Terms and Conditions


Funds Availability Policy

The policy of Cornerstone Bank is to make funds from deposits available on the same business day the deposit is received. At that time, funds can be withdrawn in cash and used to pay checks that have been written.

For determining the availability of deposits, every day is a business day, except Saturdays, Sundays and federal holidays. If you make a deposit before 5:00 p.m. Monday through Friday at any York location or by 4:00 p.m. at any of our other branch locations on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 5:00 p.m. at any York location or after 4:00 p.m. at any of our other branches, we may consider that deposit as being made on the next business day we are open. Signs posted, where these deposits are accepted, will let you know if this is going to occur. In addition, for deposits made on a day that we are not open, we will consider that the deposit was made on the next business day that we are open.

If you make a deposit at an ATM before 6:00 p.m. on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit at an ATM after 6:00 p.m. or on a day that we are not open, we will consider that the deposit was made on the next business day that we are open.

If you make a deposit via Mobile Deposit before 5:00 p.m. on a business day that we are open, we will consider that day to be the day of your deposit.  However, if you make a deposit via Mobile Deposit after 5:00 p.m. or on a day that we are not open, we will consider that the deposit was made on the next business day that we are open.

Longer Delays May Apply

In some cases, the Bank will not make all of the funds that are deposited by check available on the first business day after the day of deposit. Depending on the type of check deposited, funds may not be available until the second business day after the day of deposit. However, the first $200 of the deposit will be available on the first business day.

If the Bank is not going to make all of the funds from a deposit available on the same business day, the depositor will be notified at the time of deposit. The depositor will also be told when the funds will be available. If the deposit is not made directly to a Bank employee, or if the Bank decides to take this action after the depositor has left the premises, the Bank will mail a notice to the depositor by the day after the deposit is received.

If a depositor needs the funds from a deposit right away, the depositor may ask when the funds will be available.

In addition, funds deposited by check may be delayed for a longer period under the following circumstances:

  • The Bank believes a check deposited will not be paid.
  • Checks totaling more than $5,000 on any one day are deposited.
  • A check that has been returned unpaid is re-deposited.
  • An account has been overdrawn repeatedly in the last six months.
  • There is an emergency, such as failure of communications or computer equipment.
  • Availability of funds deposited in new accounts may be delayed the first 30 days the account is open, except for deposits of U. S. Treasury Checks, state and local government checks, cashier's checks, certified checks, tellers checks, traveler’s checks and funds from electronic direct deposits.

The Bank will notify the depositor if the ability to withdraw funds is delayed for any of these reasons, and the Bank will tell the depositor when the funds will be available. These deposits will generally be available no later than the seventh business day after the day of deposit.

 

Online Banking Disclosure

 

(Internet) Agreement

1. The Service.

In consideration of the Online Banking services ("Services") to be provided by Cornerstone Bank ("BANK"), as described from time to time in information distributed by BANK to its customers. In the agreement, "Customer" refers to the person(s) subscribing to or using the Service. The Customer agrees as follows: You may use a Personal Computer ("PC") or web based phone through an Internet connection to obtain account balances and transaction information. You may also use your PC or web based phone to obtain statements on your accounts and to transfer money between your accounts. However, transfers from your savings and Money Market accounts are considered pre-authorized transfers, and pre-authorized transfers are limited to six (6) per monthly statement cycle by federal regulations. By subscribing to the Service or using the Service to make any payments to a third party, you agree to the terms of the Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.

2. Your Access ID and Password.

Each individual who has access to Online Banking, including each individual named on joint accounts, must designate an access ID and password. Your access ID and password must be a minimum of 6 characters, which must consist of at least one(1) letter and one (1) numeric character. The letters are case sensitive. For example, if you enter your password as: 1234abc you cannot use 1234ABC. It is recommended that you change your password periodically to enhance security. Your access ID and password are sensitive personal data.  You should select an access ID and password that are hard to guess.  They should not be based on your name, address or other personal information. 

 

3. Delivery of Your Transfers.

You may schedule transfers between your Cornerstone Bank accounts to be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions in the Agreement. Although you can enter transfer information through the Service twenty-four (24) hours a day, seven (7) days a week, transfers can be initiated only on business days. Funds will be deducted from your Account on the business day on which a transfer is to be "initiated." This date is referred to in this Agreement as the "Transaction Date." If you direct the initiation of a transfer to occur on a day other than a business day, it will be initiated on the following business day.

 

4. Recurring Transfers

Recurring transfers are those made for the same amount and are made on a weekly, bi-monthly, monthly basis, etc. Once started, recurring transfers will be made automatically until you tell us to stop or cancel the transfer on-line and we have a reasonable opportunity to react.

 

Bill Payment Terms and Conditions

 

Please refer to the CheckFree Terms and Conditions of the Bill Payment Service. 

 

5. Our Liability for Failure to Complete Transactions.

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we might be liable for some of your losses or damages. However, there are some exceptions. We will not be liable for instance:

  1. if, through no fault of ours, you do not have enough money in your account to make the transfer;
  2. if the money in your account is subject to legal process or other encumbrances restricting transfer;
  3. if the transfer would go over the credit limit on your overdraft line (if any);
  4. if the system was not working properly when you started the transfer;
  5. if circumstances beyond our control (such as fire or flood or systems failure) prevent the transfer, despite reasonable precautions that we have taken.

 

6. Canceling a Transfer.

You may use your PC to cancel a transfer up to 6 p.m. (CST) on the business day your transfer is scheduled to be initiated ("Transaction Date"). There is no fee for canceling a transfer Online. 

7. Statements.

All payments, transfers, and/or fees made with the Service will appear on your monthly Account statement. The Payee name, payment amount, and date of the payment will be shown for each payment made through the Service during that month.

 

8. Fees.

Fees for Services shall be payable in accordance with a schedule of charges as established and amended by BANK from time to time. Charges shall be automatically deducted from customer’s Account, and BANK shall provide to Customer monthly notice of such debit(s) on your statement.

 

9. Equipment.

You are solely responsible for the equipment (including your personal computer and software) you use to access the Services. We are not responsible for errors or delays or your inability to access the Services caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the Services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.

 

10. Business Days/Hours of Operation.

Our business hours are 8 a.m. to 5 p.m. (CST), Monday through Friday, except bank holidays. Although payments and transfers can be completed only on business days, the Service is available 24 hours a day, seven days a week, except during maintenance periods.

 

11. eStatements

If you have elected to receive your statements electronically and at a later date would like to begin receiving a paper statement, please notify Cornerstone Bank, 529 Lincoln Ave., York NE 68467.

  

12. Notice of Your Rights and Liabilities.

Security of your transactions is important to us. Use of the Services may therefore require a PIN or password. If you lose or forget you PIN or password, please call (402) 363-7411 during normal business hours listed above. We may accept as authentic any instructions given to us through the use of your password or PIN. You agree to keep your PIN and password secret and to notify us immediately if your PIN or password is lost or stolen or if you believe someone else has discovered your PIN or password. You agree that if you give your PIN or password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the Services. Online Banking Services enables you to change your password; we recommend that you do so regularly. We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. Please note that we reserve the right to (1)monitor and/or record all communications and activity related to the Services; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you. You agree that our records will be final and conclusive as to all questions concerning whether or not your PIN or password was used in connection with a particular transaction.

If any unauthorized use of your PIN or password occurs you agree to (1)cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds.

Tell us AT ONCE if you believe your PIN or password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum line of credit). If you tell us within two (2) business days, you can lose no more than $50. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your PIN or password, and we can prove we could have stopped someone from using your PIN or password 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 sixty (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 prevented someone from taking the money if you had told us in time. If you believe your PIN or password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (402) 363-7411 during normal business hours listed above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PINS OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.

 

13. Errors and Questions.

In case of errors or questions about your electronic transactions, telephone us at (402) 363-7411, 8 a.m.-5 p.m. (CST), Monday through Friday, or write us at:

Cornerstone Bank
Attention: Electronic Banking Department
Post Office Box 69
York, NE 68467

as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. You will need to:

  1. tell us your name and Account number (if any);
  2. 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; and
  3. tell us the dollar amount of the suspected error.

If you tell us verbally, we may require you to send us your complaint or question in writing within ten (10) business days following the date you notified us. We will determine whether an error occurred within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20)business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made) 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 ten(10) business days, we may not credit your account.

If we determine there was no error, we will reverse the previously credited amount, if any, and we will send you a written explanation within three (3)business days after we finish our investigation. You may ask for copies of the documents we used in our investigation.

14. Disclosure of Account Information to Third Parties.

We may disclose information to third parties about your account or the transactions you make:

  1. where it is necessary for completing transactions or resolving errors involving the Services; or
  2. in order to verify the existence and condition of your account for a third party, such as a credit bureau or a merchant; or
  3. in order to comply with government agency rules, court orders, or other applicable law; or
  4. to our employees, service providers, auditors, collection agents, affiliated companies, or attorneys in the course of their duties and to the extent allowed by law; or
  5. if you give us your permission.

15. Authorization to Obtain Information.

You agree that we may obtain and review your credit report from a credit bureau or similar entity. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments.

 

16. Termination.

We reserve the right to terminate the Services, in whole or in part, at anytime with or without cause and without prior written notice. In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your PIN or password as an indication of an attempted security breach. Termination of the Services does not affect your obligations under this Agreement with respect to occurrences before termination.

 

17. Limitation of Liability.

Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Service or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment.

 

18. Waivers.

No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of the BANK.

  

19. Assignment.

You may not transfer or assign your rights or duties under this Agreement.

  

20. Governing Law.

The laws of the State of Nebraska shall govern this Agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.

  

21. Amendments.

We can change a term or condition of this Agreement by mailing or delivering to you a written notice at least thirty (30) days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account. However, even in these cases, if the change is to be permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either our Checking or Savings Account records, or e-mail address in which you agreed to receive such notices and/or disclosures.

 

22. Indemnification.

Customer, in consideration of being allowed access to the Services, agrees to indemnify and hold the BANK harmless for any losses or damages to the BANK resulting from the use of the Services, to the extent allowed by applicable law.

  

23. Security Procedures.

By accessing the Services, you hereby acknowledge that you will be entering a protected web site owned by the BANK, which may be used only for authorized purposes. The BANK may monitor and audit usage of the System, and all persons are hereby notified that use of the Services constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986.  ConnectKey is an additional layer of security that is now a standard part of your CornerstoneConnect.Com Online Banking login routine.  ConnectKey is made up of three parts: an image, a pass phrase and three challenge questions no one else knows.  When you're at your own computer, enter your Access ID and then click on the Submit button.  We'll show your ConnectKey image and pass phrase, which verifies that you're at the valid Online Banking site at Cornerstone Bank.  Now you know it's safe to enter your Password.  When you're signing in from a different computer, we ask one of your challenge questions to verify your identity.  The secret ConnectKey pass phrase and image will appear after you answer correctly.  You know it's safe to enter your Password and login; and we know that it's really you.

 

24. Fee Schedule.

There is no monthly service charge for online banking and bill payment services.
Fees that may be associated with online banking are:

  • Bill Payment Non-Sufficient Funds Fee: $30.00
  • Bill Payment Recall Fee: $30.00 per item
  • Cancelled Check Copy Fee: $2.50 per item or $30.00 per hour plus $.75 per copy research fee.

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Mobile Banking Agreement & Disclosure 

The Mobile Banking Agreement and Disclosure states the terms and conditions that you agree to by using our Mobile Banking service.  This agreement supplements the Cornerstone Bank Deposit Account Agreement and Disclosures, Internet Banking Agreement and Disclosures and any other agreement between you and Cornerstone Bank. 

  • Questions:  You can contact us at www.cornerstoneconnect.com or 800-642-6608, or send a text message with the word “HELP” to this number: 96924.  We can answer any questions you have about the program. 
  • To stop the program:  To stop the message from coming to your phone, you can opt out of the program via SMS.  Just send a text that says “STOP” to this number: 96924.  You’ll receive a one-time opt-out confirmation text message.  After that, you will not receive any future messages.

The terms “you” and “your” refer to any person subscribing to the Mobile Banking service.   The terms “We”, “us”, “our”, and “Bank” refer to Cornerstone Bank.  The term Mobile Banking refers to our service that allows you to access your Cornerstone Bank accounts and perform transactions via your mobile phone with web browsing/internet capabilities.

 

Please read this entire Agreement prior to using Cornerstone Bank’s Mobile Banking Service.  By using Mobile Banking, you acknowledge your receipt and understanding of this disclosure and agree to all terms and conditions of this agreement.

 

Account Eligibility and Enrollment

Mobile Banking is available to any persons who have subscribed to Cornerstone Bank’s Online Banking Service. 

Enrollment will be completed by logging in to www.cornerstoneconnect.com.  From there you will select Mobile Banking from the Options drop down menu and complete enrollment. 

 

Description of Services

Mobile Banking is a personal financial information management service that allows you to:*

  1. Access Cornerstone Bank account information such as balances and recent transaction history;
  2. Transfer funds between your accounts at Cornerstone Bank
  3. Set up optional account alerts to be delivered either to your mobile phone using SMS text messaging, and/or via email;
  4. Make payments to merchants and individuals who have previously consented to accept payments through our online bill pay service;
  5. And make other banking transactions using compatible and supported mobile phones and/or other compatible and supported wireless devices.

Not all Mobile Banking Services are available on all types of mobile devices.  We reserve the right to modify the scope of the Mobile Banking Services at any time.  We reserve the right to refuse to make any transaction you request through Mobile Banking.  You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.  *Message and data rates may apply.

 

Customer Obligations

Mobile Banking will not work unless you use it properly.  You accept responsibility for making sure that you understand how to use Mobile Banking before using, and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you.  You also accept responsibility for making sure that you know how to properly use your wireless Device and the Mobile Banking software (“Software”).

From time to time we may change, upgrade, and add new features to Mobile Banking.  In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Mobile Banking software.  We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Wireless Device. 

 

Fiserv Terms & Conditions

Thank you for using the Mobile Money Services (“Services”) and any related Software (“Software”) provided by Cornerstone Bank (“Financial Institution”) combined with your handheld’s text messaging capabilities.  By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and bill pay services of which the Service is a part.  Financial Institution in its discretion may modify these Terms and Conditions at any time.  Standard messaging charges apply. 

Terms and Conditions:

  1. Program:  Financial Institution offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g. low balance alerts).  Enrollment requires identification of the user’s banking relationship with Financial Institution as well as providing a mobile phone number.  The mobile phone number’s verification is done by the user, receiving an SMS message with a verification code which they will have to enter on the website.  Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer.  This program will be ongoing.  Message and data rates may apply.  Customers will be allowed to opt out of the program at any time.
  2. Questions:  You can contact us at www.cornerstoneconnect.com or 800-642-6608, or send a text message with the word “HELP” to this number: 96924.  We can answer any questions you have about the program. 
  3. To stop the program:  To stop the message from coming to your phone, you can opt out of the program via SMS.  Just send a text that says “STOP” to this number: 96924.  You’ll receive a one-time opt-out confirmation text message.  After that, you will not receive any future messages.
  4. The Services and/or Software may not be available at anytime for any reason outside of the reasonable control of Financial Institution or any service provider

Privacy and User Information.  You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”).  The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.  The Financial Institution and its affiliates the service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

 

Restrictions on Use.  You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations.  Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate:  (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Financial Institution (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Financial Institution or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate: (vii) any material that would expose Financial Institution, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party.  You agree that you will not attempt to (i) access any Software of Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Service or Software, the security of the Services  or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.

 

Limits on Mobile Banking Transactions

Transactions conducted via Mobile Banking are subject to all withdrawal and transfer limitations and excess activity charges described in the Cornerstone Bank Deposit Account Agreements and Disclosures.

 

Limitations on Frequency of Transfers

Transfers from a money market deposit account to another account or to third parties by preauthorized, automatic, Mobile Banking, online banking or telephone transfers are limited to six per month or statement cycle with no more than three by check, debit card, or similar order to third parties.

Preauthorized transfers from a savings deposit account, through an automated clearing house (ACH) or otherwise, telephone transfers, mobile banking, and wire transfers are limited to six per month.

 

Hours of Accessibility

In general, Mobile Banking is accessible 24-hours per day, seven days a week; however, Cornerstone Bank does not guarantee that Mobile Banking will be available at all times.  Occasionally, due to system maintenance or reasons beyond our control, the mobile banking service may be unavailable.

Transactions are processed on business days only.  Every day is a business day except Saturdays, Sundays, and Federal Holidays.  A transfer initiated before 6:00 p.m. CST on a business day is posted to your account the same day.  A transfer completed after 6:00 p.m. CST on a business day or on a non-banking day, as specified above, will be posted on the next business day.

 

Termination of Account Access

We reserve the right to terminate the Mobile Banking Service, in whole or in part, at anytime with or without cause and without prior written notice. In that event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your Access ID or Mobile Banking PIN as an indication of an attempted security breach. Termination of the Services does not affect your obligations under this Agreement with respect to occurrences before termination.

 

Equipment and Software

Cornerstone Bank does not guarantee that your mobile phone/mobile phone service plan will be compatible with our Mobile Banking service.  You are responsible for understanding the operation and maintenance of your mobile phone.  Cornerstone Bank is not responsible for any errors or problems related to your mobile phone, mobile provider, or mobile internet access.  Nor are we responsible for any fees assessed by your telephone company, internet service provider, or any other outside party.

Mobiles phones with internet capabilities are susceptible to viruses.  Customers are responsible for making sure that the mobile phone they are using to access Mobile Banking 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.  Cornerstone Bank will not be responsible or liable for any indirect, incidental, special or consequential damages that may result from such harmful components being present on the mobile, nor will Cornerstone Bank be responsible or liable if sensitive information accessed via our Mobile Banking service is intercepted by a third party due to any of the above named “viruses” residing or being contracted by the customer’s mobile phone at any point or from any source.

We are not responsible for errors or delays or your inability to access the service caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.

 

Electronic Mail (email)

You may choose to communicate with Cornerstone Bank using electronic mail.  However, be advised that email transmissions are not secure.  We strongly discourage you from sending confidential account information to Cornerstone Bank via email.  Cornerstone Bank is not responsible for any error or problems of any kind involving your email.  At no time will any Cornerstone Bank employee ask for confidential information over email.

 

New Services

Cornerstone Bank may, periodically, introduce new Mobile Banking services.  By using the new services when they become available, you agree to be bound by the terms and conditions concerning these services.

 

 Fees

There is not a fee for using the Mobile Banking Service at Cornerstone Bank, however, all other fees associated with your accounts apply.  Message and data rates may apply.  Check with your specific mobile phone service provider for more information on fees.

 

Mobile Deposit Service User Agreement

This Cornerstone Bank Mobile Deposit Service User Agreement (the “Agreement”) is entered into by Cornerstone Bank (the “Bank”) and you, the Customer.  The Agreement governs your use of the Mobile Deposit Service (the “Service”).  By enrolling to use the Service, you agree to be bound by the terms and conditions contained in this Agreement.  Please read this Agreement carefully and keep it for future reference.  In addition to this Agreement, your Account is also governed by our Signature Card/ Deposit Agreement, Electronic Banking Terms and Conditions Agreement and Disclosures, including but not limited to the section entitled “Funds Availability Policy.” (together referred to as “the Deposit Agreement”). If the terms and conditions of this Agreement conflict with those of the above-mentioned agreements, the terms and conditions of this Agreement supersede the terms and conditions of the Deposit Agreement, only with respect to the deposits made through the Service. Deposits made through other channels continue to be governed by the Deposit Agreement.

DEFINITIONS

  1. “You” and “your” means: (i) a person who has applied for the Mobile Deposit Service for personal use, or (ii) a small business entity (or its authorized representative, as applicable) that has applied for the Service for business use by that authorized representative.
  2. “Bank,” “we,” “us” and “our” mean Cornerstone Bank and its successors or assigns.
  3. “Account” means your deposit account with us to which you are authorized to make a deposit using a Capture Device.
  4. “Capture Device” means any device acceptable to us as we determine  at any given time that provides for the capture of images from Items and for transmission through the clearing process.
  5. “Check 21” means the Check Clearing for the 21st Century Act, as amended.
  6. “End User License Agreement” means the agreement as set forth in Schedule A hereto governing the use of the application software you must download to your Capture Device in order to use the Service.
  7. “Image” means the electronic image of the front and back of an Item, in addition to other required information, as specified by us, in the format we specify.
  8. “Image Replacement Document” or “IRD” means a substitute check, as defined in Check 21.
  9. “Item” is an original: check, cashier’s check, official check, United States Treasury check, or any other payment instrument, drawn on a financial institution within the United States and payable in United States currency that is payable to you. Items are deemed to be “items” under the Uniform Commercial Code and “checks” under Regulation CC.
  10. “User Guide” means the application download instructions, device instructions and FAQs we provide to you on our Internet site from time to time, in addition to any help content contained within the software application that is downloaded to your Capture Device.

TERMS

  1. Mobile Deposit Service.  Pursuant to the terms of this Agreement, you may use the Service to deposit Items to your Account by creating an Image of the Item using a Capture Device, and transmitting that Image to us for deposit.  You may transmit Images to us only from a Capture Device located in the United States.
  2. Hardware and Software Requirements.  You agree to transmit an Image to us using only a Capture Device as we may have expressly authorized for your use to transmit Images. We may reject Images that you transmit to us with an unapproved Capture Device or by other means to which we have not given our consent.

    Any Capture Device that you use to transmit Images to us pursuant to this Agreement must be approved by us. We may change the list of approved Capture Devices from time to time.  You are responsible for the security of the Capture Device, and for allowing its use only by individuals authorized by you.  You agree to implement and maintain specific internal security controls to protect the Capture Device and customer information. We may require that you implement and maintain additional specific controls, and we may notify you of those controls and amend them from time to time.

    You are responsible for all costs of using the Service and operating the Capture Device, including, but not limited to telephone and internet service charges.  You are responsible for maintaining the system’s capacity and connectivity required for use of the Service. We reserve the right to change the hardware and software minimum requirements at any time and for any reason without any notice to you.
  3. Image Quality.  You are responsible for the image quality of any Image that you transmit. If an Image that we receive from you or for deposit to your Account is not of sufficient quality to satisfy our image quality standards as we may establish them from time to time, we may reject the Image without prior notice to you.  Each Image must include the front and back of the Item, and the following information must be clearly readable: amount, payee name, drawer signature, date, check number, account number, routing and transit number, MICR (Magnetic Ink Character Recognition) line, and any endorsement or other information written on the check.
  4. Processing Images.  You authorize us to process any Image that you send us or convert an Image to an Image Replacement Document. You authorize us and any other bank to which an Image is sent to handle the Image or IRD.  We reserve the right to reject and to refuse to process any Image you send to us for any reason or no reason, without prior notice to you. When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our website notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur.
  5. Limits.  We may establish limits on the dollar amount and/or number of Items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.
  6. Deposit of Other Items; Deposits when Service Not Available.  You agree that you will not use the Service to deposit anything not meeting the definition of an Item. If you use the Service to transmit anything that is not an Item, or if for any reason we are not able to recognize as an Item, we may reject it without prior notice to you. You agree to make those deposits through other channels that we offer, such as at a branch, ATM, or bank by mail. You further agree to use such other channels when the Service may not be available.
  7. Returned Items.  You are solely responsible for any Item for which you have been given provisional credit, and any such Item that is returned or rejected may be charged to your Account. You acknowledge that all credits received for deposits made through the Service are provisional, subject to verification and final settlement. Any Item that we return to you will be returned in the form of an Image or an IRD.
  8. Handling of Transmitted Items.  You agree not to allow an Item to be deposited or presented for payment more than once, to the extent that it could result in the payment of the Item more than once. You will not allow the transmission of an Image of an Item that has already been presented to us or to any bank by any other means. You will not allow transmission of an Image of an Item that has already been transmitted through the Service. If an Image of an Item has been transmitted to us or to any other bank, you will not allow the Item to be subsequently presented by any other means. If any Item is presented or deposited more than once, whether by Image or by any other means, we may, at our discretion, reject it or return it and charge it against your Account without prior notice to you.  For any Image which you have transmitted, you shall be responsible for preventing the transmission of another Image of the Item or presentment of the Item by any other means. You agree to retain the Item for a minimum of five (5) calendar days from the date of the Image transmission, and thereafter to destroy each Item of which you have transmitted an Image after fourteen (14) days.
  9. Cooperation with Investigations.  You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of Items in your possession and your records relating to Items and transmissions.
  10. Payment Processing.
    a.  Item Processing.  At our sole discretion, we may process the Images you send to us electronically through other banks, or we may create Image Replacement Documents that will be processed through traditional check processing methods. If you send us Images that are incomplete, that fail to satisfy our image quality requirements, or otherwise do not allow us to meet the requirements of Check 21 or any image exchange agreement that would cover our further electronic transmission of Images that you send us, or we are otherwise unable to process Images that you send us, we may charge the Images back to your account. You agree to be bound by any clearinghouse agreements, operating circulars, and image exchange agreements to which we are a party.

    b.  Transmission of Items.  The Images you send us are not considered received by us until you receive a message from us acknowledging that we have accepted your deposit. However, the confirmation that we send you does not mean that the transmission was complete or error free. As stated in Section 4 of this Agreement, we may refuse to process any Image you send to us for any reason or no reason whatsoever with no liability to you for our decision.

    c.  Funds Availability.  If you make a deposit via Mobile Deposit before 5:00 p.m. on a business day that we are open, we will consider that day to be the day of your deposit.  However, if you make a deposit via Mobile Deposit after 5:00 p.m. or on a day that we are not open, we will consider that the deposit was made on the next business day that we are open.  Funds deposited through Mobile Deposit will be available the business day after the deposit was made.  Funds from Items deposited through the Service will be made available to you pursuant to our Funds Availability Policy.  See the section entitled “Funds Availability Policy” in your Deposit Agreement. 
  11. Fees.  You are responsible for paying the fees for use of the Service as the Bank may charge them from time to time. The Bank may change the fees for use of the Service at any time pursuant to the section titled “Amendment” below. You authorize the Bank to deduct any such fees from any account in your name.

    Use of the service after notice of the fee change shall be deemed to be acceptance on your part of the new terms.      
  12. Representations and Warranties.  You make the following representations and warranties to us:
    a.  You and any user you authorize will use the Service only for lawful purposes and in compliance with all applicable rules and regulations and with our reasonable instructions, rules, policies, specifications, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party.

    b.  You will use the Service to transmit and deposit Images of Items only.

    c.  You will transmit only Images of Items acceptable for deposit through the Service and will handle Items as agreed herein.

    d.  You are a person authorized to enforce each Item or are authorized to obtain payment of each Item on behalf of a person entitled to enforce an Item.

    e.  Items have not been altered.

    f.  Each Item bears all required and authorized endorsements.

    g.  All of the warranties set forth in Section 4-207 of the Uniform Commercial Code as adopted in the State of Nebraska, in addition to any other warranties made by us to any third party under any applicable law.

    h.  All Images accurately and legibly represent all of the information on the front and back of the Item.

    i.  You will not use the Service to transmit or deposit any Item, (i) payable to any person or entity other than you, (ii) drawn on your own account, (iii) which you know or should know to be fraudulent, altered, unauthorized, or missing a necessary endorsement, (iv) that is a substitute check or image replacement document, (v) that is drawn on an institution located outside of the United States, or (vi) that is created by you purportedly on behalf of the maker, such as a remotely created check.

    j.  No depositary bank, drawee, drawer, or endorser will receive presentment or return of, or otherwise be charged for, a substitute check, the original check, or a paper or electronic representation of a substitute check or the original check such that that person will be asked to make a payment based on a check that it already has paid.

    k.  You will use the Service as required by the User Guide.

    l.  Your understanding that acceptance of the End User License Agreement is required for use of the Service.

    m.  You, if acting on behalf of a small business entity, are fully authorized to execute this Agreement.
  13. Indemnification and Limitations on Liability.  In addition to the indemnifications and limitations on liability contained in the Mobile Banking Terms and Conditions and any other Disclosures made by us to you, you hereby indemnify and hold us harmless for any claim, cost, loss or damage caused directly or indirectly by your failure to comply with the terms of this Agreement or by your breach of any representation or warranty contained herein.

    CORNERSTONE BANK SHALL NOT BE LIABLE FOR ANY DAMAGES OTHER THAN THOSE CAUSED SOLELY AND DIRECTLY BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND ITS LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF YOUR ACTUAL DAMAGES OR THE TOTAL IN FEES YOU PAID FOR THE USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRIOR TO THE SUPPOSED ACT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.  CORNERSTONE BANK SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.  YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED BY CORNERSTONE BANK ON AN “AS IS” BASIS, AND THAT YOU USE IT AT YOUR SOLE RISK.  EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CORNERSTONE BANK MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  14. Intellectual Property.  This Agreement does not transfer to you any ownership or proprietary rights in the Service, the Capture Device or any associated software or any part thereof. We or our agents retain all intellectual property rights, title and interest in and to the Service, Capture Device and any associated software.  Neither you nor any user you authorize will:
    a.  sell, lease, distribute, license or sublicense the Service;

    b.  modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Service or any part of it in any way for any reason;

    c.  provide, disclose, divulge or make available to or permit use of the Service by any third party;

    d.  copy or reproduce all or any part of the Service; or

    e.  interfere, or attempt to interfere, with the Service in any way.
  15. Termination.  If Customer wants to terminate his or her access to the Service, he or she may call Cornerstone Bank  at 402-362-7411 or 800-642-6608.  Cornerstone Bank reserves the right to terminate or suspend the Service, at any time with or without cause and without prior written notice.  Notwithstanding termination, any Image transmitted through the Service shall be subject to this Agreement.
  16. Amendment.  From time to time the Financial Institution may amend any of the terms and conditions contained in the Agreement, including without limitation, any cut-off time, any business day, and any part of the Schedules attached hereto.  Such amendments shall become effective upon receipt of notice (unless such notice is specifically waived) by the Customer or such later date as may be stated in the Financial Institution’s notice to the Customer.  If you do not agree with the change you may discontinue using the Service. However, if you continue to use the Service, that shall be deemed your acceptance of and agreement, its terms, and to the change.
  17. Governing Law.  This Agreement, and your rights and our obligations under this Agreement, are governed by and interpreted according to federal law and the law of the State of Nebraska. If state and federal law are inconsistent, or if the state law is preempted by the federal law, federal law governs.
  18. Miscellaneous.  We may waive enforcement of any provision of this Agreement. Any such waiver shall not affect our rights with respect to any other transaction or modify the terms of this Agreement. No waiver of any breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.  In the event that any provision of this Agreement shall be determined to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
  19. Entire Agreement. This agreement, your Signature Card/Deposit Agreement, initial account disclosures, The Mobile Banking Terms and Conditions, any disclosures that modify this agreement, the Fiserv terms and conditions, Cornerstone’s Funds Availability Policy and the End User License Agreement shall be considered the entire agreement between the parties. No other terms, promises or warranties have been made or suggested. Use of the service shall be an acceptance of all of the relevant terms on your part. In no event shall Cornerstone’s marketing materials, user’s guide, website, other correspondence with you or discussions with you modify this agreement unless such modification is in the form of a disclosure and such modification clearly states it is meant to change the material terms of this agreement.

 

Contacting Cornerstone Bank

To notify Cornerstone Bank, call our Electronic Banking Department at (800) 642-6608 during regular business hours of 8:00 a.m. – 5:00 p.m. CST.  You can also write us at the following address: P.O. Box 69, York, NE 68467.

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