Online Banking Agreement and Disclosure
(updated 2-07-2008)
Agreement – This Agreement, which includes
the Enrollment Form and, if applicable, the Account Access Authorization form, is
a contract which establishes rules, which cover your electronic access to your
accounts at First National Bank & Trust, Bank of Pocahontas, and/or
Integrity 1st Bank, (“BANK”) through First
The
terms and conditions of the deposit agreements and disclosures for each of your
BANK accounts as well as your other agreements with the BANK such as agreements
regarding loans, brokerage services, and other products and services continue
to apply notwithstanding anything to the contrary in this Agreement and to the
extent of any conflict between this Agreement and any other agreement with the
BANK relating to specific accounts or products, such other agreement(s) shall
supercede and be controlling in all respects.
This
Agreement is subject to applicable federal laws and the laws of the State of
Arkansas (except to the extent this Agreement is found to be unenforceable
according to its terms, all remaining provisions will continue in full force
and effect and be construed as most nearly to effectuate the intent of the
parties. 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 BANK of any default or breach of this Agreement or any provision
hereof must be in writing to be effective and shall not constitute a waiver of
any other or subsequent default or breach.
You may not assign this Agreement or any of your rights or obligations
hereunder. This Agreement is binding
upon your heirs and BANK’s successors and assigns. Termination, cancellation or
expiration of this Agreement shall in no way affect any obligations imposed on
you by other agreements with us.
Furthermore, you shall remain obligated under the Fees and Charges
section of this Agreement to pay for services rendered, including the payment
of the full monthly fee for the month in which termination, cancellation or
expiration of the Agreement occurs.
Definitions – As used in this Agreement, the
words “we”, “our”, “us”, and “BANK” mean First National Bank & Trust
Co. “You” and “your” refer to the
accountholder authorized by BANK to use SYSTEM under this Agreement and anyone
else authorized by that accountholder to exercise control over the
accountholder’s funds through SYSTEM.
“Account” or “accounts” means your accounts at BANK. “Electronic fund transfers” means ATM
withdrawals, preauthorized transactions, point of sale transactions, transfers
to and from your BANK accounts using SYSTEM including bill payments. “SYSTEM services” means the service provided
pursuant to this Agreement, including the Bill Payment Service. “Business days” means Monday through Friday.
Access – To use the SYSTEM, you must
have at least one account (checking or savings) at BANK, access to Internet
Service, and an e-mail address. Once we
have received and approved your signed Enrollment Form, and verified your
account information, you will receive your assigned Log-In ID and temporary
password. It is your responsibility to
provide your own Internet service and e-mail access. Balance and activity information is Real Time.
The SYSTEM can be used to access
only the BANK accounts, which you have designated on your Enrollment Form. We are entitled to presume that any access
to the SYSTEM utilizing a valid password has been duly authorized. We are under no obligation to monitor
transactions through the SYSTEM to determine whether they were made on your
behalf. You can use the SYSTEM to check the balance of your accounts, view
account histories, transfer funds between your accounts, pay bills from your
accounts in the amounts and on the dates you request (if you have requested the
Bill Payment Service on your Enrollment Form), perform Cash Management and
other services as provided from time to time.
Hours of Access – You may 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 emergency or scheduled SYSTEM
maintenance. However, as provided for
more fully herein, the fact that you initiate a transaction at a specific time
does not mean that it will be processed then.
Certain transactions are processed only on business days and at certain
times. Balance and activity information
is Real Time.
Security – You understand and acknowledge
the importance and essential nature of your role in preventing misuse of your
accounts through the SYSTEM and you agree to promptly examine your paper
statement for each of your BANK accounts as soon as you receive it and report
to us immediately any known or suspected errors, problems, or concerns. You agree to protect the confidentiality of
your account, account number, password, and your personal identification
information, such as your driver’s license number and social security
number. You understand and acknowledge
that personal identification information by itself, or together with
information related to your account(s), may allow or facilitate unauthorized
access to your account(s). Your
password and Log-In ID are intended to provide security against unauthorized
entry and access to your accounts. You
were given a temporary password when you completed the Enrollment form. That password will be used the first time
you log-in to the SYSTEM.
For security purposes, you are
required to change your password upon your initial log-in to SYSTEM. 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 and Log-In ID. 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 SYSTEM will be revoked. To re-establish your authorization to use
SYSTEM, you must contact us to have your password reset or to obtain a new
temporary password, after which you should select a new password.
In changing your password, we
recommend the following: use a password that uses both upper and lower cases
(the SYSTEM distinguishes between the two) and which also contains numeric
characters. Also, avoid using passwords
that are associated with personal identification, which would readily be
associated with you, such as social security numbers, addresses, date of birth,
and names of children. Passwords should
be memorized and not written down.
Data transferred via the SYSTEM
is protected using VeriSign, Incorporated, Secure Server 128–bit
encryption. According to RSA Date
Security, it would take a hacker a trillion x trillion years to break 128-bit
encryption using current technology. The
SYSTEM also utilizes identification technology to verify that the sender and
receiver of SYSTEM transmission 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 SYSTEM, or e-mail transmitted to and from
us, will not be monitored or read by others.
Furthermore, it is possible that as technology continues to develop, new
ways to decode encrypted messages will become available.
Fees and Charges – See the Fee Schedule for the
exact fees and charges. Such fees are
subject to change or increase from time to time upon 30 days prior written
notice. You agree that all such fees
and charges will be automatically 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. However, nothing
herein shall obligate the BANK to provide any services not covered by this
Agreement.
Posting of Transfers – Transfers initiated
through the SYSTEM before 4:45 p.m. (Central Time) on a business day are posted
to your account the same day. Transfers
completed after 4:45 p.m. (Central Time) on a business day, Saturday, Sunday,
or banking holiday, will be posted the next business day. The SYSTEM identifies transfers based upon
the Log-In 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 – If your account has
insufficient funds to perform all electronic fund transfers you have requested
for a given business day, then:
·
Electronic fund transfers involving currency disbursements,
like ATM withdrawals, will have priority;
·
Electronic fund transfers initiated through the SYSTEM
which would result in an overdraft or your account may, at our discretion, be
declined;
·
In the event the electronic transfers initiated through the
SYSTEM which would result in an overdraft of your account are not declined,
overdraft charges may be assessed pursuant to the terms of the deposit
agreement for that account.
Limits on Amount and Frequency of 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 agreement and disclosures for those accounts. If a hold has been placed on the 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.
External Transfers – External Transfers are
available for a fee with prior approval and separate disclosures.
First Online Bill Payment Services – 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 request 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.
You also agree that your SYSTEM bill payment will only be allowed from
checking or savings accounts. If you
use your savings account to pay your bill payments from, the limit of bill
payments allowed from your savings account is six payments each month. A fee will be assessed once you have
exceeded this limit. We reserve the
right to refuse to pay any payee designated by you. If we do so, we will notify you as soon as possible.
Scheduling SYSTEM Payments: Payees will be 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 later, often 5 to 10 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 handling of payments by
a third party, including but not limited to the bill payment payee’s to
properly or timely 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 4:45 p.m. (Central Time) on or before the date the payment
is scheduled to be debited from your account.
Stop-Payment Requests – Stopping the payment of
a check is different from the cancellation of a bill payment. Once the funds to make a bill payment have
been debited from your account, you CANNOT cancel a bill payment. You may, subject to applicable laws and
account agreements, initiate stop-payment requests online via the SYSTEM for
paper checks you have written on your BANK account(s) and SYSTEM Bill Payments,
and will be charged the then current fee for stop payment requests. Online stop payment requests, if received after
5:00 p.m. (Central Time) are processed by 9:00 a.m. the next business day
following the date the stop payment has been requested online. To be effective, this type of stop payment
request must precisely identify the name of the payee, the check number, the
amount, and the date of the check.
If you make your stop-payment
request online or by telephone, we will also require you to make a signed
written request within 14 calendar days after you call. You will incur stop-payment fees as
disclosed in the current fee schedule for the applicable account.
Confidentiality – 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 or your account for a third party, such
as a credit bureau or merchant, or
3. in order
to comply with government agency or court orders; or
4. as
described in our privacy policy disclosure, provided separately.
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 more strict
limitations on the frequency of dollar amount of transfers, we agree to give
you notice at least 30 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 term on the BANK
SYSTEM Website or forward it to you by e-mail or by postal mail. 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 agreements and
disclosures.
In case of Errors or Questions about
Your Electronic Transfers, including Bill Payments – Contact us as soon as
possible, 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 statement on which the problem or error
appeared.
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 Online Activity Screen.)
If you contact us by telephone or
by e-mail, we may, in our sole discretion, require that you send us your
complaint or question as a written request by postal mail or fax within 10
business days.
We will communicate to you the
results of our investigation within 10 business days (20 business days if the
transfer involved a new account) after you contact us 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 or a foreign-initiated transfer) to investigate your complaint or
question. If we decide to do this, we
will provisionally credit your account within 10 business days (20 business
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
in the form of a written request within 10 business days, we may not
provisionally credit your account. Your
account is considered a new account for the first 30 days after the first deposit
is made, unless each account owner already has an established account with us
before this account is opened.
If we decide that there is no
error, we will send you a written explanation within 3 business days after we
finish our investigation. You may ask
for copies of the documents we used in our investigation. If we have made a provisional credit, a
corresponding debit will be made from your account.
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 (up to the transfer amount and any late fee), caused as a
result. However, there are some
exceptions. We will NOT be liable, for instance:
·
If, through no fault of ours, you do not have enough money
in your account to make a transfer.
·
If a legal order directs us to prohibit withdrawals from
the account.
·
If your account is closed, or if it has been frozen.
·
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.
·
If you, or anyone authorized by you, commits any fraud or
violates any law or regulation.
·
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.
·
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.
·
If you have not properly followed the on-screen
instructions for using SYSTEM.
·
If circumstances beyond our control (such as fire, flood,
pandemic, interruption in telephone service or other communication lines)
prevent the transfer, despite reasonable precautions that we have taken.
·
In any event, our liability to you will be limited to the
lesser of the amount of the transfer requested or your actual damages, even if
we have been advised that they may be incurred.
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 your money in your
accounts. 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, and we can prove we could have stopped someone from using
your password to access your accounts with 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 immediately. 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 time
periods.
“Cash Management” – is a suite of online
services intended for commercial customers.
These services include the ability to send files securely to your
financial institution, the ability to pay taxes online, process external
transfers, process wire transfers, among other features.
However, the real power of Cash
Management lies in its ability to allow users to initiate funds transfer
between banks. The Cash Management
system takes advantage of the national ACH network for these funds transfer
capabilities.
ACH, or Automated Clearing House,
is one method of moving money between banks.
Two other methods of moving money that most people are already familiar
with are checks and wire transfers, both of which have their own advantages and
disadvantages. While checks are very
inexpensive for the account holder to write and use, they generally require a
period of a few days for the receiving account to be credited. Conversely, wire transfers move funds very
rapidly, posting payments to the receiving account on the same day; however,
these transfers are very costly for both the bank and the account holder.
A happy medium between these two
methods is ACH, which combines the cost-effectiveness of check writing with the
timely posting of wire transfers. Like
wire transfers, ACHs move through the Federal Reserve System-in fact, the only
real differences between wire transfers and ACHs are that ACHs cost less and
take slightly longer to post money to the receiving account, occurring in 1 or
2 days (as opposed to same day in the case of wire transfers). Another advantage of the ACH is the ability
to specify when the receiving account gets credit - so you can always be assured that your books are balanced because
there will never be outstanding credit, as there is when a recipient receives a
check that he or she does not cash.
The Accountholder (You) – You
are a business organization. As such,
you act through one or more authorized persons. You represent and warrant to the BANK that: (1) You are duly
organized, validly existing, in good standing, and qualified to do business
wherever qualification is required. (2)
the execution, delivery, and performance of this Agreement have been duly
authorized by all necessary corporate and other action on your behalf , (3)
this Agreement represents the legal, valid, and binding agreement of You, enforceable
in accordance with its terms (except as the same may be altered or affected by
laws of bankruptcy, insolvency, and creditor’s rights generally or by general
principles of equity) and, (4) this Agreement does not conflict with the
articles, agreements, regulations, or other constitutive documents of You or
any other agreement or legal requirement to which You are subject.
Authorized Persons – As a business
organization, you act by and through one or more individuals. It is your sole responsibility to take all
necessary measures and precautions to assure that only your authorized
representatives have access to the password.
You agree to assume this responsibility and to adopt all appropriate
security measures and procedures to protect your password. On your enrollment form you have designated
one specified individual (the “Initial Authorized Person”) to receive your
Default password and to establish your confidential password.
Disclosure 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 SYSTEMS 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 UNDER THIS AGREEMENT OR BY THE REASON OF YOUR USE OF OR ACCESS TO
THE SYSTEM, INCLUDING LOSS OF PROFITS, REVENUE, WARRANTY. FURTHER, IN NO EVENT SHALL THE LIABILITY OF
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 your name and
User ID by mail, or phone. Your access
to 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. All transfers
and other transactions which have already been initiated will be concluded in
accordance with this Agreement.
Our Right to Terminate – You agree that we can
terminate or limit your access to SYSTEM Services for any of the following
reasons:
·
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.
·
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.
·
Upon reasonable notice, for any other reason at our sole
discretion.
Communications between BANK and You – Unless
this Agreement provides otherwise, you can communicate with us in any one of
the following ways:
Secure Mailbox – You can contact us by using a
secure email box located inside the SYSTEM.
E-mail - You can contact us by e-mail
at:
customerservice@fnbmh.com for First
National Bank & Trust
customerservice@mybop.com
for Bank of Pocahontas
customerservice@integrity1stbank.com
for Integrity 1st Bank
Telephone - You can contact us by
telephone at:
870-425-2101
for First National Bank & Trust
870-892-5286
for Bank of Pocahontas
870-935-8400
for Integrity 1st Bank
Facsimile - You can contact by fax:
870-425-1884 for First National
Bank & Trust
870-892-4346 for Bank of
Pocahontas
870-935-8401 for Integrity 1st
Bank
or by Postal Mail:
P.O. Box 1928, Mountain Home, AR
72654-1928 for First National Bank & Trust
1 Bank Plaza, Pocahontas, AR
72455 for Bank of Pocahontas
P.O. Box 16420, Jonesboro, AR
72403-6402 for Integrity 1st Bank
In-Person - You may visit in person at any
one of our locations:
First National Bank & Trust
·
Main
Office – 502 South Hickory Street, Mountain Home, AR
·
Express
Office – 675 Highway. 62 NE, Mountain Home, AR
·
Gassville
Office – 701 E. Main, Gassville, AR
·
Lakeview
Office – 5748 Hwy. 178 West, Lakeview, AR
·
East
Office – 2696 Hwy. 62 East. Mountain Home, AR
·
Flippin
Office – 203 N. First Street. Flippin, AR
Bank of Pocahontas
·
Main
Office – 1 Bank Plaza, Pocahontas, AR
·
East
Office – 1608 Hwy 67 South, Pocahontas, AR
Integrity 1st Bank
·
Main
Office – 2212 Fowler Avenue, Suite B, Jonesboro, AR
·
Highland
Office – 400 E Highland, Jonesboro, AR
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 SYSTEM or by e-mail.
You agree to notify us immediately of any change in your e-mail
address.
First Online
Personal Accounts
Fee Schedule
Access....................... No
Charge
Bill Pay....................... No
Charge
Change of Address....................... No
Charge
Check Printing ....................... Fee
depends on style of check ordered
Check/Statement copies....................... No Charge
Direct Deposit....................... No
Charge
Savings Bond Ordering....................... No Charge
Statement Reconciliation....................... No Charge
Transfer Between Accounts....................... No Charge
External Transfers....................... $5.89
Stop Payments....................... $27.00
First Online
Business Accounts
Fee Schedule
Access....................... No
Charge
Change of Address....................... No
Charge
Check Printing....................... Fee depends on style of check ordered
Check/Statement Copies....................... No Charge
Statement Reconciliation....................... No Charge
Transfer Between Accounts....................... No Charge
External Transfers………………………………………………………… $5.89
Cash Management....................... $10
per month
........... Any Additional........... $.50
per bill
........... ACH Payments or Receipts........... $.25 each
........... Collections........... $.25
each
........... Payroll........... $.25
each
........... Tax Payments........... $.25
each
........... Stop Payments........... $25.00
each
........... Wire Transfers (Customers)........... $15.00 each
........... Foreign........... $50.00
each
........... Return Item Fee........... $3.00 each
........... Statement Reprint Fee........... No Charge
........... Fax Fee (long distance)........... $5.00