Internet Banking
(Internet) Agreement
1. The Service.
In consideration of the Internet Banking
services ("Services") to be provided by The
First National Bank ("BANK"), as described from
time to time in information distributed by BANK
to its customers. In the agreement, "Customer"
refers to the person(s) subscribing to or using
the Service. The Customer agrees as follows:
You may use a Personal Computer ("PC") through
an Internet connection to obtain account
balances and transaction information. You may
also use your PC to obtain statements on your
accounts and to transfer money between your
accounts. However, transfers from your savings
and Money Market accounts are considered
pre-authorized transfers, and pre-authorized
transfers are limited to six (6) per monthly
statement cycle by federal regulations. By
subscribing to the Service you agree to the
terms of the Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AND
KEEP A COPY FOR YOUR RECORDS.
2. Your Password.
Each individual who has access to Internet
Banking, including each individual named on
joint accounts, must designate a password and a
user code. Your password must be a minimum of 6
characters, which must consist of at least one
(1) letter and one (1) numeric character. The
letters are case sensitive. For example, if you
enter your password as: 1234abc you cannot use
1234ABC. It is recommended that you change your
password periodically to enhance security.
3. Delivery of Your Payments and
Transfers.
You may schedule payments to be initiated on
the current business day, on a future date, or
on the same date of each month, subject to the
restrictions in the Agreement. Although you can
enter payment information through the Service
twenty-four (24) hours a day, seven (7) days a
week, payments can be initiated only on
business days. Funds will be deducted from your
Account on the business day on which a payment
is to be "initiated." This date is referred to
in this Agreement as the "Transaction Date." If
you direct the initiation of a payment to occur
on a day other than a business day, it will be
initiated on the following business day.
4. Recurring Payments.
Recurring payments are those made for the same
amount and are made on a weekly, bi-monthly,
monthly basis, etc. Once started, recurring
payments will be made automatically until you
tell us to stop or cancel the payment on-line
and we have a reasonable opportunity to
react.
5. Our Liability for Failure to Complete
Transactions.
If we do not complete a transfer to or from
your account on time or in the correct amount
according to our agreement with you, we might
be liable for some of your losses or damages.
However, there are some exceptions. We will not
be liable for instance:
a. if, through no fault of ours, you do not
have enough money in your account to make the
transfer;
b. if the money in your account is subject to
legal process or other encumbrances restricting
transfer;
c. if the transfer would go over the credit
limit on your overdraft line (if any);
d. if the automated teller machine or the
merchant where you are making the transfer does
not have enough cash;
e. if the system was not working properly when
you started the transfer;
f. if circumstances beyond our control (such as
fire or flood or systems failure) prevent the
transfer, despite reasonable precautions that
we have taken.
6. Canceling Payment.
You may use your PC to cancel a
payment/transfer. The payment/transfer must be
cancelled at least one (1) day prior to
scheduled payment date.
7. Statements.
All payments, transfers, and/or fees made with
the Service will appear on your monthly Account
statement. The Payee name, payment amount, and
date of the payment will be shown for each
payment made through the Service during that
month.
8. Fees.
Fees for Services shall be payable in
accordance with a schedule of charges as
established and amended by BANK from time to
time. Charges shall be automatically deducted
from customers Account, and BANK shall provide
to Customer monthly notice of such debit(s) on
your statement.
9. Equipment. You are solely responsible
for the equipment (including your personal
computer and software) you use to access the
Services. We are not responsible for errors or
delays or your inability to access the Services
caused by your equipment. We are not
responsible for the cost of upgrading your
equipment to stay current with the Services nor
are we responsible, under any circumstances,
for any damage to your equipment or the data
resident thereon.
10. Business Days.
Our business days are Monday through Friday,
except bank holidays. Although payments and
transfers can be completed only on business
days, the Service is available 24 hours a day,
seven days a week, except during maintenance
periods.
11. Hours of Operation.
Our business hours are 8 a.m. to 4 p.m. (CST),
Monday through Friday, except bank holidays and
Saturday 8 a.m. to 10 a.m. Although payments
and transfers can be completed only on business
days, the Service is available 24 hours a day,
seven days a week, except during maintenance
periods.
12. Notice of Your Rights and
Liabilities.
Security of your transactions is important to
us. Use of the Services may therefore require a
PIN or password. If you lose or forget you PIN
or password, please call (308) 697-3335 during
normal business hours listed above. We may
accept as authentic any instructions given to
us through the use of your password or PIN. You
agree to keep your PIN and password secret and
to notify us immediately if your PIN or
password is lost or stolen or if you believe
someone else has discovered your PIN or
password. You agree that if you give your PIN
or password to someone else, you are
authorizing them to act on your behalf, and we
may accept any instructions they give us to
make transfers or otherwise use the Services.
Internet Banking Services enables you to change
your password; we recommend that you do so
regularly. We may be liable for certain
security breaches to the extent required by
applicable law and regulation. We do not assume
any other liability or otherwise guarantee the
security of information in transit to or from
our facilities. Please note that we reserve the
right to (1) monitor and/or record all
communications and activity related to the
Services; and (2) require verification of all
requested transfers in the manner we deem
appropriate before making the transfer (which
may include written verification by you. You
agree that our records will be final and
conclusive as to all questions concerning
whether or not your PIN or password was used in
connection with a particular transaction.
If any unauthorized use of your PIN or password
occurs you agree to (1) cooperate with us and
appropriate law enforcement authorities in
identifying and prosecuting the perpetrator;
and (2) provide reasonable assistance requested
by us in recovering any unauthorized transfer
of funds.
Tell us AT ONCE if you believe your PIN
or password has been lost or stolen.
Telephoning is the best way of keeping your
possible losses down. You could lose all the
money in your account (plus your maximum line
of credit). If you tell us within two (2)
business days, you can lose no more than $50.
If you do NOT tell us within two (2) business
days after you learn of the loss or theft of
your PIN or password, and we can prove we could
have stopped someone from using your PIN or
password without your permission if you had
told us, you could lose as much as $500. 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 to you, you may not get back any
money you lost after the 60 days if we can
prove that we could have prevented someone from
taking the money if you had told us in time. If
you believe your PIN or password has been lost
or stolen or that someone has transferred or
may transfer money from your account without
your permission, call (308) 697-3335 during
normal business hours listed above. WE
CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN
PINS OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA
E-MAIL.
13. Errors and Questions.
In case of errors or questions about your
electronic transactions, telephone us at (308)
697-3335,
8 a.m.-4 p.m. (CST), Monday through Friday, or
write us at:
The First National Bank
Attention: Electronic Banking Department
Post Office Box 10
Cambridge, NE 69022
as soon as you can, if you think your statement
or receipt is wrong or if you need more
information about a transaction listed on the
statement or receipt. We must hear from you no
later than sixty (60) days after we sent you
the FIRST statement on which the problem or
error appeared. You will need to:
a. tell us your name and Account number (if
any);
b. describe the error or the transaction you
are unsure about, and explain as clearly as you
can why you believe it is an error or why you
need more information; and
c. tell us the dollar amount of the suspected
error.
If you tell us verbally, we may require you to
send us your complaint or question in writing
within ten (10) business days following the
date you notified us. We will determine whether
an error occurred within ten (10) business days
(twenty (20) business days if the notice of
error involves an electronic fund transfer to
or from the account within thirty (30) days
after the first deposit to the account was
made) 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 (twenty
(20) business days if the notice of error
involves an electronic fund transfer to or from
the account within thirty (30) days after the
first deposit to the account was made) for the
amount you think is in error, so that you will
have 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 ten (10)
business days, we may not credit your
account.
If we determine there was no error, we will
reverse the previously credited amount, if any,
and we will send you a written explanation
within three (3) business days after we finish
our investigation. You may ask for copies of
the documents we used in our investigation.
14. Disclosure of Account Information to
Third Parties.
We may disclose information to third parties
about your account or the transactions you
make:
a. where it is necessary for completing
transactions or resolving errors involving the
Services; or
b. in order to verify the existence and
condition of your account for a third party,
such as a credit bureau or a merchant; or
c. in order to comply with government agency
rules, court orders, or other applicable law;
or
d. to our employees, service providers,
auditors, collection agents, affiliated
companies, or attorneys in the course of their
duties and to the extent allowed by law; or
e. if you give us your permission.
15. Authorization to Obtain
Information.
You agree that we may obtain and review your
credit report from a credit bureau or similar
entity.
16. Termination.
RECURRING TRANSFERS WILL NOT NECESSARILY BE
DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO
THE SERVICES. IF YOU WANT TO MAKE SURE THAT
RECURRING TRANSFERS BETWEEN ACCOUNTS ARE
STOPPED, YOU MUST FOLLOW THE PROCEDURES IN THE
CANCELING PAYMENTS PARAGRAPH ABOVE.
We reserve the right to terminate the Services,
in whole or in part, at anytime with or without
cause and without prior written notice. In that
event, or in the event that you give us a
termination notice, we may (but are not
obligated to) immediately discontinue making
previously authorized transfers, including
recurring transfers and other transfers that
were previously authorized but not yet made. We
also reserve the right to temporarily suspend
the Services in situations deemed appropriate
by us, in our sole and absolute discretion,
including when we believe a breach of system
security has occurred or is being attempted. We
may consider repeated incorrect attempts to
enter your PIN or password as an indication of
an attempted security breach. Termination of
the Services does not affect your obligations
under this Agreement with respect to
occurrences before termination.
17. Limitation of Liability.
Except as otherwise provided in this Agreement
or by law, we are not responsible for any loss,
injury, or damage, whether direct, indirect,
special or consequential, caused by the Service
or the use thereof or arising in any way out of
the installation, operation, or maintenance of
your PC equipment.
18. Waivers.
No waiver of the terms of this Agreement will
be effective, unless in writing and signed by
an authorized officer of the BANK.
19. Assignment.
You may not transfer or assign your rights or
duties under this Agreement.
20. Governing Law.
The laws of the State of Nebraska shall govern
this Agreement and all transactions hereunder.
Customer acknowledges that he/she has reviewed
this Customer Agreement, understands the terms
and conditions set forth herein, and agrees to
be bound hereby.
21. Amendments.
We can change a term or condition of this
Agreement by mailing or delivering to you a
written notice at least thirty (30) days before
the effective date of any such change. We do
not need to provide you with any prior notice
where an immediate change in the terms or
conditions of this Agreement is necessary to
maintain or restore the security of our system
or an account. However, even in these cases, if
the change is to be permanent, we will provide
you with a notice of the change with the next
regularly scheduled periodic statement we send
you, or within thirty (30) days, unless
disclosure would jeopardize the security of our
system or an account. Notices mailed or
delivered to you under this paragraph will be
considered effective if mailed to the most
recent address we show for you in either our
Checking or Savings Account records, or e-mail
address in which you agreed to receive such
notices and/or disclosures.
22. Indemnification.
Customer, in consideration of being allowed
access to the Services, agrees to indemnify and
hold the BANK harmless for any losses or
damages to the BANK resulting from the use of
the Services, to the extent allowed by
applicable law.
23. Security Procedures.
By accessing the Services, you hereby
acknowledge that you will be entering a
protected web site owned by the BANK, which may
be used only for authorized purposes. The BANK
may monitor and audit usage of the System, and
all persons are hereby notified that use of the
Services constitutes consent to such monitoring
and auditing. Unauthorized attempts to up-load
information and/or change information on these
web sites are strictly prohibited and are
subject to prosecution under the Computer Fraud
and Abuse Act of 1986.
24. Fee Schedule.
Internet Banking Service Fee: The basic
Internet Banking service is Free.
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