|
Agreement
This Agreement, which
includes the Enrollment Form, is a contract which establishes the rules that
cover your electronic access to your accounts at FIRST AND FARMERS BANK
("BANK") through First and Farmers Bank's Internet Banking System ("IBS").
By using the IBS, 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 and Farmers
accounts, as well as your other agreements with First and Farmers, such as
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 North 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 First and Farmers Bank’s successors and
assignors. 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, constitutes the entire agreement between you and First
and Farmers 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 [FIRST AND FARMERS
BANK]. "You" and "your" refer to the account holder authorized by First and
Farmers Bank to use the IBS under this Agreement and anyone else authorized
by that account holder to exercise control over the account holder's funds
through the IBS. "Account" or "accounts" means your accounts at First and
Farmers Bank. "Electronic funds transfers" means ATM withdrawals,
pre-authorized transactions, point of sale transactions, transfers to and
from your First and Farmers Bank accounts using the IBS including bill
payments. "The IBS Services" means the services provided pursuant to this
Agreement, including the Bill Payment Service. "Business days" mean Monday
through Friday. Holidays are not included.
Access
To use the IBS, you must
have at least one checking/savings account at First and Farmers Bank and
access to Internet service. Once we have received your Enrollment Form, and
verified your account information, we will affirm to you, confirmation of
our acceptance of your enrollment, either directly in person or by postal
mail. We will provide you with your assigned Access ID (FI Key). The IBS
can be used to access only First and Farmers Bank accounts, which bear your
social security number or affiliated tax identification numbered for
access. Access to your accounts through the IBS will be based upon the
identification of users and authority specified by you in your Enrollment
Form. We undertake no obligation to monitor transactions through the IBS to
determine that they are made on behalf of the account holder.
Internet Banking Services
You can use the IBS to
check the balance of your First and Farmers Bank accounts, view First and
Farmers Bank account histories, transfer funds between your First and
Farmers Bank accounts, , and pay bills from your First and Farmers Bank
accounts in the amounts and on the dates you request, if you have requested
the Bill Payment Service on your Enrollment form.
Hours of Access
You can use the IBS
seven days a week, twenty-four hours a day, although some or all the IBS
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 IBS website.
Your Password
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 regularly. Upon
three unsuccessful attempts to use your password, your access to the IBS
will be revoked. To re-establish your authorization to use the IBS, you must
contact us to have your password reset or to obtain a new temporary
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. The password should be a minimum of 6 characters
and no more than 8 characters in length, with at least 2 alpha and 2 numeric
characters. You will be required to change your password every 90 days.
Security
You understand the
importance of your role in preventing misuse of your accounts through the
IBS and you agree to promptly examine your paper statement for each of your
First and Farmers 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 access ID
are intended to provide security against unauthorized entry and access to
your accounts. Data transferred via the IBS is encrypted in an effort to
provide transmission security and the IBS utilizes identification technology
to verify that the sender and receiver of the IBS transmissions can be
appropriately identified by each other. Notwithstanding our efforts to
insure that the IBS 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
IBS, or email transmitted to and from us, will not be monitored or read by
others. It is your responsibility to safeguard your Access ID and Password.
Anyone to whom you give your ID and Password or other means of access will
have full access to your accounts, even if you attempt to limit that
person's authority.
Fees and Charges
You agree to pay the
fees and charges for your use of the IBS Services as set forth in the
current fee schedule that may be obtained at The First and Farmers Bank. You
agree that all such fees and charges will be deducted from your First and
Farmers Bank checking account as designated on your Enrollment Form. If you
close your designated 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 are also responsible for telephone and
Internet service fees you incur in connection with your use of the IBS.
Posting of Transfers
Transfers initiated
through the IBS before 2:30 p.m. (Central Standard Time) on a business day
are posted to your account the same day. Transfers completed after 2:30 p.m.
(Central Standard Time) on a business day, Saturday, Sunday or banking
holiday, will be posted on the next business day. The IBS identifies
transfers based upon the access ID of the user who made the electronic
transfer. You agree to communicate with any other persons with authorized
access to your accounts concerning any transfers or bill payments from your
accounts in order to avoid overdrafts.
Overdrafts (Order of Payments, Transfers and other
Withdrawals)
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. Electronic fund
transfers initiated through the IBS, which would result in an overdraft of
your account may be cancelled or reversed, at our discretion;
c. In the event the
electronic fund transfers initiated through the IBS, which would result in
an overdraft of your account are not cancelled, overdraft charges may be
assessed pursuant to the terms of the deposit agreement for that account.
Limits on Amounts and Frequency of the IBS Transactions
The number of transfers
from First and Farmers Bank accounts and the amounts, which may be
transferred, are limited pursuant to the terms of the applicable deposit
agreement and disclosure for those accounts. You must have enough money or
credit in any account from which you instruct us to make a payment or
transfer. If any of your qualifying accounts are savings accounts, certain
types of withdrawals from those accounts, including payments and transfers
are limited to a total of no more than 6 in any specific period. The
specified period for savings accounts covered by this limitation are those
made by means of preauthorized or automatic transfers and payments or
telephone agreement. 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.
The IBS Bill Payment Service
If you enroll for Bill
Payment, you can arrange for the payment of your current, future, and
recurring bills. You must designate the First and Farmers 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 bill
payment will be generated the next business day before 2:30 p.m. (Central
Standard Time). By using the IBS 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 the IBS Bill Payments
All payees that are
paid by paper check, you understand and agree that paper checks are
mailed to the payee and the payee may not receive the payment until five
to eight business days after the check is issued. 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 IBS, you must call the bank before 10:00
a.m. (Central Standard Time) on the date the payment is scheduled to be
generated.
Stop-Payment Requests
Stopping the payment
of a check is different from the cancellation of a bill payment.
You may be able to stop an IBS bill payment paid by paper draft by
contacting us by telephone 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, and the amount and scheduled date
of the payment.
If you make your
stop-payment request by telephone, we will also require you to put your
request in the form of a written paper and get it to us within 14 days after
you call. You will incur stop-payment charges as disclosed in the current
fee schedule for the applicable account.
Disclosure of Account Information and Transfers
We will disclose
information to third parties about your account or the transfers you make:
1.
Where it is
necessary for completing transfers; or
2.
In order to
verify the existence and condition of your account for a third party, such
as a credit bureau or merchant; (we routinely inform credit bureaus when
accounts are closed because they were not handled properly) or
3.
In order to
comply with government agency or
4.
If you give
us written permission.
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 IBS. You agree and hereby authorize all of
these transfers of information.
Periodic Statements
You will not receive a
separate IBS statement. Transfers to and from your accounts using the IBS
will appear on the respective periodic paper statements for your First and
Farmers 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 of the IBS service(s), 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 of
our electronic fund transfer system. We will post any required notice of the
change in terms on the IBS website or forward it to you by email 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 the
subject IBS 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.
In Case of Errors or Questions about Your Electronic
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 IBS Bill Payment Service, tell us the account number used to pay the
bill, payee name, the date the payment was sent, payment amount, and the
payee account number for the payment in question.
If you contact us by
telephone or by email, we may 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 determine
whether an error occurred within 10 business days (five business days if the
transfer involved a point-of-sale transaction and 20 business days if the
transfer involved a new account) after we hear from you and will correct any
error promptly. If we need more time, however, we may take up to 45 days
(90 days if the transfer involved a new account, a point-of-sale
transaction, or foreign-initiated transfer) to investigate your complaint or
question. If we decide to do this, we will credit your account within 10
business days (five business days if the transfer involved a point-of-sale
transaction and 20 days if the transfer involved a new 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 ask you to
put your complaint or question in writing and we do not receive it within 10
business days, we may not credit your account. Your account is considered a
new account for the first 30 days after the first deposit is made, unless
each of you already has an established account with us before the account is
opened.
We will tell you the
results within three business days after completing our investigation. If
we decide there was no error, we will send you written explanation.
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 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 IBS
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 IBS.
(9)
If
circumstances beyond our control (such as 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
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 two business days after you
learn of the loss, theft, compromise or unauthorized use of you password,
you can lose no more than $50 if someone used your password without your
permission. If you do NOT contact us within two business days after you
learn of the loss, theft, compromise, or unauthorized use of your password,
and we can prove we could have stopped someone from using your password to
access your accounts without your permission if you had told us, you could
lose as much as $500. Also, if your paper statement shows transfers that you
did not make, contact us at once. If you do not tell us within 60 days after
the paper statement was mailed to you, you may not get back any money you
lost through transactions made after the 60 day time period 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 hospital stay) kept you
from contacting us, we will extend the times.
Disclaimer of Warranty and Limitation of Liability
We make no warranty of
any kind, expressed or implied, including any implied warranty of
merchantability or fitness for a particular purpose, in connection with the
IBS Services provided to you under this Agreement. We do not and cannot
warrant that the IBS will operate without errors, or that any or all the IBS
Services will be available and operational at all times. 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 IBS, 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 First and Farmers Bank and its affiliates exceed the amounts
paid by you for the services provided to you through the IBS.
Your Right to Terminate
You may cancel your IBS
service at any time by providing us with written notice by postal mail or
fax. If you terminate, you authorize us to continue making transfers and
bill payments you have previously authorized until we have had a reasonable
opportunity to act upon your termination notices. Once we have acted upon
your termination notice, we will make no further transfers or payments from
your IBS account. If we terminate your use of your IBS account, we reserve
the right to make no further transfers or payments from your account
including any transactions you have previously authorized. You will remain
responsible for all outstanding fees and charges incurred before the date of
cancellation.
Our Right to Terminate
You agree that we can
terminate or limit your access to the IBS Services for any of the following
reasons:
1.
Without prior
notice, if you have insufficient funds in any one of your First and Farmers
Bank accounts. The IBS service may be reinstated, in our sole discretion,
once sufficient funds are available to cover any fees, pending transfers,
and debits.
2.
Upon
reasonable notice, for any other reason in our sole discretion.
Communications between First and Farmers Bank and You
Unless this Agreement
provides otherwise, you can communicate with us in any one of the following
ways:
Email
-You can contact us by email at internetbanking@ffbnk.com (Please
note that banking transactions through the IBS are not made via email.)
Telephone
- You can contact us by
telephone: Portland – (701) 788-3791
Mayville – (701) 788-9030
Facsimile
- You can contact us by fax:
Portland – (701) 788-2792
Mayville – (701) 788-9033
Postal Mail
- You can write to us at: Portland –
PO Box 158, Portland, ND 58274-0158
Mayville – 125 Center Ave S, Mayville, ND 58257
You may visit us in person at any one of our locations-
Portland: 509
Parke Ave, Portland, ND 58274
Mayville: 125 Center Ave S, Mayville, ND 58257
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 First and Farmers Bank's IBS website or by email. You agree to
notify us immediately of any change in your email address. |
