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OZARK BANK INTERNET BANKING FEES

FREE Personal and Business Internet Banking.  Unlimited access includes viewing account balances, access history, transfer funds, view cancelled checks, stop payments, and download transaction history, free creation of Bill Payment Payees, and free transmittal or mailing of regular Bill Pay payments.


INTERNET BANKING TERMS AND CONDITIONS

These Terms and Conditions, along with the Guides, as may be amended or replaced, are the agreement ("Agreement") that governs your use of Ozark Bank's Internet Banking Service ("Service"). "Guides" means any user guides, Help files, software or other instructions, including those online, relating to the Service. The Terms and Conditions also contain important disclosures relating to electronic fund transfers made through the Service. "Internet Banking" is online banking conducted via the Ozark Bank website. By subscribing to the Service or using the Service to access Account information, or to make any transfer between Accounts, you agree to the Terms of this Agreement. Access to Account information or transfers between Accounts are referred to as "Transactions." By using any new services that are made available, you agree to be bound by any Terms and Conditions that we communicate to you concerning those services.

"Account(s)" mean the checking, loans, certificate of deposits, regular savings or savings with limited check writing privileges (money market type) accounts with us. You must have an Ozark Bank Account relationship to enroll in the Service. "Deposit Account(s)" mean Accounts that you designate for the deduction of service charges and other fees related to the Service. In our sole discretion, we may refuse to include, or may exclude from continued use, an Account in the Service. The words "we", "us" and "our" refer to Ozark Bank, the bank which holds the Accounts accessed by the Service. The words "you" and "your" refer to each person subscribing to the Service and each person who uses the Service with the permission of the subscriber. Princeton eCom is an independent contractor with whom Ozark Bank has contracted to implement portions of the Service. The words "you" and "your" refer to each person subscribing to the Service and each person who uses the Service with the permission of the subscriber.

"Business Days" are Monday through Friday. Federal Reserve holidays are not included. You can use the Service on the days and during the hours specified in the Guides, except during maintenance periods. However, we can process Transactions only on Business Days. "Banking Day" means that part of any Business Day on which we are open to the public for carrying on substantially all of our banking functions.

Much of our relationship with you is regulated by State and Federal Law, including the Uniform Commercial Code, and regulations of the Federal Reserve System, and other regulatory agencies and clearinghouse associations. These laws and regulations, as well as the terms of the Agreement, may change from time to time without notice to you unless required by law. Your continued use of the Service following receipt of the Agreement or notice of a change is considered acceptance of the Agreement or change. The agreements that apply to your Accounts with us, including, but not limited to, the Deposit Agreement, Funds Availability Policy and fee schedules, apply to all Transactions made on the Accounts through the Service.

Information Authorization. You agree that we may obtain and review your credit bureau report, from time to time. We may obtain information regarding your accounts with Payees in order to facilitate proper handling and crediting of your payments. You authorize us to provide updated customer information, including, but not limited to, name, address, telephone numbers and e-mail addresses to your Payees.

We encourage you to keep this Agreement for your records. If you have any questions, ask your Ozark Banker.

YOUR PASSWORD

The Password is for your use and protection. You agree to: (a) not discuss the Password, or other means to access the Service or your Accounts, or otherwise make it available to anyone else; (b) use the Password as instructed in the Guides; (c) immediately notify us of any loss or theft of the Password; and (d) be liable for the Password and for its authorized use and for its unauthorized use as described in this Agreement. Unless you notify us as provided in this Agreement, you acknowledge that we are entitled to rely on the use of your Password as your authorization for any Transaction through the Service. You are responsible for all Transactions you initiate or authorize using the Service. If you permit any other person to use the Service or your Password, you will have authorized that person to access your Accounts and you are responsible for any Transaction that person initiates or authorizes from your Accounts.

We reserve the right to implement additional security procedures, such as limiting the frequency and dollar amount of Transactions from your Accounts for security reasons.

TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT OF UNAUTHORIZED TRANSACTIONS OR STOP PAYMENTS

Tell us AT ONCE if your Password, or other means to access the Service or your Accounts, has been lost or stolen. If you believe your Password is subject to unauthorized use or that someone has transferred or may transfer money from your Account without your permission, call or write us at the telephone number and address listed below:

Ozark Bank
Internet Banking Customer Service
P.O. Box 220
Ozark, MO 65721
1-417-581-2220

TYPES OF AVAILABLE TRANSACTIONS AND LIMITS ON TRANSACTIONS

Internet Account Access. Upon request, you may use the Service to:

Internet Banking

Funds Availability. Funds are available for transfers in accordance with our Funds Availability Policy.

Limitation on Dollar Amount and Frequency of Transactions. Subject to available Deposit Account balances, funds transfers can be made for any available amount. There are no limitations on the number of Transactions that can be made during any time period to or from any account, except as provided by federal regulations limiting preauthorized transfers. By federal regulation, you are limited during any statement cycle to six preauthorized or automatic transfers (three of which may be by check, draft or similar order) if the Account is a savings or a savings with limited check writing privileges (money market type) account.

Online Bill Payment Service Terms and Conditions

Fees

This service allows the creation of Bill Payment Payees, and free transmittal or mailing of regular Bill Pay payments.  Any payments deemed "GUARANTEED" or "EXPEDITED" may be subject to the fees listed at the time of the transaction.

If you designate additional checking accounts for the Bill Payment Service, the same fee structure will apply to each additional account.

Designated Bill Pay Account

Make payments from any of your checking accounts that you designate as your bill payment account.  You may designate more than one checking account, however all accounts will be subject to the fee schedule currently in effect for Bill Payment Services.

Payment Methods

Payment methods include Electronic Fund Transfer Payments ("EFT Payments") or paper check payments.

EFT Payments

EFT Payments will be processed and debited from your bill payment account on the payment date you selected, if the payment was scheduled before 12:00 Noon CST.  Otherwise the payment will be processed on the next business day.  Please allow up to 4 business days for your Payee to receive the EFT payment.

Check Payments

Check payments will be processed and a paper check mailed on the payment date you selected, if the payment was scheduled before 12:00 Noon CST.  Otherwise the payment will be processed and a paper check will be mailed on the next business day.  The funds will be debited from your account when the check is presented to the bank for payment, the same as if you had written and mailed the check.  Please allow up to 7 business days for your payee to receive the paper check.

Payments scheduled for a holiday will be processed on the first business day preceding that date.

Payments scheduled for a Saturday or Sunday will be processed on the first business day preceding that date.

Payment Scheduling

A "Scheduled Payment" is a payment that has been scheduled by you through the Bill Payment Service but has not begun processing.  You must specify the date by which you want the Bill Payment Service to originate your payment.  Please allow up to 4 business days for your Payee to receive an electronic payment and allow up to 7 business days for your Payee to receive a paper check payment. 

Payments may be scheduled as a 'one time' payment or as a 'recurring' payment.

Payments scheduled for a holiday will be processed on the first business day preceding that date.

Payments scheduled for a Saturday or Sunday will be processed on the first business day preceding that date.

It is your responsibility to schedule timely payments.  It is your responsibility to include payment instructions in such a manner that your Payee can identify your account and that your bills are paid on time.  You are responsible for any late payment charge, finance charge, penalty or default that may result from your failure to transmit payment instructions.

Payment Instruction

Payment instructions are information provided by you to the Bill Payment Service.  This information may include: Payee name; Payee account number; scheduled payment date; payment amount; and memo information.

Payment Authorization and Payment Remittance

By providing the Bill Payment Service with names and account information of Payees to whom you wish to direct payments, you authorize Ozark Bank and Princeton eCom to follow the Payment Instructions that are received through the payment system.  You also authorize Ozark Bank to debit your designated checking account and remit funds on your behalf.

Prohibited Payments

Payments to Payees outside the United States are prohibited.  In addition, you may not make a payment of alimony, maintenance, child support, taxes, or other governmental fees or court-directed payments through the Bill Payment Service.  In no event shall Ozark Bank be liable for any claims or damages resulting from you scheduling Prohibited Payments.  All research and resolution for any misapplied, misposted or misdirected payments will be your sole responsibility.

Payee Limitation

While most Payees can be reached through the Service, we reserve the right to refuse to allow you to designate any particular Payee or classes of Payees.  We will notify you if we decide to refuse to pay a Payee designated by you.  This notification is not required if you attempt to make a Prohibited Payment.

Service Guarantee

Due to circumstances beyond our control, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your Payee.  Ozark Bank will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date, as long as the payment was scheduled in accordance with the section entitled Payment Scheduling in the Agreement.  You agree to notify us promptly if you receive notice from a Payee that a payment you made using the Bill Payment Service has not been completed or remains unpaid.  We will not be liable to you for any damages to the extent that your failure or delay in notifying us that a bill payment was not made prevents us from avoiding or alleviating such damages.

Returned Payments

We will not be liable to you if a Payee cannot or will not accept a payment made through the Bill Payment Service.  You understand that Payees, the United States Postal Service and/or other mail or delivery services may return payments to Ozark Bank or Princeton eCom for various reasons such as, but not limited to: Payee's forwarding address expired; your account number with Payee is not valid; Payee is unable to locate your account; or your account with Payee is paid in full.  Returned payments that were previously debited from your account will be credited back.

Stop Payments

Stopping the payment of a check is different from the cancellation of a bill payment. 

Once an electronic payment has been processed and the funds have been debited from your account, you CANNOT cancel or stop the bill payment.

You may be able to stop a paper check bill payment if you do so before it clears your checking account.  After the check is printed and mailed, your bill payment history will show the check number for that payment.  The stop payment would be added in the same manner as for a regular check written out of your checkbook, subject to our Stop Pay Fee in effect at that time.

Changing or Canceling a Scheduled Payment

You may add, change, or delete a payment up to 2:00 AM CST on the day the payment is scheduled to be sent.  If a same day payment is submitted between 2:00 AM CST and Noon CST it may be changed or deleted up until Noon CST.

Insufficient Funds

Check payments are handled in the same manner as a check written out of your checkbook against an insufficient balance.  Returned Check or NSF Fee will be charged according to our current fee schedule.

Electronic payments are verified for funds availability during processing.  If the funds are available, the account that you selected for the payment will be debited and the information sent on to Princeton for processing.  If the funds are not available, the payment will not be processed and you will receive an electronic message to inform you that the payment could not be sent due to insufficient funds.  Each day the payment will be resubmitted until you either delete the payment or the funds are in the account to make the payment.

Available Funds

Electronic payments will be paid against your available balance, which may include any available overdraft protection balance, ready reserve balance, or other deposit accounts you have authorized to be used for overdraft protection.  If your current balance is not sufficient to cover the electronic payment, an overdraft fee may apply.

Check payments are handled in the same manner as a check written out of your checkbook.

CHARGES FOR TRANSACTIONS OR RIGHT TO MAKE TRANSACTIONS

Internet Banking: FREE Personal and Business Internet Banking.  Unlimited access includes viewing account balances, access history, transfer funds, view cancelled checks, stop payments, and download transaction history.

Bill Payment:  This service allows the creation of Bill Payment Payees, and free transmittal or mailing of regular Bill Pay payments.  Any payments deemed "GUARANTEED" or "EXPEDITED" may be subject to the fees listed at the time of the transaction.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

We will disclose information to third parties about your Account or Transactions you make:

RIGHT TO RECEIVE DOCUMENTATION OF TRANSACTIONS

Periodic Statement. You will receive a monthly Account statement if you have an Account upon which checks may be drawn. You will receive a monthly transcript statement on your regular savings account if there are ACH or ATM Transactions during the month. In any case, you will receive a quarterly savings statement.

BANK'S LIABILITY FOR FAILURE TO MAKE TRANSFERS OR PAYMENTS

If we do not complete a Transaction to or from your Payment Account on time or in the correct amount according to this Agreement, we will be liable for your actual losses, if any, as provided by applicable laws and regulations. However, there are some exceptions. We shall not be liable and any Service Guarantee shall be void if we are unable to complete a Scheduled Payment or other Transaction if for example, but without limitation,

LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTIES

If the Service is not available due to malfunction of the system or circumstances beyond our control, you agree to access accounts and pay bills by other means such as a bank branch, ATM, telephone, check, credit or debit card. Customer Service will assist you with these alternate means. We shall not be liable for any expenses you incur as a result of using alternate means of access or payments.

Disclaimer of Warranty and Limitation of Liability – We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the SYSTEM Services provided to you under this Agreement.  We do not and cannot warrant the SYSTEM will operate without errors, or that any or all SYSTEM Services will be available and operational at all times.  Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to the SYSTEM, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty.  Further, except as otherwise provided by law, in no event shall the liability of Ozark Bank and its affiliates exceed the amounts paid by you for the services provided to you through the SYSTEM.

YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS

Tell us AT ONCE if you believe there has been an unauthorized transaction from your Account or if you discover your Password or other means of access to the Service or your Accounts has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account plus your maximum overdraft line of credit. If you tell us within two (2) Business Days, you can lose no more than $50 if someone deposited, withdrew or transferred funds without your permission. If you do NOT tell us within two (2) Business Days and we can prove we could have stopped someone from transferring funds without your permission if you had told us, you could lose as much as $500. Also, if your Account statement shows Transactions that you did not authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

ERROR RESOLUTION PROCEDURES

In cases of errors or questions about your electronic Transactions (refer to your Cardholder Agreement for procedures relating to errors or questions regarding your Accounts):

Call us or write us at the phone number or address listed in this Agreement as soon as you can, if you think your statement is wrong or if you need more information about a Transaction 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 or no later than 60 days after we send the e-mail notification that the FIRST statement on which the problem or error appeared was available online.

If you tell us orally, we may require that you send your complaint or question in writing within 10 Business Days.

Generally, we will tell you the results of our investigation within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will provisionally recredit your Account within 10 Business Days 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 complaint or question in writing and we do not receive it within 10 Business Days, we may not recredit your Account. If notice of an error involves a new account, the applicable time period for acting shall be 90 calendar days in place of 45 days. For new accounts we may take up to 20 business days to credit your account for the amount you think is in error.

If we decide that there was no error, we will send you a written explanation within 3 Business Days after we finish our investigation and will revoke any provisional credit to you Account. You may ask for copies of documents that we used in our investigation.

INTERNET CONNECTION

You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. We shall not be responsible for any adverse consequences whatsoever of your connection to or use of the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.

TERMINATION OF THIS AGREEMENT

You may terminate your use of the Service at any time by calling or writing Internet Banking Customer Service at the telephone number or address provided in this Agreement. We may terminate your use of the Service, in whole or in part, at any time without prior notice. If you terminate the Service, you authorize us to continue making transfers you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice, not to be less than five (5) Business Days after oral or written notice is received by Customer Service. Once we have acted upon your termination notice, we will make no further transfers from your Account. If we terminate your use of the Service, we reserve the right to make no further transfers from your Accounts. Termination will not affect your liability or obligations under the Agreement.

NOTICES

Except as otherwise provided in the Agreement, all notices required to be sent to you will be effective when we mail or deliver them to your last known mail or e-mail address that we have for you in our records. You agree that we may send or provide by electronic communication any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic messages sent to you and will not attempt to avoid receiving any messages. You are deemed to have received any electronic messages sent to you when they are made available to you. Except as otherwise provided in this agreement, any notice that you send to us must be mailed to the address listed in this Agreement. Such notice is effective when it is actually received by us and we have had a reasonable opportunity to act, not to be less than five (5) Business Days. We may, in our sole discretion, act upon verbal notice from you except with respect to oral

stop payment notices.

AMENDMENTS

This Agreement may be amended from time to time. Unless otherwise required by law, we may amend the Agreement by posting a notice on our website, sending you a copy or a message on your periodic statement, or sending an electronic communication. Your continued use of the Service after the effective date of any amendment, or after a reasonable time not to exceed ten (10) calendar days, if no such date is stated, will constitute your acceptance of the terms of the amendment. We may, from time to time, revise or update the Service or Guides, which may render all prior versions obsolete. We reserve the right to terminate this Agreement as to all such prior version and limit access to only the most recent revisions and updates.

ASSIGNMENT

You may not assign the Agreement to any other party. We may assign the Agreement or delegate any or all of our rights and responsibilities under the Agreement to independent contractors or other third parties.

NO WAIVER

No delay or omission by us in exercising any rights or remedies under the Agreement shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of any other right or remedy. No waiver shall be valid unless signed in writing by us.

CAPTIONS

The captions of sections of the Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions.

ENTIRE AGREEMENT

The Agreement is the complete and exclusive agreement between you and us relating to the Service, which supersedes any prior agreement, oral or written, and any other communications between you and us related to the Service. If there is a conflict between what our employee or employee of a third party to whom we have delegated any of our rights and responsibilities under this Agreement, the terms of this Agreement shall control. In the event of a conflict between the Agreement and the Guides, or any other agreements or disclosures relating to your Accounts, the Agreement shall control.

GOVERNING LAW

This agreement shall be governed by construed in accordance with the laws of the State of Missouri, without regard to its conflicts of laws provision.

MEMBER FDIC
Effective 4/1/2003
Rev. 11/4/2009

END OF DOCUMENT