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TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE OR ANY OTHER PAGES THEREOF.

Acceptance of Terms

Welcome to Bank of Mingo’s website. The Bank of Mingo provides its service to you, subject to the following terms and conditions, which may be updated by us from time to time without notice to you. You can review the most current version of the terms and conditions at any time at https://www.thebankofmingo.com By accessing the website you indicate your acceptance of and agreement to these terms and conditions.

Intellectual Property Rights and Use of Information

The website pages, text and images appearing in this website are owned by The Bank of Mingo and are intended solely for the personal use of website users. The information and materials may not be copied, displayed, distributed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, without the express written permission of the Bank of Mingo.

Availability of Products

The products or services described on the Site may not be available in all geographical areas. In addition, you may not be eligible for all the products and services described herein. Your eligibility for particular products and services is subject to Bank of Mingo’s determination and acceptance.

Bank of Mingo uses reasonable efforts to include accurate, complete and current information on this Site, however, Bank of Mingo does not warrant that the content herein is accurate, complete, current or free of technical or typographical errors. Bank of Mingo reserves the right to make changes and updates to any information on the Site without prior notice. It is up to you to verify any information on the Site before relying on it. Bank of Mingo reserves the right to terminate any or all web offerings without prior notice.

Security and Protecting your Account

We are strongly committed to protecting the security and confidentiality of our customer accounts information. You can only access our site with certain browsers that have a high security standard. Your account numbers are never displayed in full, only the last 4 digits can be viewed. You must have a valid online banking user id and password to logon. If no action is taken after 15 minutes, you will be automatically logged off the online banking service. In addition, your online account will be disabled if the allowed number of login attempts is surpassed. You agree not to give out your identifying information such as your Access ID or Password to any other person. Bank of Mingo may rely on your Access ID to identify you when providing banking services to you. Never leave your PC unattended while using the Bank of Mingo link. Be sure to always exit the system by clicking on EXIT and notify Bank of Mingo at (304- 475-1900) immediately if you suspect that your Access ID or Password has become known to any unauthorized person.

Equipment & Software

A personal computer, Web Browser software, and an Internet access account are required to access Online Banking.

E-mail

We can be reached through email at customer.service@thebankofmingo.com. Generally, requests received from the system will be processed within two business days using procedures that would handle similar requests received by mail or fax. If urgent action is required, we recommend that you contact Bank of Mingo directly by telephone at (304-475-1900) between 9:00 a.m. and 5:00 p.m. Monday-Thursday, and 9:00 a.m. to 6:00 p.m. on Friday. Please keep in mind that email is not a secure environment like Online Banking. We ask that you do not include sensitive information such as account numbers, balances, passwords, or social security numbers.

Account Access

Online access can be comprised of the following account types: checking, savings, loan products and certificate of deposits.

To have access to Online Banking, you must be an authorized user of the Software you select, if required, for use with the Equipment. You must also have at least one Identified Account with us. ALL IDENTIFIED ACCOUNTS HAVING THE SAME AUTHORIZED SIGNORS ARE ACCESSIBLE TO ALL SIGNORS WHO CAN ACCESS ANY ONE OF THESE ACCOUNTS USING ONLINE BANKING. If you have more than one loan or deposit account with the same authorized signors, they can be added to your Online Banking access if you request it.

During your enrollment for Online Banking, you will be required to determine a unique Access ID and password. Use of the Access ID and password is the required security procedure to access Online Banking through any Equipment. By use of the Online Banking product, you agree that this is a satisfactory and acceptable security method. You agree to keep your Access ID and password confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of Online Banking.

You may use your computer to transfer funds among any of your Identified Account(s) which have the same primary social security or TIN. Transfers made after 5:00 PM Eastern Time on a business day will be processed on the next business day. Bill payments made after 4:00 PM Eastern Time on a business day will process on the next business day.

Bill Pay

You may use Bill Pay to make current, future and recurring payments from any checking account elected as an Identified Account. Using the Bill Pay service, you may only pay established payees with United States Postal Service addresses. While payments to most payees can be made using the Bill Pay service, we reserve the right to refuse to make payments to certain payees, such as for alimony, child support, tax and other court or government directed payments, fines or penalties. It is unlawful to use this system to transfer money to any person or organization listed in the Office of Foreign Asset Control's Specially Designated Nationals list.

You must allow at least five (five) business days, prior to the due date, for each bill payment (recurring or variable) to reach the merchant. (It is the responsibility of the subscriber to schedule/activate recurring payments.) Due to circumstances beyond our control, some merchants take longer to post payments than others. We suggest sending your first payment eight (8) days in advance of the due date. After the first payment has posted, you will have a better understanding of how much time to allow for each payee.

When anyone having access to your Online Banking accounts has entered and transmitted a payment instruction, you authorize us, or our agent, to reduce the balance in your Identified Account accordingly. If there are insufficient funds in your Identified Account to make payments you have authorized, we may either refuse to pay the item or we make the payment and thereby overdraw your Identified Account. In either event, you are responsible for any non-sufficient funds (NSF) and overdraft charges the Bank may impose, as stated in the Bank of Mingo’s Miscellaneous Fee Schedule. You may experience inconsistent or delayed balance information as a result of transaction posting times.

Payment Cancellation Requests

You may cancel or edit any scheduled payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a scheduled payment. Once the service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted

Stop Payment Requests

The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has been processed, you must contact Bill Pay Manager at 1-855-513-3912. Although the service will make every effort to accommodate your request, the service will have no liability for failing to do so. The service may also require you to present in writing within fourteen days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule, which is $32.00.

External Transfer Terms and Conditions

Bank of Mingo’s external transfer services allow you to transfer funds to or from your eligible accounts held at Bank of Mingo and other eligible accounts held by you at other U.S. financial institutions. External transfers’ may only be processed:

  • Between accounts that have the same owners on both accounts.
  • If the transfer is permitted by your external financial institution: and
  • If the transfer is permitted by law

Bank of Mingo reserves the right to obtain such additional information as we deem reasonably necessary.

Information

You authorize Bank of Mingo to validate the external accounts through the use of test transactions, in which one or more low value payments will be both credited to and debited from the account. The test credit will always be of the same or less amount, so that the balance in any of your accounts will never be less than the actual balance.

Once the test transaction is complete, we may ask you to access your account to tell us the amount of the test credit or debit or any additional information reported by your bank. We may also verify your external accounts by requiring you to submit proof of ownership of the account. Other account verification methods may also be employed at the sole discretion of Bank of Mingo. By using Bank of Mingo’s external transfer service, you represent and warrant to Bank of Mingo that you have the right to authorize and permit us to process such funds transfers or for any other purpose authorized by this agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third-party rights. You warrant and represent that the information you are providing is true, current, correct and complete. You hereby authorized and permit Bank of Mingo to use information submitted by you to accomplish these purposes and to configure the service to be compatible with the accounts.

□You understand and agree that at all times your relationship with each account provider is independent of Bank of Mingo and your use of this service. Bank of Mingo will not be responsible for any acts or omissions by the financial institution or other provider of any account, including without limitation any modification, interruption or discontinuance of any account by such provider.

□You agree that we shall not be liable for any cost, fees, losses or damages of any kind incurred as a result of:

1. Our inability due to the actions of a third-party to debit and /or credit the

accordance with your transfers’ instructions;

2. Any inaccuracy, incompleteness or misinformation contained in the

information retrieved from the accounts;

3. Any charges imposed by any provider of accounts of fund transfers; and

4. Any funds transfer limitations set by the financial institutions or other

providers of the accounts.

Periodic Statements

You will be mailed periodic statements for your Identified Account(s) as scheduled in the depositor agreements. In addition to reflecting your other account activity, your statements will include any transfers or Bill Pay transactions you authorize using Online Banking. Unauthorized transactions appearing on those statements shall be reported as provided in your deposit agreement for the account from which the unauthorized transaction occurred.

Business Days

Our business days are Monday through Friday except federal bank holidays.

Hours of Operation

An employee will be available to assist you with any Online Banking or Bill Pay issues business days between the hours of 9:00 AM to 5:00 PM Eastern Time. Although Bill Pay transactions and account transfers can be processed only on business days, you can access Online Banking and Bill Pay 24 hours a day, except during scheduled maintenance periods.

Your Responsibilities

You are responsible for all transfers and Bill Pay transactions you authorize using the Online Banking or Bill Pay. If you permit other persons access to your Online Banking account with your access ID and password, you are responsible for any transactions they authorize from your Identified Accounts. If you believe your user ID/password has become known by an unauthorized person, or that someone has transferred money without your permission, contact us immediately by calling (304) 475-1900 or write us at Bank of Mingo, 10 Commerce Drive Williamson, WV 25661

Our Responsibility

  • We, or our Service Provider, are responsible for completing fund transfers and Bill Pay transactions from your Identified Account(s) on time according to your properly entered and transmitted instructions. However, neither we nor the Service Provider will be liable:
  • If you do not have adequate money in a deposit account to complete a transaction from the account, or if that account has been closed;
  • If you have not properly followed Online Banking or Bill Pay instructions on how to process a transfer or bill payment;
  • If you have not given complete, correct and current instructions so that a transfer or Bill Pay transaction can be processed;
  • If you do not authorize a Bill Pay transaction 10 days prior to the due date;
  • If a timely Bill Pay transaction is processed but the payee nevertheless does not credit your payment promptly after receipt;
  • If withdrawals from any Identified Accounts have been prohibited by a court order such as a garnishment or other legal process;
  • If we or our Service Provider reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed;
  • If Equipment and/or Software were not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or Bill Pay transaction;
  • If circumstances beyond our, or our Service Provider's, control prevent the processing of a transfer or Bill Pay transaction, despite reasonable precautions that we have taken. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters.

Electronic Funds Transfer Resolution

In case of errors or questions about Online Banking funds transfers, Bill Pay transactions, or other electronic transfers initiated from your Online Banking account(s), contact us immediately. You can telephone us at (304) 475-1900, or write us at Bank of Mingo, 10 Commerce Drive Williamson, WV 25661. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem appeared.

Tell us your name and account number (if any).

Describe the error or 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 (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 complaint 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 3 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.

Zelle

To enroll in Zelle, you must be enrolled in Bank of Mingo’s online banking and have an eligible checking account. Zelle payments can be made only to individuals within the United States.

How It Works

  • Access Zelle through your mobile app.
  • Once you enroll, all you need to send money with Zelle is the preferred email address or mobile number of the trusted recipient.
  • Enter the amount you want to send. If your recipient is already enrolled with Zelle, the money will go directly into their bank account, typically in minutes. If they aren’t enrolled yet, they will get a notification explaining how to receive the money simply and quickly.

Disclosure of Account Information

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

When necessary for verifying or completing payments or transfers, or to resolve a problem related to a payment or transfer;
To verify the existence and status of your account for a third party such as a credit bureau or merchant;
At Bank of Mingo’s discretion, to any of our subsidiaries or affiliates;
If you give us your written (including electronic message) permission; or
As otherwise permitted or required in Bank of Mingo’s Deposit Agreement and Disclosures or other applicable agreements, or by law or government regulations.

Important Note for Account Holders

The loss, theft or unauthorized use of your Access ID or your password could cause you to lose all of the money in your account, plus any amount available under your overdraft protection. By use of Online Banking for an Identified Account you are to assume all risks and losses associated with the disclosure of your Access ID or password to other persons.

Liability for Loss or Erroneous Data

Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.

Changes /Interruptions in Online Banking/Bill Pay

System maintenance may be performed on a regular basis that could result in interrupted service or errors. We also may need to change the scope of Online Banking from time to time. We will attempt to provide prior notice of such interruptions and changes, but cannot guarantee that such notice will be provided.

Harm to Computer Systems/Date

You agree that our liability for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site shall be limited to the reasonable cost of replacing the lost software or other materials. We will not be responsible or liable for any indirect, incidental or consequential damages, which may result from such harmful components.

We suggest that you routinely scan your PC using a reliable virus product to detect and remove any viruses found. An undetected or unrepaired virus may corrupt and destroy your programs, files and even your hardware.

Links to Other Websites

Links to third party websites on the Site are provided solely as a feature to you. Bank of Mingo has no control over such sites, and does not endorse or make any representations about them, or any information, products or materials found therein or any results that may be obtained from them. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms and other items of a destructive nature. You acknowledge and agree that Bank of Mingo bears no responsibility for the availability of, authenticity of, context, advertising, products, or other materials on or available from such sites. If you decide to access such sites, you do so entirely at your own risk.

Release and Indemnification

We acknowledge that (1) all loan and deposit accounts maintained by you under the same group of Identified Accounts may be accessed by anyone who has that access ID and password unless the account is blocked from Online Banking, (2) that, if the signers on deposit accounts accessible through Online Banking are different, anyone having access can transfer money from one account to another and access such money from any account on which such person is an authorized signer, and (3) anyone having access to your Identified Accounts can make transfers from that account even though such person is not an authorized signer on such account. By your use of the Online Banking product, you agree to release us from any and all liability for the use of Online Banking as described above, whether or not such use is authorized, and to hold us harmless from and indemnify us against any loss or damage, including attorney's fees arising from such use. Further and in no event will we, or any of our officers, directors, employees, or agents be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use Online Banking, or for any loss of any data, even if we have been informed of the possibility of such damages.

WE MAKE NO WARRANTY TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

Sharing Information/Privacy

Certain account and transaction information is shared with the Online Banking and Bill Pay service providers. No other outside party receives this information with the exception of credit reporting agencies.

Security

In order to maintain secure communications and reduce fraud, you agree to protect the security of your Access ID and password or other means of identification. We reserve the right to block access to Online Banking to maintain or restore security to our website and systems, if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s).

Severability

If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.

Governing Law

This Agreement shall be governed by and interpreted under West Virginia and federal laws.

No Signature Required

When any payment or other online service generates items to be charged to your account, you agree that we may debit your designated Identified Account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you.

Amendment of this Agreement

We may amend this agreement (including changes in its fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, provided however any change or amendment required by law or applicable regulation shall be effective sooner than the 30 day period if required by such law or regulation. Your continued use of Online Banking is your agreement to the amendment(s).

Waiver

We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.

Assignment

We may assign the rights and delegate the duties under this Agreement to a company affiliated with us or to any other party.

Termination

You may terminate your use of On-line Banking at any time by calling us at ( 304-475-1900), by visiting one of our branches, or writing to us at Bank of Mingo, 10 Commerce Drive Williamson, WV 25661. You must notify us within ten days prior to the date you wish to have your service terminated. We may require you to put your request in writing. If you have scheduled payments within this ten day period, you are required to cancel those payments. You will be responsible for payments within transaction dates during the ten days following our receipt of your written notice of termination if you do not cancel those payments.

We may terminate your access to On-line Banking, in whole or in part, at any time without notice, if you do not comply with the terms of this Agreement, or the agreements governing your accounts, or if we believe that you have handled your accounts in a fraudulent manner. We may also terminate your access to On-line banking for any other reason by giving you twenty days’ notice. Termination will not affect your liability under this Agreement for transactions that we have processed on your behalf.

Entire Agreement

This Agreement is the entire agreement between you and us and it supersedes any marketing or other similar material pertaining to Online Banking delivered to you in writing, verbally or obtained at our site or the site of an Internet Service Provider. Additionally, this website should not be relied upon for, legal, accounting, financial or tax advice.

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FDIC and Equal Housing Lender