This Agreement, which includes the Fee Schedule and Enrollment Form, is a contract which establishes the rules which cover your electronic access to your accounts at First National Bank in Fairfield ("Bank"), through Business Internet Banking System ("SYSTEM"). By using SYSTEM, 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 Bank accounts, as well as your other agreements with Bank such as loans or ACH Origination Agreements, continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of Iowa (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 successors and assigns and Bank's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement, that by their nature would continue beyond the termination, cancellation or expiration of this Agreement, shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and Bank with respect to the accounts you designate for access through Business Internet Banking, 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 National Bank in Fairfield. "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. "Corporate Security Administrator" or "CSA," refer to a person or persons within your organization that you have indicated on the Enrollment Form will have full rights to the account(s) indicated on the Enrollment Form, as well as, the ability to add, delete, and modify additional persons to access the account(s) listed. "User," means any person set up on the SYSTEM by the CSA. "Account" or "accounts," means your accounts at Bank. "Electronic funds transfers," means preauthorized transactions, transfers to and from your Bank accounts, using SYSTEM including bill payments and ACH transfers. "Wire Transfers," refers to your order to pay a specific beneficiary at another financial institution. "SYSTEM Services," means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business day" and/or business hours means Monday through Friday from 9:00 a.m. to 4:00 p.m. central time, excluding Federal Holidays.
E-SIGN ACT AND BUSINESS INTERNET BANKING ACCESS:
MINIMUM SYSTEM REQUIREMENTS FOR INTERNET BANKING: To use our Internet Banking service, you must have a computer that meets the following minimum requirements: 133 MHz processor, 64 Mg of memory, 56k modem, 800x600 screen resolution. (The product may run on less than these minimums, but your response may be slower.)
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 Bank's website or by e-mail. You agree to notify us immediately of any change in your e-mail address.
ACCESS: To use SYSTEM, you must have at least one account at Bank, access to Internet service, and a valid e-mail address. To use Bill Pay you must have at least one checking account at Bank. You must contact your account representative to enroll in SYSTEM. Once we have received your signed Enrollment Form, and verified your account information, we will deliver to you, either in person or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID. Your Corporate Security Administrator (CSA) will be required to personally pick up the starter password, unless other arrangements have been specifically made. SYSTEM can be used to access only the Bank accounts which you have designated for access by SYSTEM in your Enrollment Form. You can add or delete any of your Bank accounts from this Agreement, by completing a new Enrollment Form. Access to your accounts through SYSTEM, will be based upon the identification of users and authority levels assigned by your CSA. Your CSA will be identified and authorized by you in the Enrollment Form, and any changes to that position require a new Enrollment Form be completed. We undertake no obligation to monitor transactions through SYSTEM to determine that they are made on behalf of the accountholder.
HOURS OF ACCESS: You can use SYSTEM seven days a week, twenty-four hours a day, although some or all SYSTEM 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 Bank's website.
SYSTEM SERVICES: You can use SYSTEM to check the balance of your Bank accounts, view Bank account histories, transfer funds between your Bank accounts, and make payments to your Bank loan from your Bank account. Additional services may be added by contacting your account representative.
YOUR PASSWORD: For security purposes, all starter passwords are required to be changed upon initial login to SYSTEM. Users determine what their password will be, and the identity of passwords is not communicated to us. You agree that we are authorized to act on instructions received under all your passwords. You accept responsibility for the confidentiality and security of your passwords and agree to change your passwords regularly. Upon three unsuccessful attempts to use a password, access to SYSTEM will be revoked. Users must contact your CSA to have their password reset or to obtain a new temporary password, to re-establish your access to use SYSTEM. A CSA must contact the Bank at 641-472-4121 during business hours, to have his/her password reset. We recommend that passwords utilize both upper and lower case alpha and numeric characters for purposes of security. Passwords 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.
SECURITY: You understand the importance of your role in preventing misuse of your accounts through SYSTEM and you agree to promptly examine your statement for each of your Bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your identification information. You understand that identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Passwords and login IDs are intended to provide security against unauthorized entry and access to your accounts. Data transferred via SYSTEM is encrypted in an effort to provide transmission security and SYSTEM utilizes identification technology to verify that the sender and receiver of SYSTEM transmissions 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 Bank SYSTEM, or e-mail transmitted to and from us, will not be monitored or read by others.
PERIODIC STATEMENTS: You will not receive a separate SYSTEM statement. Transfers to and from your accounts using SYSTEM will appear on the respective periodic statements for your 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 SYSTEM service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 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 terms on the Bank's website, or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize 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 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.
YOUR RIGHT TO TERMINATE: You may cancel your SYSTEM service at any time, by providing us with written notice by postal mail or fax. 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.
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, in 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 in our sole discretion.
ELECTRONIC TRANSFERS, BILL PAYMENT, AND OTHER SYSTEM TRANSACTIONS:
POSTING OF TRANSFERS: Generally, transfers initiated through SYSTEM on a business day, are posted to your account the same day. Transfers completed after 5:00 p.m. (Central Standard Time) on a business day, may be posted on the next business day. Transfers initiated on a Saturday, Sunday, or banking holiday, will be posted on the next business day. SYSTEM identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in both the Transfer and Bill Payer menu options of SYSTEM, may not reflect transfers made by multiple users from the same account, if different login IDs are used. 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.
REQUEST FOR WIRES AND ACH: Must be received before 2:30 p.m. (wires) or 3:00 p.m. (ACH) (Central Standard Time), to be processed the same day.
OVERDRAFTS (ORDER OF PAYMENTS, TRANSFERS, AND OTHER WITHDRAWALS): In the event one or more electronic fund transfers initiated through SYSTEM would result in an overdraft of your account, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
LIMITS ON AMOUNTS 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 disclosure for those accounts. 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.
SYSTEM BILL PAYMENT SERVICE: You must designate the Bank checking account from which the payments are to be made, the complete name of the payee, the account number, and the payee's remittance address and phone number, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be initiated from. If the date you want the payment to be initiated is not a business day, the transaction will be initiated on 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 be charged to the account you designate. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly.
If you want to change the checking account used for Bill Pay, you will need to contact the Bank at 641-472-4121 during our business hours. There may be a period of several days during which Bill Payments cannot be initiated until the Bill Pay account parameters are changed.
SCHEDULING SYSTEM PAYMENTS: If the payee is to 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 5 to 8 business days after the date the payment is debited from your account. If the payee is to be paid electronically, you understand and agree that the payee may not receive the payment until 72 hours 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 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 SYSTEM, you must cancel the payment online via SYSTEM (by following the onscreen instructions), before 8:00 p.m. (Central Time), on the date the payment is scheduled to be initiated from your account. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen. You must call us to place this stop payment. We may also require you to put your request in writing. If you want to cancel a payment after the cut-off time, you may contact the Bank for assistance, and we will make our best attempt to stop the payment.
You may initiate stop-payment requests online via SYSTEM, only for paper checks you have written (non-electronically) on your Bank accounts (not SYSTEM Bill Pay paper drafts). Our online stop-payment cutoff time is one hour after the opening of the next banking day after the banking date on which we receive the item. 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.
STOP PAYMENT REQUESTS FOR OTHER PRE-AUTHORIZED PAYMENTS: Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call us or write us at the telephone number or address listed below, in time for us to receive your request at such time and in such manner, to allow Bank a reasonable opportunity to act upon the stop payment order prior to acting on the debit entry. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
CONTACT IN THE EVENT OF UNAUTHORIZED TRANSFER: Contact us at once if you believe your password(s) has/have been lost, stolen, used without your authorization, or otherwise compromised, or that someone has transferred or may transfer money from your account(s) without your permission. An immediate phone call to the number listed in this Agreement is the best way to notify us. Or, you can write or e-mail us at the address or e-mail address listed in this Agreement. Also, if your statement shows transfers that you did not make, contact us at once.
ACH AND WIRE TRANSFERS: This Agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer for which Fedwire is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution, may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by the National Automated Clearing House Association (NACHA) rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a credit to an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.
DISCLAIMER 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 SYSTEM will operate without errors, or that any or all SYSTEM 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 SYSTEM, 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 Bank and its affiliates exceed the amounts paid by you for the services provided to you through SYSTEM.
COMMUNICATIONS BETWEEN THE BANK AND YOU:
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
E-mail: email@example.com (Please note that banking transactions through SYSTEM are not made via e-mail. Also, please remember that email is not necessarily secure; therefore, you should not include confidential information such as your account number when emailing to us).
Contact Person: Jeffrey C. Johnston, SVP, 641-472-4121
Facsimile (Fax): 641-472-7223
Postal Mail: First National Bank in Fairfield, 100 East Burlington, Fairfield, Iowa
In Person: You may visit us in person at any one of our locations:
* Main Bank:...................100 E. Burlington, Fairfield
* Branch..........................1900 W. Burlington, Fairfield
FEES AND CHARGES FOR BUSINESS INTERNET BANKING:
FEES AND CHARGES: You agree to pay the fees and charges for your use of SYSTEM Services as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the Bank checking account designated on your Enrollment Form. If you close this account, you must contact us immediately to designate another account as the account to be debited for fees. 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 SYSTEM.
Payroll per item: $.10
Collections per item: $.10
ACH Payments per item: $.10
ACH Receipts per item: $.10
Wire Transfer: Domestic - $15.00
Bill Payment per item: $.25
We charge for preauthorized withdrawals from any type of account, based on the normal debit charges for that account. Except as indicated elsewhere or as indicated in individual account agreements, we do not charge for electronic fund transfers.