You must read and agree to this document before applying for FirstNet Teller Internet Banking and/or Bill Pay services.
Internet Banking Agreement and Disclosure
This Internet Banking Agreement and Disclosure Statement (Agreement) covers the use of First National Bank’s Internet Banking Services and includes certain disclosures for electronic fund transfers. This Agreement is a contract between you and First National Bank, and you should read this Agreement carefully and keep it with your other account records for future reference. This Agreement, in conjunction with your Fee Schedule, Electronic Fund Transfer Disclosure, Depository Agreement and Disclosure Statement for Consumer and Commercial Accounts, and any other supplemental disclosures First National Bank provides you from time to time, is a contract between you and the Bank. By using or allowing others to use the Services, you agree to abide by and be bound by the terms and conditions of this Agreement. The Internet Banking Services we are capable of handling are indicated below (although some may not apply to your accounts). Please read this Agreement carefully because it tells you your rights and obligations for use of the Services. When you use our Services or you permit another person to use our Services, you agree to the terms and conditions we have set out in the Agreement and any instructional material that we provide you regarding the Services.
In this agreement, the words “we”, “us”, and “our” mean First National Bank. The words” you” and “your” mean each person who establishes an Internet Banking Account with us who uses or is authorized to use an internet banking identification number and password or other means of access we establish or approve. “Authorized Account” means the primary account designated by you that will be debited for all payments initiated through the Service. “Bill Pay” means our Internet Bill Payment service that allows you to direct payments from your designated Bill Pay checking account to third parties you wish to pay. “Business Day” means Monday through Friday, Holidays are not included. “Eligible Account’ means any account allowed to be accessed by the Service. “Payee” means one or more third parties that have been selected by you in advance to receive payment through the Service. “Service(s) means our services that allow you to obtain account information, transfer funds, make payments including our “Bill Pay” service, access accounts, and perform other transactions over the Internet by use of a personal computer and modem and/or other means we authorize or allow.
Access to Services
Our Services are for authorized use by First National Bank customers only. Attempted unauthorized access is a violation of federal law and will be prosecuted to the full extent of the law. You must have at least one eligible personal deposit, credit, or other account type with us. You may not designate any account that requires more than one signature for withdrawals. You must be the owner of this account (or accounts). Your accounts with us must be in good standing. For Bill Pay services, you must have a checking account that will be designated as the account from which bill payments will be made.
Accounts Eligible for Service
We may change from time to time the accounts that may be designated as Eligible Accounts. We also reserve the right (i) to refuse to include any account among your Eligible Accounts, or (ii) to allow transactions between or among Eligible Accounts under certain circumstances as provided in this Agreement or as may be required by applicable law.
To access our Service you must use the Identification Code and Personal Identification Number (PIN) we establish or provide for your Internet Banking Account. Upon initial access of the account, you are requested to change your PIN. For your protection, we recommend that you do not use the same PIN for these Services that you use on other bank and non-bank products. You are responsible to protect your Access Codes from unauthorized access. Anyone to whom you provide your Access Codes will have full access to your accounts even if you attempt to limit that person’s authority. You agree not to allow anyone to gain access to the Services or to let anyone know your Access Codes used with the Services. If you save your Access Codes on your computer, you will be liable for any transactions initiated through the Service by use of these codes (The login page provides instructions on disabling the automatic save feature contained on certain web browsers). You agree to assume responsibility for all transactions initiated through the Service with your Access Codes, up to the limits allowed by applicable law.
Consumers Liability for Unauthorized Transfers
If your Access Codes have been lost or stolen or you believe an unauthorized person is accessing your accounts, call the following numbers 870-239-8521 in Paragould or 870-974-9800 in Jonesboro or 870-857-3592 in Corning or 870-598-1362 in Piggott, OR WRITE US AT: First National Bank, Internet Banking, P.O. Box 700, Paragould, AR 72451-0700. Telephoning us immediately is the best way of minimizing your possible losses. You can lose no more that $50 if you notify us within two (2) business days of discovering any unauthorized use of the Services or your Access Codes. However, you can lose as much as $500 if you do not notify us within (2) business days of discovering the unauthorized use and we can prove that we could have stopped the unauthorized use had we been notified. Also, if your statement shows activity that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the sixty 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 an extended trip or a hospital stay, kept you from telling us, we will extend the period.
Incorrect Transactions on Your Statement
In case of errors or questions about your electronic transfers, call us at: 870-239-8521 in PARAGOULD or 870-974-9800 in JONESBORO or 870-857-3592 in CORNING or 870-598-1362 in PIGGOTT, OR WRITE US at: FIRST NATIONAL BANK, P.O. BOX 700, PARAGOULD, ARKANSAS 72451-0700 as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we send you the first statement on which the problem or error appeared. 1) Tell us your name and account number. 2) Describe the error or the 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. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within (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 45 days to investigate your complaint or question. If we decide to do this, we will re-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 writing and we do not receive it within ten (10) business days, we may not re-credit your account. If we decide that there was no error, 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 that we used in our investigation. For suspected loan transaction errors, you do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question.
You must have enough available funds in any account from which you instruct us to make a payment or transfer. If the date you schedule a payment to be made is a holiday, funds must be available in your account the following business Day. Scheduled payments that fall over a weekend will be processed on Friday evening. If any of your Eligible accounts are HIFI or savings accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more that six (6) during a calendar month or statement cycle. You agreed to the Withdrawal Account Procedures in your Depository Agreement and Disclosure Statement for Consumer and Commercial Accounts when you opened your First National Bank accounts made after 4:30 CST will be processed on the next business day. Business days are Monday through Friday. Holidays are not business days.
Transfers and Bill Payment - Your Responsibility
You are responsible for all transfers and bill payments you authorize using the Services. If you permit other persons to use the Services or your Access codes, you are responsible for any transactions they authorize from your linked eligible accounts. You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you have given someone your Access Codes and want to terminate that person’s authority, you must change your Access Codes to prevent further access by such person. You agree that when any transfer, bill payment, or other transaction is generated by the Services, we may debit your designated account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you.
Bill Payments and Transfers - Our Responsibility for Completing
If we, or a third party acting as our agent, do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we are responsible except. 1) If, through no fault of ours, you do not have sufficient funds in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds. 2) If any payment on transfer would go over the credit limit of any account. 3)If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction. 4) If you have not given us complete, correct or current account numbers, other identifying information, or instructions so that we can properly credit or debit your account or otherwise complete the transaction. 5) If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware. 6) If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due as described in the Bill Payments Deadlines section. 7) If a timely Bill Payment or transfer is to be made is subject to legal process or other claim that restricts access to the funds. 9) If we or an agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed. 10) If circumstances or persons beyond our or our agent’s control prevent, delay, intercept, or after the making of a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, computer failure, telecommunications breakdowns or interruptions, labor disputes, delays caused by payees, interruption of service by ATM or other payment networks, fires, floods, and other natural disasters. 11)This Agreement has been terminated. 12) Applicable law prevents completion of the transfer.
Limitations of Bill Payment Services
Your ability to initiate transactions through the Bill Payment Service is subject to the limitations noted in First National Bank’s Depository Agreement and Disclosure Statement for Consumer and Commercial Accounts, copies of which were provided to you upon opening your account and the following limitations: 1)You may not make a payment of alimony, child-support, taxes, or other court-directed or governmental payments, fines, or penalties or a payment to settle a security transaction through the Service. 2)You may not initiate a payment to a Payee that does not have a U.S. payment address. 3)You may not make a payment in anything other than U.S. dollars. 4)Any other limitations which are listed in this agreement. 5)Any other limitations which we may impose in the future.
Bill Payment Limits
Bill Payments are limited to the available balance in your account. The available balance may include Bounce Protection overdraft privilege. Insufficient charges may apply for payments that exceed the current ledger balance in your account.
Bill Payment Deadlines
You must schedule a bill payment ten (10) business days prior to the Payee’s due date for check payments and four (4) business days prior to the due date for electronic payments to allow for proper and timely posting to your payee accounts. This means you must schedule the payment date to be either 10 or 4 days, as applicable, prior to the due date.
Bill Payment Stop Payments
Once you enter a payment into the First Net Teller Bill Payment system, the payment may be deleted prior to the processing time at no charge. Our Bill Payment processing times are 12:00 noon and 2:00 a.m. CST. If you wish to stop a payment after the processing time has passed, you must enter the stop payment either through the First Net teller system or by contacting our customer service department. A stop payment fee will be assessed for payments stopped after the processing time has passed.
Identification of Payees
You are responsible for providing accurate and sufficient information about each Payee, as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct account to credit with your payment. By providing the Bill Pay service with the names, addresses, phone numbers, and account numbers of those Payees to whom you wish to direct payments, you authorize us to follow the payment instructions that we receive from you through the Service. We are entitled to rely on the accuracy of all information you provide, and we are not responsible for losses due to inaccuracies in such information, From time to time, we may set or change the number of Payees you may designate to receive payments through the Service for security reasons.
Bill Payment Responsibility
You are responsible for having sufficient funds in your account(s). You are liable for our standard fees associated with overdrafts in your account or for insufficient funds (NSF’s). If your account does not have sufficient funds to make a payment as of the scheduled date, the transaction will be treated like any other check that you write. Should the item be returned, a hold may be placed on your bill payment service and NSF fees will apply. In severe or habitual situations, your access to the Internet Banking Services may be revoked and your account with First National Bank closed. In the event you have sufficient funds to make some, but not all, scheduled payments, we, or our agent may, in our sole discretion, determine which payments to complete.
90-Day Usage Rule For Bill Pay
If you do not use the Bill Pay service at least once every 90 calendar days then the Bill Pay service will be discontinued.
Service Charge for Bill Pay
The bill pay service charge as of June 2005 is as follows: There is no monthly service fee and no per item fees for the first 25 payments per monthly statement cycle. Each bill payment in excess of 25 payments per statement cycle is subject to a 50 cent per item service charge. We reserve the right to change this service charge upon prior and proper notification to you of any new Service Charge.
Limitation of Liability
You agree that we are not responsible for any computer virus, worms, Trojan horses, or related problems that may be associated with the use of an on-line system. We recommend that you routinely scan your PC and diskettes using a reliable virus detection product to remove any viruses found. You agree that each party shall bear the liability or the risk of any error or loss of data, information, transactions or other losses that may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall not be liable for any losses resulting from circumstances over which we have no direct control, including, but not limited to, the failure of electronic or mechanical equipment or communications lines, telephone or other interconnect problems, operator errors, log-in sequences, severe weather, earthquakes, floods and other such events. You acknowledge that there are alternative methods for accessing the services, you will attempt to access such information and conduct such transactions by such alternative methods. You agree that we are not liable for punitive, exemplary, consequential, indirect, remote or special damages. In no event shall we be liable for damages that exceed your actual loss due to our failure to complete a transfer, and we shall not be liable for any indirect, incidental, or consequential damages. For Bill Payment customers, our liability to reimburse payee-imposed late fees, provided the payment was scheduled and made in accordance with the above requirements, shall not exceed $50. We may attempt on your behalf to have a late fee reversed or waived. We have no liability for late fees for payments not initiated following the instructions defined in this agreement or provided in other instructional materials regarding the Services. There may be other exceptions to our liability as stated in your depository or credit agreement and as provided by applicable law.
You will be mailed periodic statements for your account(s) as regularly provided for in the depository or credit agreement applicable to your accounts. Your statements will reflect any transfers or bill payments you authorize using the Service.
Interruptions in Service
We may periodically perform maintenance on our equipment or system that may result in a temporary interruption of service or errors in the Service. We may also change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.
Alterations and Amendments
The terms of this Agreement, along with applicable fees and service charges, may be altered or amended by us from time to time. In such event, we shall send notice, as prescribed by appropriate law or regulation, to you at your address as it appears in our records. Any use of the Services after we send you a notice of change will constitute your agreement to such change(s), which will become effective immediately. If you do not agree to the change or amendment, you must discontinue use of the Service to which the change or amendment relates, or cancel your access to the Service. Further, we may, from time to time, revise or update Services and related written material and may render all prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Services and/or related written material and limit access to the Service’s more recent revisions and updates.
In order to maintain secure communications and reduce fraud, you agree to protect the security of your Access Codes. We reserve the right to block access to the Services if we reasonably believe the confidentiality of your access codes may have been compromised and/or that they may be being used by an unauthorized person. We also may require you to utilize internet browser software meeting certain minimum-security requirements in order to access our Services.
If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Termination or Discontinuation
We may terminate this Agreement and any services provided hereunder at any time without notice if we reasonably believe you are violating any of the terms and conditions of the Agreement. Otherwise, either you or we may terminate this agreement and any service provided hereunder at any time by giving at least ten (10) business days prior written notice of termination to the other party. If you terminate a transfer or Bill Pay service, you authorize us to continue making transfers, payments, and other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice. Once we have acted on your notice, we have no responsibility to make any transfers, bill payments, or other transactions you may have previously authorized. In the event you wish to discontinue the Service, you must contact First National Bank in writing at the following address: First National Bank, Internet Banking, P.O. Box 700, Paragould, AR 72451-0700.
You may not assign this Agreement to any other party. We may assign this Agreement to any future, directly or indirectly, affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
This agreement shall be governed by and interpreted under the laws of the State of Arkansas and any applicable Federal Laws.