1.
The Service.
In consideration of the Online Banking services ("Services")
to be provided by First Community Bank ("BANK"),
as described from time to time in information distributed
by BANK to its customers. In the agreement, "Customer"
refers to the person(s) subscribing to or using the
Service. The Customer agrees as follows: You may use
a Personal Computer ("PC") through an Internet
connection to obtain account balances and transaction
information. You may also use your PC to obtain statements
on your accounts and to transfer money between your
accounts. However, transfers from your savings and Money
Market accounts are considered pre-authorized transfers,
and pre-authorized transfers are limited to six (6)
per monthly statement cycle by federal regulations.
In addition, you may use your PC to electronically direct
us to make payments from your account to third parties
("Payees") that you have selected to receive
payment through the Service. You may make payments through
the Service to any business professional, merchant,
family member, or friend. The ("Account")
means your designated bill payment checking account
at BANK from which we make bill payments on your behalf
pursuant to the Agreement. By subscribing to the Service
or using the Service to make any payments to a third
party, you agree to the terms of the Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY
FOR YOUR RECORDS.
2. Your Merchant List.
You may include all utility companies, merchants, financial
institutions, insurance companies, individuals, etc.
whom you wish to pay through FCBOnline Bill Payment.
Include a complete mailing address and telephone number
for each and your account number with each payee. We
reserve the right to decline to make payments to certain
persons and entities.
3. Your Password.
Each individual who has access to Online Banking, including
each individual named on joint accounts, must designate
a password and a user code. Your password must be a
minimum of 6 characters, which must consist of at least
one(1) letter and one (1) numeric character. The letters
are case sensitive. For example, if you enter your password
as: 1234abc you cannot use 1234ABC. It is recommended
that you change your password periodically to enhance
security.
4.
Scheduling Payments.
You may choose to add Bill Payment and use your PC to
electronically schedule payments with the Service. Payments
are posted against your balance available for withdrawal,
as defined in the bank's Funds Availability Policy,
plus the available credit on your overdraft protection
(FCBCreditline), if any, or other line of credit.
5.
Delivery of Your Payments and Transfers.
You may schedule payments to be initiated on the current
business day, on a future date, or on the same date
of each month, subject to the restrictions in the Agreement.
Although you can enter payment information through the
Service twenty-four (24) hours a day, seven (7) days
a week, payments can be initiated only on business days.
Funds will be deducted from your Account on the business
day on which a payment is to be "initiated."
This date is referred to in this Agreement as the "Transaction
Date." If you direct the initiation of a payment
to occur on a day other than a business day, it will
be initiated on the following business day.After funds
are withdrawn from your Account, we may remit your payments
by mailing your Payee a check, by electronic funds transfer,
including ACH (Automated Clearing House) or by other
means. Because of the time it takes to send your payment
to them, your Payees generally will not receive payment
on the Transaction Date. This applies regardless of
whether the payment is a next-day payment, a future
payment, or a recurring payment, as described below.
Therefore, in order to provide sufficient time for payments
to be received by your Payees, the Transaction Date
should be prior to the date your payment is due, excluding
any applicable grace periods (the "Due Date").
Payments and transfers must be scheduled by the normal
cut-off time of 6 p.m. (Central Standard Time) on any
business day in order for the payment to be initiated
for that business day.
6.
Recurring Payments.
Recurring payments are those made for the same amount
and are made on a weekly, bi-monthly, monthly basis,
etc. Once started, recurring payments will be made automatically
until you tell us to stop or cancel the payment on-line
and we have a reasonable opportunity to react.
7.
Our Liability for Failure to Complete Transactions.
If we do not complete a transfer to or from your account
on time or in the correct amount according to our agreement
with you, we might be liable for some of your losses
or damages. However, there are some exceptions. We will
not be liable for instance:
a. if, through no fault of ours, you do not have enough
money in your account to make the transfer;
b. if the money in your account is subject to legal
process or other encumbrances restricting transfer;
c. if the transfer would go over the credit limit on
your overdraft line (if any);
d. if the automated teller machine or the merchant where
you are making the transfer does not have enough cash;
e. if the system was not working properly when you started
the transfer;
f. if circumstances beyond our control (such as fire
or flood or systems failure) prevent the transfer, despite
reasonable precautions that we have taken; or
g. if the payee mishandles or delays handling payments
sent by us.
8.
Canceling Payment.
You may use your PC to cancel a payment up to 6 p.m.
(CST) on the business day your payment is scheduled
to be initiated ("Transaction Date"). There
is no fee for canceling a payment Online. Other requests
must be made at least one (1) day prior to scheduled
payment date. A payment that has been sent may be recalled
for a fee of $18 per item, but the BANK will not guarantee
the ability to recall an item.
9.
Statements.
All payments, transfers, and/or fees made with the Service
will appear on your monthly Account statement. The Payee
name, payment amount, and date of the payment will be
shown for each payment made through the Service during
that month.
10.
Fees.
Fees for Services shall be payable in accordance with
a schedule of charges as established and amended by
BANK from time to time. Charges shall be automatically
deducted from customer’s Account, and BANK shall
provide to Customer monthly notice of such debit(s)
on your statement.
11.
Equipment.
You are solely responsible for the equipment (including
your personal computer and software) you use to access
the Services. We are not responsible for errors or delays
or your inability to access the Services caused by your
equipment. We are not responsible for the cost of upgrading
your equipment to stay current with the Services nor
are we responsible, under any circumstances, for any
damage to your equipment or the data resident thereon.
12.
Business Days/Hours of Operation.
Our business hours are 9 a.m. to 3 p.m. (CST), Monday
through Friday, except bank holidays.
Although payments and transfers can be completed only
on business days, the Service is available 24 hours
a day, seven days a week, except during maintenance
periods.
13.
Notice of Your Rights and Liabilities.
Security of your transactions is important to us. Use
of the Services may therefore require a PIN or password.
If you lose or forget you PIN or password, please call
(402) 528-3223 during normal business hours listed
above.
We may accept as authentic any instructions given to
us through the use of your password or PIN. You agree
to keep your PIN and password secret and to notify
us immediately if your PIN or password is lost or
stolen
or if you believe someone else has discovered your
PIN or password. You agree that if you give your PIN
or
password to someone else, you are authorizing them
to act on your behalf, and we may accept any instructions
they give us to make transfers or otherwise use the
Services. Online Banking Services enables you to change
your password; were commend that you do so regularly.
We may be liable for certain security breaches to
the
extent required by applicable law and regulation. We
do not assume any other liability or otherwise guarantee
the security of information in transit to or from our
facilities. Please note that we reserve the right
to
(1)monitor and/or record all communications and activity
related to the Services; and (2) require verification
of all requested transfers in the manner we deem appropriate
before making the transfer (which may include written
verification by you. You agree that our records will
be final and conclusive as to all questions concerning
whether or not your PIN or password was used in connection
with a particular transaction.If any unauthorized use
of your PIN or password occurs you agree to (1)cooperate
with us and appropriate law enforcement authorities
in identifying and prosecuting the perpetrator; and
(2) provide reasonable assistance requested by us in
recovering any unauthorized transfer of funds.Tell
us
AT ONCE if you believe your PIN or password has been
lost or stolen. Telephoning is the best way of keeping
your possible losses down. You could lose all the money
in your account (plus your maximum line of credit).
If you tell us within two (2) business days, you can
lose no more than $50. If you do NOT tell us within
two (2) business days after you learn of the loss or
theft of your PIN or password, and we can prove we
could
have stopped someone from using your PIN or password
without your permission if you had told us, you could
lose as much as $500. Also, if your statement shows
transfers that you did not make, tell us at once.
If
you do not tell us within sixty (60) days after the
statement was mailed to you, you may not get back
any
money you lost after the60 days if we can prove that
we could have prevented someone from taking the money
if you had told us in time. If you believe your PIN
or password has been lost or stolen or that someone
has transferred or may transfer money from your account
without your permission, call (402) 528-3223 during
normal business hours listed above. WE CANNOT ACCEPT
NOTIFICATION OF LOST OR STOLEN PINS OR PASSWORDS OR
UNAUTHORIZED TRANSFERS VIA E-MAIL. PLEASE DO NOT SEND
SENSITIVE INFORMATION SUCH AS AN ACCOUNT NUMBER OR
PASSWORD
VIA E-MAIL.
14.
Errors and Questions.
In case of errors or questions about your electronic transactions, telephone us at 402-528-3223, 9AM to 3PM (CST), Monday through Friday, or write us at:
First Community Bank
Attention: Electronic Banking Department
Post Office Box 100 Beemer, NE 68716
As soon as you can, if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. You will need to: a. tell us your name and account number (if any); b. describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error and why you need more information; and c. tell us the dollar amount of the suspected error. If you tell us verbally, we may require you to send us your complaint or question in writing within ten (10) business days following the date you notified us.
We will determine whether an error occurred within ten (10) business days (five (5) business days if the transfer involved a point-of-sale transaction processed by VISA and twenty (20) business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (five (5) business days if the transfer involved a point-of-sale transaction and twenty (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 within ten (10) business days, we may not credit your account. Your account is considered a new account for the first thirty (30) days after the first deposit is made, unless each of you already has an established account with us before the account is opened. We will tell you the results within three (3) 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.
15.
Disclosure of Account Information to Third Parties.
We may disclose information to third parties about your
account or the transactions you make:a. where it is
necessary for completing transactions or resolving errors
involving the Services; orb. in order to verify the
existence and condition of your account for a third
party, such as a credit bureau or a merchant; orc. in
order to comply with government agency rules, court
orders, or other applicable law; ord. to our employees,
service providers, auditors, collection agents, affiliated
companies, or attorneys in the course of their duties
and to the extent allowed by law; ore. if you give us
your permission.
16.
Authorization to Obtain Information.
You agree that we may obtain and review your credit
report from a credit bureau or similar entity. You also
agree that we may obtain information regarding your
Payee Accounts in order to facilitate proper handling
and crediting of your payments.
17.
Termination.
If you want to terminate your bill payment access, call
us at (402) 528-3223. In order to avoid imposition of
the next monthly fee, we must receive notification to
terminate three (3) days before your service charge
is scheduled to assess. RECURRING TRANSFERS WILL NOT
NECESSARILY BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS
TO THE SERVICES. IF YOU WANT TO MAKE SURE THAT RECURRING
TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, YOU MUST FOLLOW
THE PROCEDURES IN THE CANCELING PAYMENTS PARAGRAPH ABOVE.We
reserve the right to terminate the Services, in whole
or in part, at anytime with or without cause and without
prior written notice. In that event, or in the event
that you give us a termination notice, we may (but are
not obligated to) immediately discontinue making previously
authorized transfers, including recurring transfers
and other transfers that were previously authorized
but not yet made. We also reserve the right to temporarily
suspend the Services in situations deemed appropriate
by us, in our sole and absolute discretion, including
when we believe a breach of system security has occurred
or is being attempted. We may consider repeated incorrect
attempts to enter your PIN or password as an indication
of an attempted security breach. Termination of the
Services does not affect your obligations under this
Agreement with respect to occurrences before termination.
18.
Limitation of Liability.
Except as otherwise provided in this Agreement or by
law, we are not responsible for any loss, injury, or
damage, whether direct, indirect, special or consequential,
caused by the Service or the use thereof or arising
in any way out of the installation, operation, or maintenance
of your PC equipment.
19.
Waivers.
No waiver of the terms of this Agreement will be effective,
unless in writing and signed by an authorized officer
of the BANK.
20.
Assignment.
You may not transfer or assign your rights or duties
under this Agreement.
21.
Governing Law.
The laws of the State of Nebraska shall govern this
Agreement and all transactions hereunder. Customer acknowledges
that he/she has reviewed this Customer Agreement, understands
the terms and conditions set forth herein, and agrees
to be bound hereby.
22.
Amendments.
We can change a term or condition of this Agreement
by mailing or delivering to you a written notice at
least thirty (30) days before the effective date of
any such change. We do not need to provide you with
any prior notice where an immediate change in the terms
or conditions of this Agreement is necessary to maintain
or restore the security of our system or an account.
However, even in these cases, if the change is to be
permanent, we will provide you with a notice of the
change with the next regularly scheduled periodic statement
we send you, or within thirty (30) days, unless disclosure
would jeopardize the security of our system or an account.
Notices mailed or delivered to you under this paragraph
will be considered effective if mailed to the most recent
address we show for you in either our Checking or Savings
Account records, or e-mail address in which you agreed
to receive such notices and/or disclosures.
23.
Indemnification.
Customer, in consideration of being allowed access to
the Services, agrees to indemnify and hold the BANK
harmless for any losses or damages to the BANK resulting
from the use of the Services, to the extent allowed
by applicable law.
24.
Security Procedures.
By accessing the Services, you hereby acknowledge that
you will be entering a protected web site owned by the
BANK, which may be used only for authorized purposes.
The BANK may monitor and audit usage of the System,
and all persons are hereby notified that use of the
Services constitutes consent to such monitoring and
auditing. Unauthorized attempts to up-load information
and/or change information on these web sites are strictly
prohibited and are subject to prosecution under the
Computer Fraud and Abuse Act of 1986.
25.
Fee Schedule.
Online banking and bill payment is free.
Bill
Payment Non-Sufficient Funds Fee: $20.00
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