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Manhattan Bank

Mobile Banking Agreement


This Mobile Banking Agreement (“Agreement”) between you and Manhattan Bank contains the terms
and conditions governing your use of the Mobile Banking services that Manhattan Bank (“us” or “we”)
may provide to you. “Customer”, “you”, and “your” refer to each person and organization or legal entity
that enrolls in the Service and each person authorized to use a Netteller log‐in ID and password.  Other
agreements you have entered into with Manhattan Bank, including without limitation, the Netteller
Authorization Agreement, Bill Pay Service Agreement, Mobile Deposit Agreement and the Deposit
Account Agreement and Disclosure, are incorporated herein by reference. Except as modified by this
Agreement, all terms and conditions in the Manhattan Bank Netteller Authorization Agreement and Bill
Pay Service Agreement remain in full force and effect. If there is a conflict with the Manhattan Bank
Netteller Authorization Agreement, and Bill Pay Service Agreement (the “Agreement”) and this
Agreement, this Agreement shall control.  

To access Mobile Banking you must be a Manhattan Bank customer and a Netteller customer. Netteller
is our online banking product. If you are not a Netteller user, you should first enroll by visiting the bank’s
website and by clicking on:  Applications, Online Banking, click on the Netteller
Application, print, sign and return the application to any of our locations.

By clicking the “I Agree” button, or by your use of the service, you agree to all the terms, conditions, and
notices contained or referenced in this Agreement. All references to time in this Agreement refer to
Mountain Time. Access to, and use of, the Mobile Banking Service is subject to all applicable federal,
state, and local laws and regulations.

  1.  Services. The Mobile Banking Services (“Services”) are designed to allow you to view activity,
    transfer money, and pay bills via Manhattan Bank Bill Pay via an application or mobile website
    (the “App”) installed on your supported mobile device.  The App is considered part of the
    Service. Use of the Service requires a web‐enabled mobile phone or device whose network
    allows secure SSL traffic and supports WAP browsers. Mobile Deposit Services are made
    available to Manhattan Bank customers at the sole discretion of Manhattan Bank and may not
    be available to all Manhattan Bank customers.  
    a. SMS Texting Service. The “SMS Texting Service” is limited to making balance inquiries,
    viewing transaction history, and viewing alerts via text messages. Text messages are
    sent to you without being encrypted, so you assume all the risk associated with third‐
    party interception. Be aware that message and data rates may apply.
    b. Transfers. The Service allows you to transfer money between your Manhattan Bank
    Accounts. You must select the Accounts to and from which funds will be transferred
    through the use of the Service. Limitations may apply to such transfers.  
    c. Bill Pay. If you have signed up for the Netteller Bill Pay Service, the Service allows you to
    pay bills to third parties. A new payee cannot be setup through the Mobile Banking and
    must be setup through the use of the Netteller Bill Pay Service on a computer.  
    d. Alerts. If you have established Netteller Online Banking alerts, you may review the alerts
    through the Service. New alerts cannot be setup using the Service and must be setup
    through the use of Netteller Online Banking.
    e. Mobile Deposit. If you have signed up for, and been approved for, the Mobile Deposit
    Service, you will be allowed to deposit checks to accounts with your Mobile Device.
    Some restrictions apply. See and agree to the Mobile Deposit Agreement for details.
    f. New Services. From time to time, we may develop additional features that will become
    part of the Mobile Banking Service. As such features are developed, you will have the
    opportunity to add them to your Mobile Banking Service, provided you have compatible
    hardware and software and meet any other eligibility requirements.
  2. Eligibility and Registration. To use the Service, you must have an open account with Manhattan
    Bank, register for Netteller Online Banking, and have a compatible Mobile Device.  
  3. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this
    Agreement. This Agreement is subject to change from time to time. We will notify you of any
    material change via one or more of the following methods: an alert when you sign in to Service,
    email, text message,  a link on our website to the revised Agreement or by an online
    secure message. Your continued use of the Services will indicate your consent to be bound by
    the revised Agreement. Further, Manhattan Bank reserves the right, in its sole discretion, to
    change, modify, add, or remove portions from the Services. Your continued use of the Services
    will indicate your acceptance of any such changes to the Services. We reserve the right to deny
    you access to the Service (or any part thereof) if we believe that any loss, theft or unauthorized
    use of Access Information has occurred.
  4. Equipment/Data Service. To use the Service, you must obtain and maintain, at your expense, a
    supported mobile device with compatible hardware and software as specified by Manhattan
    Bank from time to time and suitable data service. We do not guarantee that your particular
    mobile device, mobile device camera, other image devices, mobile device operating system,
    mobile carrier, or data service will be compatible with the Service. Manhattan Bank is not
    responsible for any third party software you may need to use the Services. Any such software is
    accepted by you as is and is subject to the terms and conditions of the software agreement you
    enter into directly with the third party software provider at time of download and installation.
  5. Limitations. When using the Service, you may experience technical or other difficulties. We do
    not assume responsibility for any such difficulties or any resulting damages that you may incur.
    For security reasons, the Service has qualification requirements, and we reserve the right to
    change the qualifications at any time without prior notice. We reserve the right to change,
    suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in
    part, immediately and at any time without prior notice to you. We reserve the right to limit the
    number of Mobile Devices through which you may access the Service.
  6. Security of Your Mobile Device and Account Information. You are responsible:  
    a. to maintain the confidentiality and security of your Mobile Devices, access number(s),
    password(s), security questions(s) and answer(s), account number(s), login information,
    and any other security or access information, used by you to access the Service
    (collectively, “Access Information”).
    b. to prevent unauthorized access to or use of information, files or data that you store,
    transmit or use in or with the Service (collectively, “Account Information”).  
    c. not to supply your Access Information to anyone.  
    d. for all electronic communications, including image transmissions, email and other data
    (“Communications”) entered using the Access Information. Any Communications
    received through the use of the Access Information will be deemed to be sent or
    authorized by you.  
    e. to immediately notify us if you become aware of any loss, theft or unauthorized use of
    any Access Information, including your Mobile Devices.  
    f. not to use any personally identifiable information when providing shortcuts or creating
    nicknames to your Accounts. You will not use account numbers in shortcuts or
    g. to implement and maintain the latest security‐related settings and updates on your
    Mobile Device and Cellphone (as applicable).
  7. Transaction Processing. With the exception of Manhattan Bank Bill Pay Service transactions,
    transfers from your Accounts that are initiated via the Manhattan Bank Mobile Service before
    8:45 PM on a Business Day (Monday through Friday, excluding Federal holidays) will be
    processed on the day you initiate them. If you initiate a transfer on a weekend or holiday, or
    after 8:45  PM on a Business Day, the transfer will be reflected in your Account and available for
    your use at the time the transfer is initiated, but we will process your transaction the next
    Business Day. Requests for payments to third parties through the Manhattan Bank Bill Pay
    Service will be processed at 1:00 AM and again at 11:00 AM each Business Day. Otherwise, such
    payment requests will be processed the next Business Day.  Please see the Manhattan Bank Bill
    Pay Service Agreement for more information regarding timelines associated with the Bill Pay
    Service. We may refuse your transfer or payment if sufficient funds are not available in your
    Account. If a transfer or payment overdraws any of your Accounts, non‐sufficient funds charges
    may apply.  
  8. Cancelling Transfers or Payments. You may cancel a pending transfer transaction only using the
    Manhattan Bank Netteller Service (and not the Manhattan Bank Mobile Service). To cancel a
    transfer between your Manhattan Bank Accounts, you must initiate your cancellation prior to 8:45 PM on
    the Business Day the transaction is scheduled to be processed. To cancel a payment that you
    have scheduled through the Bill Pay Service, you must cancel before the system processes the transaction. Bill Pay processes week days at 6 AM and 1 PM.  If you do not cancel a transaction before the applicable
    cancellation deadline, we may process the transactions and shall not be liable to you or any
    third party for any harm suffered as a result.  
  9. Fees. You are responsible for paying the fees for use of the Service as Manhattan Bank may
    charge from time to time. Manhattan Bank may change the fees for the Services at any time.
    You authorize Manhattan Bank to deduct any such fees from the account into which you made
    the deposit.  
  10. Changes to the Service. We reserve the right to terminate, modify, add and remove features
    from the Service at any time in our sole discretion. You may reject changes by discontinuing use
    of the Service. Your continued use of the Service will constitute your acceptance of and
    agreement to such changes. Maintenance to the Service may be performed from time‐to‐time
    resulting in interrupted service, delays or errors in the Service and we shall have no liability for
    any such interruptions, delays or errors. Attempts to provide prior notice of scheduled
    maintenance will be made, be we cannot guarantee that such notice will be provided.
  11. Termination. Either you or Manhattan Bank may terminate this Agreement and your use of the Service or
    any product within the Service at any time with or without notice. This Agreement shall remain
    in full force and effect unless and until it is terminated by you or us. Without limiting the
    foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you
    use the Services for any unauthorized or illegal purposes, or if you use the Services in a manner
    inconsistent with the terms of any agreement you entered into with us.  
  12. Disclaimer of Warranties. You agree your use of the services and all information and content
    (including that of third parties) is at your risk and is provided on an “as is” and “as available”
    basis. We disclaim all warranties of any kind as to the use of the services, whether express or
    implied, including but not limited to the implied warranties of merchantability, fitness for a
    particular purpose and non‐infringement. We make no warranty that the Services: (I) will meet
    your requirements; (II) will be uninterrupted, timely, secure, or error‐free; (III) the results that
    may be obtained from the Service will be accurate or reliable; and (IV) any errors in the services
    or technology will be corrected.  
  13. Limitation of Liability. You agree that we will not be liable for any direct, indirect, incidental,
    special, consequential or exemplary damages, including, but not limited to, damages for loss of
    profits, goodwill, use, data or other losses resulting from the use or the inability to use the
    Services incurred by you or any third party arising from or related to the use of, inability to use,
    or the termination of the use of the Services. Regardless of the form of action or claim (whether
    contract, or, strict liability or otherwise), even if Manhattan Bank has been informed of the
    possibility thereof.  
  14. Indemnification. Unless caused by our intentional misconduct or negligence, you agree to
    indemnify, defend and hold harmless Manhattan Bank, its affiliates, officers, directors, employees,
    consultants, agents, service providers, and licensors from any and all third‐party claims, liability,
    damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused
    by or arising from:  
    (a) A third party claim, dispute, action, or allegation of infringement, misuse, or
    misappropriation based on your information, data or files, or otherwise in connection with
    your use of the service;
    (b) Your violation of any law or rights of a third party; or  
    (c) Your use, or use by a third party, of the Mobile Banking Service.
  15. Contact Information. In case of questions about the Service, please contact us using the
    following information. Our representatives are available to assist you from 8:00 AM to 5:00 PM,
    Monday through Friday, excluding Federal holidays. Note: email is not secure and you should
    not include account or confidential information.

    Manhattan Bank
    124 S Broadway
    Manhattan MT 59741
    Phone: 406‐284‐3255 or 855‐868‐6792

    Terms for SMS  
    The Services are separate and apart from any other charges that may be assessed by your wireless
    carrier for text messages sent to or received from your financial institution. You are responsible for any
    fees or other charges that your wireless carrier may charge for any related data or message services,
    including without limitation for short message service (“SMS”).

    The Services are provided by your financial institution, and not by any other third party. You and your
    financial institution are solely responsible for the content transmitted through the text messages sent to
    and from your financial institution. You must provide source indication in any message you send (e.g.,
    mobile telephone number, ‘From’ field in text message, etc.)

    By clicking the “I Agree” button or use of the Service you agree to all the terms, conditions, and notices
    contained or referenced in this Agreement.