5Star Bank
ONLINE BANKING AGREEMENT AND DISCLOSURE

This Online Banking Agreement and Disclosure ("Agreement") describes your rights and obligations as a user of the Online Banking service or the Bill Payment service ("Services"). It also describes the rights and obligations of 5Star Bank ("Bank"). Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.

  1. Definitions
  2. The following definitions apply in this Agreement:

    1. "Authorized Representative" refers to a person with authority (with respect to the account);
    2. "Bill Payment" is the online service that enables the scheduling of bill payments using a personal computer;
    3. "ISP" refers to your Internet Service Provider;
    4. "Online Banking" is the internet-based service providing access to your Bank account(s);
    5. "Online Account" means the Bank account from which you will be conducting transactions using a Service;
    6. "Mobile Banking" means accessing online banking from banking services through the use of the mobile app or by going to www.5starmobileus.com on a mobile device.
    7. "Password" is the customer-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service;
    8. "PC" means your personal computer which enables you, with the Internet browser and ISP, to access your Online Account;
    9. "Time of day" references are to Eastern Standard Time;
    10. "User ID" is the Bank-generated identification code assigned to you for your connection to the Service;
    11. "We", "us", or "Bank" refer to 5 Star Bank which offers the Services and which holds the accounts accessed by the Services; and
    12. "You" or "your" refers to the owner of the account or the authorized representative;
  3. Hardware and Software Requirements/ Recommended Browsers
  4. Your online banking pages are supported by most modern browsers. In order to ensure the best possible experience, please be sure you are using the most up to date versions of the browsers listed below. Your browser will need both JavaScript and cookies enabled to access and operate within the site.

    In order to access, view, and retain electronic Disclosures, you must have:

    If you are not using one of the supported browsers listed above, you may encounter issues within your online banking experience. We recommend switching to one of the supported browsers listed above in order to ensure you have an optimal online banking experience.

  5. Access to Services
  6. The Bank will provide instructions on how to use the Online Banking and Bill payment Services. You will gain access to your Online Accounts through the use of your Internet-enabled device, through your ISP, or your mobile device, with your carries data plan, and your Password and your User ID. You may access your Online Accounts 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software.

    For purposes of transactions, the Bank's business days are Monday through Friday, excluding holidays and weekends. All Online Banking transaction requests received after 9:00 p.m.MST on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day. The Bank's business day begins at 8:00 a.m.

  7. Mobile Banking
  8. Mobile Banking if offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to online banking from your personal computer or other methods you use for managing your account and services with us. Mobile Banking allows you to access your account information, make payments to payees, and transfer funds. To utilize Mobile Banking you must be enrolled in Online Banking. It is at your discretion to use 5Star Bank's mobile app or mobile website.

    Mobile Banking may not be accessible or may have limited service over some network carries. Mobile Banking may also not be supported by all Devices. 5Star bank cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or out of network issues.

    A. Use of Mobile Banking Service

    We may modify the service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your device and we will not be liable to you for any losses caused by you failure to use the service or your device.

    B. Other Mobile Banking Agreements

    You agree that, when you use Mobile Banking, you remain subject to the terms and conditions set forth in your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that the agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider). You also agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its product and services and you also agree to resolve any issues or problems with your provider directly with the provider without involving us.

    C. Equipment and Software

    5Star Bank does not guarantee that your device or mobile phone service provider will be compatible with Mobile Banking.

    Mobile phones and other devices with internet capabilities are susceptible to viruses. You are responsible to ensure that your Device is protected from and free of viruses, worms, Trojan horses, or other similar harmful components (collectively referred to as viruses) which could result in damage to programs, files, and or your phone or could result in information being intercepted by a third party. 5Star Bank will not be responsible or liable for any indirect, incidental, special or consequential damages which may result from such viruses. 5Star Bank will also not be responsible if any non-public personal information is accessed via Mobile Banking due to any of the above named viruses residing or being contracted by your Device at any time or from any source.

    The Bank is not responsible for errors or delays or your inability to access the service caused by your device. We are not responsible for the cost of upgrading the device to remain current with the service. We are not responsible for any damage to the device or the data within.

  9. Out of Band Authentication SMS Message Terms of Use
    1. Your wireless carrier's standard messaging rates apply to SMS correspondence. The Bank does not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your Wireless Carrier
    2. You represent that you are the owner, or authorized user of the wireless device you use to receive the service, and that you are authorized to approve the applicable charges.
    3. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
    4. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online you agree to provide accurate, complete, and true information.
    5. The service as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality.
    6. The service is available only in the United States.
    7. We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
    8. If you have any questions, e-mail info@5starbankus.com. This is not a secure email. Do not include personal information such as account numbers, social security numbers or any personally identifiable information. We generally respond to electronic mail within one business day of receipt.
  10. Banking Transactions with Online Banking
    1. Account Access. You may access any account you are an owner or authorized signer on.
    2. Transfer of Funds. In addition to viewing account information, you may use Online Banking to conduct the transfer of funds. You may make one-time transfers or schedule future or recurring transfers such as transfers to make loan payments. You may transfer funds among your checking accounts, savings accounts and money market accounts.
    3. NOTE :Because regulations require the Bank to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:

      • Savings account.You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking.
      • Money Market account. You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking and no more than three (3) of these may be by check, draft or debit card. Please note: If there are not sufficient funds in the account, we cannot complete this transfer. However, future recurring transfers will not be impacted.
    4. Additional Services. New services may be introduced for Online Banking from time to time. The Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services. You may need to sign additional agreements with in these services.

    Schedule of Fees

    The Bank offers the benefits and convenience of the Online Banking Service to you free. The Bank may increase Online Banking Fees with at least 30 days prior notice.

    Other fess may be assessed and billed separately by your online service provider or mobile device provider. All telephone or wireless charges associated with online banking or mobile banking are your responsibility..

    Statements

    You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. Unless you otherwise enroll in Estatments.

    EStatements: By accepting this disclosure you will not be automatically enrolled in online statement. You will be given the option to receive eStatements and accept the disclosures after your first successful login. Online banking statements are available for a period of five (5) months once they being accruing. Please print or download a copy of your period statement to retain for your records.

    Use of Your Security Password

    You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:

    If you suspect any fraudulent activity on your account, call the Bank immediately at 800-776-2265 between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Telephoning the Bank is the best way of minimizing your losses and liability.

    If you believe your Password has been lost or stolen, please use the Password change feature within the Online Banking section of the Web site to change your Password.

    If you have forgotten your password or user ID click on the "I can't access my account" .

    Electronic Mail (E-mail)

    If you send the Bank an e-mail message, the Bank will be deemed to have received it on the following business day. You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.

    Bill Payment Services

    Description of Service. The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be a primary checking account. Through the Bill Payment Service, you can pay bills from your Bill Payment Account to businesses or individuals.

    All payments you make will be deducted from the checking account that you designate as your Bill Payment Account for the Bill Payment Service. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.

    1. Scheduling Payments. Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday), funds must be available in your Bill Payment Account the following business day (e.g. Monday). After funds are withdrawn from your Bill Payment Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.
    2. You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. When you create a new payee in the Bill Payment Service, it takes two (2) business days to set up the payee to receive payments. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee.

      For all subsequent payments, you agree to allow at least four (4) to ten (10) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (ACH) electronic payment, it will take up to four (4) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, the Bill Payment Service will send a check that may take up to ten (10) business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, the Bank will work with the payee on your behalf to reverse any late fees or charges.

    3. No Duty to Monitor Payments. The Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Bank will not be liable in any way for damages you incur for any of the following reasons:
      • insufficient funds in your Bill Payment Account to make the payment on the processing date;
      • delays in mail delivery;
      • changes to the payee's address or account number unless we've been advised of the change in advance
      • the failure of any payee to correctly account for or credit the payment in a timely manner, or
      • any other circumstances beyond the control of the Bank.

      If the session during which you schedule a payment or transfer ends by 2:00 p.m., the Bank will be considered to have received it on that day. Otherwise, it will be considered received on the following business day. For all entries made using the Services, the time recorded by the Online Banking Service will be considered the official time of the transaction.

      If your Bill Payment Account does not have sufficient funds to make a payment as of the date the payment is debited to your account, the Bill Payment Service will automatically block future Bill Payment Service until the account has sufficient funds to make the payment. The Bank will attempt to notify you by e-mail or U.S. Postal Mail, but the Bank shall have no obligation or liability if it does not complete a payment because there are insufficient funds in your account to process a payment. In all cases, you are responsible for either contacting the Service at 1-800-776-2265 to either make alternate arrangements for the payment or reschedule the payment through the Service. In the case of fixed payments, only the payment currently scheduled will be impacted. Fixed payments scheduled for future dates will not be affected.

    4. Cancel or Change Payment Instructions. Payments must be changed or canceled using the Service prior to 7:00 p.m. on the business day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. Stop payment orders whether oral, written, or electronic, will be in effect for a period of six (6) months. If requested by the Bank, you will confirm any stop payment order in writing. After six (6) months, any stop payment will terminate and must be renewed in order to continue in effect. The Bank may pay any item that is presented following the lapse of any stop payment order.
    5. No Signature Required. When any payment or other online Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item and without prior notice to you.
    6. Multiple Person Bill Payment Accounts. If more than one person has access to a Bill Payment account, each person may individually enroll in the Bill Pay service. Each enrolled person needs a unique password but may choose to use the same payee list. Each individual may terminate her/his enrollment in the Bill Payment service without affecting the Service for any other person enrolled in that Bill Payment account. However, any enrolled person may terminate the Bill Payment service that will terminate the service for all enrolled persons on that Bill Payment account.

    Linked Accounts

    All accounts with the Bank that you enroll in a service will be linked by the tax identification numbers of the persons authorized to access the account. The linked accounts will appear together without regard to the ownership of the accounts. For example, if an authorized user of a linked account accesses the Service, that authorized user will be able to view and access at a single time the following accounts:

    Business Accounts

    If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:

    Term and Termination

    Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.

    1. Termination for Cause. We may immediately terminate your electronic banking privileges (including the Bill Payment Service) without notice to you under the following circumstances:
    2. you do not pay any fee required by this Agreement when due or
    3. you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing.
    4. We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.

    5. Termination for Convenience. To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. You may notify the Bank by one of the following methods:
      • By sending an e-mail to bankinfo@5Starbankus.com.
      • By calling 800-776-2265.
      • By writing a letter and either sending it to the following address: P.O. Box 14108, Colorado Springs, CO 80914 or giving it to a Customer Service Representative at any of the Bank's locations.

      If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

    Electronic Fund Transfer Provisions For Consumers

    Applicability. These provisions are only applicable to online electronic fund transfers that credit or debit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT"). When applicable, the Bank may rely on any exceptions to these provisions that are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.

    1. Your Liability. The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:
      1. If you notify the Bank within two (2) business days after your password was lost or stolen, your liability will not exceed $50.00 or the amount of the unauthorized EFTs that occur before notification, whichever is less
      2. If you fail to notify the Bank within two (2) business days after your password was lost or stolen, your liability will not exceed the lesser of $500.00 or the total of:
        • $50.00 or the amount of unauthorized EFTs that occur within the two (2) business days; and
        • the total of authorized EFTs which occur during the two (2) days before notification to the Bank, provided the Bank establishes that these EFTs would not have occurred had the Bank been notified within that two-day period.
      3. You must report an unauthorized EFT that appears on your periodic statement, no later than 60 days of transmittal of the statement to avoid liability for subsequent transfers. Your liability will not exceed the amount of the unauthorized EFTs that occurred with the 60-day period. You may also be liable for the amounts as described in sections 1 and 2 above.
      4. If the report is made orally, we will require that you send the complaint or question in writing within 20 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45). If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.
      5. You may notify the Bank by telephone, writing. Notification by general e-mail to report an unauthorized transaction is not secure and therefore not advised.
    2. Telephone Numbers and Addresses. In case of errors or questions regarding an Online Banking or Bill Payment transaction, call (800) 776-2265 or write us at: Attn: Electronic Banking Services Department, P.O. Box 14108 Colorado Springs, CO 80914.

      We must hear from you at the telephone number or address, listed above, no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:

      1. Your name and account number
      2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information
      3. The dollar amount of the suspected error and date on which it occurred.
      • Liability
      1. Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.

        We will not be liable to you in the following instances:

        • If through no fault of the Bank, you do not have enough money in your account to make the transfer.
        • If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
        • If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
        • If your funds are subject to a legal proceeding or other encumbrance is restricting the transfer.
        • If your transfer authorization terminates by operation of law.
        • If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately.
        • If you have not properly followed the instructions on how to make a transfer included in this Agreement.
        • If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
        • If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.

        IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

      2. Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment account.
      3. Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.
      4. Virus Protection. The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
      • General Terms and Conditions
      1. Bank Agreements. In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement. We will automatically deduct the fees related to this Service from your Bill Payment Account each month.
      2. Changes and Modifications. The Bank may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via e-mail and you will have to be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
      3. Assignment. We may assign this Agreement to an affiliate of the Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.
      4. Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.
      5. Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:
        • where it is necessary for the provision of Online Banking and for completing transfers;
        • in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
        • in order to comply with government or court orders, or other reporting requirements;
        • if you give us your permission;
        • to the Bank affiliated companies.
      6. Governing Law. This Agreement is governed by the laws of the State of Colorado and applicable federal law.

      Welcome to Internet Bill Pay

      ELECTRONIC BILL PAYMENT AUTHORIZATION

      I AUTHORIZE my financial institution to post payment transactions generated by phone and/or PC from the Bill Paying Service to the account indicated on the form being sent electronically. I understand that I am in full control of my account and that my 100% satisfaction is unconditionally guaranteed. If at any time I decide to discontinue service, I will provide written notification to my financial institution. My use of the Bill Paying Service signifies that I have read and accepted all terms and conditions of the Bill Paying Service.

      I UNDERSTAND that payments may take up to 10 business days to reach the vendor and that they will be sent either electronically or by check. My financial institution is not liable for any service fees or late charges levied against me. I also understand that I am responsible for any loss or penalty that I may incur due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from my account.

      Please click Accept if you accept these terms and conditions.
      Please click Decline if you do NOT accept these terms and conditions. You will be returned to the front page automatically and your online banking application will be declined. Please contact customer service at 800-776-2265 with any questions or concerns about online banking or this online banking disclosure.