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Internet Banking Agreement Contact Information: First National Bank Please read the entire Agreement carefully before enrolling in FNBOnline or initiating any transactions. To have a copy of this agreement emailed to you or to get a paper copy mailed to you, please email your request to FNBOnlineSupport@fnb-bank.com. Please include your name and address. TABLE OF CONTENTS
This Agreement between you and First National Bank governs your use of our Internet Banking and Bill Pay Services (also known as "FNBOnline"). This product permits our customers to perform a number of banking functions on accounts linked to FNBOnline through the use of a personal computer. OUR INTERNET BANKING AND BILL PAY SERVICES ARE INTENDED FOR INDIVIDUALS 18 YEARS OF AGE OR OLDER. 2. Accepting the
Agreement If you have any questions about this Agreement, please contact our Operations Department. You can obtain a paper copy of this Agreement at any time. When you sign the FNBOnline Logon Request, you agree to the terms and conditions of this Agreement. 3. Governing Law and Relation to Other Agreements Accounts and services provided by this financial institution may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) or disclosures related to your account (s) and provided to you separately. FNBOnline is available to our consumer customers at no monthly charge for all account information services and transfers with the exception of the Bill Pay(NetPay) service. NetPay is an optional service available only for checking accounts. On the Logon Request form, you must specifically request to have the NetPay service added. You can also request this service at any time after enrollment by contacting us (contact information listed above). NetPay will have a monthly flat fee of $4.95 for up to
10 payments. Additional There is no charge for NetPay consumers with Generations
Gold Plus Checking accounts. You or Your - Refer to the person(s) subscribing to or using FNBOnline. We, Us, or Our - Refers to First National Bank and any agent, independent contractor, service provider, licensor, designee, or assignee First National Bank may involve in the provision of Internet Banking. Business Day - Refers to any calendar day other than Saturday, Sunday, or any holidays recognized by First National Bank. Bill payments are processed on all business days that the Federal Reserve Bank is operating and open for business. The Federal Reserve is closed for the observance of the following holidays; New Years Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. Business Day Cutoff - Refers to the cut-off time for posting purposes. Our cut-off time is based on our business days and the Eastern Standard Time Zone. For posting purposes, we will process all transactions completed by 6:00 PM on that business date. Transactions completed after 6:00 PM will be processed on the following business day. This excludes the FNBOnline Commercial Banking product and NetPay. The NetPay bill payment cutoff time is 11:45AM. Consumer / Customer - Refers to a natural person who has an eligible account at our Financial Institution with respect to which FNBOnline is requested primarily for personal, family, or household purposes. Electronic Funds Transfers (EFTs) - Refers to any transfer of funds initiated through FNBOnline instructing, or authorizing us to debit or credit your consumer account. EFTs do not include bill pays or debits which are originated by check, draft, or similar paper instrument. Bill Payments made electronically or via an EFT will be so designated within FNBOnline. If we authorize your account(s) for EFTs through FNBOnline, you have certain rights and responsibilities under the EFT Act (Reg E) which are further detailed in section 20 of this Agreement. Eligible Accounts - You must have an existing account with us to enable FNBOnline. An eligible account means any one of your account(s) to which we may allow access via FNBOnline under this Agreement. Only a Checking or NOW account may be eligible for bill payment privileges. We may make additional accounts available for bill pay from time to time as allowed by law. To be an eligible account for FNBOnline, the account must be titled in your name either individually or jointly. In addition, if you want to initiate bill payments, or transfer requests from an eligible account(s) through FNBOnline, you will also need the required withdrawal authority over the account in order to complete the transaction. If your account(s) require two signatures for withdrawal, we may only grant view privileges to your eligible accounts through FNBOnline. When using FNBOnline, you agree to maintain one or more eligible accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to FNBOnline. Joint Accounts - If the accounts added to FNBOnline are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your FNBOnline ID and FNBOnline Password are authorized unless we have been notified to cancel FNBOnline. Service Hours - You can use FNBOnline seven days a week, 24 hours a day although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to FNBOnline may be slower at times due to high Internet traffic or other factors beyond our control. We are not responsible for any delays or difficulties you may have in accessing FNBOnline or certain features. 6. Featured Internet Banking Services Our service will allow you to access your eligible accounts. The following features are currently available.
We may add or remove certain features and/or functionality available from time to time. 7. Requirements for Enrolling in FNBOnline Prior to enrolling in FNBOnline and accepting this Agreement, you should verify that you have the required hardware and software necessary to access FNBOnline. You will need the following:
If we revise hardware and software requirements, we will notify you of these changes 30 days in advance and provide you an opportunity to cancel FNBOnline. Virus Protection: You should routinely scan your PC and diskettes using a reliable and updated virus detection product. Undetected or unrepaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. You are solely responsible for the maintenance, installations, and operation of your computer. This financial institution shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software, nor will we be responsible for any computer virus that affects your computer or software while using FNBOnline. With your acceptance and your use of FNBOnline, you agree that we shall not be liable for any indirect, incidental, or consequential costs, expenses, or damages (including lost savings or profit, lost data, business interruption, or attorney’s fees) resulting from any errors or failures from any malfunction of your computer or any virus or computer problems that you may encounter related to the use of FNBOnline. 8. Secure MessagesWhen you enroll in FNBOnline, we may send you a "Welcome" message. We will also send you secure messages through FNBOnline regarding important Internet Banking matters and/or changes to this Agreement. We must maintain your current email address in order to deliver this information to you. You can notify us of email address changes through the "Options" menu in FNBOnline. You can also contact us regarding such changes via telephone, in person, or handwritten letter. You can send information to us at: PO Box 248, Cloverdale,
IN, 46120 Privacy Statement - We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for FNBOnline. Our customer privacy notice can be obtained from our website at www.fnb-bank.com. FNBOnline utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to FNBOnline, our Operations department will verify your identity and authorization against information associated with the eligible account(s) that you request to be tied to FNBOnline. The approval process may include an inquiry into your past banking relationships as well as a review of your credit history. FNBOnline IDs and FNBOnline Passwords - One of the main security features protecting FNBOnline is the unique combination of your FNBOnline ID and FNBOnline Password. After the first logon, you determine your own FNBOnline Password, which is encrypted in our database. No one at this financial institution has access to this information. Because your FNBOnline Password is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a FNBOnline Password that is hard to guess. All FNBOnline Passwords must have six characters or more and contain at least 1 alpha and 1 numeric character. Keep your FNBOnline Password safe. No Financial Institution employee will contact you via telephone or via email requesting your FNBOnline ID or FNBOnline Password. If you are contacted by anyone requesting this information, please contact us immediately. Memorize your FNBOnline Password and do not write it down. You will need to change your FNBOnline Password every 90 days. This can be done at any time from the "Options" menu after you log on to FNBOnline. If you disclose your FNBOnline Password to anyone, and/or if you allow them to use the FNBOnline Password to access your accounts, you are authorizing them to act on your behalf and you will be responsible for any use of the system by them (i.e., such as when you provide this information to a joint account holder and/or an aggregation service provider). By accepting the terms of this agreement you acknowledge your responsibility for protecting the confidentiality and security of your FNBOnline Password and FNBOnline ID and you agree to change it periodically. You agree that we are authorized to act on instructions received under your password and you understand that we will not be liable for any losses resulting from your permitting other persons to use your FNBOnline ID and FNBOnline Password to access FNBOnline. If you notify us that the person is no longer authorized, transactions that are performed after the time you notify us are considered unauthorized. Log-On Security - To help prevent unauthorized access to your accounts your online session will end if we detect no activity for 10 minutes. This is to protect you in case you accidentally leave your computer unattended after you logged on. When you return to your computer, you will be prompted to re-enter your FNBOnline Password. In addition, your account will be disabled after three unsuccessful login attempts within a 24 hour period. Your account may only be reactivated by contacting your local First National Bank office. Encryption - FNBOnline uses the Secure Socket Layer (SSL) encryption technology for everything you do while using FNBOnline. Your browser automatically activates this technology when it attempts to connect to FNBOnline. FNBOnline currently supports 128-bit key length. Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet. In addition to the security features described above, there may be other security related notices posted on our website or Internet Banking Service from time to time. It is your responsibility to read all security notices. You must complete the enrollment process to use FNBOnline. You can enroll in any of our offices. After receiving a completed and signed Logon Request, our Operations department will verify the information you submit for accuracy and proper authorizations. Within a few days, you will receive a confirmation letter in the mail with additional information regarding your account activation and how to activate FNBOnline. You may begin using FNBOnline only after it has been activated. Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. Transfers will be processed within one business day of the completed transfer request if the request is made after 6:00 PM. The balances are updated periodically and the system will display the most current "as of" date on the "accounts" summary page. There may be situations that cause a delay in an update of your balances. The system will use the most current balance available at the time of a transaction to base our approval for bill pays and account transfers. 13. Bill Payment and Transfer Limitations: You may use FNBOnline to check the balance of your eligible account (s) and to transfer funds among your accounts at this financial institution. However, current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as money market and savings accounts. For these types of accounts, you may not make more than six (6) pre-authorized EFTs, computed initiated transfers, telephone transfers, checks, and point-of-sale transactions during a given monthly statement period. Of these six transactions, you are limited to only three transactions by check or point of sale. Transfers and bill pays authorized by personal computer through FNBOnline are counted toward the six permitted monthly transfers. Federal Regulations currently place no limits on the number of transfers or bill payments from your checking account; therefore this financial institution currently limits the NetPay service to only checking or NOW accounts. (a) Enrolling in NetPay You can request access to our bill payment services during the enrollment process by circling the ‘YES’ next to NetPay. (b) Getting Started In order to pay bills online, you will need to set up your payees by choosing from the database of vendors (payees) that already exist, or you can schedule a payment by entering the necessary payment address information and a check will be mailed to them. (c) Payee Limitation We will process all payments to payees that have a US Postal address. Due to liability issues, we will not accept payments to federal, state or local tax agencies, or payments to settle securities transactions. The Bank reserves the right to refuse to pay any person or entity to which you may direct a payment. The Bank is obligated to notify promptly if it decides to refuse to pay a person or entity designated by you. This notification is not required if you attempt to pay federal, state or local tax agencies, or payments to settle securities transactions, which are prohibited under this Agreement. Otherwise, there are no restrictions on whom you pay or how many payees you may establish. The bill payment service will allow you to see a history of all the payments made from your accounts. (d) Authorization to process an electronic bill payment When you schedule or edit a bill payment, you authorize this financial institution to withdraw the necessary funds from your account on the date you schedule the payment to be initiated. If you schedule a payment after the cut-off time and/or if the scheduled payment day falls on a holiday or non-business day, the bill payment will normally be charged to your account the following business day if there are sufficient funds in your account. (e) Limits on Bill Pays If a bill payment results in an overdraft to your eligible account, we may assess a per item overdraft charge pursuant to the most current fee schedule previously provided to you. If for any reason a scheduled payment processed through FNBOnline is declined, it will automatically be rescheduled for the following business day. FNBOnline will continue to attempt to pay the bill on the following three business days until there are sufficient funds in your account, overdraft line of credit, or until you cancel or reschedule the payment. If your account does not have sufficient funds to issue the scheduled payment, you may be charged an insufficient funds charge. (f) Information Authorization You agree that the First National Bank reserves the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment-posting problems. Payments can be entered as a one-time or recurring transaction. Payments may be scheduled for the current business day or any date in the future at any time of day, but they will only be processed once a (business) day before our cut-off time. You may add a payment to be made on that (business) day until 11:45 EST and edit an existing payment until 11:45 EST. If you attempt to schedule a payment for that (business) day after the cut-off time, the system will notify you that you need to change the date to the next business day. Anything scheduled on a non-business day, or after the cut-off time, will not be sent out until the following business day. Payments that you make through FNBOnline are processed either electronically or by check. In general, the system will attempt to tell you when you can expect the payment to be received by the payee. Since we must forward the funds and billing information to the payee, some lead-time for payments is necessary. Payments made electronically are generally received and credited by your Payee within three (3) to five (5) business days. Payments made by check are generally received and credited by your Payee in five (5) to seven (7) business days. Our Service assumes the payee/vendor will promptly process the payment on the business day it is received. Any delays caused by the payee/vendor could result in additional days before the payment would show on their records. If the Bill Payment processing agent or this financial institution has to send a paper check through the US Postal system, we suggest that you schedule the payment at least seven (7) business days prior to the payee’s due date. If the payee accepts electronic payments, we suggest that you schedule the payment at least five (5) days prior to the payee’s due date. In all cases, the payment should be delivered to the payee/vendor and credited to your account at least by the tenth (10th) business day after the payment was approved and charged to your account. We can only open an unposted research request if it has been 10 business days or more. By using this Service, you authorize us, and any third-party payment-processing agent we may use, to choose whatever method we feel is the most effective method to process your transaction. The suggested time frames for scheduling payments generally will be determined by the way the payment is sent to the payee. 16. Canceling or Changing Bill Payments/Transfers You cannot cancel a Bill Payment or transfer after it has been entered into the system and the information has been processed and/or transmitted to us; however, you can change a payment or transfer that is still "pending". In some circumstances, we may be able to stop a Bill Payment that is issued by paper check. You must notify this financial institution as soon as possible if you want to cancel such a payment as we need sufficient time to notify the Bill Payment processor. We cannot stop payment on a payment that has already been sent electronically. To stop a Bill Payment issued by check, notify your nearest First National Bank location. If you request cancellation or stop payment on a Bill Payment issued by check, we may charge a stop payment fee. However, there is an alternative, less expensive method for canceling or changing a pending transfer or bill payment that has not been submitted for processing. To use this method, follow the procedures below:
You can send us a secure message through the Contact tab or call us for assistance at: 765-795-5711 or 866-310-6480(toll free) If you request our assistance, we must receive your request three business days or more before the transaction is scheduled for processing. If you call, we may also require you to put your request in writing and return to us within 14 days after the call. 17. Our liability for failure to Cancel or Stop the Payment If you attempt to cancel a transfer or payment in accordance with the instructions in section 16 and we do not do so, we will be liable for your losses or damages. However, in no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental, special, or consequential damages. 18. Other Features Available through FNBOnline (a) Stop Payment Feature The stop payment feature within FNBOnline should not be used to cancel Internet transfers and bill payments. The stop payment feature within FNBOnline is only for stopping payments on checks that you have written. This feature is accessible through the "ACCOUNT", "Select Activity’ menu and it provides you a means to securely forward your stop payment requests to us for processing. You will need to print the request, sign it, and return it to First National Bank within 14 days. There would typically be a stop payment fee associated with this service. Please refer to our fee schedule for additional information on fees and service charges associated with stop payments. Additional terms of acceptance or disclosures may apply on the Stop Payment service and these disclosures will be made at the time you complete the request. (b) Secure Messages These services are also currently available. The secure message feature(Contact tab) provides a means for you to forward various types of requests to us in a secure manner. Generally, requests received through the secure message feature of FNBOnline will be processed within one to two business days using procedures that we would use to handle similar requests received by mail or fax. For urgent requests, such as those for NetPay bill pay stop payments sent by paper check, we recommend that you contact us directly by telephone or in person. The EFT Act, most commonly known as Regulation E, provides consumers with certain rights and responsibilities with respect to EFTs initiated through our Internet Banking Service. Please read the following EFT disclosures carefully. You should print a copy of this information for future reference. (a) Errors or questions regarding EFT transactions In case of Errors or Questions about your electronic transfers contact us:
Contact us as soon as you can if you think your statement or account history is wrong, or if you need more information concerning an EFT transaction in your statement and/or history. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. If you believe your FNBOnline ID, or FNBOnline Password has been compromised, lost, or stolen, or that someone has transferred or may transfer money from your account without your permission, contact us immediately via any of the methods noted above. Please include the following information in your notification:
For a NetPay bill payment error tell us:
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred 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 credit your account within 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 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. (b) Consumer Liability for Unauthorized Transfers Tell us IMMEDIATELY if you believe your FNBOnline ID or FNBOnline Password has been lost or stolen. Contacting us by telephone is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you believe your FNBOnline Password has been compromised, lost or stolen and you tell us within two business days after you learn of the loss or theft, you may only lose a maximum of $50 if someone did indeed use your FNBOnline Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your FNBOnline Password and we can prove that we could have prevented someone using your FNBOnline Password without your permission if you had contacted us within the two business days, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us immediately. If you do not tell us within 60 days after the statement was mailed to you, you may not be refunded for any money you lost after the 60 days if we can prove that we could have prevented someone from transferring the funds if you had contacted us within the 60 days. If a valid reason (such as a long trip or a hospitalization) kept you from telling us, we will extend the time periods on a case by case basis. If you believe your FNBOnline Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write to us pursuant to section 19. (a) - Errors and Questions. Please remember that when you give someone your FNBOnline ID and FNBOnline Password, you are authorizing that person to use FNBOnline and you are responsible for all transactions the person performs using FNBOnline with your FNBOnline ID and FNBOnline Password. All transactions performed by that person, including transactions that you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then transactions that person performs after the time you notify us are considered unauthorized. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. For your protection, safeguard your FNBOnline ID and FNBOnline Password and sign-off after every Internet Banking session. A consumer has no liability for erroneous or fraudulent transfers initiated by an employee of a financial institution. (c) Other Problems If you believe an error, other than an EFT problem or unauthorized transaction has occurred, you can call us at:
(d) Disclosure of Account Information to Third Parties We will disclose information to third parties about your account or the transfers you make:
Please refer to our privacy notice here for additional detail on disclosure of account information. (e) Our Liability for Failure to Complete Transactions If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable if any of the following occurs:
In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a Timely Payment and we will not be liable for any incidental, special, or consequential damages. There may be other exceptions stated in our deposit account agreements with you. We will be liable for damages, as specified below in part (f) where the system caused a bill payment delay or failed to process a bill payment by the tenth business day following the date your account was charged for the payment. (f) Payment Guarantee We will reimburse you up to $50 per payment for any late payment fees or penalties you are charged as a result of the Payee/Vendor not receiving a payment by the Due Date if all the following apply:
(g) Documentation And Verification Of Payments And Transfers Information regarding Internet Banking transactions will be reflected in the account detail and account history sections of FNBOnline and in your regular monthly account statement(s). At any time, we may cancel all or part of FNBOnline services that we generally offer. Access to FNBOnline may be cancelled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Internet Banking or Bill Payment activity for a period of four (4) consecutive months, Internet Banking/FNBOnline accessibility will automatically terminate. You will remain responsible for all transactions approved by the system prior to the cancellation, and for any other fees associated with FNBOnline. After cancellation, service may be reinstated once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate services, you must call our Operations department. You may terminate the use of our Service by contacting us via US mail, e-mail, personal delivery or telephone. If you terminate the Bill Pay service, you authorize us to continue making payments and other previously authorized transactions until we have a reasonable opportunity to act upon your termination notice; you also agree to pay all applicable fees and charges. Once we have acted on your notice, we have no further responsibility to make any payments or previously authorized transactions. You may not assign this agreement to any other party. We may assign or delegate, this agreement in part or whole, to any third party. Our service is a product of Jack Henry and Associates, Inc 23. Amendments We will provide notice of all future amendments to the Internet Banking Agreement by posting them on our website for at least 90 days. If the changes have an adverse affect on you or FNBOnline, we will provide you at least 30 days prior notice in writing or by email. Amendments or changes to term(s) and/or condition(s) may be made without prior notice if it does NOT result in higher fees, more restrictive service use, disclosure of additional account information to third parties or increased liability to you. Also, if a change in term(s) or condition(s) is necessary to maintain or restore the security of our system or your account(s), no advance notice is required. Upon notification of any change in terms, if you do not agree with the change(s), you must notify us in writing or via email to cancel your access to FNBOnline. Your continued use of the affected change in Service constitutes your agreement to the amendment(s). In the event of a dispute regarding FNBOnline, you and First National Bank agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and First National Bank which supersedes any proposal or prior agreement, oral or written, and any other communications between you and First National Bank relating to the subject matter of this Agreement. If there is a conflict between what is stated by a First National Bank employee and the terms of this Agreement, the terms of this Agreement shall control. This Agreement is the complete and exclusive agreement between you and First National Bank related to FNBOnline and supplements any other agreement or disclosure related to your Account. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Account or any statement by our employees or agents, this Agreement shall control. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflicts of laws provisions. When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account, or the account on with the item is drawn, without requiring your signature on the item and without any notice to you. |
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