Internet Banking Access
COpy
SUNFLOWER BANK N.A.
INTERNET BANKING ACCESS AGREEMENT & ENROLLMENT FORM
Access Request - The undersigned Internet Banking Customer ("CUSTOMER") hereby requests that
Sunflower Bank N.A. , a national banking association ("BANK"), permit Customer's access to the
accounts(s) listed on the Sunflower Bank Internet Banking Enrollment Form, which Customer owns and
maintains with Bank, via Bank's Internet Banking Web Site, to wit: www.sunflowerbank.com ("WEB
SITE").
Agreement - This Agreement, which includes the Fee Schedule and Enrollment Form, is a contract which
establishes the rules which cover your electronic access to your accounts at BANK through the Internet
Banking System ("SYSTEM"). By using SYSTEM, you accept all the terms and conditions of this
Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures
for each of your BANK accounts as well as your other agreements with BANK such as loans, continue to
apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to
applicable federal laws and the laws of the State of Kansas (except to the extent this Agreement can and
does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to
its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement
are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver
(express or implied) by either party of any default or breach of this Agreement must be in writing and shall
not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement.
This Agreement is binding upon your heirs and BANK's successors and assigns. Certain of the obligations
of the parties pursuant to this Agreement that by their nature would continue beyond the termination,
cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this
Agreement. This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire
agreement between you and BANK with respect to the subject matter hereof and there are no
understandings or agreements relative hereto which are not fully expressed herein.
Definitions - As used in this Agreement, the words "we", "our", "us" and "BANK" mean SUNFLOWER
BANK N.A. "You" and "your" and "CUSTOMER" and "COMPANY" refer to the accountholder
authorized by BANK to use SYSTEM under this Agreement and anyone else authorized by that
accountholder to exercise control over the accountholder's funds through SYSTEM. "Account" or
"accounts" means your accounts at BANK. "Electronic funds transfers" means A TM withdrawals,
preauthorized transactions, point of sale transactions and transfers to and from your BANK accounts using
SYSTEM including bill payments. "SYSTEM Services" means the services provided pursuant to this
Agreement, including the Bill Payment Service. "Business days" means Monday through Friday, not
including holidays.
Access - To use SYSTEM, you must have at least one checking account at BANK, access to Internet
service, and an e-mail address. SYSTEM can be used to access only the BANK accounts which you have
designated for access by SYSTEM in your Enrollment Form. You can add or delete any of your BANK
accounts from this Agreement by entering the change information in the "comment" field under CHANGE
OF ADDRESS. Access to your accounts through SYSTEM will be based upon the USER ID and authority
levels granted by your "SUPERVISOR". We undertake no obligation to monitor transactions through
SYSTEM to determine that they are made on behalf of the accountholder or that the USER has the
authority to initiate the transaction.
SYSTEM Services and Hours of Access - You can use SYSTEM to check the balance of your BANK
accounts, view BANK account histories, transfer funds between your BANK accounts, make stop payment
requests, view checks, change your address, and pay bills from your BANK accounts in the amounts and on
the dates you request if you have requested the Bill Payment Service on your Enrollment Form. Balance
and activity information are available as of the previous business day. You can use SYSTEM seven days a
week, twenty-four hours a day, although some or all SYSTEM services may not be available occasionally
due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of
non-availability on the SYSTEM WEB SITE.
USER IDs and passwords - The BANK will establish one USER ID on the system for the COMPANY to
be the "Supervisor". This USER ID has the responsibility and authority to control the security level of any
additional USERS the COMPANY may request. The BANK will establish additional "generic" USER IDs
for the COMPANY, but the COMPANY "Supervisor" controls each USERs access. It is understood that
the Bank will not be held liable for the security or account access granted to any USER by the COMPANY
for security purposes. Each USER is required to change their Password upon their initial login to SYSTEM.
You acknowledge and agree that Bank, in granting your request, shall issue to you an Initial Password to
facilitate your exclusive access to the WEB SITE as requested herein and said Initial Password shall be
kept absolutely confidential by you to ensure the WEB SITE access security to your accounts. Further, you
agree to change the Initial Password to a Password of your sole selection and choosing upon your initial
access to the WEB SITE, with such initial access by you to occur within 72 hours of your receipt of the
Initial Password by U.S. Mail. You determine what password you will use and the identity of your
password is not communicated to us. Neither Bank nor any of its representatives shall ever ask for your
Password. You agree that we are authorized to act on instructions received under your password. You
accept responsibility for the confidentiality and security of your password and agree to change your
password regularly. Upon three unsuccessful attempts to use your password, your access to SYSTEM will
be revoked for 24 hours. To re-establish your authorization to use SYSTEM, you must contact us to have
your password reset or to obtain a new temporary password.
Security - You understand the importance of your role in preventing misuse of your accounts through
SYSTEM and you agree to promptly examine your paper statement for each of your BANK accounts as
soon as you receive it. You agree to protect the confidentiality of your account and account number, and
your personal identification information, User IDs and passwords. You understand that you control, and
are solely responsible for, the access and authorities granted on the system to your employees. Your
password and login ID are intended to provide security against unauthorized entry and access to your
accounts. Data transferred via SYSTEM is encrypted in an effort to provide transmission security and
SYSTEM utilizes identification technology to verify that the sender and receiver of SYSTEM
transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the
SYSTEM is secure, you acknowledge that the Internet is inherently insecure and that all data transfers,
including electronic mail, occur openly on the Internet and potentially can be monitored and read by others.
We cannot and do not warrant that all data transfers utilizing BANK SYSTEM, or e-mail transmitted to and
from us, will not be monitored or read by others.
Fees and Charges - You agree to pay the fees and charges for your use of SYSTEM Services as set forth
in the current fee schedule. You agree that all such fees and charges will be deducted from the BANK
checking account designated as the "Primary Checking Account" on your Enrollment Form (First DDA
account listed). If you close your Primary Checking Account, you must contact us immediately to
designate another account as your Primary Checking Account. You agree to pay any additional reasonable
charges for services you request which are not covered by this Agreement. You are also responsible for
telephone and Internet service fees you incur in connection with your use of SYSTEM. The BASIC
COMMERCIAL SERVICE, which includes one USER ID is a monthly fee of $19.95. The BASIC
COMMERCIAL SERVICE includes unlimited account inquiry, activity history, check imaging, statement
access, stop pay requests, and recon export functions. The BASIC COMMERCIAL SERVICE with five
USER IDs is $29.95 monthly. Additional USER IDs (over 5) may be added at $3.00 per USER per month.
Additional services, including ACH, Bill Payment and WIRE TRANSFER REQUESTS, have a one-time
$10.00 set-up fee (each) and require additional agreements. Monthly fee for Bill Payment is $ .50 per item.
Account Balances and Posting of Transfers - Account balances at the close of the previous business day
and account transactions posted on the previous business day are normally available on the WEB SITE by
9:00AM each business day (excluding weekends and holidays). Additionally, presentment and memo
posted account transactions are normally updated and available on the WEB SITE at 11 :OOAM and 2:00PM
each business day. Although Bank agrees to use its best efforts to provide account information at these
times each business day, Bank does not guarantee that account information will be available according to
this schedule. Customer can always obtain current account information during business hours by contact
the Customer Support Center at (785) 826-22 or (888) 827-5564. Transfers initiated through SYSTEM
before 2:30PM. on a business day are posted to your account the same day. Transfers completed after
2:30PM on a business day, or anytime on a Saturday, Sunday or banking holiday, will be posted at the end
of the next business day. SYSTEM identifies transfers based upon the login ID of the user who made the
electronic transfer. Accordingly, you understand and acknowledge that the View Po stings screens in both
the Transfer and Bill Payer menu options of SYSTEM will not reflect transfers made by multiple users
from the same account if different login IDs are used. You agree to communicate with any other persons
with authorized access to your accounts concerning any transfers or bill payments from your accounts in
order to avoid overdrafts.
Overdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient
funds to perform all electronic fund transfers you have requested for a given business day, then:
a. Electronic funds transfers involving currency disbursements, like A TM withdrawals, will have
priority;
b. Electronic fund transfers initiated through SYSTEM which would result in an overdraft of your
account may, at our discretion, be cancelled, including bill payments;
c. In the event the electronic fund transfers initiated through SYSTEM which would result in an
overdraft of your account are not cancelled, including bill payments, overdraft charges may be assessed
pursuant to the terms of the deposit agreement for that account. Customer shall pay overdrafts which occur
from herein contemplated events, if any, upon demand.
Limits on Amounts and Frequency of SYSTEM Transactions - The number of transfers from BANK
accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit
agreement and disclosure for those accounts. If an uncollected funds hold has been placed on deposits made to
an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold
expires.
SYSTEM Bill Payment Service - You must designate the BANK account from which the payments are to be
made; the complete name of the payee, the account number, and the payee's remittance address, all exactly as
shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be
debited from your account. [fthe date you want the payment to be debited from your account is not a business
day, your account will be debited the next business day before 2:30PM. By using the SYSTEM Bill Payment
Service option, you agree that, based upon instructions received under your password, we can charge your
designated account by electronic transfer, "no signature required draft", or by debiting and remitting funds on
your behalf. You also agree that your first SYSTEM bill payment will be charged to your Primary Checking
Account. We reserve the right to refuse to pay any payee designated by you. Ifwe do so, we will notify you
promptly.
Scheduling SYSTEM Payments - If the payee is to be paid by paper check (as indicated on the Bill Payer list),
you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment
until 5 to 8 business days after the date the payment is debited from your account. If the payee is to be paid
electronically (as indicated on the Bill Payer list), you understand and agree that the payee may not receive the
payment until 72 hours after the date the payment is debited from your account. You understand and agree that
we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a
third party such as the failure of the bill payment payee to properly post a payment to your account.
SYSTEM Bill Payments - [f a bill payment request "rejects" due to incorrect information (i.e. wrong account
number), Sunflower Bank will receive notification of the rejected item on the business day following the day
your account was debited. However, your account will not be recredited for the rejected item until the business
day following notification to us. You may resubmit the payment at that time. You accept responsibility to
correct the vendor information before resubmitting the rejected bill payment.
How to Cancel a SYSTEM Bill Payment - To cancel a bill payment that you have scheduled through
SYSTEM, you must cancel the payment online via SYSTEM (by following the on screen instructions) before
2:30PM. on the date the payment is scheduled to be debited from your account. Once the bill payment has been
debited from your account, you CANNOT cancel or stop a bill payment.
Stop-Payment Requests - Stopping the payment of a check is different from the cancellation of a bill payment.
You may initiate stop-payment requests online via SYSTEM only for paper checks you have written (non-
electronically) on your BANK accounts (not SYSTEM bill payer paper drafts.) Online stop-payment requests
are retrieved and processed throughout the business day. However, Sunflower Bank requires a reasonable time
to act upon such e-mail requests. If you require immediate action regarding a stop payment request, you
must call our Customer Support Center at (785) 826-2295 or (888) 827-5564. To be effective, this type of
stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date
of the check. If you make your stop-payment request online or by telephone, we may also require you to put
your request in the form of a paper writing and get it to us within 14 days after you call. You will incur stop-
payment charges as disclosed in the current fee schedule for the applicable account.
Disclosure of Account Information and Transfers - As a diversified financial services company,
SUNFLOWER BANK N.A. has a separate bank subsidiary which is an insurance agency. Information held by
one SUNFLOWER BANK N.A. entity is available to other SUNFLOWER BANK N.A. affiliates for authorized
purposes. Information about your accounts or the transfers you make may also be automatically disclosed to
other parties. For example, tax laws require disclosure to the government of the amount of interest you earn, and
some transactions, such as large currency and foreign transactions, must be reported to the government. We may
also provide information about your accounts to persons or companies we believe would use the information for
reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a
credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit
bureaus when accounts are closed because they were not handled properly. We may also seek information about
you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in
connection with approving your access to SYSTEM. You agree and hereby authorize all of these transfers of
information.
Periodic Statements - You will not receive a separate SYSTEM statement. Transfers to and from your
accounts using SYSTEM will appear on the respective periodic paper statements for your BANK accounts.
Change in Terms - We may change any term of this Agreement at any time. If the change would result in
increased fees for any SYSTEM service, increased liability for you, fewer types of available electronic fund
transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at
least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain
the security of an account or our electronic fund transfer system. We will post any required notice of the change
in terms on the BANK SYSTEM WEB SITE or forward it to you bye-mail or by postal mail.
Disclaimer of Warranty and Limitation of Liability - We make no express warranty of any kind, in
connection with the SYSTEM Services provided to you under this Agreement. We do not and cannot warrant
that 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 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, in no event shall the liability of
BANK and its affiliates exceed the amounts paid by you for the services provided to you through SYSTEM.
Your Right to Terminate - You may cancel your SYSTEM service at any time by providing us with written
notice by postal mail or fax. Your access to SYSTEM will be suspended within 3 business days of our receipt of
your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred
prior to the date of cancellation.
Our Right to Terminate - You agree that we can terminate or limit your access to SYSTEM Services for
any of the following reasons:
I. Without prior notice, if you have insufficient funds in anyone of your BANK. accounts. SYSTEM
service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees,
pending transfers, and debits.
2. Upon 3 business days notice, if you do not contact us to designate a new Primary Checking
Account immediately after you close your Primary Checking Account.
3. Upon reasonable notice, for any other reason in our sole discretion.
Communications between BANK and You - Unless this Agreement provides otherwise, you can communicate
with us in anyone of the following ways:
E-mail: You can contact us bye-mail atSunNet@sunflowerbank.com (Please note that banking transactions
through SYSTEM are not made via e-mail.)
Telephone: You can contact us by telephone at (785) 826-2295 or (888) 827-5564
Postal Mail: You can write to us at: SUNFLOWER BANK N.A. ,P.O. Box 800, Salina, KS 67402-0800
In Person: You may visit us in person at anyone of our branch locations: See the "Contact Us" screen on our
web page for a detailed listing.
Consent to Electronic Delivery of Notices - You agree that any notice or other type of communication
provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including
electronic fund transfer disclosures, may be made electronically by posting the notice on the BANK SYSTEM
WEB SITE or bye-mail. You agree to notify us immediately of any change in your e-mail address.
The Internet Banking System is a trademark ofQ-UP Systems. (All other Brand and product names are
trademarks or registered trademarks of their respective owners). Features and services availability are subject to
change without notice.
Company Name:
City of Salina
Authorized signature:
Date:_September 13,2000_
COMMERCIAL ON-LINE BANKING ENROLLMENT
Name: _City of Salina
Signature:
-~~p
/
48-6017228
Address: _300 W. Ash P.O. Box 736
TIN/SSN:
City: _Salina
State: _KS_ Zip: _67402_ Phone: _785-826-7240
Email Address: rod.franz@salina.org or penny.day@salina.org
Primary Contact for Accounts: _Rod Franz
ADDITIONAL MODULES DESIRED
o Direct deposit I Collections
o ACH Payment I Receipts
o Wire Transfers
o Corporate Bill Payment
ACCOUNT INFORMATION
Account Number
Description (or Title)
Type **
102187275 _City of Salina
PRIMARY CHECKING ACCOUNT
CH
** Type: CH = checking MMDA = Money Market SA V = Savings LOC = Line-or-Credit Loan AM LN = Amortized Loan
A Corporate Resolution and a signed Disclosure must accompany completed enrollment.
Signed ACH Origination Agreement and Wire Transfer Agreement are also required to
access those services.
WIRE TRANSFER SERVICES AGREEMENT
City of Salina
Company Name ("Customer")
Sunflower Bank, N.A.
300 W. Ash P.o. Box 736
Company Address
P.O. Box 800
Salina, KS 67402-0736
City, State, Zip Code
Salina, Kansas 67402-0800
The following terms and conditions shall apply to the use of the wire transfer services provided to
Customer by Sunflower Bank, N.A. ("Bank").
1. Wire Transfer Requests (Outgoing funds)
Bank maintains a wire transfer system pursuant to which Bank shall initiate and receive funds
transfers via Fed Line (Federal Reserve Bank). In order to comply with Federal Regulations,
the use of a completed "Sunflower Bank Wire Transfer Form" is required to request a wire
transfer. The completed form must be presented to a Sunflower Bank employee either in person
or by fax. A Sunflower Bank employee must verify available funds before the wire transfer can be
transmitted. Wire transfer requests received via "SunLine" or "SunNet" do constitute an official
form and are received and funds verified by a Bank employee before they are forwarded to the
Wire Transfer Department. Whether the request is received electronically, by fax or in person, the
form must be completed and funds available for the wire to be processed.
Customer initiating any wire transfer request shall be responsible for providing all necessary
information prescribed by Bank. Customer understands that incorrect information provided
on the "Sunflower Bank Wire Transfer Request" form may result in a transfer being returned or
funds being transferred to an unintended destination. Customer agrees that Bank shall not be
liable to Customer for any information provided by Customer which is inaccurate, incomplete or
otherwise incorrect.
Transfers affected by Bank in accordance with this agreement shall be subject to the rules,
regulations or by-laws governing the wire transfer network utilized by Bank. Bank reserves the
unrestricted right to decline to process or delay the processing of any Wire Transfer: (a) which is
in excess of the collected funds balance in the account of Customer to be charged as of initiation
of such Transfer; (b) if initiating the Wire Transfer would cause Bank, in Bank's sole discretion, to
exceed any volume, aggregate dollar, or similar limits upon wire transfer which are applicable to
Bank; or (c) if Bank, in good faith is unable to satisfy itself that the transaction has been properly
authorized by Customer. Bank shall incur no liability to Customer caused by the delay in
processing a Wire Transfer.
2. Notification
It is not the policy or practice of Bank to notify Customer of the receipt of an incoming wire
transfer. However, there are some exceptions. Premier Cash Management, Correspondent Banks
and incoming wires $3000.00 and above are notified either by telephone or mail. Incoming wire
transfers are posted online at the time of receipt to the account designated on the wire. Account
balances may be checked to verify receipt of a wire transfer by utilizing "SunNet", "Check-lt"(1-
800-552-2432}, or the call center (1-888-827-5564). "Pay upon proper 10" wires are online posted
to an internal account. Receipt of the funds must be in person after proper 10 has been verified.
09/13/2000
3. Fees
Customer agrees to pay Bank all fees when due for the services provided Customer hereunder
pursuant to it's normal fee schedule, which fee schedule may be modified without notice to
Customer.
4. Processing Hours
9:30 AM - 3:00 PM Central Standard Time
Wire requests received after 3:00 PM will be processed by 9:30 AM the next banking day.
Incoming wires will be posted until 5:00 PM daily.
5. Security Procedures
It is the policy of Sunflower Bank to receive all wire transfer requests either electronically via
"Sun Line" or on the "Sunflower Bank Wire Transfer Request" form. Forms completed in person at
a Sunflower Bank location must be signed by the account holder with proper ID provided and
funds verified by a Sunflower Bank employee before being forwarded to the Wire Transfer
Department. Telephone requests must have a Sunflower Bank employee complete the transfer
form. The employee will verify the identification of the caller by asking account related questions.
The employee will also verify the collected funds in the account. A Bank Officer is required to sign
the form in place of the account holder.
If the Customer is a Premier Cash Management or a Correspondent Bank customer, this
Agreement must be signed by an authorized representative of the Customer as well as by the
Customer's employees who are authorized to initiate wire transfer requests.
Premier Cash Management customers must complete and fax a "Sunflower Bank Wire Transfer
Request" form to 785-826-2289. Commercial Support staff will verify funds and signatures. They
will then forward the request form to the Wire Transfer Department.
Correspondent Bank Customers telephone their wire transfer requests to the Correspondent
Support staff. Sunflower Bank distributes daily passwords to each Correspondent Bank
Customer quarterly. It is the responsibility of the Correspondent Bank to distribute those
passwords only to those employees authorized to initiate wire transfer requests. Correspondent
Support staff will require the correct password before completing the appropriate form and
forwarding it to the Wire Transfer Department. It is not the responsibility of Bank to monitor
any dollar limitations or specified applications assigned to Customer's employees by the
Customer. Correspondent Support staff will verify the availability of collected funds and require the
correct password.
5. Limitation of Liability; Indemnity
Customer agrees that Bank's responsibility to Customer under this Agreement shall be limited to
the exercise of ordinary care. It is not the responsibility of Bank to monitor dollar limitations of
Customer employees initiating wire transfers; only to verify that the signature is that of an
authorized signer as specified in this Agreement.
Bank shall not be responsible for any expense, claim, loss or damage except that which arises out
of its negligent acts committed by any of its employees in the performance of the service(s} under
this Agreement. In no event shall Bank be liable for an attorneys' fees or for any special,
incidental, consequential or exemplary damages, including, but not limited to, lost profits. from any
cause whatsoever arising out of, or in any way connected with this Agreement. Customer
expressly agrees with Bank that Bank shall be deemed to have acted without negligence in
performing under this Agreement if Bank has complied with Bank's policy and procedures.
Provided Bank shall have exercised ordinary care in the performance of its obligations under this
Agreement, Customer agrees to indemnify and hold Bank harmless from and against any and all
09/13/2000
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6. Force Majeure
Notwithstanding any other provisions of this Agreement to the contrary, Bank shall not be liable for
its failure to act upon or delay acting upon, or default in performance of any obligation which
failure of delay results from interruptions of Bank's business due to equipment failure or
malfunction, failure in common communication carrier, energy shortage, act of God, act of
government authority, act of public enemy or war or riot, flood, civil commotion, labor difficulty,
severe or adverse weather condition, or without limiting the generality of the foregoing other
causes beyond Bank's control.
If Customer is a corporation, Customer represents, warrants to, and covenants with Bank that the
execution and delivery of this Agreement has been authorized by resolutions heretofore adopted
by its Board of Directors and, as applicable, it's shareholders in accordance with law and its
articles or bylaws, that said resolutions have not been amended or rescinded and are in full force
and effect, and that the officers executing and delivering this Agreement for and on behalf of
Customer, are duly authorized so to act. Bank, in accepting this Agreement, is expressly acting
and relying upon the aforesaid representations and warranties.
CUSTOMER_City of Salina
(Company or Bank name)
By:
RO;;;f~ 7
(Print Name)
Signature:
Title:_Director of Finance
DATE:_September 13, 2000_
If corporation, signature shall be attested.
Attested By:
Secretary
SUNFLOWER BANK, N.A.
By: Jo A. Headley
Signature:
Title:_Assistant Vice President, Electronic Services_ DATE:
9/13/00
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