Important Online Banking Documentation
Online Banking User Agreement
Welcome to Stock Yards Bank & Trust Company’s Online Banking Service, which, except for short maintenance periods, permits users to access their Internet-enabled Accounts 24 hours a day, 7 days a week to obtain Account information and perform Account transactions. When You register for Online Banking, You may choose from the following currently available services, some of which may require special equipment or are subject to certain limitations:
- ONLINE BALANCE, RATE AND SIMILAR INQUIRIES
- ONLINE ACCOUNT STATEMENTS
- ONLINE CHECK IMAGES
- TRANSACTION DOWNLOADS INTO YOUR PERSONAL FINANCIAL MANAGEMENT TOOL
- CHECK STOP PAYMENTS
- INTERNAL TRANSFERS TO AND FROM STOCK YARDS BANK DEPOSIT ACCOUNTS
- DEPOSITS TO ACCOUNTS
- LOAN PAYMENTS ON STOCK YARDS BANK LOANS
- ONLINE MESSAGES AND ALERTS
- MOBILE BANKING
- TRANSFERS TO OR FROM EXTERNAL ACCOUNTS
- ONLINE BILL PAYMENT
This Stock Yards Bank & Trust Company Online Banking Agreement ("Agreement") contains the terms and conditions that apply to Your use of the Bank's Online Banking services.
Some of these services, for example, Online Bill Payment, require You to agree to additional terms and conditions. Any accounts that are approved by Us for Online Banking remain subject to the terms and conditions applicable to those accounts. You should print a copy of this document and keep it for Your records. Unless otherwise required by law, we will notify You of changes to these terms and conditions by posting notice on the Online Banking website.
2. DEFINITION OF TERMS USED IN THIS AGREEMENT
- ACCESS CODE means a randomly generated number We use to identify an authorized user of some of Our Online Banking services.
- ACCOUNT means a deposit, loan or other account eligible for access through Our Online Banking service.
- BUSINESS ACCOUNT means an account that is not established primarily for personal, family or household purposes.
- BUSINESS DAY means any calendar day other than Saturday, Sunday or holiday observed by the Bank.
- BUSINESS DAY CUT-OFF means the latest Eastern Standard or Eastern Daylight Saving's time a transaction may be completed for same-day posting. Internal Transfers completed by 7:00 p.m. will be processed on the same Business Day. Internal Transfers completed after 7:00 p.m. will be processed on the following Business Day. Cut-off times for External Transfers and ACH transactions are 4:00 p.m. External Transfers and ACH Transactions completed after 4:00 p.m. will be processed on the next Business Day.
- COMPANY REPRESENTATIVE means an individual authorized by a business to act on behalf of the business in connection with an Online Banking service or anyone the Bank reason- ably believes, in accordance with Bank's security procedures, is so authorized.
- CONSUMER ACCOUNT means an account established primarily for personal, family or house- hold purposes.
- INTERNET-ENABLE means to permit Your qualifying Account(s) to be used to obtain information and perform transactions Online over the Internet by use of a personal computer, tablet, mobile phone, or other means we authorize.
- ONLINE means through the Internet by use of a personal computer or other screen-based electronic device.
- ONLINE BANKING means the services provided under this Agreement to Your Internet-enabled Accounts, for example, obtaining Account information and transferring funds. This Agreement does not include Bill Payment services, which are covered by a separate agreement
- WE, US, OUR, STOCK YARDS BANK, OR BANK means Stock Yards Bank & Trust Company and any agent, independent contractor, designee or assignee the Bank may use in the provision of Online Banking
- YOU OR YOUR means an individual or business We permit to use Online Banking Services subject to the terms and conditions of this Agreement.
3. ONLINE BANKING SECURITY
One of the most important security features protecting Your Online Banking Account(s) is the unique combination of Your User ID and Password. Pass- words are the first line of defense against hackers and cyber criminals. Protect Your Account(s) by creating a unique password-one that You don't use for any other website-that is complex and difficult to guess. Complex passwords are long and contain numbers, symbols, and a mixture of capital and lower case letters. Avoid using names of family members or other publicly available information. Memorize Your password or keep it in a safe place. Never tell Your password to anyone. We recommend that You change Your password every 30 to 60 days. Change Your password immediately if You suspect that someone has learned Your password. To change Your password, go to Preferences, click on Security, go to the Password Tab and follow the instructions for changing Your password.
If You suspect that Your User ID and Password have been lost, stolen, obtained by an unauthorized person or used without Your permission, call Us as soon as possible at (800) 625-9066 or (502) 582-2571. You could lose all the money in Your Account(s) plus the maximum overdraft line of credit or the balance in any other account connected to Your Account for overdraft protection. If Your Account is a Consumer Account, You have additional rights under the Electronic Funds Transfer Act. You received a statement of these rights when You opened Your Account. You will find another statement of these rights in Section 17, “Special Disclosures for Consumer Accounts.”
Our employees will never contact You by phone or email You to request Your User ID or Password, but if You need assistance with an Online Banking transaction or You have a question about Your Account, please call Us at 800-625-9066 or 502-582-2571 to speak with a Customer Service Representative. Call us immediately at 800-625-9066 or 502-582-2571 if someone calls or emails You to request access information for Your Account.
We will not be liable for any losses You may sustain if You allow someone else to use Your User ID and Password to access Online Banking. Once You give this information to someone else, that person will have full access to Your Accounts, even if You only intended to give that person limited authority to perform transactions or obtain information about Your Accounts. You understand and agree that access to the information and all transactions initiated by the use of User ID and Password will be considered authorized unless We have been notified to cancel Your Online Banking service. If Your User ID and Password are for a Business Account, we will not be liable for Your negligence in protecting that information.
In addition to protecting Your User ID(s) and Pass- word(s), You should protect all Your personal information, for example, Your social security number, driver's license number, or Tax Identification Number. When combined with an Account number, this information may be used to gain access to Your Accounts. You should also protect and secure all information stored in Your computer or any other device You use to access Online Banking.
We recommend that You maintain and regularly install updates to operating systems and software systems as well as to anti-virus and malware protection on any device You use for Online Banking. You should regularly scan Your computer and mobile devices for viruses and malware, and You should have firewall and intrusion detection/prevention software or services on devices You use to connect to Online Banking. See, Section 18, "Special Provisions for Business Accounts", for security measures appropriate in a business environment.
4. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
5. ONLINE BANKING FEES
Individuals and certain small businesses pay no fees for using most of Our Online Banking services, but all other Account service fees and charges, for example, insufficient or over limit fees, apply. You should check our current list of service fees and charges as well as Your basic Account Agreement for applicable Account fees and charges.
6. BALANCE INQUIRIES
You may use Online Banking to check Your Account balance. Your Online Account balance may be different from the balance in Your records for several reasons. For example, processing of a deposit or funds transfer to or from Your Account may not have been completed, or a check You have written may not have cleared. Deposits made on mobile devices usually take longer to process than deposits made at a branch location. Account balances are updated periodically, and the balance You see in Online Banking is the most current "as of" the date on the Account overview page. If You have a question about Your Account balance, please speak with a Customer Service Representative at (800) 625-9066 or (502) 582-2571.
7. INTERNAL TRANSFERS
You may request us to transfer funds to or from any eligible Bank Account that has been approved for Online Banking. Transfers processed before 7:00 p.m. will be credited the same day. If You request and approve a transfer on a day that is not a Bank Business Day, We will treat Your transfer request as having been made on the next Business Day. If You approve a transfer after the Online Banking Cut-off time, You will be advised to reenter the transaction with a later transfer date. Accounts approved for Internal Transfers are subject to transfer limitations applicable to that Account, for example, the six-per-month limits on automatic transfers from a Money Market Deposit Account. In addition, We may impose holds or other restrictions on transfers from Your Account if We suspect suspicious Account activity or to protect the security or integrity of the Online Banking service. We may terminate Your use of Our Internal Transfer service, reject or reverse any transactions You initiate, and/or restrict Your right to transfer or receive funds at any time for any reason, including, but not limited to, excessive use, using the transfer service (directly or indirectly) for an unlawful purpose, and tampering, hacking, modifying, or otherwise attempting to corrupt the security or functionality of the Internal Transfer service.
8. OUR LIABILITY FOR FAILURE TO COMPLETE INTERNAL TRANSFERS TO OR FROM CONSUMER ACCOUNTS
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 will be liable for Your losses or damages. There are some exceptions to this liability. We will not be liable if:
- THROUGH NO FAULT OF OURS, YOU DO NOT HAVE ENOUGH MONEY IN THE ACCOUNT FROM WHICH A TRANSFER IS TO BE MADE, OR IF THE ACCOUNT HAS BEEN CLOSED OR IS NOT IN GOOD STANDING, OR IF WE REVERSE A TRANSFER BECAUSE OF INSUFFICIENT FUNDS
- IF A TRANSFER WOULD EXCEED THE CREDIT LIMIT OF AN ACCOUNT
- IF YOUR EQUIPMENT OR OURS WAS NOT WORKING PROPERLY, AND THE BREAKDOWN SHOULD HAVE BEEN APPARENT TO YOU WHEN YOU ATTEMPTED TO MAKE THE TRANSACTION
- IF YOU HAVE NOT GIVEN US COMPLETE, CORRECT OR CURRENT ACCOUNT NUMBERS OR OTHER IDENTIFYING INFORMATION SO THAT WE CAN PROPERLY CREDIT YOUR ACCOUNT OR OTHERWISE COMPLETE THE TRANSACTION
- IF YOU DO NOT PROPERLY FOLLOW OUR INSTRUCTIONS OR IF YOU PROVIDE US WITH INACCURATE INFORMATION, AND YOU FAIL TO CORRECT OR TELL US ABOUT ANY INACCURACY OF WHICH YOU BECOME AWARE
- IF YOU DO NOT INSTRUCT US SOON ENOUGH FOR YOUR TRANSFER TO BE RECEIVED AND CREDITED
- IF THE MONEY IN THE ACCOUNT FROM WHICH THE TRANSFER IS TO BE MADE IS SUBJECT TO LEGAL PROCESS OR OTHER CLAIM RESTRICTING THE TRANSACTION
- IF YOU OR ANY AUTHORIZED USER OR AGENT COMMITS ANY FRAUD OR VIOLATES ANY LAW OR REGULATION
- IF CIRCUMSTANCES OR PERSONS BEYOND OUR CONTROL PREVENT, DELAY, INTERCEPT, OR ALTER THE TRANSACTION, DESPITE REASONABLE PRECAUTIONS WE HAVE TAKEN
- IF THERE ARE OTHER CIRCUMSTANCES STATED IN OTHER AGREEMENTS WE HAVE WITH YOU OR AS MAY BE REQUIRED BY LAW
9. E-MAIL AND MESSAGES
E-mail messages outside Online Banking are not secure. Do not send Us or ask for sensitive information, such as, Account numbers, Pass- words, or Account information, via email. If You wish to contact Us electronically, please use the Message feature in the Services menu. Generally, we will review a Message within one Business Day, but if the matter is urgent, please call Us at 800-625-9066 or 502-582-2571 or stop by any Branch. You should not use the Message feature to report an unauthorized transaction or to stop a scheduled transfer or to order a stop pay on a check.
Our Alerts service gives You the option to request and receive unencrypted email or text messages about Your eligible Accounts by means of a person- al computer, text enabled telephone, or other wireless communications device. Although We do not charge for Alerts, Your communications service provider may impose its own fees. When You give us an email address or telephone number to which Alerts may be sent, You authorize Us to send Alerts to that email address or telephone number even though someone who is not an Account owner may access the email or text message. You authorize Us to telephone You as early or as late as the time You select when setting up the Alert at the telephone number You give us even though the number may be on a state or federal Do Not Call list.
We will send You an Alert after a selected triggering event has occurred. For example, if You opt to receive "Security Alerts", we will notify You of important Account activity, such as, a change in Password. A Security Alert may help You detect unauthorized activity.
We offer the Alerts service as a convenience to Our customers, and You acknowledge that the Bank will not be liable for losses or damages You may incur because of non-delivery, delayed delivery, or misdirected delivery of an Alert; because of inaccurate or incomplete content in an Alert; or because of Your reliance on or use of the information in an Alert for any purpose. Your receipt of Alerts may be delayed or prevented by problems experienced by Your communications provider or other circumstances beyond Our control. Alerts do not constitute an official Bank record of Your Account. We may add new Alerts or eliminate existing Alerts at any time. We will post notice of any changes through the Message feature of Online Banking.
11. STOP PAYMENTS
If You select the Stop Payment option, You may use Online Banking to place a stop payment on a check You have written. Online Stop Payment orders are subject to the Stop Payment fees applicable to Your Account.
12. MOBILE BANKING
Our Mobile Banking service permits You to obtain Account information and perform some Account transactions by means of an eligible mobile device. Please note that processing of transactions, for example, deposits, initiated by means of a mobile device may take longer than if You had performed the transaction at a Bank branch. The selection of an eligible mobile device is Your responsibility, and We do not endorse, recommend, warranty, or make any representation about any product on the list of eligible mobile devices. All issues relating to the performance, operation and fees associated with an eligible mobile device must be resolved between You and Your wireless communications provider.
You should ask Your wireless communications provider about any fees it will charge for making Your mobile device data capable or for text messaging before You register for Mobile Banking. Please refer to the Mobile Banking Frequently Asked Questions and Help resource sections of Online Banking for more information. You may also telephone Us at 800-625-9066 or 502-582-2571.
You may select one or more of the following Mobile Banking services:
- DOWNLOADABLE APPLICATION, PROVIDED BY A THIRD PARTY SERVICE PROVIDER, SUCH AS APPLE OR GOOGLE, ALLOWS YOU TO VIEW ACCOUNT BALANCES, MAKE FUNDS TRANSFERS TO ELIGIBLE ACCOUNTS, AND PAY BILLS TO PRE-ESTABLISHED BILLERS IF YOU HAVE SIGNED UP FOR OUR BILL PAYMENT SERVICE.
- TEXT MESSAGE ALERTS PERMITS DELIVERY OF TEXT MESSAGE VERSIONS OF REQUESTED BANK ALERTS TO YOUR CELL PHONE OR MOBILE DEVICE.
- TEXT MESSAGE BANKING ALLOWS YOU TO SEND CERTAIN TEXT MESSAGE COMMANDS TO BANKME (226563) TO OBTAIN ACCOUNT BALANCES, VIEW ACCOUNT HISTORY AND TRANSFER FUNDS BETWEEN YOUR ELIGIBLE ACCOUNTS.
To use Our Mobile Banking service, You must be enrolled in Online Banking and registered Text Mobile Banking. During the registration process, You agree to provide true, accurate, current and complete information. You agree to comply with all state and federal laws, rules and regulations when using the Mobile Banking service.
You agree that Your use of Our Mobile Banking service and all related software provided by the Bank will be limited solely to access and use of the service, and You will not decompile, reverse engineer or otherwise alter the software in any way. You acknowledge that the Bank uses an unaffiliated third party to provide certain licensed software to support the Bank's Mobile Banking service. You acknowledge that We are providing Our Mobile Banking service "AS IS" and "AS AVAILABLE" and without warranty or guaranty and that from time to time, the service may be interrupted, delayed or disrupted due to circumstances beyond Our control.
If Your registered mobile or cellular device is lost or stolen, You agree to update Your registration information and make the appropriate changes to disable the device. You understand that there are risks using a mobile or cellular device for Online Banking, and that in the event of theft or loss, Your confidential information could be compromised.
13. EXTERNAL TRANSFERS
If Your account qualifies to be enrolled in Our External Transfer service, You may use Our External Transfer service to transfer funds between Your Internet-enabled Accounts and accounts held by You at other financial institutions, provided these other financial institutions permit external transfers. These other financial institutions may limit, charge for, restrict or prohibit transfers. You should always check the requirements of the other financial institution before You try to make an External Transfer.
For Your security, We will verify that You have access to external accounts prior to processing any instructions You provide to initiate External Transfers to or from those accounts. Whenever We process instructions from You to perform an External Transfer, We may put a temporary hold on your Account for up to 3 business days in the amount of the transfer. We reserve the right to hold such funds for a longer period in order to protect Your Account and the security of the Online Banking system.
You may schedule External Transfers one at a time or You may arrange to have External Transfers made at a future date or on a recurring basis. We may limit the dollar amount of External Transfers or refuse to make an External Transfer because, for example, You do not have sufficient funds in Your Account or We believe that the External Transfer may violate applicable law.
In processing Your External Transfer request, We and the financial institution receiving Your instructions will rely on the information You provide to Us, and You authorize Us to act on any instruction We believe has been sent by You. If Your External Transfer instructions identify a financial institution or beneficiary by name and account number, the receiving financial institution may look only at the account number, even if the account number does not correspond to the name You provide.
You agree that We will not be responsible for any action or inaction, delays, errors or other problems caused by the receiving financial institution nor for any fees or charges imposed by that institution. Any rights You may have against the receiving financial institution for errors, delays or other problems are subject to the agreements You have with those institutions, including any time limits during which complaints must be made.
You authorize Us to choose a suitable method to complete Your External Transfer request from available options such as, banking channels, electronic networks, and funds transfer systems, for example, the Automated Clearing House, and You agree to be bound by the rules of those systems.
You have a right to documentation of electronic fund transfers that You initiate through Our Online Banking service. You may review confirmations of such transfers in the "Activity Center". To access the "Activity Center", login to Our Online Banking service, then choose "Transactions" from the left-hand navigation bar, then "Activity Center". Records in the "Activity Center" are immediately available whenever You complete a transfer request. Transfers will also appear on the periodic statement for Your Account. If You have elected to receive Your periodic statement electronically, You may access it within Online Banking by selecting "Transactions" from the left-hand navigation bar, then "Statements". If You have not elected to receive electronic statements, then Your periodic statement will be provided to You in the mail.
14. TERMINATION, SUSPENSION OR LIMITATION OF ONLINE BANKING, AND DISCLOSURE
We may terminate or suspend this Agreement, terminate, suspend or limit Your Online Banking access, in whole or in part, at any time for any reason without prior notice, including but not limited to Your failure to access the Online Banking Service for a period of six (6) months or greater.
Once We have terminated this Agreement, We will make no further or pending transfers, including any scheduled or preauthorized recurring transfers, and We will no longer provide electronic Account statements. If Your Account is closed or restricted for any reason, Your access to Online Banking will automatically terminate . You may terminate Your use of a particular Online Banking service or this Agreement in its entirety by calling Us at (800) 625-9066 or (502) 582-2571.
15. NO WARRANTIES, LIMITATION OF LIABILITY
EXCEPT AS MAY BE PROVIDED ELSEWHERE IN THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF BANK'S ONLINE BANKING SERVICES IS AT YOUR SOLE RISK AND THAT THE ONLINE BANKING SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM OUR ONLINE BANKING SITE(S) ARE PROVIDED ON AN "AS IS" "WHERE IS" AND "WHERE AVAILABLE BASIS" AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT NEITHER BANK NOR ANY OF ITS THIRD PARTY SERVICE PROVIDERS WARRANT THAT THE ONLINE BANKING SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, BANK AND ANY THIRD PARTY SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, BY FACT, BY STATUTE OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE BANKING SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SITE(S). NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER BANK NOR ANY OF ITS THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF DATA, BUSINESS OR PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT BASED ON BREACH OF WARRANTY, CONTRACT OR NEGLIGENCE IN CONNECTION WITH THIS AGREEMENT OR THE ONLINE SERVICES OR PRODUCTS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR CLAIMS AGAINST US OR ANY SERVICE PROVIDER BY A THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY DAMAGES, REGARDLESS OF THEIR NATURE, FOR ANY DELAY OR FAILURE TO PERFORM OUR OBLIGATIONS UNDER THIS AGREEMENT ARISING FROM OR RELATED TO THE ONLINE BANKING SYSTEM, EQUIPMENT, BROWSER AND/OR THEIR INSTALLATION OR MAINTENANCE, ACCESS TO OR USE OF THE ONLINE BANKING SERVICE, YOUR GRANTING TO US OR TO ANY THIRD PARTY SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR ACCOUNT OR TO YOUR COMPUTER SYSTEM(S) FOR TECHNOLOGY SUPPORT, FOR TRANSACTION ASSISTANCE, OR THIRD PARTY SERVICE, FOR EXAMPLE, ACCOUNT AGGREGA- TION, OR FOR FAILURE OF ELECTRIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE ONLINE BANKING SYSTEM, OR COMMUNICATIONS LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGU- RATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE ONLINE BANKING SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU MAY EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL.
16. CHOICE OF LAW, WAIVER, SEVERABILITY & SPECIAL DISCLOSURES
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any applicable federal laws.
We will not be deemed to have waived any of Our rights under this Agreement unless such waiver is in writing and signed by Us. No delay or omission by Us in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a waiver of Our rights or remedies on any future occasions.
If any provision of this Agreement conflicts with law, or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed to be restated to reflect as nearly as possible the original intention of the parties in accordance with applicable law. The remaining provisions of the Agreement and the application of the challenged provisions to persons or circumstances other than those to which it is invalid or unenforceable will not be affected, and each of those provisions will be valid and enforceable to the fullest extent permitted by law.
17. SPECIAL DISCLOSURES FOR CONSUMER ACCOUNTS
(a) Consumer Liability. Tell Us at once if You believe Your User ID or Password has been lost or stolen, or if You believe that an electronic fund transfer has been made without Your permission. Telephoning is the best way of keeping Your possible losses down. You could lose all the money in Your Account (plus Your maximum overdraft line of credit). If You tell us within 2 business days after You learn of the loss or theft of Your User ID or Password, You can lose no more than $50 if someone used Your User ID or Password without Your permission. Also, if You do NOT tell Us within 2 business days after You learn of the loss or theft of Your User ID or Password and We can prove We could have stopped someone from using Your User ID or Password without Your permission if You had told Us, You could lose as much as $500. Also, if Your Account 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 provided 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 period.
ERROR RESOLUTION NOTICE
In case of errors or questions about Your electronic transfers, call or write Us at the telephone number or address listed below, as soon as possible, if You think Your statement is wrong or if You need more information about a transfer listed on the statement. We must hear from You no later than 60 days after We sent the FIRST statement on which the problem or error appeared.
- Tell Us Your name and account number (if any).
- Describe the error or the transfer 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 dollar amount of the suspected error.
If You tell Us orally, We may require that You send Us Your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (or 20 business days if the transfer involved a new Account) after We hear from You and will correct any error promptly. If We need more time, however, We may take up to 45 days (90 days if the transfer involved a new Account) to investigate Your complaint or question. If We decide to do this, We will credit Your Account within 10 business days (20 business days if the transfer involved a new Account) for the amount You think is in error, so that You will have the use of the money during the time it takes us to complete Our investigation. If We ask You to put Your com- plaint or question in writing and We do not receive it within 10 business days, We may not credit Your Account. An Account is considered a new account for 30 days after the first deposit is made, if You are a new customer.
We will tell You the results within three business days after completing Our investigation. If We decide that there was no error, We will send You a written explanation.
You may ask for copies of the documents that We used in Our investigation.
Call Us at (800) 625-9066 or (502) 582-2571 or write to P.O. Box 32890, Louisville, Kentucky 40232-2890.
18. SPECIAL PROVISIONS FOR BUSINESS ACCOUNTS
You will have a unique User ID and Password for each person You authorize to act as Your Company Representative. You represent to Us that each Company Representative and anyone else using any of Your User IDs and Passwords has general authority from Your company to give Us instructions to perform transactions using Our Online Banking service. Anyone using Your User IDs and Passwords will be able to:
- MAKE TRANSFERS FROM ELIGIBLE ACCOUNT WITHIN AUTHORIZED DOLLAR LIMITS
- MAKE TRANSFERS FROM ELIGIBLE ACCOUNTS WHETHER OR NOT HE/SHE IS AN AUTHORIZED SIGNOR OR OBLIGOR ON ANY ACCOUNTS THAT ARE ACCESSED
- OBTAIN INFORMATION ABOUT ACCOUNTS
- ALLOW ANYONE ELSE TO USE HIS/HER USER ID AND PASSWORD TO OBTAIN INFORMATION OR MAKE TRANSFERS
- OBTAIN OTHER SERVICES OR PERFORM OTHER TRANSACTIONS
LIABILITY FOR UNAUTHORIZED TRANSACTIONS
We will issue an Access Code for each Online Banking session. You agree to be bound by all transactions where a valid User ID, Password, and Access Code are used and that We may rely on instructions We receive where a valid User ID, Password, and Access Code are used. You further agree that We will not be liable for any fraud, theft or unauthorized transfer(s) that occur due to a breach of Your computer system as long as We comply with the terms of this Agreement, even though the funds are transferred to someone who is not entitled to them. You agree to indemnify and hold Us harmless from any loss, theft, claim, cost or cause of action arising from any activity, including unauthorized electronic transfers, which occur or are enabled by a breach or intrusion into Your security system or by misuse of Your security system by anyone, including Your employee(s) or Company Representative. If a wrongdoer obtains any of Your User IDs and Passwords or other security information and makes an unauthorized transfer, You will be liable and the Bank will not. Unless there is substantial evidence to the contrary, Our records will be conclusive regarding any access to or action taken through Our Online Banking service.
PROTECTING YOUR COMPUTER SYSTEM
Electronic transfers may be subject to computer fraud and hacking, including unauthorized intrusion into Your computer system and theft of User IDs, Passwords, and other information that would allow a wrongdoer to direct Us to transfer funds from Your Account. You should take appropriate steps to protect the security of Your computer system. We recommend the following:
- PERIODICALLY PERFORM OR HAVE A THIRD PARTY PERFORM AN ONLINE SECURITY RISK ASSESSMENT THAT LOOKS AT BUSINESS PRACTICES AND PROCESSES, IT INFRASTRUCTURE, AND THE BALANCE BETWEEN CONVENIENCE AND SECURITY.
- USE LAYERED SYSTEM SECURITY TO CREATE LAYERS OF FIREWALLS, ANTI-MALWARE SOFTWARE AND ENCRYPTION ON EACH WORKSTATION AND LAPTOP.
- USE A SINGLE DEDICATED COMPUTER FOR ONLINE BANKING AND CASH MANAGEMENT. THIS COMPUTER SHOULD BE USED ONLY FOR ONLINE BANKING.
- EDUCATE YOUR EMPLOYEES ABOUT THE RISK OF CYBERCRIME FROM EVEN ONE INFECTED COMPUTER. TEACH THEM TO BE CAUTIOUS ABOUT OPENING ATTACHMENTS, CLICKING ON EMAIL LINKS, OR PROVIDING INFORMATION TO A THIRD PARTY.
- BLOCK ACCESS TO UNNECESSARY OR HIGH-RISK WEBSITES, FOR EXAMPLE, ONLINE GAMING, SOCIAL NETWORKING, AND PERSONAL EMAIL, WHICH OFTEN CONTAIN MALWARE OR VIRUSES.
- ESTABLISH SEPARATE USER ACCOUNTS FOR EACH EMPLOYEE ACCESSING ONLINE BANKING AND LIMIT ADMINISTRATIVE RIGHTS.
- USE DUAL CONTROL FOR INITIATING AND APPROVING HIGH RISK TRANSACTIONS, SUCH AS ACH ORIGINATION AND WIRE TRANSFERS.
- REVIEW OR RECONCILE YOUR ACCOUNTS ONLINE DAILY.
OUR SECURITY PROCEDURES
You acknowledge that You have received a written copy of Our current Online Security Procedures, and You acknowledge that these procedures are commercially reasonable in the context of Your business operations. You further acknowledge that We may update these security procedures from time to time and make them available to You. You agree to keep any security information We provide to You, including but not limited to, User IDs, Passwords and security procedures, confidential.
In order to access, view and obtain a printable version of this agreement go to our website at: https://syb.com/personal/banking/online-banking
You will need to have Adobe Reader 10 or higher in order to print this agreement. If you are unable to load Adobe Reader 10 or higher on your personal computer, please do not continue with enrollment. For more details on minimum user hardware, connection and supported browsers go to our website for the latest requirements.
Online and Mobile Banking E-Sign Disclosure and Consent Agreement
In this agreement ("E-Sign Consent"):
"Account" or "accounts" is each account, now or in the future, that you hold with us, are authorized to administer or for which you are designated as authorized signer, or a trust or other fiduciary account in which you have an interest that gives you legal authority to receive information or which is subject to the provision of a service by us.
"Communication" is defined in Section 1 below.
"Electronic delivery" is the act of delivering communications using electrical, digital, magnetic, wireless, optical, electromagnetic, or similar electronic means as set forth below, including through our website or mobile app.
"Service" is any product or service that we offer for which communications are required or permitted to be delivered.
"We," "us," "our," "Stock Yards Bank & Trust Company" and "the Bank" refer to the entity that provides you one or more accounts or services and such entity's affiliates and subsidiaries or our agents, assignees, contractors or service providers. Entities may include, but are not limited to, Stock Yards Bank & Trust Company, Q2 Software Inc., and iPay Technologies LLC.
1. CONSENT AND SCOPE OF COMMUNICATIONS TO BE PROVIDED ELECTRONICALLY.
We are required by law, regulation or agreement to give you certain information "in writing." With your consent, we can provide this information to you by electronic delivery. We also need your general consent to use electronic records and signatures in our relationship with you.
You agree that for all communications for all accounts and services we may use electronic delivery and, at our discretion or upon your instruction, terminate paper delivery of communications to you and use & obtain electronic signatures from you in each case unless and until you withdraw your consent to this E- Sign Consent as described below. This E-Sign Consent applies to all communications for all accounts and services, except to the extent it conflicts with the terms and conditions of a separate electronic disclosure and consent with respect to such accounts and services, including the "E -Statements and E- Notices Agreement & Enrollment" disclosure .
"Communications" include, but are not limited to, the following:
- All legal, regulatory or other disclosures associated with an account or service; periodic statements for an account or service, along with any notices related to such statements that we are required or permitted to include with paper statements.
- Documents evidencing, governing or related to credit, including, secured and unsecured extensions of credit, mortgage loans and home equity lines of credit, letters of credit, and any other credit account accessible through online or mobile banking, including documents requested by you, as well as: notices, confirmations, authorizations, or other information which we are required or otherwise choose to send in relation to such credit accounts;
- Any other document or other information required to be provided "in writing" or that we otherwise provide to you, or that you sign or submit or agree to at our request, in connection with your relationship with us.
However, unless otherwise directed by you (see Section 2 below), you will continue to receive the following disclosures in the mail:
- Changes in terms and conditions
- Maturity notices
- Dormant notices
- Monthly or quarterly statements
If you wish to also receive these categories of communications electronically, you must complete the "E - Statements and E-Notices Agreement & Enrollment". In order to access this feature, log-in to online banking, then select "Statement Delivery" from the left -hand menu under "Settings", and follow the instructions.
2. DELIVERY PREFERENCES.
You may select or modify your delivery preference for certain categories of communications (i.e. periodic statements and related notices) that we make available for any of your accounts or services.
Even if you select physical delivery for a category of communications in your delivery preferences, you may continue to also receive those communications through electronic delivery. In such cases, the physical delivery of these documents may be used to satisfy the "in writing" requirement of law, regulation or agreement. In such cases, if we continue to provide electronic communication of documents, we do so only as an added convenience to you.
If you choose to receive communications via electronic delivery, you may be sent other paper documents that contain important information about your accounts. You should continue to review correspondence that we mail to you.
For certain communications (i.e. periodic statements), changing your delivery preferences from electronic to physical delivery may result in the loss of a credit for some types of accounts. Please refer to your account agreement for additional information. We will not impose any fee to process the change in your delivery preferences.
Modifying your delivery preferences does not constitute a withdrawal or modification of your consent to electronic delivery. To withdraw your consent to receive communications by electronic delivery, you must follow the instructions set forth in the section titled "How to Withdraw Consent" in Section 5 below.
You can review or change your delivery preferences or obtain more information by contacting us at
(502) 582-2571 or (800) 625-9066 or by modifying preferences online at http://www.syb.com or via our mobile app (log-in to your online banking, then go to "Settings", then "Statement Delivery", then from the list that populates select the account for which you wish to modify your delivery preference, make your changes and select "Save" ).
3. METHOD OF ELECTRONIC DELIVERY.
You will be required to enter your user ID and password to view electronic communications. You agree it is your responsibility to protect your password from unauthorized persons. You agree that it is your responsibility to ensure that electronic communications cannot be intercepted or viewed by others. You agree that we have no control as to the persons who may have access to your personal computer and your password once it is in your possession. We will not be liable for any access to your personal computer or passwords, unless such liability is otherwise imposed by law or regulation.
All communications (including alerts that communications have been provided or posted) that we provide to you electronically will be provided by one or more of the following methods: by electronic messaging (such as e-mail or SMS text messaging), by access to our web site, including our mobile websites or websites of third party service providers who we engage to deliver communications through electronic delivery, via our mobile applications; or by requesting you download a Hyper Text
Markup Language ("HTML") file or Portable Document Format ("PDF") or other specified electronic file containing the communication.
Communications delivered by e-mail will be sent to your e-mail address reflected in our records. You represent that any e-mail address you provide to us for electronic delivery purposes belongs to you or to a person who has authority to act for the account or service or, where relevant, to make transactions against the account.
You should print, download or otherwise retain a copy of this E-Sign Consent and all other communications provided by electronic delivery.
You understand that you have no expectation of privacy if you transfer communications to another person or entity using the Internet or other electronic means. You further agree to release us from any liability if the information is intercepted or viewed by unauthorized parties, unless such liability is otherwise imposed by law or regulation.
4. HARDWARE AND SOFTWARE REQUIREMENTS.
In order to access, view, and retain electronic communications, you must have access to a device (e.g., computer, smartphone, mobile device, tablet, etc.) suitable for connecting to the Internet with the current version of an operating system, such as Windows, Mac OS, iOS or Android, and a web browser, such as Internet Explorer, Chrome, Safari or Firefox, that we support. A current version is one that is currently being supported by the software publisher.
You must also have: an active connection to the Internet; local electronic storage capacity to retain communications and/or a printer to print them; a valid e-mail account and software to access it; and software that enables you to view and display files in HTML and PDF format. For files in a PDF format, you will need Adobe Reader 10 or higher. If you are unable to load Adobe or comparable software on your device, please do not continue with enrollment.
If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain electronic communications, we will give you notice of the revised hardware or software requirements. Continuing to use this service after receiving notice of the change is reaffirmation of your consent.
5. HOW TO WITHDRAW CONSENT.
Withdrawal of consent for certain communications (i.e. periodic statements) may result in the loss of a credit for some types of accounts. Please refer to your account agreement for additional information. We will not impose any fee to process the withdrawal of your consent to receive communications by electronic delivery. However, your access and use of the services or certain features of accounts and services may be terminated. Any withdrawal of your consent to receive communications by electronic delivery will be effective only after we have a reasonable period of time to process your withdrawal.
At our option, we may treat the provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive communications by electronic delivery.
TO WITHDRAW CONSENT, PLEASE FOLLOW THE INSTRUCTIONS BELOW:
Contact us by calling (502) 582-2571 or (800) 625-9066 (available: Monday-Thursday 8:00am-5:00pm EST, except holidays; Friday 8:00am-5:30pm EST, except holidays; Saturday 9:00am-12:00pm EST).
You may also contact us: by writing to Stock Yards Bank & Trust Company, P.O. Box 32890, Louisville KY 40232-2890; or by visiting one of our branch office locations.
Please note that modifying your delivery preferences does not constitute a withdrawal or modification of your consent to electronic delivery of communications.
Certain categories of disclosures (i.e. preauthorized electronic funds transfer authorizations) associated with activity in your online or mobile banking can only be provided through this platform. If you withdraw your general consent to electronic delivery, you may lose access to your online and mobile banking as a result.
6. HOW TO UPDATE YOUR RECORDS.
It is your responsibility to provide us with true, accurate and complete e-mail address information, mobile telephone numbers (if provided), and other information related to this E-Sign Consent and your accounts, and to maintain and promptly update any changes to this information.
You can update your records through the methods described below:
Call us at (502) 582-2571 or (800) 625-9066, visit http://www.syb.com to access your online banking, or access the Stock Yards Bank & Trust mobile app. You may also update your records by visiting one of our branch offices.
7. REQUESTING PAPER COPIES.
For activity conducted via online banking or the mobile app, you should not expect to receive a paper copy of communications unless you request it.
You can obtain a paper copy of an electronic communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the communication to you by electronic delivery. We may charge you a reasonable service charge and/or research fees, which are specified in our fee schedule (available at http://www.syb.com or contact us using one of the contact methods below).
To request paper copies of electronic communications:
Call us at (502) 582-2571 or (800) 625-9066 (available: Monday-Thursday 8:00am-5:00pm EST, except holidays; Friday 8:00am-5:30pm EST, except holidays; Saturday 9:00am-12:00pm EST).
You may also send your request: by writing to Stock Yards Bank & Trust Company, P.O. Box 32890, Louisville KY 40232-2890; by emailing us at firstname.lastname@example.org; or by visiting one of our branch office locations.
8. ACCOUNTS WITH MULTIPLE OWNERS OR AUTHORIZED PERSONS.
Only one account owner's authorization is required to enroll in electronic delivery for communications and to manage preferences for communications. For purposes of electronic notification for paperless statements and other communications on a joint or multiple owner account, you agree that electronic notifications for such communications delivered to the email address of the account owner who enrolls in electronic delivery for such communications will constitute delivery to all account owners, even if all account owners may not have access to such email address.
9. FEDERAL LAW.
You acknowledge and agree that your consent to this E-Sign Consent is provided in connection with a transaction affecting interstate commerce, that it is subject to the federal Electronic Signatures in Global and National Commerce Act (the "E-SIGN Act"), and that you and we both intend that the E-SIGN Act apply to the fullest extent permitted by law.
We reserve the right, in our sole discretion, to discontinue providing you with electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change, as required by law.
11. ACCEPTANCE AND CONSENT.
By agreeing to this E-Sign Consent, you agree to the following statements:
- I have read, understand and agree to be bound by the terms and conditions contained in this E-Sign Consent, and consent to receive communications and execute documents via electronic delivery according to the process described herein;
- I am able to download and review files in both HTML and PDF format. I have Internet access and can send and receive emails with links to websites;
- Certain communications may be delivered to me in paper form and in the future some or all of these communications may be made available for me to view electronically in accordance with this E-Sign Disclosure;
- My consent to receive communications electronically does not automatically expire and is not limited as to duration;
- I may incur costs, including but not limited to online time and other charges from my Internet service provider or telephone carrier in accessing and/or viewing communications;
- I am authorized to provide consent, as well as electronic delivery elections and instructions, on behalf of all co-applicants for, and co-owners of, any of my accounts;
- I may terminate or suspend electronic delivery at any time at my discretion;
- Stock Yards Bank & Trust Company, their agents, contractors, and service providers will not be liable for any loss, liability, cost, expense, or claim for acting upon this authorization or arising from my use of the product or services provided pursuant to this E-Sign Consent; and
- Communications provided along with my account statements may contain important information or disclosures concerning my accounts or services and I agree to review such communications in a timely manner.
Business Online Banking Agreement/Disclosure
ABOUT THIS AGREEMENT
This Electronic Banking Agreement and Disclosure governs your use of Business Online Banking services offered by Stock Yards Bank & Trust, which permits you access to your accounts with us via the internet for services selected by you and agreed upon by Stock Yards Bank & Trust. In this Agreement the terms "you" and yours" refer to the depositor or authorized user on a business account. Each Time you use any of the Online Banking services described in this Agreement, you agree to the terms and condition in existence at that time.
Part I. General Terms and Conditions
Part I of this Electronic Banking Agreement and Disclosure provides the general terms, conditions, and disclosures that are applicable to all Accounts and Services. Part II provides additional terms, conditions, and disclosures that are particular to each identified Service. Part II is not an exhaustive list of Services.
a) Account: Any account held by Customer with Bank, at any location, for which Customer applies for, uses, or continues to use any Service.
b) Bank: Stock Yards Bank & Trust Company.
c) Business Day: Any day occurring Monday through Friday, except for federal holidays and any other day on which banks in the Commonwealth of Kentucky are authorized to close.
d) Check: A draft, payable on demand, and drawn on or payable through a bank chartered by a state or the United States, whether or not negotiable, handled on forward collection, including a substitute check, payable in United States dollars.
e) Entry: As such term is defined under the Operating Rules.
f) Item: A Check, draft, note, or other negotiable instrument.
g) Payment Order: A request, order, instruction, or other directive for the payment, withdrawal, or disposition of funds from any Account, including a funds transfer. The term "Payment Order" does not include any Item drawn, issued, deposited, or anything similar by Customer.
h) Service: Any Electronic Banking service Bank provides, offers, or makes available.
i) Service Terms: The collective additional terms, conditions, information, disclosures, licensing agreements, user guides, and procedures applicable to a Service.
j) Terms: The collective, underlying other agreements, terms, conditions, information, and disclosures governing Customer's use and the operation of Accounts.
Customer understands and agrees that in addition to these Electronic Banking Terms and the Service Terms, Customer is subject to the Terms. The Terms may have been referenced or contained in a signature card, Deposit Agreement and Disclosure Statement or provided or made available when Customer opened an Account or applied for a Service. Customer acknowledges that (i) it has received the Terms, including any subsequent amendment, supplement, or replacement by Bank; (ii) it is bound by the Terms; and (iii) the Terms are incorporated into the Electronic Banking Agreement by reference.
A Service may be subject to Service Terms. Bank may provide or make available any Service Terms, or any portion thereof, electronically, such as by email or online "click-through".
4) Order of Precedence; Interpretation
The Terms, these Electronic Banking Terms, and any Service Terms may vary applicable laws and regulations to the extent permitted thereunder. To the extent a law or regulation conflicts with the Terms, these Electronic Banking Terms, or any Service Terms and cannot be varied, such law or regulation will control. The Terms, these Electronic Banking Terms, and any Service Terms are intended to be read as complementary and not in conflict with one another. To the extent there is a conflict between the Terms and these Electronic Banking Terms or any Service Terms, these Electronic Banking Terms or the applicable Service Terms will control. To the extent there is a conflict between these Electronic Banking Terms and any Service Terms, the Service Terms will control, but only with respect to the applicable Service. In these Electronic Banking Terms and all Service Terms, use of "including" means "including, but not limited to" and use of the singular form includes the plural, and vice versa, unless the context clearly requires otherwise.
5) Authorized Persons
a) In providing any Account or Service, Bank may rely solely on the information, data, representations, and/or warranties provided by Customer under the Terms, these Electronic Banking Terms, any Service Terms, in any application, signature card, or other documentation provided by Customer. Bank is not responsible for the validity, accuracy, or completeness of any such information, data, representation, or warranty provided by Customer.
b) Bank may rely on any document, including a signature card, signed or provided by Customer that identifies a person as authorized to act on behalf of Customer ("Authorized Person"). Unless Bank has agreed otherwise, each Authorized Person will have authority to (i) access and review Account information, balances, transactions, and Account Statements; (ii) draw, issue, indorse, and deposit Items; (iii) make Payment Orders, regardless of whether Customer has sufficient funds available or any Payment Order would result in or increase any overdraft; (iv) request, modify, or terminate any Service, and bind Customer to any Service Terms; (v) open and close any Account; and (vi) entitle, delegate to, or otherwise authorize any other person to take action on behalf of Customer. Customer will notify Bank of any change with respect to Authorized Persons, including updates, additions, or deletions, in a form acceptable to Bank.
6) Security Procedures
a) Customer agrees to and will follow the security procedures communicated to Customer by Bank, including any security procedure set forth in these Electronic Banking Terms, any Service Terms, application, user guide, or posted on the website through which a Service is accessed. Bank will validate Customer's use of a Service, and thereby any Payment Order, against the applicable security procedure. Customer understands that security procedures are designed to verify the authenticity of Payment Orders, not the accuracy.
b) Services may provide Authorized Persons with the ability to act as administrator and entitle other persons to view, access, and control an Account and use any Service, including to make Payment Orders (collectively with Authorized Persons, "Authorized Users"). Customer will maintain a current and accurate list of all Authorized Users. A unique identification code ("User ID") and password will be established for each Authorized User.
c) In order to use a Service, and thereby make a Payment Order, the applicable security procedure for an Authorized User will involve the Authorized User's User ID and password and one or more of a: token, biometric identifier, cookie, digital signature, "out-of-band" authentication, call-back, or other security device, factor or method communicated by Bank to Customer. Any portion of a security procedure may be provided or administered by Bank or a third-party service provider selected by Bank. Bank may use or change a third-party service provider at any time, without notice to Customer. Use of a third-party service provider will not affect the commercial reasonableness of any security procedure or Customer's liability.
d) Customer has made an independent assessment of the security procedure and agrees that it is a commercially reasonable method of providing security against unauthorized Payment Orders. Further, each time Customer uses a Service, including making a Payment Order, Customer agrees that the security procedure is a commercially reasonable method of providing security against unauthorized Payment Orders.
e) Customer understands and agrees that the use of any Service, and thereby any Payment Order, including through ACH Origination or Wire Transfer Services, verified by Bank using an applicable security procedure will be deemed authentic, to have been carried out directly by and on behalf of Customer, and will be effective as the order of Customer, regardless of whether or not authorized. Customer will be bound by and liable for any verified Payment Order, even if such Payment Order was not actually initiated by an Authorized User, was in an amount above that established for an Authorized User, or was the result of fraud, hacking, phishing, or computer takeover, any Trojan, worm, virus, spyware, or other form of malicious code, or anything similar.
f) Customer will notify Bank immediately if it is unable to locate any token or security device, as applicable, or believes or has any reason to suspect that any portion of a security procedure has been or is in jeopardy of being compromised. Bank, or any third-party service provider of Bank, may revoke or disable any portion of a security procedure, including any token or security device, as applicable, at any time and will notify Customer. If these Electronic Banking Terms are terminated, or Bank determines it is necessary at any time, any portion of the security procedure, including any token or security device, as applicable, provided or made available by Bank will be immediately returned to Bank.
g) Bank may revise, update, or replace a security procedure, in whole or in part, at any time upon notice to Customer. Customer will make an independent assessment of any such revised, updated, or replacement security procedure. Customer's use of the revised, updated, or replacement security procedure, including accessing any Service, constitutes acceptance of such security procedure and agreement that such security procedure is a commercially reasonable method of providing security against unauthorized Payment Orders.
h) Without limiting any other right or ability Bank may have, Bank may deny access to any Account or Service or deny any Payment Order, without prior notice, if (i) Bank is unable to validate any security procedure; (ii) Bank is unable to confirm, to its satisfaction, any person's authority; or (iii) Bank believes that denial is necessary for security reasons.
7) Customer Controls
a) Customer understands that all portions, aspects, and details of the security procedure, including User IDs, passwords, and security devices, are confidential. Customer agrees to establish physical, operational, and technical controls to protect the confidentiality of the security procedure and limit access and disclosure to only those persons who have a need to know such information. Customer agrees to:
(i) prohibit Authorized Users from sharing User IDs or passwords;
(ii) require that each Authorized User change their password (A) on a periodic basis; (B) any time instructed by Bank; and (C) any time the Authorized User has reason to believe that any other person may know their password;
(iii) periodically review all Authorized Users to determine whether each should be entitled to view, access, or control an Account or use any Service;
(iv) use the "self-service" functionality of any Service, if available, to immediately remove any Authorized User Customer deems no longer authorized to view, access, or control Customer's Account or use any Service, and any Authorized User that leaves Customer's employment. If "self-service" functionality is not made available to Customer, Customer will immediately notify Bank of any Authorized User Customer deems no longer authorized to view, access, or control an Account or use any Service, and any Authorized User that leaves Customer's employment;
(v) institute an internal review process whereby before any Payment Order can be made or released, such Payment Order must be (A) reviewed to ensure that it is for an amount within the purported Authorized User's internally established authority ("threshold control") and (B) approved by at least one other person ("dual control"); and
(vi) keep all Components (as defined in Section 17 below) used for any Services up-to-date in accordance with the manufacturer's recommendations, industry standards, and as otherwise required by Bank.
b) Some Services provide functionality that enables Customer to electronically establish threshold control and dual control. If provided, Customer is required to use such functionality.
c) Customer understands that its failure to implement any of the controls described in this Section 7 increases Customer's exposure to, and potential liability for, unauthorized or fraudulent transactions, including Payment Orders. Bank is released from, and Customer will be solely liable for, any loss, damage, cost, or expense that may result from Customer's failure to establish, implement, or maintain any control described in this Section 7.
8) Limitations on Use of Accounts and Services
Unless Bank has agreed otherwise in writing, all Accounts and Services are only for Customer's internal use and to carry out Customer's normal business, and will not be used for any consumer purposes. Customer will not use, or allow any third party to use, any Account or Service to draw any Item, make any deposit, or process transactions, including Payment Orders, for any third party or on behalf of any person other than Customer. Bank has no duty or obligation to inquire into the circumstances or details of any Item, deposit, or transaction.
9) Linking Accounts of Additional Businesses and Personal Accounts
If you also are authorized to enter into an Agreement for the Business Online Banking service for another business, and if you want to link the accounts of the other business to the accounts covered by this Agreement, you will need to agree separately to this Agreement for each other business. Upon doing so, you may link the accounts of the businesses so that you may elect, at your risk and that of the businesses, but not of the Bank, to use a common Online ID and passcode for Business Online Banking for all linked accounts. You should do this only if you are authorized to link the accounts of the different business and to use all the functions of Business Online Banking for each business. You further agree to inform Stock Yards Bank & Trust if your authority over any linked account decreases. Stock Yards Bank & Trust is not liable if your authority over any account decreases until it is informed of the change in authority using the "Notice" requirements of this Agreement.
You may also link an eligible Stock Yards Bank & Trust personal account to the accounts covered by this Agreement. You may link eligible accounts only if you are the named owner of the business account and the personal account. If you link personal accounts to your business accounts, you agree and understand that users and Administrators will be able to view and/or perform transactions with linked personal accounts.
You further agree to inform Stock Yards Bank & Trust if your authority over any linked account decreases. Stock Yards Bank & Trust is not liable if your authority over any account decreases until it is informed of the change in authority using the "Notice" requirements of this Agreement.
10) Item Restrictions
Any requirement or restriction on Items drawn on an Account, regardless of whether placed on the Item or notified to Bank, (a) for two or more signatures; (b) limiting the date on which an Item may be paid (e.g., postdating); (c) limiting the amount for which an Item may be drawn; or (d) limiting the amount for which any person may draw an Item, will be considered for Customer's internal purposes only, and Bank will have no duty or obligation to monitor, stop, or prevent payment of an Item with any such requirement or restriction. Bank will not be liable, and will not be deemed to have failed to exercise ordinary care, for paying any Item that contains or is subject to such a requirement or restriction.
All deposits, including Items and Entries, are received subject to Bank's acceptance and receipt of final payment. Bank may return or refuse all or any part of a deposit or credit to an Account, at any time, and will not be liable to Customer even if doing so causes outstanding Items drawn on an Account to be dishonored or returned or for a Payment Order to be rejected. Bank may revoke any provisional credit given to Customer if final payment is not received even if such revocation results in or increases an overdraft. Bank may agree with other parties, including banks and clearing houses, to vary the procedures and deadlines regarding the processing and collection of any portion of a deposit to the extent permitted by law. In processing or collecting any Item, Bank has the sole discretion to determine the method, including electronically, and may use third-party service providers, clearing houses, or other banks. Bank is not responsible for the actions of any other party in processing or collecting of any portion of any deposit.
12) Funds; Overdrafts
Customer agrees to maintain immediately available funds in its Account sufficient to meet any minimum balance requirements and to cover, in full, all Payment Orders, Items drawn on an Account, ACH Entries (as applicable), returns, reversals, Fees, and all other transactions and amounts Customer may owe in connection with any Account or Service. In addition to any other right Bank may have, if Customer fails to maintain sufficient funds in its Account, Bank may reject or return any Payment Order, Item drawn on an Account, ACH Entry, or any other transaction on an Account and refuse to provide any Service. However, if Customer fails to maintain sufficient funds, Bank may, in its sole discretion, choose to accept, carry out, or pay any Payment Order, Item drawn on an Account, ACH Entry, or any other transaction on an Account even if it would cause or increase an overdraft on an Account. Unless otherwise agreed in writing, all overdrafts will be due and payable immediately, and Bank may charge interest, up to the maximum permitted by law, in addition to any applicable Fees, until such overdraft is paid in full. Bank is not obligated to permit, or continue to permit, any overdraft, notwithstanding any prior course of dealing.
13) Fees; Taxes
Any Account or Service may have associated fees, charges, and/or expenses ("Fees). Fees will be established by Bank from time to time, in its sole discretion, and as communicated to Customer, including electronically. Customer agrees to be responsible for and pay all Fees. Bank may, in its sole discretion, invoice Customer or directly debit Customer's Account, even if such debit would result in or increase any overdraft. Any payment of Fees to Bank will be in full and without counterclaim or setoff. This Section 12 does not affect any other rights Bank may have under the Terms, these Electronic Banking Terms, any Service Terms, any other agreement between Customer and Bank, or applicable law. Fees do not include, and Customer is solely responsible for payment of, income, use, excise, value added, or any other taxes related to any Account or Service.
14) Statement Review
a) Bank will issue Account statements, confirmations, and/or advices (collectively, "Account Statements") to Customer on the frequency advised to Customer from time to time. Account Statements may be mailed or made available electronically, including through a Service or by email, to Customer and, except as otherwise stated in these Electronic Banking Terms or in the Service Terms, will serve as the official record of Customer's Account. Customer must ensure that an Authorized Person promptly reviews all Account Statements made available, including any accompanying Items. Customer agrees that an image of an Item or information identifying an Item (e.g., Item number, amount, and date of payment) is an adequate substitute for the actual Item.
b) Customer must notify Bank of any unauthorized, improper, or missing indorsements (each an "Indorsement Issue") within six (6) months of the date of the Account Statement on which that Item was paid. Customer must notify Bank of any errors, alterations, discrepancies, unauthorized charges or transactions, including any Fees, Payment Order, Item, or any other irregularity (each an "Error") on an Account Statement within thirty (30) days of the date of the Account Statement on which such Error appears. Customer must provide Bank with all information necessary for Bank to properly investigate. Notwithstanding the foregoing in this section, in accordance with the Operating Rules, Customer must report an unauthorized ACH debit Entry to an Account immediately, but in no event later than the Business Day following the Business Day on which the unauthorized ACH debit Entry was posted. If Customer does not notify Bank of an unauthorized ACH debit Entry in accordance with the aforementioned deadline, Customer's sole recourse will be with the originator of such ACH debit Entry. Bank recommends that Customer review all Account activity, including ACH Entries, on a daily basis.
c) If Customer fails to notify Bank in accordance with the time frames of Section 13(b) above, Customer will have failed to exercise reasonable care and promptness in reviewing such Account Statement. Bank is not required to reimburse Customer, and Customer is precluded from demanding payment from or making any claim against Bank for any loss, damage, or expense, including any loss of interest, relating to any Indorsement Issue or Error of which Customer failed to notify Bank in accordance with Section 13(b) above.
d) Bank may make certain information regarding Customer's Account and Services, including Payment Orders, Items, transaction details, and balances, available to Customer online or through other means prior to issuance of an Account Statement. Bank will not be responsible for Customer's reliance on any such information. Such information may not be accurate, may be provided by third parties or otherwise not within Bank's control, and may be updated or corrected from time to time.
a) Customer agrees to provide any information reasonably requested by Bank. Customer understands that Bank may request information on behalf of itself, a third-party service provider of Bank, or any governmental body or entity. Additionally, Bank may authorize certain of Bank's third-party service providers to request information directly from Customer. Bank may investigate or request information from third parties regarding any information, data, or statement obtained from or regarding Customer, its owners, officers, or Authorized Users in connection with any Account, Service, or transaction.
b) Customer authorizes Bank to use or disclose any information, data, or documentation with respect to any Account, Service, Item, Payment Order, or transaction, or Customer itself in order to provide the Accounts and Services and for compliance with legal and regulatory requirements and with Bank's internal policies. This may include disclosure to (i) Bank's third-party service providers; (ii) Bank's auditors, advisors, or attorneys; (iii) a proposed assignee of Bank; (iv) Bank's examiners or other regulators; (v) any law enforcement agency; or (vi) any judicial body, such as pursuant to a court order or subpoena.
c) Customer understands that all information, documentation, technology, and Components provided or made available to Customer by Bank are confidential. Customer agrees, with respect to all such information, documentation, technology, and Components, not to (i) share, transfer, or distribute any portion to any third party, except to the extent authorized by Bank; (ii) modify, disassemble, decompile, reverse engineer, or attempt to derive source code, trade secrets, or other confidential or proprietary information; or (iii) use in any manner prohibited by these Electronic Banking Terms, any Service Terms, or applicable law. Customer will return to Bank all technology and Components and will return or destroy all information and documentation, including any copies, upon termination of these Electronic Banking Terms.
a) Customer understands and agrees on behalf of itself, its affiliates and subsidiaries, and their respective officers, employees, and Authorized Users that Bank may monitor and record Customer's telephone and electronic communications with Bank, including any Payment Order, at any time, without further notice to Customer or any other party to the communication. Bank has sole discretion as to which communications, in whole or in part, it may monitor or record and will not be liable to Customer for failure to record all or any part of a communication.
b) All records maintained by Bank in the ordinary course of business will be presumed to be accurate and in the absence of manifest error will be binding and conclusive. Bank may retain copies of all records, information, documents, agreements, or anything similar, including Payment Orders and Items, in connection with any Account or Service in an electronic record preserving the image and/or details of such and discard the original. Customer waives any objection to use of such electronic record in lieu of the original for any purpose and in any forum, venue, or jurisdiction.
17) Bank Audit. Upon notice to Customer, Bank is entitled to audit Customer's compliance with these Electronic Banking Terms, any Service Terms, the Operating Rules (as applicable), and any applicable laws and regulations. This audit includes the ability for Bank to (a) visit Customer's physical facilities; (b) inspect Customer's operational and technical procedures, systems, equipment, and infrastructure; and (c) request any documentation and information. Customer agrees to cooperate with Bank, provide access to Bank, and provide any documents or information, at Customer's expense, as may reasonably be requested by Bank in connection with an audit.
18) Components; Internet
a) In order to use a Service, Customer may be required to access the Internet, access certain websites on the Internet, or use certain software, hardware, telecommunications services, devices, or other equipment (each a "Component") as determined by Bank. Bank may provide specifications or otherwise determine, in its sole discretion, whether any Component is appropriate or acceptable. The necessity or Bank's acceptance of any Component may vary from Service to Service. Unless Bank has agreed otherwise, Customer shall be solely responsible for obtaining any necessary Component, ensuring that it acceptable to Bank, and for maintaining and operating of any Component. Customer shall be solely responsible for all costs, one-time and recurring, related to any Component.
b) Customer understands that there are risks associated in accessing the Internet, accessing any website on the Internet, and using any Component with respect to availability, security, and confidentiality. Customer has made an independent evaluation of, considered, and assumes all risks, including of fraud, hacking, phishing, or computer takeover, any Trojan, worm, virus, spyware, or other form of malicious code, or anything similar that may be associated with accessing the Internet, accessing any website on the Internet, and using any Component. Bank will not have any responsibility or liability, and Customer will be solely responsible and liable for any and all losses, damages, or injuries arising from such assumed risks of the Internet, any website, and any Component. This Section 17 applies regardless of whether Bank specified, mandated, provided, delivered, arranged for, or otherwise made available access to any website or Component.
19) Customer Warranties
Customer represents and warrants that:
a) each Authorized User has been duly authorized to take action on behalf of Customer;
b) if Customer or any Authorized User is taking action on behalf of any subsidiary, affiliate, or other third party, Customer and each Authorized User has been duly authorized to take action on behalf of and by such subsidiary, affiliate, or other third party;
c) prior to submitting any information to Bank regarding any individual, including an Authorized User, Customer has obtained any consent from or made any disclosure to such individual that may be required by applicable law, regulation, or any agreement between Customer and such individual for Bank to process or use such information in providing any Account or Service; and
d) no deposit, file, data, or information of any kind that Customer transmits, sends, delivers, posts, or otherwise provides to Bank contains any Trojan, worm, virus, spyware, or other form of malicious code, or anything similar that Customer knows of or should know of.
20) Disclaimer of Warranties. No warranties with respect to any Account, Service, Component, WEBSITE, or the Internet are provided by Bank or any third-party service provider of Bank. Neither Bank nor any third-party service provider of Bank has made any warranty, express or implied, that any Account, Service, Component, WEBSITE, or the Internet will meet the needs or specification of Customer, will be free of defects, safe, secure, of any particular quality, or WILL provide any particular level of performance or AVAILABILITY. Bank and all third-party service providers of Bank expressly disclaim any and all implied warranties of merchantability, fitness for a particular purpose, and infringement. Each Account, Service, WEBSITE OF BANK, and Component is provided on an "as is," "AS AVAILABLE" BASIS.
21) Limitation of Liability
a) Under these Electronic Banking Terms and any Service Terms, Bank will only be liable to Customer for direct losses to the extent resulting from Bank's gross negligence, willful misconduct, or fraud. Bank will not, under any circumstances and regardless of the cause of action, be liable for indirect, consequential, special, or punitive losses or damages, lost profits (regardless of whether characterized as direct, indirect, or any other form), or any other loss, damage, cost, or expense of Customer.
b) Notwithstanding Section 20(a) above, Customer's sole and exclusive remedy, whether against Bank or any third party, with respect to any Component made available or provided by Bank for any malfunction, error, infringement, deficiency, or anything similar, is the replacement or repair of such Component.
c) Bank will not be liable for, and is released from, any loss, damage, cost, or expense of Customer that may result from: (i) Bank's action or omission in order to comply with any applicable law, regulation, court order, or anything similar; (ii) Bank's action or omission in accordance with any instruction of Customer, Payment Order (or amendment or cancellation thereof), or these Electronic Banking Terms or any Service Terms; (iii) the unavailability of any Service; (iv) the unavailability or malfunction of any website of Bank or Component; (v) any act or omission of any third party not within Bank's control; or (vi) Bank's delay, failure, or inability to perform any obligation because of any act of God, catastrophe, fire, flood, act of any actual or purported governmental authority, war, terrorism, failure or breakdown of any electrical, computer, payment, or communications system, or any other cause beyond Bank's reasonable control.
d) Customer acknowledges that it has been advised of Bank's fraud Services, including Positive Pay, that are designed to assist in the detection and deterrence of unauthorized, altered, counterfeit, or otherwise fraudulent activity on an Account. Customer understands and agrees that if it does not enroll in Bank's fraud Services, to the extent such Services are designed to detect or deter unauthorized, altered, counterfeit, or otherwise fraudulent activity:
(i) Bank will not be required to reimburse Customer or credit its Account;
(ii) Bank will not be liable for, and is released from, any loss, damage, cost, or expense of Customer that may result; and
(iii) Customer is precluded from demanding payment from or making any claim against Bank.
a) Customer agrees to indemnify and hold harmless Bank from and against any and all claims, demands, judgements, losses, damages, costs, or expenses (including attorneys' fees and expenses) arising out of or relating to these Electronic Banking Terms, any Service Terms, or Customer's use of or Bank's providing any Account or any Service, resulting directly or indirectly from:
(i) any act or omission of Bank in compliance with Customer's instruction, including any Payment Order or Item;
(ii) any act or omission of Bank in order to comply with any applicable law, regulation, court order, or anything similar;
(iii) Customer's breach of any provision of the Terms, these Electronic Banking Terms, or any Service Terms;
(iv) any act or omission of Customer that results in the payment of funds to or debit of funds from any person, real or fictitious, not entitled to or not owing all or any portion of such funds; and
(v) any unauthorized access to or fraud on an Account, regardless of whether internal or external.
b) For the purposes of Customer's obligation to indemnify and hold harmless, under these Electronic Banking Terms or any Service Terms, the term "Bank" includes, and Customer's obligation extends to, Bank and its parent company, affiliates, and subsidiaries, and their respective employees, officers, and directors, and any third-party service provider used by Bank to carry out or provide, in whole or in part, any security procedure, Account, or Service.
a) Unless otherwise agreed by Bank, Customer may terminate these Electronic Banking Terms, any Service Terms, any portion of any Service, or close any Account upon thirty (30) days' prior notice. Bank may terminate these Electronic Banking Terms, any Service Terms, any portion of any Service, or close any Account immediately upon notice to Customer, including in the event:
(i) Customer breaches any provision of the Terms, these Electronic Banking Terms, any Service Terms, or the terms of any other agreement between Customer and Bank;
(ii) Customer breaches any provision of the Operating Rules;
(iii) Customer is unable to meet its debts as they come due, any proceeding is instituted with respect Customer's bankruptcy, voluntary or involuntary, or Bank makes a good faith determination that there has been or is likely to be a material adverse change in the business, assets, properties, liabilities (actual or contingent), operations, condition (financial or otherwise), or prospects of Customer;
(iv) Bank, in its sole discretion, suspects Customer has used or attempted to use an Account or Service to engage in fraudulent activity or determines it is necessary to comply with applicable law, regulation, court order, or anything similar; or
(v) the action or unavailability of any third party or any other occurrence beyond Bank's reasonable control that causes Bank to be unable to provide an Account or Service, or any portion thereof, to Customer.
b) Termination of these Electronic Banking Terms will terminate all Services. Termination of any Service Terms will terminate the applicable Services. The closing of any Account or termination of any Service, or any portion thereof, shall not affect Customer's obligations or liabilities, including with respect to payment of any Fees and indemnification, which will continue in full force and effect.
24) Governing Law
a) Customer will comply with all applicable laws and regulations and any Bank policy or procedure that Bank has provided or made available to Customer. This includes (i) sanctions enforced by the Office of Foreign Assets Control (OFAC); (ii) the Uniform Commercial Code; and (iii) Federal Reserve and Federal Trade Commission regulations. Further, Customer understands that all ACH transactions, including Customer's receipt or origination of any ACH credit or debit Entry will be subject to the Operating Rules which Customer agrees to be bound by and comply with.
b) The Terms, these Electronic Banking Terms, and all Service Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and applicable federal laws, without regard to principles of conflicts of law. Each of Bank and Customer agrees that either the United States District Court for the Western District of Kentucky, located in Louisville, Kentucky, or the Commonwealth of Kentucky Jefferson County Circuit Court will have exclusive jurisdiction and be the only proper venues in which to bring any claim, counterclaim, action, proceeding, or suit arising out of or relating to these Electronic Banking Terms, any Service Terms, or Customer's use of or Bank's providing any Account or any Service. Each of Bank and Customer consents to the jurisdiction and venue of such courts and expressly waives any claims or defenses of lack of personal jurisdiction or proper venue by such courts.
c) Each of Customer and Bank irrevocably waives all right to, and will not seek, trial by jury in any claim, counterclaim, action, proceeding, or suit, regardless of type, form, or cause of action, arising out of the Terms, these Electronic Banking Terms, or any Service Terms.
a) Bank may supplement, update, amend, or replace all or any provision of the Terms, these Electronic Banking Terms, or any Service Terms at any time. Bank will notify Customer of any such supplement, update, amendment, or replacement. Customer's continued use of any Service after notification will constitute Customer's acceptance thereof, regardless of whether Customer has actually reviewed such supplement, update, amendment, or replacement. If Customer objects to or does not agree to any supplement, update, amendment, or replacement, Customer must immediately discontinue use of all Services and notify Bank.
b) In the event that Bank's provision of any Account or Service or performance in accordance with these Treasury Terms or any Service Terms would result in a violation of a law, regulation, or government policy to which Bank is subject, then these Electronic Banking Terms or any Service Terms, as applicable, shall be deemed amended to the extent necessary to comply with such law, regulation, or government policy, and Bank will not be liable to Customer as a result of such violation or amendment.
c) The Terms, these Electronic Banking Terms, Service Terms, and any other Bank forms or documents may only be modified, amended, supplemented, updated, or replaced by Bank or with Bank's written consent. No course of dealing between Bank and Customer will constitute a modification, amendment, supplement, update, or replacement regardless of the practices or procedures Bank or Customer may use.
All notices must be in writing. Notice to Customer may be mailed to Customer's last known address, sent electronically to any email address provided by Customer, or made available electronically through a Service. Notices to Bank must be mailed to Bank's treasury management operations department at: P.O. Box 32890, Louisville, Kentucky 40232-2890, Attention: Electronic Banking Services. Notice to Bank will only be effective once received and Bank has had a reasonable opportunity to act.
Customer may not assign its interest, rights, or obligations in any Account or Service, or under these Electronic Banking Terms or any Service Terms, without prior written consent of Bank, and any purported assignment in violation shall be void. These Electronic Banking Terms and all Service Terms are binding upon and inure to the benefit of Customer and Bank and their respective successors and permitted assigns.
All provisions of the Terms, these Electronic Banking Terms, and Service Terms are severable from one another. The unenforceability or invalidity of any provision does not affect the enforcement or validity of any remaining provision.
Section headings used in these Electronic Banking Terms or any Service Terms are for convenience only and not part of the terms thereof.
Any waiver of any provision of the Terms, these Electronic Banking Terms, or any Service Terms by Bank must be in writing to be effective. Bank's waiver of any right will only apply on that occasion and will not be deemed a waiver of other rights or of the same right at another time. No course of dealing by Bank, nor any failure to exercise, nor any delay in exercising any right, power or privilege hereunder by Bank shall operate as a waiver thereof.
31) Entire Agreement
The Terms, these Electronic Banking Terms, the Service Terms, and any agreement, application, user guide, procedure, or other documentation incorporated by reference (i) constitute the entire agreement between Bank and Customer regarding the Accounts and Services, (ii) supersede any prior agreements regarding the Accounts and Services, and (iii) may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements.
Part II. Service Terms
The terms, conditions, and disclosures of each section of this Part II will only be applicable for those Services Customer applies for, uses, or continues to use. Each section of this Part II will be considered a separate Service and the corresponding terms, conditions, and disclosures will be considered Service Terms. All Service Terms are subject to the Electronic Banking Terms (Part I of this Agreement), which are hereby incorporated into the Service Terms by reference. Any capitalized terms used in the Service Terms, unless otherwise defined or provided for therein, shall have the meaning ascribed in the Electronic Banking Terms. Customer may not be eligible for all Services. Services may not be available to Customer at all times.
A. Online Banking
1) Service. This Service provides Customer with the ability to view and monitor Account balances and activity electronically through an online, browser-based portal. Additionally, this Service provides Customer with the ability to utilize other Services Customer has requested and Bank has approved Customer's use of, including to initiate Payment Orders via Bill Payment, Stop Payments and/or Internal Transfers. The foregoing is not an exhaustive list of the Service's capabilities, and Bank may expand, reduce, or modify the capabilities at any time.
2) Administrators. Bank may provide Customer with the ability to designate certain Authorized Persons to act as administrator and entitle Authorized Users. If such ability is made available to Customer, Customer understands that such Authorized Persons will have authority to determine each Authorized User's ability to view, access, and control an Account and use any Service. Additionally, such Authorized Persons will be responsible for receiving and distributing any materials, disclosures, notices, documents, and correspondence made available by Bank through this Service. Materials, disclosures, notices, documents, and correspondence made available by Bank through this Service may apply to this Service and any other Service. Any materials, disclosures, notices, documents, or correspondence made available by Bank through this Service will be deemed to be received by and effective against Customer.
3) Messages to Bank. Customer may have the ability to send electronic messages to Bank through this Service. Customer understands that such messages may not be secure or encrypted. Customer shall not send or ask for confidential, personal, or sensitive information in any electronic message, including Account numbers, passwords, or User IDs. Further, Customer shall not use or attempt to use electronic messages to initiate any Payment Order, and Bank is not obligated to act upon any Payment Order submitted through electronic messages.
4) Alerts. If enabled by Customer, Bank may send communications to Customer regarding its Accounts via email and/or text message. Bank will send such communications to the email address and/or mobile phone number that has been provided to Bank and shall have no responsibility for validating the accuracy of such information and no liability for the interception, misdelivery, non-delivery, or delay of any communication. Customer understands that such communications may not be secure or encrypted.
5) Stop Payments. If Customer elects to use the stop payment feature of this Service, Customer must provide Bank with all information reasonably necessary for Bank to sufficiently identify the applicable Check and act on such stop payment order. A stop payment order is not effective until it is properly completed, received by Bank, and Bank has had a reasonable time to act. Properly submitted stop payment orders or stop payment orders requested via this Service are effective for six (6) months after the date received and will automatically expire after that period unless renewed in writing. Customer must submit stop payment orders within Bank's processing cut-off time for stop payment orders each Business Day. Any stop payment order submitted after Bank's processing cut-off time will be considered to have been submitted the following Business Day. Prior to requesting a stop payment, Customer must verify that the Item has not already been posted to an Account. If an Item has already been paid prior to Bank's receipt and entry of the stop payment request, then Bank shall not be liable for any loss incurred by Customer arising from the event.
6) Book Transfers. Customer may use the book transfer feature of the Service to initiate a Payment Order between Customer's Accounts. Customer must submit a book transfer within Bank's processing cut-off time for book transfers each Business Day. Any book transfer submitted after Bank's processing cut-off time will be considered to have been submitted the following Business Day.
7) Internet; Components. Customer understands that its use of this Service, and any other Service through this Service, operates using the Internet and other Components. In addition to any other assumptions of risk provided for under the Terms, Treasury Terms, and any other Service Terms, Customer acknowledges and assumes all risks of interception, security breach, corruption, transmission error, and access unavailability associated with the use of this Service, any other Service, the Internet, or any Component.
8) Periodic Use. Customer will access this Service at least every ninety (90) days. If Customer does not access this Service for ninety (90) days Bank reserves the right to remove Customer's ability to use this Service or terminate this Service without notice. This requirement does not affect and is in addition to and not in lieu of any other obligation Customer may have under the Terms, Treasury Terms, or any other Service Terms, including to review its Account Statements.
B. Business Bill Payment
In addition to the Online Banking features listed above, Stock Yards Bank & Trust customers with eligible deposit accounts may also use the optional Business Bill Payment service.
If you are a Stock Yards Bank & Trust customer with a deposit account, you may use the Bill Payment service to make one-time or recurring payments online from your linked business checking account(s), and money market deposit account(s) to companies or individuals (Payees) you select.
You will be required to complete an enrollment process and must await an approval to use this service; approval period can take at least 3 business days before it is an active service. Upon being approved you must agree to the Bill Pay Agreement/Terms & Conditions and will be bound by the Bill Pay Agreement/Terms & Conditions for this service.
C. Mobile Deposit
In addition to the Online Banking Features listed about, Stock Yards Bank & Trust customers with eligible deposit accounts may also use the optional Mobile Deposit service.
Mobile Deposit is designed to allow you to make deposits of checks to your account using your mobile device by taking a picture of your check and delivering the images via the Stock Yards Bank & Trust Mobile Banking Application.
You will be required to complete an enrollment process and must await an approval to use this service. Upon being approved you must agree to the Mobile Deposit Terms and Conditions and will be bound by the Mobile Deposit Terms and Conditions for this service.
Online Banking Minimum Operating Requirements
You must use a computer that has:
- Microsoft Windows 10 or later or Mac OS X 10.10 or later.
- Available browser updates applied for improved security that provide anti-virus and spyware protection.
- An internet connection with a minimum of 1 Mbps download speed.
Browser support is subject to change without notice, so we encourage users to configure
browsers for automatic updates. Use the latest version of your browser for the most secure
Any browser not listed in the following table should be considered unsupported.
Browser Windows MacOS Google Chrome (Current & previous two major versions) Recommended Recommended Mozilla Firefox (Current & previous two major versions) Supported Supported Microsoft Edge (Current & previous two major versions) Supported Unsupported Apple Safari (Current & previous two major versions) Unsupported Supported
Users can use Fingerprint Login, Touch ID, or Face ID to log in to the mobile banking app. The Fingerprint Login feature is based on the fingerprint API introduced with Android 6.0 Marshmallow. Some Samsung and Nexus phones do not support Android's API, even though they include the hardware on the phone. These devices are not supported by Stock Yards Bank's Fingerprint Login feature.
Fingerprint Login is a free feature currently only available for login authentication on eligible Android devices. To use this feature, you must meet the following operating system, hardware, and release requirements:
- Samsung Galaxy S7 or later
- Google Nexus 7 or later
- Google Pixel first generation or later
- User registration with Fingerprint Login at the device level
Touch ID and Face ID are only available for login authentication on supported Apple iOS devices and require user registration of the feature at the device level.
Note: To deposit checks through the Stock Yards Bank Mobile App, user must have a mobile device with a rear-facing camera with a resolution of at least 5 megapixels.