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American State Bank and Trust
Bill Payment Disclosure

Disclosures

NetConnect Internet Banking Agreement
Bill Payment Disclosure
Business Banking Disclosure
CD/IRA Disclosures
Personal Banking Disclosure



NetConnect Bill Payment - Member FDIC

This Bill Payment Agreement and Disclosure (the "Agreement") explains the terms and conditions under which the American State Bank & Trust Company’s on-line bill payment services ("Services") are provided.

Section 1. Definition of Terms
As used in this Agreement, the terms "we," "us" and "our" refer to the American State Bank & Trust Company of Williston, North Dakota. The words "you" and "your" refer to the person(s) named as applicants on the application or enrollment form for the Services, or whoever actually uses the Services. The term "Business Day" means Monday through Friday, excluding Saturday, Sunday and federal holidays. The term “Payee” means the person, business or entity to which you wish a bill payment to be directed. “Payment Instruction” means the information provided by you to us for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and the Payment due date). “Payment Date” is the date that a scheduled payment is to be issued for a particular payee, assuming that the payment has been properly scheduled before the Cutoff Time for that day. “Cutoff time” means 12:00 Noon Central Time (CST) on any Business Day and is the time by which you must transmit Payment Instructions in order to have them considered entered on that particular Business Day.

These terms are in addition to the terms and conditions included in the American State Bank & Trust Company’s initial account agreement and disclosures, the NetConnect Internet Banking agreement and disclosures as well as any other agreements or disclosures you have been provided governing the banking products and services you may have with us, collectively referred to as "Bank Documents". These "Bank Documents" may have been, as well as may continue to be, modified from time to time. Your initial and ongoing use of American State Bank & Trust Company’s Bill Payment Services constitutes your acceptance and agreement to be bound by all of the terms and conditions of this Agreement and any other Bank Documents related to its use. You also agree that we may provide future notices and disclosures to you electronically.

Section 2. General Services
The Services covered by this Agreement are those that we make available to you through Bill Payment and NetConnect, our Internet Banking Service. The installation, maintenance, operation and use of the computer, related equipment (for example, modem, telephone and other telecommunications equipment) and software you use for Bill Payment are your responsibility. Except as specifically provided in this agreement, or to the extent applicable law requires a different standard, we will not be responsible for any liability, loss, injury or damage (whether direct, indirect, special, consequential or punitive) in any way arising out of (a) any failure or malfunction of, or any compromise of data sent to us using any telephone, internet access or other service you use to connect to NetConnect, (b) any virus or similar problem resulting from the use of NetConnect, or (c) any error in the installation, maintenance, operation or use, or any configuration problem or incompatibility, of such computer, related equipment or software.

3. Bill Payment Services
Following your application and approval for use of American State Bank & Trust Company’s Bill Payment service, you may use Bill Payment to make one-time or recurring payments, for variable or fixed amounts, to third parties which are included on your payee list. The payee of any payment to be made from your account and ordered through Bill Payment (i) must be located in the United States, and (ii) cannot be a party that we regard as ineligible for payment through Bill Payment. You are responsible for ensuring the accuracy of the information on your payee list. Any changes to the payee list must be made far enough in advance to account for any pending and/or future payments.

Any payment from your payment account made through Bill Payment will be made by either a check or an electronic transfer of funds to the payee. The remittance (i.e. payer’s) name shown for each payment will be the name pertaining to the person or entity whose NetConnect ID was used at the time of the issuance of that transaction’s Payment Instructions.
Electronic Bill Payment transactions will be deducted from your account on the Payment Date you specify, assuming you have sufficient funds available in your account. If the payee is to be paid electronically, you understand and agree that the payee may not receive the payment until 1 to 4 business days after the date the payment is sent. Bill Payment transactions paid by check will not be deducted from your account on the Payment Date you specify. Instead, these types of transactions will use the Payment Date you specify to issue and mail a check drawn on your payment account. It will be your responsibility to insure that there are sufficient funds available in your account when the check is subsequently presented for payment. You understand and agree that since these paper checks are mailed to the payee, the payee may therefore not receive the payment until approximately 1 to 8 business days after the date the payment is sent.

You must make your payment request and select a payment date with enough time in advance so that your payment will be delivered by its due date. We are not responsible for any late payments unless we fail to mail or initiate the payment process within four business days of the selected Payment Date and that delay causes you a loss. In those instances in which we are deemed to be responsible for a late payment, we will bear responsibility for late charges, up to a maximum of $50.00 per scheduled payment per Payee. However, regardless of whether a payment is made electronically or by check, 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 post a payment in a proper or timely manner to your account. In short, we will use our best efforts to make all of your payments properly and in a timely manner. However, we shall incur no liability if we are unable to complete any payment requests initiated by you through our Bill Payment service due to any of the following: 1) if, through no fault of ours, your Bill Payment deposit account does not contain sufficient funds to complete the transaction when payment is due; 2) the Bill Payment and/or NetConnect services are not working properly, and you know (or have been advised by us) about the problem before you attempt to execute the transaction; 3) the Payee mishandles or delays a payment sent by us; 4) you have provided us with incorrect or incomplete Payee information and/or Payment Instructions, or with inaccurate or incomplete personal or account information at the time of application for the Services; or 5) circumstances beyond our control prevent the proper execution of the transaction (such as, but not limited to, fire, flood, or interference from an outside force).

Provided none of the above exceptions and exclusions are applicable, if we cause an incorrect amount of funds to be removed from your Bill Payment deposit account or cause funds from your account to be directed to someone or somewhere that does not match your exact Payment Instructions, we shall be responsible for returning the improperly transferred funds to the account it was taken from, and for directing—or attempting to direct—to the proper Payee any previously misdirected transactions. We will strive to make any error corrections necessary as soon as possible after we are made aware of such errors. In the case of transactions that may not be able to be directed to the proper Payee in a timely manner, we will return the funds to your Bill Payment deposit account and use our best efforts to notify you of our inability to properly complete the payment request. Notwithstanding, in all cases our liability for any late payments is limited to the terms and amounts previously stated in this agreement.

Section 4. Bill Payment Limitations/Provisions
The following limitations apply to transactions ordered through Bill Payment: a. No payment from an account can be ordered through Bill Payment if you do not have an unrestricted right to withdraw funds from the account (for example, if 2 or more persons are required to sign a check written on the account or withdrawal form for the account). b. Any payment from your bill payment account ordered through Bill Payment will be subject to the funds being available for withdrawal from the account when the electronic payment is processed or the paper check is presented for payment against the account. Notwithstanding anything to the contrary, failure to maintain adequate available funds may result in the cancellation of any or all of your NetConnect and/or Bill Payment Services. c. If, when any order to us to make a payment from any of your deposit accounts given through Bill Payment is to be charged against the account, the amount of the payment exceeds the amount of money available for withdrawal from the account, we can either (i) authorize payment to be made, in which case you will be liable for the excess, or (ii) refuse to authorize the payment. In either case, you will be liable for any fee applicable to the withdrawal or attempted withdrawal of money from the account, even if that fee is in excess of the amount of money available for withdrawal from the account. d. Payments from your account ordered through Bill Payment may be subject to minimum and maximum amount limits that the American State Bank & Trust Company may establish for Bill Payment transactions. e. For reasons of security, we can --at any time, and without giving you any notice that we are going to do so-- refuse to honor any order to us to make a payment from your bill payment account given through Bill Payment. For example, we can do so if, for reasons of security, we believe that it is advisable to limit the dollar amount or frequency of payments from your bill payment account ordered through Bill Payment. f. We can --at any time, and without giving you any notice that we are going to do so-- refuse to honor any order to us given through Bill Payment if the order reasonably appears to us to be a duplication of another payment, fraudulent or erroneous. However, we have no obligation to determine, before honoring an order given through Bill Payment, whether the order is a duplication, fraudulent or erroneous.

Section 5. Modification or Cancellation of a Bill Payment
To modify or cancel a bill payment that you have scheduled and is still pending, you must edit or delete the payment before the Cutoff Time on the date the payment is scheduled for payment. You can accomplish this from the “View Scheduled Payments” screen. In order to determine if a certain payment can still be modified or cancelled after it has been issued or mailed, you must speak with a Customer Service Representative as soon as possible at (701) 774-4100. In most instances, changes or stop payments cannot be done to an electronic payment that has already been processed. However, all modification and stop payment requests will be handled in accordance with the American State Bank & Trust Company’s procedures and guidelines for processing such requests.

Section 6. Customer Support
Although e-mail service is available for our Internet Banking customers, we strongly recommend that NetConnect and/or Bill Payment be used whenever possible for conducting transactions, payments and other account-related requests for information. E-mail should only be used for general communications. In order to best meet your urgent needs for time-sensitive information pertaining to transactions, transfers from your accounts, stop payment requests, or to report lost or stolen credit cards, ATM cards or debit cards, please contact our Customer Service Department at (701) 774-4100. Telephone calls placed or received outside of the hours of 9:00 a.m. through 5:00 p.m. on Business Days will be handled as soon as possible on the following Business Day.

Section 7. Enrollment
If two people hold a joint checking account, there are two ways to enroll for NetConnect and Bill Payment Services. Both account holders may enroll separately and each will have his/her own password, NetConnect Agreement and ID, and Bill Payment agreement. Each such joint account holder would then be subject to separate Bill Payment and/or Internet Banking Service fees, as applicable. Alternately, one holder of a joint account can enroll for NetConnect and Bill Payment Services with one password issued, and will only be subject to fees for one person.

Section 8. Fees
The American State Bank & Trust Company’s monthly Bill Payment fee covers service for the statement period in which the fee is assessed. Fees will be charged to your American State Bank & Trust Company deposit account, whether established now or in the future, in accordance with the fee schedule that is in effect at the time of that statement. Monthly fees and other related service fees may be assessed whether or not bill payments are made during a particular statement period. If the fees cannot be paid, we may cancel Bill Payment. After cancellation, Bill Payment may be reinstated at American State Bank & Trust Company’s discretion once all fees have been covered through your designated payment account.

Accordingly, you agree to be responsible for paying any fees associated with the use of NetConnect and Bill Payment Services, as well as any additional fees that may be assessed by your Internet Service Provider. In addition, you are responsible for any telephone charges or fees incurred by accessing American State Bank & Trust Company’s Internet Banking services. Fees imposed by American State Bank & Trust Company will show on your monthly bank statement.

Section 9. Transaction Authorization
American State Bank & Trust Company is entitled to act on instructions received through NetConnect under your password and without inquiring into the identity of the person using that password. DO NOT DISCLOSE YOUR PASSWORD under any circumstances to anyone, either by telephone or other means, including anyone claiming to represent the Bank or a bank-related agency or entity. American State Bank & Trust Company’s employees do not need to know and should not ask for your password. You are liable for all transactions made or authorized using your password. If you give your password to anyone, you do so at your own risk. Anyone to whom you give your NetConnect password or other means of access will have full access to your accounts, including access to your Bill Payment functionality, even if you attempt to limit that person''s authority. You must notify the Bank to disable your password if you become aware that your password has been lost, stolen or otherwise compromised and that it should not be honored.

You are liable for all transactions that you (or if you are using a joint account, any of you) make or authorize, even if a person you authorized exceeds your authority. You hereby release American State Bank & Trust Company from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account(s) and/or you have given your password to such person, or, in the case of a jointly held account, such person is one of the owners of the account. You agree to indemnify American State Bank & Trust Company and hold it harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.

Section 10. Agreement Modification / Termination
American State Bank & Trust Company reserves the right to suspend or terminate Services at our discretion, in whole or in part, at any time without prior notice. American State Bank & Trust Company also has the right to modify the terms of this agreement and related fees at any time, including termination of this agreement. We will comply with any notice requirements under applicable law for such changes or termination. If we modify this Agreement, your continued use of our Internet Banking Services and Products will constitute your acceptance of such changes in each instance. If we terminate this Agreement, no further NetConnect transfers or Bill Payment bill payments will be made, including but not limited to any payments or transfers scheduled in advance or any preauthorized recurring payments or transfers.

Section 11. More Information
For more information on your rights and responsibilities regarding Electronic Fund Transfers, please refer to the copy of the Electronic Fund Transfers disclosure that was provided to you at the time of, or subsequent to, your deposit account opening. If you would like another copy of that disclosure, please contact Customer Service Representative.

Fees
The following fees will be billed and payable monthly for the Bill Payment services provided by American State Bank & Trust of Williston.

Bill Payment fees:

No maintenance fee.
No transaction fees.
No limitation of number of payments per month.
Bill payment will be deactivated if NetConnect has been inactive for three months.


 
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