BankWest Web Banking Agreement

Agreement - This Agreement, which includes the Fee Schedule and Enrollment Form, is a contract that establishes the rules which cover your electronic access to your accounts at BankWest ("BANK") through our Web Banking System ("SYSTEM").By using the SYSTEM, you accept all the terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the Deposit Account Agreements and Disclosures for each of your BANK accounts as well as your other agreements with the BANK such as those you entered into for 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 South Dakota (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 the BANK's successors and assigns. Certain 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 the 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 BankWest. “You” and “your” refer to the accountholders authorized by the BANK to use the SYSTEM under this Agreement. “Account” or “accounts” means your accounts at the BANK. “Electronic funds transfers” may include, but is not limited to ATM withdrawals, preauthorized transactions, point of sale transactions, and transfers to and from your BANK accounts using the 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. Holidays are not included.

Access - To use the SYSTEM, you must have at least one checking account at the BANK, access to Internet service, and an e-mail address. Once we have received your electronic Enrollment Form or signed hard-copy Enrollment Form, and verified your account information, we will send you e-mail confirmation of our acceptance of your enrollment. The temporary password you provide on your enrollment form, used in conjunction with a login ID which is known by you, will allow you first-time access to the SYSTEM. The SYSTEM can be used to access only BANK accounts on which you are either the primary or the secondary owner. In the case of commercial entities(including sole proprietors, partnerships, non-profit organizations, and/or corporations), only accounts titled as being owned by the same entity and reported under the same Tax ID number can be accessed via a single SYSTEM LOGIN ID and PASSWORD. Accounts titled under different entities, even though those entities may be owned by the same individual(s), will not be linked within the Web Banking System. Each separate business entity may have access to the SYSTEM under its own SYSTEM LOGIN ID and PASSWORD. We undertake no obligation to monitor transactions through the SYSTEM to determine that they are made on behalf of the accountholder.

SYSTEM Services - You can use the SYSTEM to check the balance of your BANK accounts, view BANK account histories, transfer funds between your BANK accounts, re-order checks (Deluxe checks that were previously ordered through the BANK), change your address, and, if you have requested the Bill Payment Service on your Enrollment Form, pay bills from your BANK accounts in the amounts and on the dates you request. Balance and activity information is as of our cut-off time for the previous business day. This information is updated as soon as practical.

Hours of Access - You can use the SYSTEM seven days a week, twenty-four hours a day, although some or all the SYSTEM services may not be available occasionally due to scheduled or emergency system maintenance. We agree to post notice of any extended periods of non-availability that are under the BANK’S control on the SYSTEM website. Examples of non-availability that the BANK cannot control include but are not limited to problems with your computer hardware or software, telephone company (or other third-party) communications failures, problems/failures of your specific Internet Service Provider (ISP), or other third-party service issues not in the direct control of the BANK.

Your Password - For security purposes, you are required to change your password upon your initial login to the SYSTEM. You determine what password you will use. Your password is not communicated to us except in encrypted form. Once you have changed your password we will not be able to tell you what it is. We can however reset it for you. 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. At a minimum, the SYSTEM will require you to change your password every 180 days. Upon three unsuccessful attempts to use your password, your access to the SYSTEM will be revoked for a 24-hour period. You may also contact us at (605) 224-7391 or 1-800-253-0362 during regular business hours (Monday-Friday 8 a.m. to 8 p.m., Saturday 9 a.m. - 5 p.m., Sunday 1 p.m. - 5 p.m. Central Time, excluding federal holidays) to have your password reset. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.

Security - You understand the importance of your role in preventing misuse of your accounts through the SYSTEM and you agree to promptly examine the periodic 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 and/or business identification information, such as your driver's license number, social security number, business TAX ID number, SYSTEM login ID, and SYSTEM password. You understand that such identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via the SYSTEM is encrypted in an effort to provide transmission security and the SYSTEM utilizes identification technology to verify that the sender and receiver of the 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 the 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 the SYSTEM Services as set forth in the current fee schedule. The current fee schedule is included at the end of this document. 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. 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 understand that the charges incurred for your use of this system are in addition to all other regular account charges that you may incur. You are also responsible for telephone and Internet service fees you incur in connection with your use of the SYSTEM.

Posting of Transfers - Transfers initiated through the SYSTEM before 5:30 p.m. (Central Time) on a business day are posted to your account the same day. Transfers completed after 5:30 p.m. (Central Time) on a business day or on Saturday, Sunday or banking holiday, will be posted on the next business day.

Overdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient funds to perform all transactions you have requested for a given business day, then: A) Transactions involving currency disbursements, like ATM withdrawals, and cash withdrawals will have priority; B) Electronic Fund Transfers initiated through the SYSTEM which would result in an overdraft of your account may, at our discretion, be cancelled; C) Electronic fund transfers initiated through the SYSTEM which would result in an overdraft of your account may be assessed overdraft charges pursuant to the terms of the deposit agreement for that account.

Limits on Amounts and Frequency of the 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 Account Agreement and disclosure for those accounts. If a 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. If the 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. 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. We reserve the right to refuse to pay any payee designated by you. If we 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 2 business days 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.

How to Cancel a Bill Payment - To cancel a bill payment that you have scheduled through the SYSTEM, you must cancel the payment online via the SYSTEM (by following the onscreen instructions) before 5:30 p.m. (Central Time) on the date the payment is scheduled to be debited from your account.

Stop-Payment Requests on Bill Payment Transactions - Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment which has been paid electronically. You may be able to stop a SYSTEM bill payment paid by paper draft by contacting us by telephone at (605) 224-7391 or 1-800-253-0362 before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen.

Disclosure of Account Information and Transfers - You understand that information about your accounts or the transfers you make may automatically be disclosed to others. 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 the 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 the SYSTEM will appear on the respective periodic 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 funds transfer system. We will post any required notice of the change in terms on the BANK SYSTEM website or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic funds transfer system, we may or may not notify you of such changes in terms at the BANK’S discretion. Your continued use of any or all of the subject SYSTEM Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable Deposit Account Agreements and Disclosures.

In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments – Telephone us at (605) 224-7391, or write us at 420 S Pierre Street, Pierre, SD 57501 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. When you contact us: 1) Tell us your name and account number. 2) 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. 3) Tell us the dollar amount of the suspected error. (4) If the suspected error relates to a bill payment made via the SYSTEM Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Posting Screen.) If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within ten (10) business days. We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (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 the form of a paper writing and we do not receive it within ten (10) business days, we may not credit your account.

We will tell you the results within three (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. If we have made a provisional credit to your account, a corresponding debit will be made from your account. If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days in place of ten (10) business days. If a notice of error involves an electronic fund transfer that was initiated in a foreign country, occurred within thirty (30) days after the first deposit to the account was made, or is a point of sale debit card transaction, the applicable time period for action shall be ninety (90) calendar days in place of forty-five (45) calendar days. If a notice of error involves unauthorized use of your point of sale debit card with the Visa logo when it is used as a Visa point of sale debit card, we will provide provisional credit within five (5) business days after you notify us instead of within ten (10) or twenty (20) business days. We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay.

Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance: 1) If, through no fault of ours, you do not have enough available money in your account to make a transfer. 2) If a legal order directs us to prohibit withdrawals from the account. 3) If your account is closed, or if it has been frozen. 4) If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts. 5) If you, or anyone authorized by you, commits any fraud or violates any law or regulation. 6) If any electronic terminal, telecommunication device, or any part of the SYSTEM electronic fund transfer system is not working properly and you knew about the problem when you started the transfer. 7) If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment. 8) If you have not properly followed the on-screen instructions for using the SYSTEM. 9) If circumstances beyond our control (such as but not limited to fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.

Your Liability for Unauthorized Transfers (including Bill Payment Service transfers)- CONTACT US AT ONCE at (605) 224-7391 or 1-800-253-0362 if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. Failure to immediately contact us could result in the loss of all the money in your accounts (plus your maximum overdraft line of credit, if any). If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your code or password without your permission. If you do NOT tell us within two (2) business days after you learn of the compromising of your code or password, and we can prove that we could have stopped someone from using your code or password without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within sixty (60) days after the statement was mailed/made available 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 a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

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 that the SYSTEM will operate without errors, or that any or all SYSTEM Services will be available and operational at all times. We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems or systems and software utilized by you to initiate or process banking transactions whether such transactions are initiated or processed directly with our systems or through a third party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process banking transactions and the ability of such systems and software to do so accurately. 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, in no event shall the liability of the BANK and its affiliates exceed the amounts paid by you for the services provided to you through the 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 the 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: 1) Without prior notice, if you have insufficient funds in any one of your BANK accounts. SYSTEM service may be reinstated, at 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 immediate notice, for any other reason at our sole discretion.

Communications between the BANK and You - Unless this Agreement provides otherwise, you can communicate with us through any BankWest location or by using the e-mail button on any of our pages.

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 website or by e-mail. You agree to notify us immediately of any change in your e-mail address.

Fee Schedule – BankWest Web Banking with Bill Pay is free. E-statement Notification is free. Re-ordering checks from Deluxe will involve charges, and your cost will vary depending on the check design, checkbook style and quantity ordered.

BankWest e-Statement Notification Agreement

By signing up for e-Statement Notification, you agree to receive e-mail notification when your statement is ready for online viewing and printing.

Important Notice and Consent to Receive Electronic Statements

Please print this information for your permanent records.

This consent for electronic delivery applies to all required disclosures regarding all deposit accounts and lines of credit you have with BankWest, and is effective until withdrawn by you. Agreeing to accept disclosures electronically means that once the Bank notifies you of them, and if necessary, you click to accept them, they will apply to you and your accounts.

Electronic acceptance of disclosures means that BankWest will not mail them to you unless requested by you at a later date. In general, account statements are available through web banking for twelve (12) months. Disclosures will be available to customers in good standing for ninety (90) days after they are posted. Here is a list of some of the disclosures you may get electronically:

• Periodic Statements
• Change-in-terms information for your account
• Annual Privacy Policy
• Annual Electronic Funds Transfer notice
• Any other disclosures we are required to provide

To provide updated information on how the Bank may contact you electronically, you must use one of the following methods:

• Use the Other Services tab in Web Banking.
• Write to BankWest at 420 S. Pierre St., Pierre, SD 57501.
• Contact the Bank at 1-800-253-0362 during regular business hours (Monday-Friday 8 a.m. to 7 p.m., Saturday 9 a.m. - 5 p.m., Sunday 1 p.m. - 5 p.m. Central Time, excluding federal holidays).

If BankWest determines that any e-mail notification to you regarding any disclosure is undeliverable, we may, at our discretion, choose to mail that disclosure to you using United States mail.

You may withdraw consent for electronic delivery of disclosures, but doing so will not affect the legal effectiveness, validity, or enforceability of electronic records that were made available to you prior to the implementation of your withdrawal. To withdraw consent and request these documents be provided in paper form at no charge you must write to BankWest at 420 S Pierre St, Pierre, SD 57501 or contact the Bank at 1-800-253-0362.

You may request a paper copy of statements and disclosures provided electronically by writing to BankWest at 420 S. Pierre St., Pierre, SD 57501 or contacting the Bank at 1-800-253-0362. A fee of $2.00 per statement will be charged. Other disclosures will be provided at no charge.

You will need a computer with an internet connection and an active e-mail account. Your computer will also need one of the following Internet browsers: Microsoft ® Internet Explorer® (version 5.0 or higher), Firefox ® (version 1.5 or higher), Apple® Safari™ (2.0 or higher) or Google Chrome™ (1.0 or higher). Electronic statements are available for viewing or download within web banking and are available in .pdf format which will require a pdf reader application. (Adobe® Acrobat® Reader version 4.0 or higher, which can be downloaded from http://www.adobe.com. Alternatives to Acrobat Reader can be obtained from http://www.pdfreaders.org.)

To make sure you can view your statements, we have created a test statement for your review. We will ask you to take a moment to confirm you can open and read the test statement.

I ACCEPT. Please proceed with my BankWest Web Banking enrollment.

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