ALERUS FINANCIAL ONLINE SERVICES BANKING AGREEMENT
This Agreement is entered into between Alerus Financial, N.A. (“we”, “us” or ”Alerus") and any customer of Alerus (“you” or “Customer”) who subscribes to Alerus Online, our online banking service. Subject to the provisions of this Agreement, you will have access to the Alerus Online services (“Alerus Online” or the “Services”).
The terms and conditions contained in this Agreement are in addition to those which may apply to any depository accounts, loans, credit agreements or other services you may have with us.
For the purposes of this Agreement, the following definitions apply:
A. "Business Day" means any day other than a Saturday or a Sunday, or any holidays observed by us. The time set for the end of the Business Day is determined by us from time to time based upon our standard banking procedures.
B. “Eligible Account” means the Alerus financial products that you have with us and includes deposit accounts, savings accounts, time accounts and loans, including lines of credit. All Eligible Accounts will be linked by means of your social security number or tax identification number, and you will be able to view and access any Eligible Accounts for which you are a co-owner or authorized signer. Certain accounts with restricted access will not be allowable as Eligible Accounts.
C. "Payment Date" means the date on which you have requested that we make a scheduled payment. It is your responsibility to schedule this date sufficiently in advance of the date the payment is due to be received by the payee to assure timely payment.
All references to time of day in this Agreement refer to Central Standard Time.
2. Access to Services
To use Alerus Online, you must have at least one Eligible Account with us and access to the Internet. You can register online by selecting the Accept button at the end of this Agreement. To register online, you must complete all required information fields on the enrollment screen. By completing the online enrollment, you authorize us to treat your enrollment as if it had been in writing and signed by you. All Eligible Accounts that you have with us will be linked to Alerus Online upon enrollment, but you will have the ability to remove accounts from your display. By accessing Alerus Online, you will have access to the following Services:
A. Transfers: the Transfer feature of the Services is the means by which you may initiate transfers between two of your accounts with us.
B. Bill Payment: the Bill Payment feature is the means by which you may direct payment of your bills by us on a one-time or recurring basis by use of collected funds in your designated checking account.
C. Stop Payments: the Stop Payment feature is the means by which you may stop a payment request from your account.
D. e-Statements: the e-Statement feature is the means to receive statements and disclosures from Alerus electronically and will eliminate the need to deliver statements on paper through the U.S. mail.
E. Mobile Banking: the Mobile Banking feature is the means to retrieve limited online banking information such as balances and transactions and to perform specific tasks like transfers and bill payments, through mobile Internet access devices, subject to the Mobile Services Terms and Conditions, and a means to deposit checks from your mobile device, subject to the Mobile Services Terms and Conditions.
F. Professional Financial Manager: the Professional Financial Manager feature allows you to aggregate your account data from virtually any online financial source – including investment accounts, employee stock plans, mortgages, insurance and banking – and to view your balances, positions and transactions across all of your accounts.
G. External Transfer: the External Transfer feature is the means to electronically transfer funds between Alerus transaction deposit accounts and transaction deposit accounts at other financial institutions. Funds may be transferred as a one-time event or on a recurring basis. External Transfer may also be used to electronically send money to individuals utilizing the recipient’s current email address, mobile phone number, or account number information.
Additional services may be offered under this Agreement from time to time by an amendment to this Agreement or we may post electronic service terms and conditions for a new service and notify you of its availability. Any of the Services may be modified or terminated by us from time to time.
You can access Alerus Online 7 days a week, 24 hours a day. However, some or all of Alerus Online may occasionally be unavailable due to emergency or scheduled maintenance. We will post notice of any extended periods of non-accessibility on Alerus Online whenever possible. Alerus Online may be unavailable due to Internet service interruptions, equipment problems or other disruptions to the Services.
By registering for Alerus Online, we are granting you a personal, limited, non-exclusive, non-transferable license to electronically access and use Alerus Online solely for your benefit. In addition, you may have access to certain other programs, tools, Internet-based services, components and any "updates" (for example, maintenance, help content, bug fixes, or maintenance releases, etc.) to the Services, if and when available. Certain Services offered through Alerus Online may be accompanied by, and will be subject to, additional terms and conditions.
You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data on Alerus Online that is not available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way the information or material contained in Alerus Online; (iii) permit any third party to benefit from the use or functionality of Alerus Online, or any other services provided in connection with Alerus Online in any way; (iv) transfer any of the rights that we have licensed to you under this Agreement; (v) work around any technical limitations in Alerus Online, use any tool to enable features or functionalities that are otherwise disabled or decompile, disassemble or otherwise reverse engineer Alerus Online; (vi) perform or attempt to perform any actions that would interfere with Alerus Online’s proper function, prevent access to or the use of Alerus Online by other licensees or customers, or impose an unreasonable or disproportionately large data load on the infrastructure while using Alerus Online; or (vii) use Alerus Online in a manner not expressly allowed under this Agreement.
3. Security Procedures and Measures
A. User Name and Password
In order to access Alerus Online, you will be required to establish a user name and password and will also be required to select five security questions and answers at the time of enrollment (collectively the "Access Information"), which will be used to verify your identity. You are responsible for maintaining the security of your Access Information and any other information that may be used to access Alerus Online and your accounts. You acknowledge that any third party who obtains a copy of your Access Information may be able to access Alerus Online, your accounts and the Services available to you through Alerus Online and pursuant to this Agreement. You further acknowledge that it is critical to keep your Access Information secure and confidential at all times.
You agree to take all necessary precautions to ensure your Access Information is maintained securely and confidentially and is provided only to those individuals you have authorized to access Alerus Online, your accounts and the Services hereunder. You acknowledge that we will have no means of determining whether any individual accessing Alerus Online, your accounts and the Services hereunder is doing so with or without your authority and that we will conclude that any access to Alerus Online, your accounts and the Services is authorized by you if such access is obtained by the use of your Access Information unless you notify us otherwise prior to such access. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Access Information. It is assumed that any Communications received through the use of the Access Information were sent or authorized by you. You acknowledge and agree that you will be liable for any unauthorized use of your Access Information, subject to the limitations of the Electronic Funds Transfer Act.
We also encourage you to routinely scan your computer, diskettes, flash drives, and software using reliable virus detection software. Undetected or unrepaired viruses may alter, corrupt, damage, or destroy your programs, files, and even your computer. Some viruses can steal your personal information including your Access Information, which would allow access to your Alerus Online account.
As an additional security measure, your Access Information will expire if you do not log into Alerus Online for 180 days. You must log on to Alerus Online at least once every 180 days to keep your Access Information active. If you do not sign on to your Bill Payment account at least once every 180 days, your ability to access the Bill Payment will expire even if you otherwise sign on to and utilize Alerus Online during that time. If you wish to use Alerus Online and your Access Information has expired, you will have to re-register and re-establish your Access Information.
You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of your Access Information. We reserve the right to deny access to the Services if we believe that your Access Information has been stolen or lost or that your Alerus Online account is being used without authorization. Your access to Alerus Online is at our sole discretion, and we reserve the right to terminate or suspend your access to Alerus Online at any time and for any reason without prior notice.
Alerus Online uses encryption technology. Your browser automatically activates this technology when it attempts to connect to Alerus Online. Depending on your browser, whenever such technology is securing your communications, your browser may indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.
C. Certificate Authority
The servers hosting Alerus Online have been certified by a Certificate Authority to assure you that you are actually interfacing with Alerus Online instead of someone pretending to be us. If you are using an older browser, you will see that the Certificate Authorities key may have expired; you will need to update your browser. By clicking on the lock within Alerus Online, you can view the certificate to ensure it is valid.
While using Alerus Online, our service provider will pass a persistent encrypted cookie to your computer in order to confirm the identity of each user. While this cookie enables us to process multiple transactions during the session without you having to provide your user name and password for each individual transaction, it scores online transactions and will challenge you with security questions when you request certain transactions or reach certain limits. You should ensure that your browser will accept persistent cookies. Your security is enhanced by acceptance of the cookie. The cookie is stored on your computer’s hard-drive.
4. Computer and Software
Alerus Online is accessed via the Internet through certain third party computer software. Any computer and browser software that you use to access Alerus Online must meet certain minimum requirements. Alerus Online works with many browsers available on the market today but works best when using Microsoft’s Internet Explorer. Browsers must operate with a minimum of 128bit encryption. We make no representations or warranties regarding the accuracy, functionality, or performance of any third party software, like Internet browsers, Quicken or any other personal financial management software, that may be used in connection with Alerus Online.
You agree that you are responsible for the installation, maintenance, and operation of your computer and your software. The risk of error, failure, or nonperformance of your computer and software is your risk and includes the risk that you do not operate your computer or your software correctly. We are not responsible for any errors or failures from any malfunction of your computer or your software. We are also not responsible for any computer virus related problems or other defects including the risk of all misdirected communications that may be associated with the use of Alerus Online. We will have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or your software. WE MAKE NO WARRANTY TO YOU REGARDING ALERUS ONLINE OR ITS COMPATIBILITY WITH YOUR COMPUTER OR SOFTWARE.
You agree that, from time to time, we may upload information to your computer to make the operation of Alerus Online more efficient.
5. Transaction Authorization
By utilizing the Services available under this Agreement, you will be entitled to authorize various transactions electronically that otherwise would require written authorization. By using Alerus Online, you agree that we are authorized to complete each transaction initiated electronically through Alerus Online, including, but not limited to, transfer of funds, extension of credit under notes and issuance of checks or electronic payment.
6. Recording and Customer Information
You agree that we may record your electronic access to your accounts through Alerus Online and any telephone calls you may have with our representatives.
You further agree that we may disclose information to third parties about your account or online transactions in the following circumstances:
• When it is necessary to complete transfers or bill payment or to investigate or resolve a problem related to a transfer or bill payment,
• To verify the existence and condition of the account for a third party, such as a merchant or credit bureau,
• To comply with a government agency or court orders or at the request of one of our regulators,
• If you give us permission.
We may also make additional services and offers available to you, which may rely on the information in your accounts. You will have the opportunity to participate in the services if you so choose; however, if you choose not to participate, you do not need to notify us.
7. Insufficient Funds; Holds
If your Eligible Account has insufficient funds to perform all transfers requested for a given Business Day, then:
• We may determine the order of items posted for payment,
• Any transfers initiated through Alerus Online which would result in an overdraft may, at our discretion, be cancelled,
• If a transfer initiated through Alerus Online which would result in an overdraft of an account is not cancelled, overdraft charges may be assessed pursuant to the terms of the applicable account agreement, and
• If a hold has been placed on deposits made to an Eligible Account from which you wish to transfer funds, we will not allow the transfer of the funds subject to the order until the hold has expired.
You are responsible for all transfers initiated authorized or made from your account, including inadvertent, unintentional or mistaken transfers. You are also responsible for any costs to us related to the use of, or access to, your accounts by a third party. If we return a requested transfer as insufficient funds, your External Transfer access may be suspended and no pending or future dated transfers will be processed.
8. Electronic Consent and e-Statements
The Services are Internet-based. You understand and agree that by using the Services you consent to receiving periodic Alerus e-Statements along with any other disclosures that we might send with an Alerus statement, such as Electronic Funds Disclosures or other required disclosures relating to your accounts, electronically. When it is applicable, various account statements may be combined on a single statement. Further, you understand and agree that by using the Services you consent to the use of electronic records and signatures. By using this Service, you acknowledge that we will no longer send the statement or cancelled checks through the U.S. mail. You further agree to provide us with and maintain a valid email address where we may deliver Alerus e-Statements to you and to notify us promptly of any change to your email address. You understand that our ability to provide you with Alerus e-Statements and other disclosures is dependent upon you maintaining a valid email address.
The same terms apply with respect to Alerus e-Statements as for those delivered in paper form, and the deposit Agreements and disclosures previously received from us remain in effect. The frequency of e-Statements is dependent upon the account type and applicable regulations. We may change, suspend or eliminate any or all aspects of this delivery service upon notice to you, and you may cancel e-Statements at any time by contacting us.
To receive Alerus e-Statements and other disclosures electronically, you must have access to the following hardware and software:
• A personal computer
• An operating system such as Windows® XP, Windows Vista®, Windows® 2000, or Macintosh OS 10.x;
• An internet browser, such as Microsoft Internet Explorer® 8.0 or 9.0, Firefox, or Safari™ 6.0, with a minimum 128-bit encryption for accessing the Internet;
• Access to the Internet through your internet service provider (ISP); and
• Software to access Portable Document Format or “PDF” files, such as the latest version of Adobe Acrobat Reader ® (available for download at http://get.adobe.com/reader/).
• An email account and email reader software capable of handling HTML email,
• Sufficient electronic storage capacity on your computer's hard drive or other data storage unit, and
• A printer capable of printing from your browser and email software.
If hardware of software requirements change, we will notify you of these changes and the new requirements.
By using this Service, you also confirm that you have access to the hardware and software set forth above and will continue to have access to such hardware and software in a manner that permits you to access and retain Alerus e-Statements and any other disclosures relating to your Alerus accounts or transactions that we might send you electronically.
You have the right to receive a paper copy of an Alerus e-Statement or any electronic disclosures by sending a request to us. Your request should specify the disclosure that you would like us to send and provide your name and mailing address. You can make such request by: send an email message to www.alerus.com, call us at (800) 279-3200, ext. 2662, or write to Alerus Financial, N.A., attention: Customer Care Center, P.O. Box 6001, Grand Forks, North Dakota 58206-6001.
9. External Transfer
We offer External Transfer services by means of electronic transfers. These services include both one-time transfers and recurring transfers. A one-time External Transfer is an electronic transfer request that is a single transaction without instructions to repeat the transaction at a future date. Recurring transfers are for transfers arranged in advance to be paid on two or more future dates. The External Transfer Service allows for both inbound and outbound transfers. Inbound transfers are initiated through the External Transfer Service and deposited to an Alerus account from an account at another institution. Outbound transfers are initiated through the External Transfer Service to send funds from an Alerus account to an account at another institution. You must be the owner of the Alerus account and the account at the other institution in order to make an External Transfer.
We utilize a third party provider for External Transfer Services. Enrollment in the External Transfer Service is optional. You are bound by the terms and conditions supplied by our third party External Transfer provider, which will be provided to you at the time the External Transfer Service is requested.
You agree that the methods of electronic external transfer are reasonable. Subject to the limitations on our liability set forth in this Agreement, if we do not complete a transfer to or from your Eligible Account on time or in the correct amount, when properly instructed by you to do so, we will be liable to you for your losses or damaged caused as a result.
To subscribe to External Transfer, you must have at least one Eligible Account with us. An account that requires two or more signatures to make withdrawals may not be designated for use with this service. Unless otherwise agreed, business accounts will not be allowed to use the service.
• The number of Transfers from an Eligible Account and the amounts which may be transferred are limited pursuant to the terms of the applicable Eligible Account agreement and disclosure for those Eligible Accounts.
• You are required to complete the verification process for each account held outside of Alerus that will be utilized with the External Transfer feature to allow us to transfer funds to or from their account held at Alerus.
We reserve the right to refuse to complete transfer requests using External Transfer. We also reserve the right to terminate the use of the External Transfer service.
10. Transaction Posting
One-time Transfers initiated through Alerus Online before 11:00 p.m. on a Business Day are posted to an Eligible Account on the same day. One-time Transfers completed after 11:00 p.m. on a Business Day or on a non-Business Day will be posted on the next Business Day. Scheduled Transfers initiated through Alerus Online before 6:00 p.m. on a Business Day will be posted to an Eligible Account the same day. Scheduled Transfers completed after 6:00 p.m. on a Business Day or non-Business Day will be posted on the next Business Day. Alerus Online identifies Transfers based upon the Access Information of the user who made the Transfer.
11. Bill Payment
We offer the Bill Payment Service through the use of electronic transfers and/or checks. The Bill Payment Service includes both single payment and recurring payment types of bill payment services. Single payment services are one-time transactions in which a single electronic transfer or check is issued upon your advance request. Recurring Bill Payments are for electronic transfers or checks arranged by you in advance to be paid on two or more future dates. Duplicate payments (i.e., two payments on the same day, for the same amount, to the same party) are not permitted.
We utilize a third party provider, CheckFree Services Corporation (“CheckFree”), for the Bill Payment Services. Enrollment in the Bill Payment Service is optional. If you choose to use the Bill Payment Services, you will be bound by the Terms and Conditions of the Bill Payment Services, which will be provided to you at the time the Bill Payment Service is requested. Any interruption of service or access by CheckFree will prevent your use of the Bill Payment Services.
The following requirements, in addition to any requirements in the Bill Payment Terms and Conditions, apply to any Bill Payment request:
• All Bill Payments will be deducted from your designated Alerus Financial Checking Account. Bill Payments can be made on a one-time or on a recurring basis. We are responsible only for exercising ordinary care in making payments and for mailing or sending a payment to the designated payee.
• Bill Payments may be made through the Bill Payment Services to any business, merchant or professional that generates a bill or invoice for consumer products or services. You may also use the Bill Payment Services to send payments to individuals, organizations, family or friends. Bill Payment Services may not be used to make payments to federal, state or local government, courts or tax units that do not accept third party payments; payees outside of the United States or its territories; or to other categories of payees established that we establish from time to time.
12. Popmoney Personal Payments Services
13. Personal Financial Manager
The Professional Financial Manager features allows you to aggregate your account data from virtually any online financial source and enables you to view your aggregated accounts in one consolidated view. The Professional Financial Manager feature gives you the ability to understand your specific investment positions and holdings and enhances your ability to track investment performance and financial goals. This service is offered through a third party provider, and you will be bound by the terms and conditions provided to you when you use the service.
14. Stop Payment Requests
You may initiate stop payment requests via Alerus Online only for paper checks that you have written on your Alerus accounts. Stopping the payment of a paper check is different from stopping a Bill Payment, and stop payment requests for Bill Payments are not covered by this section. Online stop payment requests for paper checks are processed immediately. To be effective, a stop payment request must precisely identity the name of the payee, the check number, the amount of the check and the date of the check. You will incur stop payment charges as disclosed in the current fee schedule for the applicable account. A stop payment request will remain in effect for 6 months and can be renewed for additional 6-month periods provided that the renewal occurs during the period in which the stop payment request is effective.
Unlike a stop payment request for a Bill Payment (which cannot be made once the Bill Payment amount has been deducted from your account), you may be able to stop payment on a paper check by contacting us by telephone before the paper check has cleared. You must contact us by telephone to determine whether the paper check has cleared. If the paper check has not cleared, we will immediately process your stop payment request. To be effective, this type of stop payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and the schedule date of the payment. Stop and re-issue charges for Alerus Online bill payment checks or drafts will be assessed in addition to the stop payment charges for the applicable account.
15. Alerus’ Liability for Failure to Make Transfers and Disclaimer of Warranty
We will use our best efforts at all times to provide you with prompt and efficient service. However, we make no warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose, or representations regarding Alerus Online or the Services, and we will have no liability to you or any other person for any damages, losses, claims, liabilities or expenses, except those resulting from our own willful misconduct or gross negligence. You agree that we are not liable for, and hereby release and waive any claims against us, relating to any damage, loss or cost incurred by you resulting from or arising out of the acts or omissions of any third parties, including, but not limited to any Federal Reserve Bank or any other financial institution or entity receiving or transmitting transactions or funds. Should there be any failure to perform or errors or omissions with respect to any transmission, our liability is limited to our use of our best efforts to correct or cause to be corrected such failure in performance or errors or omissions. In no event will we be liable to you or to any third party (including your customers, vendors, agents and employees) for any extraordinary, special, consequential or exemplary loss, damage, claim, liability, or expense, even if we have been advised of the possibility of such loss, damage, claim, liability, or expense. We specifically will NOT be liable:
• If, through no fault of ours, you do not have enough collected funds in the account to make the requested transfer or the transfer would cause the balance in the account to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
• If the funds in your account are subject to a legal process, hold or any other encumbrance restricting transfer,
• If circumstances beyond our control (such as fire, natural disaster, disruption of electrical power, failure of computer or telecommunication equipment or systems or technical malfunction) prevent the Transfer, External Transfer, Bill Payment or other transaction, despite reasonable precautions that we have taken,
• If you have not provided us with accurate information, including, without limitation, the name, address, payee-assigned account number, payment or transfer date and payment or transfer amount,
• If you have not properly followed the instructions for using Alerus Online,
• If the estimated time of delivery of a Bill Payment to the payee is inaccurate,
• If delays in mail delivery or changes of payee address or account result in the failure of any payee to account correctly for, or credit a transfer, in a timely manner, and for any late payment charges or other charges to your account due to any delays or lost transfers,
• Any losses that you may incur if properly addressed information that we send to you is intercepted by an unauthorized person, either in transit or at your residence,
• If you, or anyone authorized by you, commits any fraud or violates any law or regulation,
• If any electronic terminal, telecommunication device, computer or any part of the Alerus Online electronic fund transfer Service is not working properly and you knew about the problem when you started the Bill Payment.
16. Customer Liability
Subject to the limitations set forth in the Electronic Funds Transfer Act, you are responsible for all transactions initiated by any party through the use of your Access Information, whether or not you have authorized such use for the specific transaction or whether such transactions were inadvertent, unintentional or mistaken. You are also responsible for any costs to us related to the use of, or access to, your accounts by a third party.
If you provide us incorrect information in connection with a transaction, you will be liable for the recovery of funds sent to the wrong party and will still be obligated to pay for the amount of the payment request. You acknowledge that we will not be liable for any late payment charges or other charges to your account due to any delayed or lost transfers, and we shall not be liable for any losses due to causes beyond our control
You are responsible for and will bear all risk with regard to proper operation of your computer and browser software, the security of your information (other than the information within our computer system), the presence or effect of any software viruses or other defects, and the risk of all misdirected communication. We have no liability with regard to any of the foregoing, directly or indirectly.
17. YOUR RIGHTS AS A CONSUMER:
The following sections apply only to individuals who access the Service for personal, family and household purposes.
A. In Case of Errors or Questions about Electronic Transfers, including Bill Payments
To report unauthorized access or unauthorized transactions, loss or other disclosure of your Access Information, your need to change Access Information or other time specific problems, you should contact us immediately by telephone at 800-279-3200, ext. 2662. You should not rely on electronic communication of such report for primary notice, but should instead provide written confirming notice by mail, or by personal delivery to the following address:
Alerus Financial, N.A.
Attn: Customer Care Center
P.O. Box 6001
Grand Forks, ND 58206-6001
If you contact us by telephone or secure message, we may require that you send us your complaint or question in writing by postal mail or fax within 10 Business Days.
We must hear from you no later than 60 days after we communicated the FIRST statement on which the problem or error appeared.
• Tell us your name and account number.
• Describe the error or the 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.
• Tell us the date and dollar amount of the suspected error.
• If the suspected error relates to a Bill Payment made via the Bill Payment Services, tell us the account number used to pay the bill, payee name, the date the payment was sent payment amount, ID number and the payee account number for the payment in question.
If you tell us orally, we may require that you send your complaint or question in writing within 10 Business Days.
Generally, we will tell you the results of our investigation within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days for the amount you think is in error so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account. We will tell you the results within three Business days after we finish our investigation. If we decide that there was no error, we will send you a written explanation within 3 Business Days and debit any money previously credited to your account. You may ask for copies of documents that we used in our investigation.
B. Customer Liability for Unauthorized Transfer
Tell us AT ONCE if you believe your Access Information have been compromised or stolen or if you believe that a Transfer has been made using the information from your check without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two Business Days after you learn of the loss or theft of your Access Information, you can lose no more than $50 if someone used your Access Information without your permission. If you do NOT tell us within two Business Days after you learn of the loss or theft of your Access Information, and we can prove that we could have stopped someone from using your Access Information without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
18. Miscellaneous Provisions
Fees payable by you for access to and use of the Services are as specified in the account agreements provided to you when you opened your Eligible Accounts, and may be modified from time to time. You agree that we may deduct all such fees from any of your accounts with us; however you can request that we first deduct such fees from an account that you specify.
B. Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any Service, your increased liability, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or the electronic fund transfer system. We will post any required notice of the change in terms on the Alerus Online website or forward by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any part of or the entire Alerus Online indicates acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations.
Any notice to us permitted or required under this Agreement will be effective upon our receipt of such notice. Notices to you will be deemed effective upon being mailed, postage pre-paid by first class mail, or upon transmission to the email address that you last provided to us or when made available on our website. Email communications are not secure and therefore you should not attempt to convey any confidential information or convey your Access Information via email.
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Secure Message: We may be contacted by sending a secure online message through Alerus Online
Telephone: (800) 279-3200, ext. 2662
Facsimile: (701) 795-2652
Mail: We may be contacted at the following address:
Attn: Customer Care Center
P.O. Box 6001
Grand Forks, ND 582006-6001
In Person: You may visit us in person at any one of our locations, which can be found at www.alerusfinancial.com.
Any communications which require an immediate response should be made by telephoning us at the number set forth above. Examples of communications which require an immediate response include reports of unauthorized account transactions and lost or stolen passwords.
E. Laws and Regulations
You acknowledge that portions of the Services are governed by the Electronic Funds Transfer Act and regulations there under, and other federal and state laws and regulations may apply from time to time. You further acknowledge that the Internet access allowed under this Agreement is simply a different means of accessing your accounts.
F. Denial of Services
You acknowledge that we may deny access to any of the Services at our sole discretion from time to time as a result of credit issues, for security purposes or as otherwise determined by us, and may also implement restrictions on the continued use of such Services.
G. Information Authorization
You agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that we reserve the right to obtain financial information regarding your account(s) from a merchant or other institution to resolve payment posting problems.
You may not assign this Agreement to any other party. We may assign this Agreement to any future, directly or indirectly, affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
I. Customer Indemnity
You hereby agree to indemnify and hold us harmless from any cost, liability or expense, including reasonable attorney’s fees, arising out of any claim against us by a third party for any reason arising with respect to our actions related to this Agreement or those of any third party providing the bill payment services, except and only to the extent such claim is the result of our failure to exercise ordinary care or act in good faith.
J. Effect of Agreements
You acknowledge this Agreement and the other Agreements referenced herein are in addition to any other Agreements now or hereafter in existence between us and you, including any disclosures, signature cards and corporate resolutions in effect from time to time with respect to any your accounts with us. All such Agreements will be interpreted to be mutually consistent to the fullest extent possible.
This Agreement, together with other written Agreements between the parties referred to herein, and our applicable rules and regulations, represent the entire understanding of the parties. If any portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, only such unenforceable provisions will be stricken and all remaining portions will be given full force and effect.
The captions of sections hereof are for convenience only and do not control or affect the meaning or construction of any of the provisions of this Agreement.
This Agreement will remain in effect until it is terminated by you or us. You may request termination of this Agreement at any time by contacting us using one of the methods outlined in the section titled Communications and providing us with your name, address, your intent to discontinue Alerus Online and the effective date to stop the Services. Your access to Alerus Online will be suspended within 3 Business Days of our receipt of your instructions to cancel the Service. You will remain responsible for all outstanding fees and charged incurred prior to the date of cancellation. Any termination of this Agreement will not affect any other services that we provide nor will it affect any of your obligations under this Agreement.
You agree that we may terminate this Agreement and your use of Alerus Online in whole or in part at any time without prior written notice. We will promptly notify you if we terminate this Agreement or use of the Services for any reason.
N. Governing Law
This Agreement and the Services are governed by the laws of the State of North Dakota and applicable federal law, without regard to any different state laws that may govern your Eligible Accounts.
O. Jurisdiction and Venue
You hereby agree that any litigation that we may bring hereunder will be brought exclusively in the state or federal court located in Grand Forks, North Dakota, and you waive any objection it may have based on improper venue or forum non conveniens to the conduct of any such proceeding.
P. Waiver of Jury Trial
Both parties agree to waive the right to a jury trial in the resolution of any dispute or claim between them.
Q. Attorney’s Fees
In the event of a breach by one party to this Agreement, the non-breaching party will be entitled to recover all costs, including reasonable attorney’s fees, incurred in enforcing its rights hereunder.