|FIRST NATIONAL BANK’S INTERNET BANKING SERVICES AGREEMENT
This Internet Banking Services 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 First National Bank through First National Bank’s Internet Banking Service. By using First National Bank’s Internet Banking Service, 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 First National Bank accounts as well as your other agreements with First National Bank, such as loan agreements, 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 Texas (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 term, 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 First National 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 First National Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
As used in this Agreement, the words "we," "our," "us," and "Bank" mean First National Bank. "You" and "your" refer to the account holder authorized by First National Bank to use First National Bank’s Internet Banking Service including Bill Payments. First National Bank’s Internet Banking Services means services provided pursuant to this Agreement, including the Bill Payment Service. "Business Days" means Monday through Friday. Holidays are not included.
To use First National Bank’s Internet Banking Service, you must have at least one checking account at First National Bank, access to Internet service, and an e-mail address. Once we have received your signed Enrollment Form, and verified your account information, we will send you, either by e-mail or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID and temporary password. Access to your accounts through First National Bank’s Internet Banking Service will be based upon the authentication of user information supplied by you upon enrollment. We undertake no obligation to monitor transactions through First National Bank’s Internet Banking Service to determine that they are made on behalf of the accountholder.
IV. FIRST NATIONAL BANK’S INTERNET BANKING SERVICES
You can use First National Bank’s Internet Banking Services to check the balance of your First National Bank accounts, view your First National Bank account histories, transfer funds between your First National Bank accounts, order checks, change your address and pay bills from your First National 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 3:00p.m. (Central Standard Time) of the previous business day.
V. HOURS OF ACCESS
You can use First National Bank’s Internet Banking Services seven days a week, twenty-four hours a day, although some or all of First National Bank’s Internet Banking 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 First National Bank’s Internet Banking Service web site.
VI. YOUR PASSWORD
For security purposes, you are required to change your password and User ID upon your initial login to First National Bank’s Internet Banking Service. You determine what password you will use and the identity of your password is not communicated to us. 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 upon receipt. Upon three unsuccessful attempts to use your password, your access to First National Bank’s Internet Banking Service will be revoked. To re-establish your authorization to use First National Bank’s Internet Banking Service, you must contact us to have your password reset or to obtain a new temporary User ID & password.
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, OR written and stored in a sealed and/or locked container.
You understand the importance of your role in preventing misuse of your accounts through First National Bank’s Internet Banking Service and you agree to promptly examine your periodic statement for each of your First National 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, such as your driver’s license number and social security number. You understand that personal 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 First National Bank’s Internet Banking Service is encrypted in an effort to provide transmission security. Notwithstanding our efforts to insure that the First National Bank Internet Banking Service system is secure, you acknowledge that the Internet is inherently unsecure and that all data transfers, including e-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 First National Bank’s Internet Banking Service system, or e-mail transmitted to and from us, will not be monitored or read by others.
VIII. FEES AND CHARGES
Use of First National Bank’s Internet Banking Services is free for use by all First National Bank customers including Bill Pay Services. Bill Pay is a service without a monthly fee. Any fees are made available to you at the time you sign up for the additional service. You are responsible for telephone and Internet service fees you incur in connection with your use of First National Bank’s Internet Banking Services.
Transfers initiated through First National Bank’s Internet Banking Service before 3:00p.m. (Central Standard Time) on a business day are posted to your account the same day. Transfers completed after 3:00p.m. (Central Standard Time) on a business day, Saturday, Sunday or bank holiday, will be posted on the next business day.
We will NOT be liable for failure to make a transfer by your electronic request if:
a. You do not have enough money in your account to make a transfer
b. A legal order directs us to prohibit withdrawals from the account
c. Your account is closed or has been frozen
d. The transfer would cause your balance to go over the credit limit of your Balance Plus Line of Credit or the overdraft limit established for your checking account
e. You or anyone authorized by you commits fraud or violates any law or regulation
f. The system, computer or telecommunication device(s) are not working properly and you knew about the problem when you started the transfer
g. 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
h. You have not properly followed the on-screen instructions for use
i. Circumstances beyond our control (fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken
CONTACT US AT ONCE 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. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission.
If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you could lose as much as $500.
If your periodic account statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after your periodic statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period.
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 ATM withdrawals, will have priority.
b. In the event the electronic funds transfers initiated through First National Bank’s Internet Banking Services, which would result in an overdraft of your account, are not cancelled, overdraft charges will be assessed pursuant to the terms of your deposit agreement for that account.
XI. DISCLOSURE OF ACCOUNT INFORMATION
See our Privacy Notice.
XII. CHANGE IN TERMS
We may change any term of this Agreement at any time. If the change would result in increased fees for any First National Bank Internet Banking 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 First National Bank Internet Banking web site 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 fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of First National Bank Internet Banking 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 agreements and disclosures.
XIII. Periodic Statements
You will not receive a separate First National Bank Internet Banking statement. Transfers to and from your accounts using First National Bank’s Internet Banking system will appear on the respective periodic paper statements for your First National Bank accounts.
In case of errors or questions about your Electronic Fund Transfers, including Bill Payments, contact us as soon as you can, if you think your paper statement is wrong or if you need more information about a transfer listed on your paper statement. We must hear from you no later than 60 days after we sent the FIRST paper statement upon 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 First National Bank Internet Banking system Bill Payment service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, confirmation 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 will require that you send us your complaint or question in the form of paper writing by postal mail or fax within 10 business days.
We will provisionally credit your account 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 decide that there was no error, we will send you written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. We will make a corresponding debit from your account for the amount we gave you provisional credit.
XIV. Your Right to Terminate
You may cancel your First National Bank Internet Banking services at any time by providing us with written notice by postal mail or fax. Your access to First National Bank’s Internet Banking 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.
XV. Our Right to Terminate
You agree that we can terminate or limit your access to First National Bank’s Internet Banking services for any of the following reasons:
(1) Without prior notice, if you have insufficient funds in any one of your First National Bank accounts, First National Bank Internet Banking services 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
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
E-Mail - you can contact us by e-mail using the Bank Mail option within First National Bank’s Internet Banking service or by sending unencrypted e-mail to email@example.com. NOTE: BANKING TRANSACTIONS THROUGH FIRST NATIONAL BANK’S INTERNET BANKING SERVICE ARE NOT MADE VIA E-MAIL.
Telephone - you can contact us by telephone at (903) 537-2201
Fax - you can contact us by fax at (903) 537-4264
Postal Mail - you can write to us at:
First National Bank
P.O. Box 909
Mount Vernon, Texas 75457