transfer from a deposit Account to a loan Account submitted after 10:00 p.m. Central Time will not be credited to your loan Account until the next Business Day.

Advancements- If the Transfer Instruction is to make an Advancement from an eligible loan Account to one or more deposit Accounts with the Bank it must be in accordance with and is governed by the loan agreement. Not all loan Accounts may be eligible for Advancements. The Bank reserves the right to limit Advancement eligibility to certain types of loan Accounts and to change eligibility requirements from time to time.

You authorize the Bank to make Advancements in accordance with your Transfer Instructions. You agree you will only request an Advancement in accordance with the terms of the loan agreement for that loan Account. If the Transfer Instruction for an Advancement is submitted after 10:00 p.m. Central Time the Advancement will occur on the next Business Day.

Stop Pay:

Your request through Online to stop payment of a check drawn on your deposit Account is subject to the terms and conditions of stop payment as set forth in the Deposit Agreement. You may not request through Online the stop payment of an electronic item (such as an ACH) or a check which has been made into an electronic item (such as an electronically recleared check). Stop payment on electronic items may be requested by contacting the Customer Solution Center or any INTRUST Banking Center. A fee may be charged to place a stop payment as disclosed in the current applicable Personal Accounts Fee Schedule or Business Accounts Fee Schedule. You may not request a stop payment on any transaction using Mobile.

Service Fees and Charges:

You are responsible for promptly paying the amount of all overdrafts as well as any overdraft or insufficient fund fees caused by your use of any of the Services. You authorize the Bank to charge your Account for all applicable fees in accord with the Personal Accounts Fee Schedule (if you are a consumer) or Business Accounts Fee Schedule (if you are a business) in affect at the time of use of any of the Services.

2. Mobile Service:

In order to access Mobile you must have at least one deposit Account with the Bank. You must have a mobile device that has a mobile web browser with a data plan. You agree to maintain your mobile device with a data plan and update or replace such device on a regular basis. You agree to use this Service only in the United States. You must be thirteen (13) years of age.

Use of the Service:

Mobile consists of three services:

  • SMS (short message service)
  • Mobile Web
  • Mobile Application
    • Mobile Check Deposit Service (see Section 3 below)
    • Mobile Tablet Application

Not all Online features are available in Mobile. Not all Mobile features are available in all Services. The Bank may, at its sole discretion, modify or offer additional Mobile services and features in the future. Any additional services shall be governed by this Agreement and any amendments, modification or addendums hereto.

Mobile may not be available over some networks or some devices. A data plan with your wireless provider may be necessary to access some or all of the features of Mobile. The Bank is not responsible for any failure or lack of availability of services provided by your wireless services provider. Your wireless provider may impose additional fees or charges for your device to be able to use Mobile. You are responsible for any and all fees to which you have agreed with your wireless service provider. Your agreement with your wireless service provider may impose additional restrictions or limitations which affect the delivery of Mobile. The Bank is not responsible for any restrictions or limitations.

General Mobile Provisions:

The Bank is not responsible:
  • If Mobile does not perform or does not perform as represented.
  • If you do not maintain, update and replace your mobile device on a reasonable basis.
  • For any damage to the mobile device caused by or allegedly caused by the use of Mobile Service.
  • For any damage to personal property or personal injury caused by or arising out of the use of Mobile on your mobile device.

You acknowledge that additional Mobile Banking Enrollment Terms and Conditions will be shown at the time of first login to Mobile. Prior agreement to those Terms and Conditions is required for use of Mobile. You must agree to any and all revisions or amendments to the Terms and Conditions (presented to you at first login after revision or amendment is affective) in order to continue using Mobile. You agree that by this reference those Terms and Conditions (revisions and amendments) are made apart of this Agreement.

3. Mobile Check Deposit Service:

In order to access Mobile Deposit you must be enrolled in and meet all requirements for Mobile including having at least one deposit Account. You agree to use this Service only in the United States. You must be thirteen (13) years of age.

Definitions Specifically Applicable to Mobile Deposit:

In addition to the definitions included the beginning of this Agreement, the following term will have the following meaning:

  • "Deposit": Each individual check deposited using the Mobile Deposit is considered a separate deposit.

Use of Service:

To make a deposit using Mobile Deposit you will take a picture with your mobile device of both front and back of the check which you are depositing. You will then enter into your mobile device the information as required. It is your responsibility to enter correct information including the correct email address. Failure to enter the correct email address will result in non-receipt of notifications regarding the deposit. After review of the image (both front and back), you will submit the images electronically. Upon review, if the images are not clear you may re-take the picture of both the front and back of the check before electronically re-submitting.

After submitting each check you will receive a confirmation of receipt for both the check images and the deposit information. You will also be notified the check has been successfully received via a Deposit Received Notification email. These are acknowledgment of receipt and are not confirmation of approval. A second email will be sent by the Bank either confirming approval of the check or declining the check. The Deposit Declined Notification email will include the reason for the declination.

The Bank may decline the electronically submitted check based on the quality of the images. You will receive a Deposit Declined Notification requesting you re-take the picture of both the front and the back of the check and electronically re-submit it. This is the only time you may re-take the pictures after the deposit has been electronically submitted via Mobile Deposit.

If the check has been reviewed and approved you will receive an email confirming the deposit and it will be posted to your deposit Account with a Mobile Check Deposit description. Once the deposit has been approved the funds will be posted to your deposit Account the next Business Day however they will not be immediately available. Please see the "Funds Availability" section below.

Funds Availability and Posting Order:

Funds deposited using Mobile Deposit will be available to you on the next Business Day following the date of your receipt of the Deposit Approved Notification email, subject to the Bank’s standard hold policies. If you receive the Deposit Approved Notification email by 8:00 p.m. Central Time on a Business Day, the Bank will consider that day to be the day of your deposit. However, if you receive the Deposit Approved Notification email after 8:00 p.m. Central Time, the Bank will consider the deposit was made on the next Business Day.

Checks deposited through Mobile Deposit may not be immediately available for viewing on Online or Mobile. When the checks are available for viewing, the reflected order of debit and credit transactions (including but not limited to checks and debit card transactions) may vary from the order in which they will be finally processed by the Bank. The Bank reserves the right to determine the order of processing all transactions.

Conditions for Use:

You will indorse all checks with the payee’s signature (your name), "for deposit only" and the number of the deposit Account where the check is to be deposited. Once the check is approved by the Bank, you will mark the face of the deposited check sufficiently to give notice the check has already been deposited. You agree to maintain all checks deposited for a period of 14-calendar days after the approval and marking of such check. After the 14-calendar day retention period for each check, it is your responsibility to destroy such check.

You will not deposit the following items to your deposit Account using Mobile Deposit:

  • Checks made payable to any person or entity other than you (i.e., third party checks)
  • Checks which have previously been deposited and returned
  • Checks drawn on institutions located outside the United States
  • Checks payable in a denomination other than US dollars
  • Substitute Checks (as defined in the Check 21 Act)
  • Remotely created checks
  • Checks you know, have reason to suspect or should have reason to suspect, are fraudulent or otherwise not properly authorized
  • Checks dated more than 180 days prior to deposit (stale check) or with any legend included on the front of the check
  • Checks with a date after the date of deposit or no date

If you are unable to process your deposit through Mobile Deposit, you agree to take your check(s) to the nearest INTRUST Banking Center for deposit to your deposit Account or mail them, along with a properly completed deposit slip, to INTRUST Bank, P.O. Box 1, Wichita, KS 67201-9889 for deposit into your Account.

Warranties:

For each and every check you deposit using Mobile Deposit you hereby warrant:

  • All signatures on the check (including all indorsements) are authentic and authorized. The amount, payee, signature(s) and indorsement on the original check are legible, genuine and accurate.
  • The check is not counterfeit.
  • You have good title to the check and are a holder-in-due course as defined in K.S.A. §84-3-302.
  • At the time of deposit you are entitled to enforce the check or authorized to obtain payment of the check on behalf of someone entitled to enforce the check as it is written.
  • You have no knowledge that any of the information on the check has been altered in any manner after creation but before deposit of the check.
  • Each image is an accurate representation of front and back of the check, without any alteration.
  • You will promptly produce the original check upon request of the Bank within 14 days of deposit of the check using Mobile Deposit. You will cooperate and provide reasonable assistance to the Bank regarding any questions or claims made thereon.
  • The original check or the electronically deposited check will not be and have not been deposited at this Bank or any other financial institution.
  • There are no duplicate images of the check other than the image transmitted using Mobile Deposit.
  • You have destroyed the original check as required under this Agreement.

Returns:

If a check is returned for any reason, you authorize the Bank to debit the amount of such check from the deposit Account. If there are insufficient funds in the depositing Account, you authorize the Bank to collect the funds from any deposit Account owned by you (including deposit Accounts owned jointly). If funds are not available in any deposit Account owned by you (including deposit Accounts owned jointly), you agree to reimburse the Bank the amount of the returned check. You also agree to pay the Bank any applicable fees in accordance with the Personal Accounts Fee Schedule or Business Accounts Fee Schedule in affect at the time of the collection.

Because you have retained and, after 14-calendar days, destroyed the original check, you acknowledge that it is impossible for the Bank to return such original to you. You agree that the check returned will be in the form of an electronic or paper reproduction of the original or a substitute check.

4. Bill Pay including eBills

Bill Pay:

In order for you to enroll in Bill Pay you must maintain at least one checking or NOW account with the Bank. You agree to use this Service only in the United States. You must be at least eighteen (18) years of age.

Definitions Specifically Applicable to Bill Pay:

In addition to the definitions included at the beginning of this Agreement, the following terms will have the following meanings:

  • "ePayment": An electronic payment transmitted by automated clearing house (ACH).
  • "Payee": The merchant or other person or entity to whom you wish a payment to be directed.
  • "Payment Account": Your checking or NOW account from which all bill payments will be made.
  • "Payment Amount": The amount in US dollars you authorize to be paid to a Payee.
  • "Payment Date": The Business Day upon which your Payment Account will be debited. (Sometimes referred to as "Send On Date".)
  • "Payment Instruction": The information provided by you for a bill payment to be made to your Payee.
  • "Pending Payment": Any Payment Instruction which you have ordered to be made which has not been canceled by you before the Cutoff Time on the Payment Date.
  • "Repeating Payment": An automatic recurring payment to the same Payee for the same Payment Amount which you can authorize for payment up to 364 days in advance.

Use of Service:

You must maintain at least one checking or NOW account with the Bank designated as Payment Account(s). You may pay bills only in US dollars to Payees located in the United States, United States Territories and U.S. military bases (with a U.S. address). You may enter Payment Instructions for a one-time payment or for Repeating Payments up to 364 days in advance.

Repeating Payments may be scheduled on a regular basis: weekly, bi-weekly, twice a month, monthly, every two months, quarterly, semi-annually or annually.

If you are a Consumer, you may make payments to or at the direction of government agencies, organizations and institutions. You may also make court directed payments. The Bank has limited ability to research any issues arising from such government or court directed payments and will not be responsible for any late fees or penalties incurred by the use of Bill Pay for such payments.

By providing the names and account information of your Payees, you authorize the Bank to follow the Payment Instructions that it receives through Bill Pay. When the Bank receives a Payment Instruction, you authorize the Bank to debit your Payment Account on the Payment Date and remit funds on your behalf. You agree to only instruct the Bank to make a withdrawal when a sufficient balance is or will be available in your Payment Account (including available credit under any overdraft protection plan which may be connected to the deposit Account) on the Payment Date. If you do not have a sufficient balance (including available credit under any overdraft protection plan which may be connected to the deposit Account) you agree that the Bank may at its sole discretion follow your Payment Instructions even though a debit to your Payment Account may result in or increase an overdraft. Whether or not the Bank honors your Payment Instruction, the Bank reserves the right to impose an overdraft or insufficient funds fee. The Bank is under no obligation to notify you if a payment is not completed because there are insufficient funds in your Payment Account (including any available credit under any overdraft protection plan which may be connected to the deposit Account) to process the transaction. You shall remain obligated to the Bank for any and all overdraft, overdraft or insufficient funds fees and related fees imposed upon your Payment Account in accordance with the most current applicable Personal Accounts Fee Schedule or Business Accounts Fee Schedule.

Bill Pay Processing:

Payment Instructions may be processed either by ePayment or via check. The determination of whether payment is made by ePayment or check is at the sole discretion of the Bank and will be based primarily on acceptance of ePayments by specific Payees. Each Payment Instruction entered must include a Payment Date (Send On Date). You should select a Send On Date based upon the actual payment due date on your bill, not the late date or a date in the grace period. The Send On Date should allow sufficient time for processing the transaction and remitting the funds (either by ePayment or check) to the Payee. No less than three business days should be allowed, after Bank processing, for remittance of funds if by ePayment. No less than five business days should be allowed, after Bank processing, for remittance if by check. (For example, if the actual due date of the bill is Wednesday the 9th the latest date that should be chosen as the Send On Date is Friday the 4th, if remittance is by ePayment, or Wednesday the 2nd if remittance is by check.) The Bank is not responsible for any charges imposed, or any other action, by a Payee resulting from a late payment, including any applicable finance charges and/or late fees.

You may schedule multiple payments to the same Payee with the same Payment Date so long as they are for differing Payment Amounts. If you enter multiple payments to the same Payee with the same Payment Date and in the same Payment Amount, Bill Pay will not send the duplicate payments. When more than one customer schedules a payment to the same Payee on the same date, all such payments may be consolidated and one electronic file or check may be issued to the Payee.

Since your Payment Instructions are transmitted by computer, the payment will not be sent with the Payee’s payment stub. Some Payees may process payment without pay stubs at a different location. Some Payees take longer to process payments made without payment stubs. It is your responsibility to ensure the address provided in your Payment Instruction is correct and that sufficient time is allowed for the Payment to be sent and posted by the Payee.

If a Payee who is paid by check fails to negotiate the check within 90 calendar days of the date of the check, your Payment Account will be credited by the Bank for the amount of the check and the check will be voided. The Bank has no further obligation for delivery of the Payment Amount. It is your responsibility to make appropriate arrangements to make payment to the Payee, if necessary.

Cancelling Payments and Placing Stop Payments:

You may cancel or change any Payment Instruction prior to the Cutoff Time on the Payment Date. If the payment has been made by check, you may request a stop payment be placed on that check by contacting Customer Service at (800) 999-4048 or at (316) 383-1340. No stop payment will be placed if the check has already been presented for payment. If you request a stop payment on a Repeating Payment, it will not affect future Repeating Payments unless you enter new Payment Instructions. You may be charged for each stop pay request in accordance with the most current applicable Personal Accounts Fee Schedule or Business Accounts Fee Schedule.

No stop payment can be placed after the Cutoff Time on the Payment Date if the payment has been made by ePayment.

General Bill Pay Provisions:

The Bank will use its best efforts to make your payments properly and in accordance with your Payment Instructions. The Bank shall not be responsible and shall have no liability for any payment it is unable to complete due to any of the following circumstances:

  1. Through no fault of the Bank, your Payment Account does not contain sufficient funds (including any overdraft protection plan which may be connected to the Payment Account) to complete the transaction.
  2. Bill Pay is not working properly and you know or have been advised of the malfunction before you execute the transaction.
  3. You have not provided correct information regarding the Payee.
  4. Circumstances beyond the control of the Bank (such as, but not limited to, telecommunications failure, acts of God, fire, riot, war, act of terrorism, or severe or adverse weather) prevent the proper execution of the transaction and the Bank has taken reasonable precautions to prevent the circumstances.

If for any reason your access connection is interrupted during an on-line session or you have questions regarding whether your Payment Instructions were received by the Bank, please call an INTRUST Internet Specialist at (800) 999-4048 or at (316) 383-1340.

If you are a business and an authorized signer issues Payment Instructions which have not been properly authorized or are outside of the authorized signer’s scope of authority, you assume the entire risk of loss. If Payment Instructions are entered by a non-authorized signer who has obtained the User ID and Password, unless negligently provided by the Bank, you assume the entire risk of loss. Whether Payment Instructions are issued by an authorized signer, an authorized signer outside of the scope of authority, or a non-authorized signer you agree to hold the Bank, its directors, officers, employees and agents, harmless from all loss, liability, claims, demands, judgments or expenses (including attorney fees) arising out of or in any way connected with such use.

eBills

In order for you to enroll in eBills you must maintain at least one checking or NOW account with the Bank. You must be at least eighteen (18) years of age and a resident of the United States

Definitions Specifically Applicable to eBills

In addition to the definitions included at the beginning of this Agreement, the following term will have the following meaning:

  • "eBills": Bills electronically presented from Payees.

Use of Service:

Each Payee from whom you want to receive an eBill must be set up in Bill Pay. By setting up a Payee on Bill Pay for eBills, you are authorizing the Bank to obtain your billing information on your behalf from the designated Payee. For each Payee either the Bank will contact the Payee through its website and obtain your billing information or the Payee will directly provide your billing information to the Bank electronically.

For those Payees where the Bank contacts the Payee’s website in order to retrieve your billing information, you will be required to establish an eBill account with the Payee. Once the Payee eBill account is established, the Bank will use your account login information for that Payee’s eBill website in order to obtain your billing information. For such Payees, you agree to provide your login information to the Bank and to promptly notify the Bank when there is a change to such login information. EBills retrieved from a Payee’s website will be available for viewing for a period of 18 months.

For those Payees where the Payee provides your billing information directly to the Bank electronically, you agree to provide the Bank with sufficient information in order to authenticate your request to the Payee. The information which shall be deemed sufficient for this purpose will vary by Payee. Once the request is authenticated, the Payee will provide an eBill for each billing cycle. Bill summary information received from Payees will be available for viewing for a period of 18 months. Detailed eBill information from those Payees providing summaries may be available on the Payees site in accord with their site’s policies and practices. The Bank is not responsible for providing access to such detailed information.

The Bank is not responsible for the accuracy of the information contained in the eBill. All billing questions and disputes must be communicated directly to the Payee. The Bank is not responsible for the failure to provide an eBill for any Payee who does not provide the information to the Bank or for any Payee where the logon information provided by you does not access the Payee’s website.

5. People Pay ("People Pay")

In order to enroll in People Pay you must maintain one or more checking or NOW account(s) with the Bank. You must be at least eighteen (18) years of age. People Pay may be accessed online or via a mobile device. Your wireless provider may impose additional fees or charges for your device to be able to use People Pay.

Definitions Specifically Applicable to People Pay:

In addition to the definitions above, the following terms will have the following meanings:

  • "Contact": The recipient of a People Pay payment. A Contact does not have to be a Bank customer. (A Contact may be subject to the Bank’s approval in compliance with federal law and regulation.)
  • "Funding Account": Your checking or NOW account(s) from which People Pay payments will be made.
  • "Funding Instruction": The information provided by you for a Payment to be made to your Contact.
  • "Payment": The act of sending US dollars to a Payee in accordance with a Funding Instruction to the Bank.
  • "Payment Amount": The amount in US dollars you authorize to be paid to a Contact.
  • "Registered Contact": A Contact who is also enrolled in the People Pay service. A Registered Contact may be enrolled in People Pay offered by another financial institution. A Contact does not have to be a Registered Contact in order to receive Payments through People Pay.
  • "Sender": You, a Consumer, who is enrolled in People Pay
  • "Unregistered Contact": A Contact who is not enrolled in People Pay with the Bank or other financial institution that offers People Pay but entered in your Contact list.

Use of Service:

You must maintain one or more checking or NOW account(s) with the Bank designated as Funding Account(s). You may make payments only in US dollars to Contacts located in the United States. Your wireless provider may impose additional fees or charges for your device in order to use some Services. The Bank is not responsible for any such charges.

For each Contact you must enter the first and last name and an email address or mobile number. The Contact’s bank account number and physical mailing address may also be entered. By providing information on your Contacts, you authorize the Bank to debit your account and deliver a Payment to the identified Contact in accordance with your Funding Instruction.

You agree to only instruct the Bank to make a Payment when a sufficient balance is or will be available in your Payment Account (including available credit under any overdraft protection plan which may be connected to the deposit Account) at the time of the debit to the Funding Account. Payments may be subject to validation and verification by the Bank.

People Pay Processing:

Sending Payment - You determine the payment method by which a Payment is sent using the Contact information you have entered. There are three (3) payment methods.

  1. Contact’s email address/ mobile number. ("Contact Choice")
    Registered Contact -
    An alert will be sent to your Registered Contact notifying them money is available to claim through their registered People Pay account. The Contact may elect to receive the funds deposited directly into their bank account or to receive the funds by paper check through the U.S. mail.
    Unregistered Contact -
    An alert will be sent to your unregistered Contact notifying them they may claim funds at the People Pay website utilizing a claim code provided in the alert. Once on the People Pay website the Contact may elect to receive the funds deposited directly into their bank account or to receive the funds by paper check through the U.S. mail.
  2. Contact’s account information and bank routing number. ("Bank Account")
    Funds are paid directly into the Contact’s bank account within 1-3 business days. An alert notifying the Contact the funds have been paid is sent to the Contact’s email address or mobile number
  3. Contact’s U. S. Mail address. ("Paper Check")
    A paper check is created on your Funding Account and mailed to the physical U.S. mail address shown on the Contact.

Funding Payment -

  1. Contact Choice

    If you chose the Contact Choice the Contact will be able to choose between Bank Account and Paper Check funding.

    1. Bank Account. If the Contact chooses the Bank Account option the Funds will be withdrawn from the Funding Account at that time the choice is made. If there are sufficient funds in the Funding Account (including any available credit under any overdraft protection plan which may be connected to the Funding Account) at the time of Contact Choice, the Funding Account will be debited and the funds sent. If there are not sufficient funds in the Funding Account (including any available credit under any overdraft protection plan which may be connected to the Funding Account) at that time, the Payment will not be sent. You will receive a notice that the Payment was not made. The Contact will receive an alert that the transaction cannot be completed at that time and to contact the Sender.

      The alert received by the Contact specifies a date by which the Payment Amount must be claimed. If the Payment is not claimed within that period, the claim code will lapse. You will receive a notification of the lapse. It is your responsibility to make appropriate arrangements to make Payment to the Contact, if necessary. The Bank has no further obligation for delivery of the Payment.

    2. Paper Check. If the Contact chooses the Paper Check option the funds will be withdrawn from your Funding Account at the time the paper check is presented for payment. If there are insufficient funds in the Funding Account (including any available credit under any overdraft protection plan which may be connected to the Funding Account) at the time of presentment, the check will be returned insufficient funds. It is your responsibility to make appropriate arrangements to make Payment to the Contact, if necessary. You shall remain obligated to the Bank for any and all overdrafts and related fees, including but not limited to, overdraft and insufficient funds fees, imposed on your account in accordance with the most current applicable Personal Accounts Fee Schedule.
  2. Bank Account

    If you chose to send funds directly to the Contact’s bank account, the funds will be withdrawn from the Funding Account and payment sent at the time this selection is made. A Contact receiving Payment directly into their bank account will receive an alert notifying them of the Payment. If there are not sufficient funds in your Funding Account (including any available credit under any overdraft protection plan which may be connected to the deposit Account) at that time, the Payment will not be sent. You will receive an alert that the Payment cannot be sent due to insufficient funds in the Funding Account. You will be given the option to select a different payment method.

  3. Paper check

    If you chose to send funds by paper check you must enter a physical address as well as an email address or mobile number for the Contact. The Contact will receive an alert telling them a paper check has been sent. Funds will be withdrawn from your Funding Account at the time the paper check is presented for payment. If there are insufficient funds in the Funding Account (including any available credit under any overdraft protection plan which may be connected to the Funding Account) at the time of presentment, the check will be returned insufficient funds. You shall remain obligated to the Bank for any and all overdrafts and related fees imposed on your account in accordance with the most current applicable Personal Accounts Fee Schedule.

Cancelling Payments and Placing Stop Payments:

  1. If you choose the Contact Choice payment method, you may edit or cancel any Payment Instruction prior to time the Contact makes their choice.
  2. If you choose the Bank Account payment method, you may not edit or cancel the Payment.
  3. If you choose the Paper Check payment method you may request a stop payment be placed on the Funding Account check by contacting Customer Service at (800) 999-4048 or at (316) 383-1340. No stop payment will be placed if the check has already been presented for payment. You may be charged for each stop pay request in accordance with the most current applicable Personal Accounts Fee Schedule.

General People Pay Provisions:

The Bank will use its best efforts to make your Payments properly and in accordance with your Payment Instructions. The Bank shall not be responsible and shall have no liability for any Payment it is unable to complete due to any of the following circumstances:

  • Through no fault of the Bank, your Funding Account does not contain sufficient funds (including any overdraft protection plan which may be connected to the Funding Account) to complete the Payment.
  • People Pay is not working properly and you know or have been advised of the malfunction before you execute the Payment Instruction.
  • You have not provided correct information regarding the Contact.
  • Circumstances beyond the control of the Bank (such as, but not limited to, telecommunications failure, acts of God, fire, riot, war, act of terrorism, or severe or adverse weather) prevent the proper execution of the Payment and the Bank has taken reasonable precautions to prevent the circumstances.

6. External Transfer ("Transfer Service")

In order for you to use the Transfer Service, you must be enrolled in Online and the owner of at least one deposit Account with the Bank. You must be thirteen (13) years of age.

Definitions Specifically Applicable to Transfer Service:

In addition to the definitions included at the beginning of this Agreement, the following terms will have the following meanings:

  • "External Account": A personal account owned by you at a financial institution other than INTRUST Bank located in the United States. (Maximum of 10 accounts)
  • "External Transfer": Transfer of funds from your account at INTRUST Bank ("Internal Account") to an External Account.
  • "Incoming Transfer": Transfer of funds to your account at INTRUST Bank ("Internal Account") from an External Account.
  • "Internal Account": A personal checking, savings or money market account owned by you at the Bank (excluding Health Savings Accounts).

Use of Service:

The Transfer Service allows you to transfer funds from your Internal Account to an External Account. It also allows you to transfer funds from your External Account to your Internal Account.

To set up the Transfer Service you must provide to the Bank the name of the financial institution where the External Account is located, the routing number of that financial institution and the External Account number. An account validation will be performed as part of the set up process. Business Day cut off for account validations transactions is 5:00 p.m. Central Time. Only ten (10) External Accounts may be set up for use in the Transfer Service. It is your responsibility to provide correct routing and External Account numbers for each External Account. You acknowledge that the Bank will rely on the information you provide regarding the External Account and has no obligation to independently verify such information. If you provide incorrect routing or External Account numbers, the Bank is not responsible or liable for any funds that are transferred to an incorrect account.

You agree to not transfer any funds from an External Account where that transaction is not allowed under the rules or regulations of the financial institution holding the External Account. You agree it is your responsibility to obtain any and all permissions necessary, if any, from the financial institution holding the External Account prior to transferring any funds to or from that External Account.

Authorization to Transfer Funds:

You hereby authorize the Bank to transfer all funds through the Transfer Service in accordance with your Transfer Instructions by charging the Internal Account as you direct. You acknowledge the Bank will rely on the Information you provide in the Transfer Instruction. You warrant you own each account enrolled in the Transfer Service (both External Accounts and Internal Accounts) or have full legal right and authority to all funds held in each account, including the authority to direct transfers to and from each account.

You agree you will instruct the Bank to make an External Transfer only when a sufficient balance (including any available credit under any overdraft protection plan which may be connected to the Internal Account) is or will be available in your Internal Account at the time of the transfer. The Bank will verify funds availability once at 6:00 p.m. Central Time. If you do not have sufficient funds (including any available credit under any overdraft protection plan which may be connected to the Internal Account), you agree the Bank may, at its sole discretion, follow your Transfer Instructions even though a debit to your Internal Account may result in or increase an overdraft. The Bank is under no obligation to notify you if an External Transfer is not completed because there are insufficient funds in your Internal Account to process the transaction. You shall remain responsible to the Bank for all overdraft, overdraft or insufficient fund fees, and related fees in accord with the Personal Accounts Fee Schedule (if you are a consumer) or Business Accounts Fee Schedule (if you are a business) in affect at the time and imposed upon your Account due to the Transfer Instruction.

You agree you will make an Incoming Transfer only when a sufficient balance is or will be available in your External Account at the time of the transfer. The Bank will have no obligation to you or the financial institution where the External Account is located for any overdraft or insufficient fees which you may incur due to the Bank following your Transfer Instruction when you have an insufficient balance in your External Account. The Bank is under no obligation to notify you if an Incoming Transfer is not completed.

Notices about your Internal Account, such as failure of a scheduled transfer or low balance, can be established by you through Online. You acknowledge your ability to set such alerts and agree to set alerts within Online for the purpose of notifying you of any failed or uncompleted scheduled transactions. The Bank has no obligation to send notices via any other method.

You may edit or revoke a Transfer Instruction through Online by 6:00 p.m. Central Time on the Business Day the Transfer Instruction is scheduled to occur. After 6:00 p.m. Central Time on that date, the Transfer Instruction may not be edited or revoked.

Any transfer made from any of your savings or money market Accounts is a restricted transfer subject to federal regulations. You may make up to six (6) transfers per monthly cycle, including preauthorized, automatic or telephone transfers. Each online or mobile transfer using a savings or money market Account is considered a preauthorized or automatic transfer. Per monthly cycle is defined as an approximate four (4) week period or cycle, not necessarily a calendar month.

Funds Availability and Processing Order:

External Transfers are processed after 6:00 p.m. Central Time on the date they are scheduled. Sufficient funds (including available credit under any overdraft protection plan which may be connected to the deposit Account) must be available at that time. Any External Transfer entered after 6:00 p.m. Central Time on a Business Day will be processed on the next Business Day. If you transfer funds into the Internal Account, the funds are credited to your Account and made available within four (4) Business Days (new Accounts eight (8) Business Days). The Bank may, in its sole discretion, establish transfer limitations. If established these may be altered at any time without notice.

When the funds are available for viewing in Online or Mobile, the reflected order of debit and credit transactions (including but not limited to transfers, checks and debit card transactions) may vary from the order in which they will be finally processed by the Bank. The Bank reserves the right to determine the order of processing all transactions.

Unsuccessful, Rejected, Delays and Cancellations:

The Bank may reject a Transfer Instruction at any time for any reason in its discretion. If the Bank identifies a security risk related to you or the Transfer Instruction the Bank may reject the Transfer Instruction or delay the transaction.

You authorize the Bank to collect from any of your Internal Accounts sufficient funds for any rejected or returned transactions. Any applicable fees may be charged in accordance with the applicable Personal Accounts Fee Schedule or Business Accounts Fee Schedule. If funds are not available in other Internal Accounts, you agree to reimburse the Bank for the amount of any overdraft, overdraft or insufficient funds fees and related fees imposed upon your Internal Account including all fees applicable whether due to the overdraft or due to the rejected or returned transaction.

Notification of unsuccessful or rejected transactions will be sent through automated alerts in Online. In order to receive such alerts, you must complete the alert set up in Online. The Bank is under no obligation to send notice via alerts or any other method.

Suspension and Reinstatement of the Transfer Service:

The Bank may establish qualifications for use of the Service. If qualifications are established the Bank reserves the right to terminate your use of the Transfer Service immediately at any time you no longer meet the qualifications and to reinstate your use of the Transfer Service at any time you meet such qualifications. Such reinstatement may be with additional limitations.

The Bank reserves the right to terminate your use of the Transfer Service at any time without notice. The Bank may immediately terminate your use of the Transfer Service in order to protect the Bank from loss or if the Bank reasonably suspects that either your Internal or External Account has been compromised, has had one or more unauthorized transactions, or has had fraud or suspected fraud.

Unauthorized Transfers:

If you believe an unauthorized transfer has occurred on either your Internal or External Account, you must notify the Bank immediately by phone at 316-383-1340 or 1-800-999-4048. By providing prompt notice, you may limit your liability as explained in the Electronic Fund Transfer Disclosure you received when opening your Internal Account.

General Terms:

License Agreement and Use:

The Bank herby grants a non-exclusive, non-transferable and revocable license to use the Services solely for personal purposes. You warrant you will not use the Services for any purpose that is unlawful or not permitted under the terms of this Agreement. You further warrant that you will not use the Service in any manner that could damage, disable, overburden or impair the Services, the services of the Bank or interfere with any other party’s use and enjoyment of the Services. You acknowledge and agree you are permitted to use the Services only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile any of the technology used for the Services.

Responsibility for User ID and Password:

It is your responsibility to maintain control and safeguard your User ID and Password. You are solely responsible for all actions taken and instructions given (including but not limited to Internal or External Transfer, Funding, or Payment Instructions) which are authorized by the use of your User ID and Password regardless of who is actually acting or making the requests. You agree to periodically change your Password. In addition, you agree to change your Password upon request by the Bank. If you discover your User ID or Password has been stolen, you agree to notify the Bank immediately.

Compliance with Laws, Regulations and Rules:

You agree to comply with all applicable federal and state statutes, laws, regulations, rules or executive orders including but not limited to the Check Clearing for the 21st Century Act (popularly known as "Check 21"), the Office of Foreign Asset Control executive orders ("OFAC") and the Rules of the National Automated Clearing House Association ("NACHA"), all as may be amended or modified from time to time. A copy of the NACHA Rules may be obtained for a fee from EPCOR, 3100 Broadway, Suite 609, Kansas City, MO 64111-2413.

You agree to provide reasonably requested assistance to the Bank in any formal or informal investigation of any irregular deposits made to any of your accounts.

Changes to Agreement:

This Agreement may be revised at any time, at the discretion of the Bank, effective upon posting the revised Agreement on this Internet Site. Revisions will also be effective if sent by the Bank to the email address you have provided to the Bank, or by U.S. mail to the street address you provided to the Bank. The method used for notice will be at the Bank’s sole discretion and will be in accordance with applicable law or regulation. Notices sent by U.S. mail shall be effective upon mailing.

In addition, this Agreement may be amended to comply with changes in various state or federal laws, regulations or industry rules and standards. Continued use of the Services after posting of a revised Agreement will constitute acceptance of the revised terms and conditions in the Agreement. Any change in this Agreement shall have no effect on the terms of any agreement governing your loan Accounts.

Failure of the Services:

The Bank accepts no responsibility or liability for any delay or failure of the Services to perform as a result of, but not limited to, communication failure, inaccuracy, interruption, delay or failure of the transmission of the Transfer, Payment or Funding Instructions, equipment failure or malfunction (including malfunctions due to computer viruses, malicious code, or other software defect), power failure, energy shortage, act of God, act of governmental authority, act of public enemy, or war, riot, fire, flood, civil commotion, terrorist attack, insurrection, labor difficulty (including without limitation strike, boycott and other work stoppage or slowdown),severe or adverse weather conditions or other causes beyond the Bank’s control.

Discontinuation or Termination of Services:

You may discontinue use of all or any of the Services upon providing the Bank notice by phone at 1-316-383-1340 or 1-800-999-4048 or provide written notice to INTRUST Internet Support, P.O. Box 1, Wichita, Kansas 67201-9889. If you discontinue use of all of the Services the Bank will then cancel your User ID and Password. Once the Bank has acted on your discontinuation notice, you will no longer be able to access the Services without completing the enrollment process again You will remain responsible for all outstanding fees and charges incurred prior to the date of termination and shall promptly pay the Bank for any sums due under this Agreement or any other agreement with the Bank.

The Bank may terminate your use of any or all of the Services at any time for any reason without prior notice. The Bank reserves the right to cancel the Services to all customers without prior notice.

Termination by you or the Bank of Online, Mobile or Mobile Deposit will not affect any obligations arising prior to the termination including but not limited to the obligation to continue processing any checks which were already in the process of being transmitted or collected prior to the termination. If you are discontinuing use of Mobile or Mobile Deposit you must also delete the Mobile Application from your mobile device.

Termination of your use of Bill Pay, regardless of initiated by you or by the Bank, will also terminate eBills. You will no longer have access to eBills unless you have saved them to an electronic file or they can be accessed directly from the Payee’s website. You will be responsible for re-initiating a paper bill with your Payees. The Bank will not be responsible for eBills that are already in process at the time service is discontinued. Your access to Bill Pay will be terminated automatically if the Payment Account is closed or access to the Payment Account is restricted for any reason.

The Bank may terminate your enrollment in Bill Pay if your Bill Pay is inactive for a period of ninety-days. Inactive is defined as no bill payments in the last ninety-days and no active Payment Instructions.

Termination of Online will automatically terminate People Pay. Termination of Mobile will not terminate People Pay unless Online is terminated at the same time. Termination by you or the Bank of People Pay will not affect any Payments in process through the Bank Account method if the payment is in process or the Paper Check method if the check has already been sent. For any Payments in process using the Contact Choice method it is your responsibility to contact the Bank to determine their status.

The Bank will cancel all scheduled Transfer Instructions not yet executed upon termination of the Transfer Service whether termination is by you or the Bank. You acknowledge it is your responsibility to contact the Bank if you are unsure as to the status of a Transfer Instruction upon termination of the Transfer Service.

Indemnification:

You hereby indemnify and hold harmless the Bank, its successor’s and assigns, officers, directors, employees, agents and attorneys, from and against any and all claims, demands, liabilities, losses, penalties and/ or damages, whether based in contract, tort, strict liability or otherwise (including, without limitation direct, consequential, special and punitive damages) and expenses (including, without limitation, costs and expenses of litigation and reasonable attorneys’ fees), directly or indirectly resulting from your breach of any of your warranties, representations and/or obligations under this Agreement or any other agreement between you and the Bank. The terms of this paragraph shall survive the termination of this Agreement provided however, you are not obligated to indemnify the Bank for any damages solely and proximately caused by the Bank’s gross negligence or willful misconduct.

Governing Law

This Agreement shall be governed by and construed in accordance with the law of the state of Kansas without regard to principles of conflicts of laws. Jurisdiction shall be in Sedgwick County, Kansas.

Limitation of Liability:

THE FOREGOING SHALL CONSTITUTE THE BANK’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. THE SERVICES PROVIDED ON THE WEBSITE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE OR FITNESS FOR A PARTICULAR PURPOSE. THE BANK DOES NOT WARRANT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM ANY OTHER PROGRAM LIMITATIONS OR AVAILABLE AT ALL TIMES. IN NO EVENT SHALL THE BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF YOUR EQUIPMENT AND/OR THE ONLINE OR MOBILE SERVICES.

C340-201NT 5/23/2017

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