First National Bank
Banking and Bill Payment Agreement
Effective Date: May 30, 2019
729 W 7th Avenue, P.O.
Box 337, Spearman, TX 79081
the entire Agreement carefully before enrolling in the Service or initiating
Scope of this Agreement
This Agreement between you and First
National Bank 729 W 7th Ave, Spearman, TX 79081 governs your use of
our Internet Banking and Bill Payment services (the “Service”). The
Service permits our customers to perform a number of banking functions on
accounts linked to the Service through the use of a personal computer and the
Accepting the Agreement
After you have carefully read this
Agreement in its entirety, you will be asked to accept the terms and conditions
of this Agreement. When you accept these terms and conditions, you represent
and warrant that you are an Authorized User acting with full authority, and
that you are duly authorized to execute this Agreement.
You should print and/or save a copy
of this Agreement for your records. To print,
select the print button below or select the print function on your
browser. To save a copy of this Agreement on your computer, select “File”
and then “Save As” on your browser.
If you need help
printing or saving this document, or if you have any questions about this
Agreement, please contact our Internet Banking Customer Service
Department. Our contact information is listed at the top of this Agreement.
You can obtain a paper copy of this
Agreement at any time. Updates to this Agreement will be sent
electronically as further described within this Agreement.
click on the “accept” button below, you agree to the terms and conditions of
this Agreement. By accepting, you also certify that you are able and
willing to accept the electronic version of this document.
If you do
not agree to the terms of this Agreement and/or do not accept the electronic
version of this document, select the cancel button.
Agreement - means these terms and conditions of the Internet
Banking and Bill Payment services.
Authorized User - is any individual, agent, or sub-user whom
you allow to use the Service or your password or other means to access your
Bill Payment Service Provider – refers to the contractor, sub-contractor, or provider of our
Bill Payment and Delivery services, iPay Solutions a division of Jack Henry
Biller – is the person or entity to which you wish a Bill Payment to be
directed or is the person or entity from which you receive electronic bills, as
the case may be.
Billing Account - is the checking account from which all
Service fees will be automatically debited.
Business Day - is every Monday through Friday, excluding
Federal Reserve holidays.
Business Customer - Refers to anyone other than a Consumer who owns
an Eligible account with respect to which the Service is requested primarily
for business purposes.
Business Day Cutoff - Refers to the cut-off time for posting purposes.
The cut-off time for online transactions is based upon our Business Days and
the central standard time zone. For posting purposes, we will process all
transactions completed by 3:00 PM on the same Business Day. Transactions
completed after 3:00 PM will be processed on the following Business Day. Bill
Payment cut-off and scheduling times may differ and are further detailed in
Consumer – Refers to a natural person who owns
an Eligible Account at this Financial Institution and who uses the Service
primarily for personal, family, or household purposes.
Due Date - is the date reflected on your Biller statement
for which the Bill Payment is due. It is not the late date or grace period.
Eligible Accounts –An Eligible Account means any one of your account(s) to
which we may allow access through the Service under this Agreement. Only
a checking account may be eligible for Bill Payment privileges. We may
make additional accounts available for Bill Payment services from time-to-time
as allowed by law or our Bill Payment Service Provider.
You may request Internet access to
any account that you are a signer or owner. If you or your Authorized
Users desire features of the Service that allow you to initiate Bill Payments,
transfers, ACH transactions, or otherwise remove funds from an account, you
must have the required withdrawal authority over the relevant Eligible
When using the Service, 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 the Service.
Joint Accounts - If the Eligible Accounts added to the Service are jointly
held or have multiple signers, you agree that access to the information and all
transactions initiated by the use of your User name and Password are authorized
unless we have been notified to cancel the Service. If joint account
holders use individual User names, the Service may be identified separately and
you may be charged for the use of additional User names. In some cases, if your
account(s) require two signatures for withdrawal, we may only grant view
privileges to your Eligible Accounts through the Service.
Laser Draft Payment – is a payment method similar to a check
written by you on your Payment Account. Laser drafts are mailed according
to information provided by the United States Postal Service (USPS), Billers
should receive Laser Draft Payments no later than the Scheduled Payment Date;
however, delivery is subject to performance of the USPS. Funds remitted
to the Biller are deducted from your Payment Account when the Laser Draft is
presented to this Financial Institution for payment. As a result, neither
this Financial Institution nor its Service Provider(s) can control when your
Payment Account will be debited for a Laser Draft Payment.
Payment Account - is the checking account from which Bill Payments
will be debited. You must be a legal owner of any Payment Account
registered for the Service.
Payment Instruction - is the information provided by you to
the Service for a Bill Payment to be made to the Biller (such as, but not
limited to, Biller name, Biller account number, and Scheduled Payment Date).
Scheduled Payment - is a Bill Payment that has been scheduled
through the Service but has not begun processing.
Scheduled Payment Date -
is the day you want your
Biller to receive your Bill Payment and is also the day your Payment Account
will be debited (other than Laser Draft Payments, as described above), unless
the Scheduled Payment Date falls on a non-Business Day in which case it will be
considered to be the previous Business Day.
Service – means the Internet Banking, Bill Payment and
Delivery services offered by First National Bank through
its Service Providers.
Service Provider - includes any agent, licensor, independent
contractor or subcontractor that this Financial Institution may involve in the
provision of Internet Banking, Bill Payment, and electronic Bill Delivery
Sub-User Administrator – Each Business Customer utilizing ACH and wire
transfer privileges must authorize a Sub-User Administrator for managing
Authorized User access to company accounts accessible through the Service.
Sub-User Administrators and/or Authorized Users may be identified in separate
you and your - As
used within this Agreement, “you” and “your” refer to the person enrolling in
the Service, owner of the eligible accounts, as well as any Authorized Users
that such person allows, subject to the parameters of multiple user access as
set forth within the Service.
we, us, or our – As used within this
Agreement, refer to First
National Bank and any agent, independent contractor,
service provider, sub-contractor, licensor, designee, or assignee that First
National Bank may involve in the provision of the
Basic Internet Banking and Internet Plus Banking Services
The Basic and Plus features
currently available through the Service include:
Up to 18 months of complete Internet
transactional detail and history
FNB One View personal financial
Account Inquiries for balances,
Copies of monthly Account Statements
View check images
Transfers between your accounts at
this Financial Institution
Secure e-mails via the Service’s
Secure File Transfers
View loan and/or credit card
Payments to loans at this Financial
Online check reorders
Stop payments on checks that you
Transaction downloads into Quicken®, Microsoft® Money
Bill Payment services are
optional. You can request Bill Payment privileges in the online
enrollment process and/or you can add Bill Payment services at a later time by
contacting our Internet Banking Department or sending us a secure message
through the Service. Bill Payment customers also have access to
electronic Bill Presentment or Bill Delivery.
We may add or remove certain features
and/or functionality available from time to time. You can use the Service
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 the Service may be slower at times
due to high Internet traffic or other factors beyond our control.
Other Basic Internet Banking Features
Stop Payment Feature
The stop payment feature within the
Service is only for stopping payments on checks that you have written or for
stopping pre-authorized electronic drafts that are deducted from your
account. This feature is accessible in the “Support” menu of the Internet
Banking Service and provides a means to securely forward your stop payment
requests to us for processing.
Stop payment requests received
through the Service will generally be processed within one (1) to two (2)
Business Days. Therefore, if your request is urgent, we recommend that you
contact our Internet Banking Department directly via telephone or in person.
The stop payment feature within the
Service should not be used to
cancel transfers and Bill Payments.
There is typically a stop payment
fee associated with this feature. Please refer to your account fee schedule for
additional information or contact us at (806) 659-5544. 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. Additional
information on stop payments is available in within the Service.
Check Reorders, Address Change, Order Documents, Secure E-Mail & Secure
File Delivery Services
Additional features within the
Service include: check reorders, secure forms for address changes, document
requests, and secure file delivery. The submission of requests, such as
those for address changes, document requests, or check reorders, will generate
a secure email to this Financial Institution. Generally, requests received
through the Service’s secure e-mail feature will be processed within one (1) to
two (2) Business Days. For urgent requests, we recommend that you contact our
Internet Banking Department.
We also offer a direct link for
check reorders. This link will securely submit your reorder request directly to
the check printer. The secure file transfer feature within the Service
provides a means for you to forward files to this institution in a secure manner.
There may be additional fees associated with some of these services, such as
when you reorder checks through the Service. Fees are disclosed on your account
fee schedule and/or at the time of your request.
Commercial Internet Banking Services
Additional online features are
currently available for Business Customers. These features may be subject to
additional terms and conditions.
ACH Credit and Debit Origination
Wire Transfer Requests
Direct Deposit Originations
EFTPS (Electronic Federal Tax
NACHA File Imports
We may add or remove certain
features and/or functionality from time-to-time. Business
Customers interested in these services should contact us for additional
Internet Banking Service:
Internet banking services are
charged according to the limits and fees disclosure you were provided when you
opened your account. Pricing of this
service is subject to change with proper notice.
Bill Payment Fees:
Bill Payment services are charged
according to the limits and fees disclosure you were provided when you opened
your account. Pricing of this service is
subject to change with proper notice.
For Business Customers,
additional charges may apply for services such as: ACH Origination,
EFTPS, Wire Transfers, NACHA File Imports, or Repurchase Agreement
Tracking. These fees may vary and are subject to separate agreements.
Any applicable fees will
be charged regardless of whether the Service was used during the billing cycle.
There may be a charge for additional transactions and other optional services.
You agree to pay such charges and authorize us to deduct the calculated amount
from your designated Billing Account for these amounts and any additional
charges that may be incurred by you. Any financial fees associated with
your standard deposit accounts will continue to apply.
You are responsible for
any and all telephone access fees and/or Internet service fees that may be assessed
by your telephone and/or Internet service provider.
Requirements for Enrolling in the Service
In order to enroll in
You must have an
Eligible Account with this Financial Institution.
Your account with us
must be in good standing.
You must be 18 years of age or
You must be a resident of the United States
or its possessions.
You must have a computer
and Internet browser that will support 128 bit encryption.
You will need Internet
access through an Internet service provider (ISP).
You will need access to
a printer and/or other storage medium such as a hard drive for downloading
information or printing disclosures.
You will also need an
external email address for the delivery of electronic notices and disclosures.
Prior to enrolling in the Service
and accepting the electronic version of this Agreement, you should verify that
you have the required hardware and software necessary to access the Service and
to retain a copy of this Agreement.
If we revise hardware and software
requirements, and if there’s a material chance that the changes may impact your
ability to access the Service, we will give you advance notice of these changes
and provide you an opportunity to cancel the Service and/or change your method
of receiving electronic disclosures (e.g. change to paper format vs. an
electronic format) without the imposition of any fees.
You must complete the enrollment
process to use the Service. You can enroll for the Service on the
Internet or you can enroll in any of our offices. If you enroll for the Service in one
of our office locations using one of our electronic devices, we will ask you to
confirm your ability to access the service outside our offices by sending us a
secure message through the Service. Your enrollment in our service and
activation of electronic account statements will not be complete until you
complete this step.
When you enroll for the Service, you
agree to provide true and accurate enrollment information. Our Internet
Banking Department will verify the information you submit for accuracy and
interested in the commercial features of the Service should complete the online
internet banking enrollment acknowledgment form presented during the enrollment
process. For a copy of the enrollment
acknowledgment you may also contact us directly at (806) 659-5544 or send us a
secure message through the Service.
you first enroll for the Internet Banking Service we will link all of your
designated Eligible Accounts to one User name. If you want to limit the
accounts linked or the privileges assigned to an account, please contact us at
(806) 659-5544 or send us a support request through the Service.
With the exception of sole
proprietors, Business Customers may not in general link personal Consumer
accounts to the Service. Exceptions can be made by an
account officer in cases of closely held entities.
When any transfer, ACH, or other
Payment Instruction is initiated through the Service for your benefit, you
agree that we may debit the designated Eligible Accounts without requiring your
signature on the item and without any notice to you. Requirements for dual
signatures on checks, if applicable, do NOT apply to Bill Payments or other
transfers initiated through the Service. Any Authorized User must be
authorized individually to make electronic transfers and online Bill Payments
even though that person’s authority to make transfers by other means may still
require dual signatures.
Balances shown in your accounts may
include deposits subject to verification by us. The balance reflected in the
Service may differ from your records due to deposits in progress, checks
outstanding, or other withdrawals, payments or charges. A transfer request may
not result in immediate availability because of the time required to process
the request. A transfer request must be made before the Business Day Cut-off
time to be effective the same Business Day.
The balances within the Service are
updated periodically and the Service 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 Service will
use the most current balance available at the time of a transaction to base our
approval for account transfers.
Canceling or Changing Transfers
You cannot cancel a transfer after
it has been entered into the system AND the information has been processed
and/or transmitted to us through the Service; however, you can edit or change a
transfer that is still “pending”. For Business Customers, the term
“transfers” also includes ACH and wire transactions.
In order to cancel or change a
pending transfer that has not been submitted to us for processing, use the
Log in and make edits to the
Edits must be made before 3:00 PM
for transactions to be processed the same Business Day
You may edit a pre-scheduled (future
dated/automatic) transaction anytime before 3:00 PM on the Business Day before
the scheduled transfer or payment date.
For transfers, you can change the
transfer amount to $0.00, or
If you accidentally transfer funds,
you can schedule another transfer to move funds to back to the original
For Business Customers, additional
guidance on creating, canceling, editing ACH and wire transactions is available
within the Service and from our customer service department. Business
Customers may edit, delete, or un-approve wire transfers or ACH transactions
prior to the effective date. After-cut-off time, if changes are necessary,
please contact us immediately, we may not have sufficient time to stop such
transactions from further processing. Separate agreements may detail the
required time-frames for submitting and making changes to these types of
If you need our assistance on making
edits to automatic/future dated transfers; you can send us a secure support
request through the Service; however, we must receive your request three (3)
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 get it
to us within 14 days after the call.
Bill Payment and Transfer Limitations
may use the Service to check the balance of your Eligible Account (s) and to
transfer funds among your Eligible Accounts at this Financial
Institution. You must have sufficient funds in your account to cover the
amount of any online transfers and Bill Payments on the scheduled payment date
set for the transaction, or the transaction may not be processed. NSF
and/or overdraft charges may be incurred if Bill Payments exceed your account
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 electronic transfers, which
include computer initiated transfers, telephone transfers, checks, and
point-of-sale transactions during a given monthly statement period. Transfers
and Bill Payments authorized by personal computer through the Service 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 accounts, therefore this financial institution currently limits
the Bill Payment Service to only Checking Accounts.
Bill Payment Terms and Conditions
Bill Payment Scheduling
The earliest possible Scheduled
Payment Date for each Biller (typically four (4) or fewer Business Days from
the current date) will be designated within the Service when you are scheduling
the Bill Payment. Therefore, the Service will not permit you to select a
Scheduled Payment Date less than the earliest possible Scheduled Payment Date
designated for each Biller.
When scheduling Bill Payments
you must select a Scheduled Payment Date that is no later than the actual Due
Date reflected on your Biller statement unless the Due Date falls on a
non-Business Day. If the actual Due Date falls on a non-Business Day, you
must select a Scheduled Payment Date that is at least one (1) Business Day
before the actual Due Date. Scheduled Payment Dates must be prior to any
late date or grace period.
Payment Authorization and Payment Remittance
By providing the Service
with names and account information of Billers to whom you wish to direct
payments, you authorize us to follow the Payment Instructions received through
the Service. In order to process payments more efficiently and
effectively, our Service Provider may edit or alter payment data or data
formats in accordance with Biller directives.
When the Service
receives a Payment Instruction, you authorize our Bill Payment Service Provider
to debit your Payment Account and remit funds on your behalf so that the funds
arrive as close as reasonably possible to the Scheduled Payment Date designated
by you. You also authorize our Service Provider to credit your Payment
Account for payments returned to the Service by the United States Postal
Service or Biller, or payments remitted to you on behalf of another Authorized
User of the Service.
Our Bill Payment Service
Provider reserves the right to select the method in which to remit funds on
your behalf to your Biller. These payment methods may include, but may not be
limited to, an electronic payment or a Laser Draft Payment.
Payment Cancellation Requests
You may cancel or edit
any Scheduled Payment (if processing has not begun) by following the directions
within the Service. There is no charge for canceling or editing a
Scheduled Payment. However, once the Service has begun processing a
Scheduled Payment it cannot be cancelled or edited, therefore a stop payment
request must be submitted, as described within this Agreement.
Bill Payment Stop Payment Requests
The ability of this
Financial Institution and its Service Provider to process a stop payment on a
Bill Payment request will depend on the payment method and whether or not a
Laser Draft Payment has cleared. We may also not have a reasonable
opportunity to act on any stop payment request after a payment has been
processed. If you desire to stop any Bill Payment that has already been processed,
you must contact our Customer Service department.
Although we will make
every effort to accommodate your request, we will have no liability for failing
to do so. We may also require you to present your stop payment request in
writing within fourteen (14) days. The charge for each stop payment
request will be the current charge for such service as set forth in our
applicable fee schedule.
In using the Service,
you understand that Billers and/or the United States Postal Service may return
Bill Payments to our Service Provider for various reasons such as, but not
limited to, Biller’s forwarding address expired; Biller account number is not
valid; Biller is unable to locate account; or Biller account is paid in full.
Our Service Provider will use its best efforts to research and correct the
returned payment and return it to your Biller, or void the payment and credit
your Payment Account. You may receive notification from the Service of
Bill Payment Information Authorization
Requests for Bill
Payment privileges may not be fulfilled if this Financial Institution and/or
its Service Provider(s) cannot verify your identity and withdrawal authority
over the specified accounts. Through your enrollment in the Bill Payment
Service; you agree that this Financial Institution and its Service Providers
reserve the right to request a review of your credit rating at our own expense
through an authorized bureau. In addition, you agree that this Financial
Institution and its Service Providers reserve the right to obtain financial
information regarding your account from a Biller or your Financial Institution
(for example, to resolve payment posting problems or for verification).
Payments to Billers
outside of the United States
or its territories are prohibited through the Service.
Tax payments and court
ordered payments may be scheduled through the Service; however, such payments
are discouraged and are scheduled at your own risk. In no event shall
this Financial Institution or its Service Provider(s) be liable for any claims
or damages resulting from your scheduling of these types of payments. The
Bill Payment Service Guarantee as it applies to any late payment related
charges is void when these types of payments are scheduled and/or processed by
the Service. Research of exception payments shall be limited to proof of
payment and/or unauthorized payments only. All other research and resolution
for any misapplied, miss-posted or misdirected exception payments will be your
We reserve the right to
refuse to pay any Biller to whom you may direct a payment. The Service
will notify you promptly if it decides to refuse to pay a Biller designated by
you. This notification is not required if you attempt to make a
prohibited payment or an exception payment under this Agreement.
In using the Service,
you are requesting us to make payments for you from your Payment Account.
If we are unable to complete the transaction for any reason associated with
your Payment Account (for example, there are insufficient funds in your Payment
Account to cover the transaction), the transaction will not be completed.
In some instances, you will receive a return notice from the Service. In
such case, you agree that:
You will reimburse our
Service Provider immediately upon demand the transaction amount that has
For any amount not
reimbursed to the Service Provider within fifteen (15) days of the initial
notification, a late charge may be assessed each month against unpaid amounts
equal to 1.5% or the legal maximum, whichever rate is lower;
You will reimburse our
Service Provider for any fees, it may incur in attempting to collect the amount
of the return from you; and
Our Service Provider is
authorized to report the facts concerning the return to any credit- reporting
Bill Delivery and Presentment
This feature is for the
presentment of electronic bills only and it is your sole responsibility to
contact your Billers directly if you do not receive your statements. In
addition, if you elect to activate one of the Bill Payment Service’s electronic
bill options, you also agree to the following:
Information Provided to the Biller
We are unable to update
or change your personal or business information such as, but not limited to,
name, address, phone numbers and e-mail addresses, with the electronic
Biller. Any changes will need to be made by you; contact the Biller
directly. Additionally, it is your responsibility to maintain all
usernames and passwords for all electronic Biller sites. You also agree not to
use someone else’s information to gain unauthorized access to another person’s
or company’s bill.
Our Service Provider
may, at the request of the Biller, provide to the Biller your e-mail address,
Service address, or other data specifically requested by the Biller at the time
of activating the electronic bill for that Biller, for purposes of the Biller
informing you about Service and/or bill information.
Upon activation of the
electronic bill feature, our Service Provider may notify the Biller of your request
to receive electronic billing information. The presentment of your first
electronic bill may vary from Biller to Biller and may take up to sixty (60)
days, depending on the billing cycle of each Biller. Additionally, the
ability to receive a paper copy of your statement(s) is at the sole discretion
of the Biller. While your electronic bill feature is being activated it
is your responsibility to keep your accounts current. Each electronic
Biller reserves the right to accept or deny your request to receive electronic
Our Bill Payment Service
Provider will use its best efforts to present all of your electronic bills
promptly. In addition to notification within the Service, our Service
Provider may send an e-mail notification to the e-mail address listed for your
account. It is your sole responsibility to ensure that this information
is accurate. In the event you do not receive notification, it is your
responsibility to periodically logon to the Service and check on the delivery
of new electronic bills. The time for notification may vary from Biller
to Biller. You are responsible for ensuring timely payment of all bills.
Cancellation of Electronic Bill Notification
The electronic Biller
reserves the right to cancel the presentment of electronic bills at any
time. You may also cancel electronic bill presentment at any time.
The timeframe for cancellation of your electronic bill presentment may vary
from Biller to Biller. It may take up to sixty (60) days, depending on
the billing cycle of each Biller. Our Bill Payment Service Provider will
notify your electronic Biller(s) as to the change in status of your account and
it is your sole responsibility to make arrangements for an alternative form of
bill delivery. We will not be responsible for presenting any electronic
bills that are already in process at the time of cancellation.
Non-Delivery of Electronic Bill(s)
You agree to hold
harmless, this Financial Institution and its Service Providers should the
Biller fail to deliver your statement(s). You are responsible for
ensuring timely payment of all bills. Copies of previously delivered
bills must be requested from the Biller directly.
Accuracy and Dispute of Electronic Bill
Neither this Financial
Institution, nor its Service Providers are responsible for the accuracy of your
electronic bill(s). This Financial Institution and its Service Providers are
only responsible for presenting the information received from the Biller.
Any discrepancies or disputes regarding the accuracy of your electronic bill
summary or detail must be addressed with the Biller directly.
This Agreement does not
alter your liability or obligations that currently exist between you and your
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 the
Disclosure of Account Information to Third Parties
It is our general policy
to treat your account information as confidential. However, we will
disclose information to third parties about your account or the transactions
you make ONLY in the following situations:
Where it is necessary
for completing transactions;
Where it is necessary
for activating additional services;
In order to verify the
existence and condition of your account to a third party, such as a
credit bureau or Biller;
In order to comply with
a governmental agency or court orders; or
If you give us your
Please refer to our privacy notice or additional detail on disclosure of account
The Service utilizes a comprehensive
security strategy to protect your accounts and transactions conducted over the
Internet. Prior to activating your access to the Service, our Internet Banking
Department will verify your identity and authorization against information
associated with the Eligible Account (s) that you request to be linked to the
User Names and Passwords - One of the main security features protecting the Service is
the unique combination of your User Name and Password. During the
enrollment process, you will be asked to select a unique User name, and then
choose a Password that will be used to gain access to the Service. You
determine your own Password, which is encrypted in our database. Neither
this Institution nor its Service Providers have access to this
information. The Service will automatically deactivate your account after
three unsuccessful login attempts within a 24-hour time frame. You
may reset your Password online or you may contact this Institution for
Because your Password is used to
access your accounts, you should treat it as you would any other sensitive
You should carefully
select a Password that is hard to guess.
You should not use words
based on your name, address or other personal information.
Special characters are
used to increase security.
Do NOT use dictionary
Keep your Password safe.
Memorize your Password
and do NOT write it down.
You should also change
your Password occasionally, such as every 90 days.
A Password should be
changed immediately if you suspect that your Password has been
compromised. This can be done at any time from the “Settings” menu.
this Institution nor its Service Providers will contact you via telephone or
email requesting personal information, your User name, or your Password.
If you are contacted by anyone requesting this information, please contact us
Encryption – The Service uses the Secure Socket Layer (SSL) encryption
technology for everything you do while using Internet banking. Your
browser automatically activates this technology when it attempts to connect to
our Service. The Service requires a browser that supports 128-bit
encryption. The Service will warn you if your browser does not meet this
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.
Certificate Authority - The servers hosting the Service have been certified by a
Certificate Authority to assure you that you are actually talking to the
Service instead of someone pretending to be us. If you are using an older
browser you will see that the Certificate Authorities key may have expired; you
will need to update your browser.
Cookies - During your use of the Service, our Internet banking
Service Provider will pass an encrypted cookie to your computer in order
to identify your computer during the session. This cookie enables us to
process multiple transactions during the session without having to provide an User
name and Password for each individual transaction. Users must accept this
cookie to use the Service. This cookie does not contain any personal
information; it simply provides another level of security for our Internet
banking product. The cookie is stored on your computer’s hard-drive,
identifying your computer while you are logged on. When you log off,
close your browser, or turn off your machine, the cookie will be
destroyed. A new cookie is used for each session; thus, no one can use
the prior cookie to access your account.
All Authorized Users
should sign-off after every Service session; however, online sessions will
automatically end after ten (15) minutes of inactivity. This to protect
you in case you accidentally leave your computer unattended after you log-in.
The security of public
computers (e.g. in a library, or Internet café) cannot be assured; therefore we
recommend that you refrain from accessing the Service on a public computer.
Routinely scan your
computer, servers, and electronic media using reliable virus detection and
anti-spyware products. Undetected or un-repaired viruses or spyware may
affect the performance of your computer, corrupt and destroy your programs,
files, and even your hardware. Additionally, you may unintentionally
transmit sensitive data to another third party or transmit a virus to other
Use a firewall product
(hardware and/or software), especially if you have a broadband Internet
connection such as DSL or cable modem.
Keep your computer’s
operating system and browser fully patched for critical security issues.
We recommend use of the most current, fully patched, versions of Internet
browsers for accessing the Service.
Your Password Responsibilities
When you accept the
terms and conditions of this Agreement, you agree not to give or make available
your Password or other means to access your account to any unauthorized
individuals. You are responsible for all transfers and Bill Payments you
authorize using the Service. If you permit other persons to use the
Service, your Password, or other means to access your account, you are
responsible for any transactions they authorize.
you believe that your passWORD or other means to access your account has been
lost or stolen or that someone may attempt to use the Service without your
consent or has transferred money without your permission, you must notify us at
once by calling (806)
659-5544 during customer service hours. You can also
contact us by sending a secure message through the Service.
you or your Authorized users disclose your Password to anyone, and/or if you
allow someone to use your Password to access your accounts, you are authorizing
them to act on your behalf and you will be responsible for any use of the
Service by them (e.g., such as when you provide this information to a joint account
holder, an employee, and/or an aggregation service provider).
In addition to the
security features described above, there may be other security related notices
posted on our website or the Service from time-to-time. It is your
responsibility to read all security notices.
Our Liability for Failure to Complete Transactions
We will use commercially
reasonable efforts to make all your transfers and Bill Payments properly.
However, we shall incur no liability and any Bill Payment Service Guarantee
shall be void if we are unable to complete any transactions initiated by you
because of the existence of any one or more of the following circumstances:
If, through no fault of
ours, your Eligible Account(s) and/or Payment Account does not contain
sufficient funds to complete the transaction or the transaction would exceed
the credit limit of your overdraft account (if applicable);
The Service and/or the
payment processing center is not working properly and you know or have been
advised by this Institution and/or its Service Providers about the
malfunction before you execute the transaction;
You have not provided
the Service with the correct Payment Account information, or the correct name,
address, phone number, or account information for the Biller;
Account(s), including either your Payment Account or Billing Account, is
If your computer,
software, telecommunication lines were not working;
It can be shown that the
Biller received the Bill Payment within the normal delivery timeframe and
failed to process the payment through no fault of ours;
The payment or
transaction request involves funds subject to hold, dispute, restriction, or
legal process we believe prevents their withdrawal;
We have reason to
believe that a payment or other transaction request may not be authorized by
you or any third party whose authorization we believe is necessary; and/or
control of the Service, our Service Providers, and this Institution (such as,
but not limited to, fire, flood, or interference from an outside force) prevent
the proper execution of the transaction and we have taken reasonable
precautions to avoid those circumstances.
Provided none of the
foregoing exceptions are applicable, if the Service causes an incorrect amount
of funds to be removed from any of your Eligible Account(s), or Payment
Account ,or causes funds from your Payment Account to be directed to a Biller,
which does not comply with your Payment Instructions, this Financial Institution
and/or its Service Providers shall be responsible for returning the improperly
transferred funds to your Payment Account, and for directing to the proper
Biller any previously misdirected transactions, and, if applicable, for any
late payment related charges.
Documentation And Verification Of Payments And Transfers
Information regarding Internet
Banking and Bill Payment transactions will be reflected on the account detail
in the Service and in your regular monthly account statement(s).
Provisions Applicable Only to Consumer and Sole Proprietors Deposit Accounts
Errors and Questions
In case of errors or questions about your electronic transactions,
you should notify us as soon as possible through one of the following methods:
Telephone us at (806)
659-5544 during customer service hours;
Contact us by using the
secure support request feature within the Service; or
Write to us at First
National Bank 729 West 7th St PO Box 337 Spearman, TX 79081.
If you think your statement
is incorrect or you need more information about an electronic transfer or Bill
Payment transaction listed on the statement, we must hear from you no later
than sixty (60) days after the FIRST statement was sent to you on which the
problem or error appears. You must:
Tell us your name,
relevant Service account number(s), and User name;
Describe the error or
the transaction in question, and explain as clearly as possible why you believe
it is an error or why you need more information; and,
Tell us the dollar
amount of the suspected error.
If you tell us verbally,
we may require that you send your complaint in writing within ten (10) Business
Days after your verbal notification. We will tell you the results of our
investigation within ten (10) Business Days after we hear from you, and will
correct any error promptly. However, if we require more time to confirm the
nature of your complaint or question, we reserve the right to take up to
forty-five (45) days to complete our investigation. If we decide to do
this, we will provisionally credit your account within ten (10) Business Days
for the amount you think is in error. If we ask you to submit your
complaint or question in writing and we do not receive it within ten (10)
Business Days, we may not provisionally credit your account.
For errors regarding
electronic transactions on new consumer accounts, we may take up to 90 days to
investigate your complaint or question. We may take up to 20 Business
Days to credit a new account for the amount you think is in error.
If it is determined
there was no error, we will mail you a written explanation within three (3)
Business Days after completion of our investigation. You may ask for copies of
documents used in our investigation. The Service may revoke any provisional
credit provided to you if we find an error did not occur.
Consumer Liability for Unauthorized Transfers
Tell us AT ONCE
if you believe your User name or Password has been lost or stolen.
Telephoning is the best way of minimizing your possible losses. You could
lose all the money in your account (plus your maximum overdraft line of credit
If consumer customers
tell us within two (2) Business Days after you discover your password or other
means to access your account has been lost or stolen, your liability is no more
than $50.00 should someone access your account without your permission.
If you do not tell us within two (2) Business Days after you learn of such loss
or theft, and we can prove that we could have prevented the unauthorized use of
your password or other means to access your account if you had told us, you
could be liable for as much as $500.00.
If your monthly account
statement contains transfers that you did not authorize, you must tell us at
once. If you do not tell us within sixty (60) days after the statement
was sent to you, you may lose any amount transferred without your authorization
after the sixty (60) days if we can prove that we could have stopped someone
from taking the money had you told us in time. If a good reason (such as
a long trip or a hospital stay) prevented you from telling us, we may extend
Additional Provisions Applicable Only To Business Customers
Protecting Your Account
The Service will allow
Business Customers to establish individual User names, Passwords, privileges
for each Authorized User. Transaction history is maintained for each User name.
Additional fees maybe assessed for each User name.
Customer(s) will be solely responsible for designating its Authorized Users,
assigning privileges, and disclosing the identity of said users to this
Institution and all changes thereof in writing BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT ITS AUTHORIZED
USERS HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSFERS AND BILL PAYMENTS
THROUGH THE SERVICE.
AUTHORIZES THIS INSTITUTION AND ITS SERVICE PROVIDERS TO ACT UPON, AND YOU
AGREE TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED
WITH YOUR USER NAME AND PASSWORD AND/OR THE USER NAME AND PASSWORD OF AN
AUTHORIZED USER. FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER
INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS,
WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS
FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR
VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN
AUTHORIZED USER OF THE BUSINESS CUSTOMER.
BUSINESS CUSTOMER ASSUMES
ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE SERVICE OR COMPANY
ACCOUNTS BY ITS AUTHORIZED USERS. BUSINESS CUSTOMER AGREES TO INDEMNIFY
AND HOLD HARMLESS THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS FOR ANY
LIABILITY AND DAMAGES RESULTING FROM OUR ACTING UPON ANY DIRECTION,
INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN USER NAME AND PASSWORD OF
AN AUTHORIZED USER.
agree that we may send notices and other communications, including emails, to
the current address shown in our records, whether or not that address includes
a designation for delivery to the attention of any particular individual.
You further agree that Financial Institution Name and/or its Service Providers
will not be responsible or liable to you in any way if information is
intercepted by an unauthorized person, either in transit or at your place of
business. In addition, you agree to
all Authorized Users to keep Passwords secure and strictly confidential;
notify us and select a new password if you or your Authorized Users believe
your Passwords may have become known to an unauthorized person.
We may disable Passwords of Authorized
Users even without receiving such notice from you, if we suspect Passwords are
being used in an unauthorized or fraudulent manner.
customers shall be solely responsible for the development and implementation of
all commercially reasonable procedures to control access to their computer
systems and to protect any data files stored thereon. Business customers
shall be solely responsible for all appropriate and commercially reasonable,
physical, logical, and network security systems and devices to protect the
security of data files maintained on computer(s) used to access the service as
well as the protection against unauthorized access to business computers,
and/or networks used to access the service. Business customers shall be
solely responsible for any and all losses and damages arising from any
authorized or unauthorized access to the service.
financial institution and its service providers shall have no obligation,
liability or control, either directly or indirectly concerning the Business
customers’ selection of security systems or devices for the protection of any
data files or computers used to access the services or over business customers
development or implementation of security procedures or the failure of business
customer to maintain said procedures.
Commercially Reasonable Security Procedures of the Service
you accept this Agreement and use the Service, you acknowledge and agree that
the Service includes security measures which are commercially reasonable.
You agree to be bound by our security procedures and instructions, which may be
periodically updated. You agree to review and implement all security
procedures available in connection with the Service, including procedures to
protect the confidentiality of your User name and Password and the same for
your authorized users. You agree to notify this Financial Institution in the
event that your use of the Service would necessitate or be better served by a
level of security that exceeds that offered by the Service. If you fail
to notify this Financial Institution, you acknowledge and agree that the
security aspects of the Service are appropriate for your needs and will provide
you with a commercially reasonable degree of security against unauthorized use.
Errors and Questions
In case of errors or questions about your transactions, you should
as soon as possible notify us through one of the following methods:
Telephone us at (806) 659-5544 during customer service hours;
Write us at: P.O. Box 337
Spearman, TX 79081
Your Liability for Unauthorized Transfers
You must notify us of errors, discrepancies, or possible
unauthorized payments as soon as possible upon learning of the
discrepancy. If you fail to notify us within sixty (60) days after you
have received notice of an unauthorized or erroneous transfer or Bill Payment, First National Bank will not owe
you any interest on the amount in question, even if we are otherwise liable to
you in connection with the transaction.
National Bank and its Service providers shall have no
liability to you for any unauthorized payment or transfer made using your Password
that occurs before you have notified us of any possible unauthorized use and we
have had a reasonable opportunity to act upon that notice.
If you fail to notify us of any discrepancy within one (1) year,
you shall be precluded from asserting any such discrepancy against us.
Limitation of Institution Liability
financial institution and its Service providers will be deemed to have
exercised all due care and to have acted reasonably if we act in accordance
with the terms of this Agreement and will be liable for loss sustained by you
only to the extent such loss is caused by our misconduct. This Financial
Institution and its Service Providers will have no liability for any loss or
the dishonesty of the Business Customer’s employees, officers, agents or
from any receiving financial institution’s failure to accept any payment
or funds transfer request;
from any delay in the performance of this Agreement, which is caused by an act
of God, fire or other casualty, electrical or computer failure, delays or
failure to act by any carrier, medium or agent operating between First National
Bank and third parties, or any other condition outside of our control.
Financial Institution and/or its Service Providers fail or delay in making a
transfer or Bill Payment pursuant to your instruction, or if we make a
transfer or payment in an erroneous amount which is less than the amount per
your instruction, unless otherwise required by law our liability shall be
limited to interest on the amount which we failed to timely pay, calculated
from the date on which the payment was to be made until the date it was
actually made or you canceled the instruction.
We may pay
such interest either to you or the intended recipient of the payment, but in no
event will we be liable to both parties, and our payment to either party will
fully discharge any obligation to the other. If we make a payment in an
erroneous amount which exceeds the amount per your Payment Instruction, or if
we permit an unauthorized payment after we have had a reasonable time to act on
a notice from you of possible unauthorized use as described above, unless
otherwise required by law, our liability will be limited to a refund of the
amount erroneously paid, plus interest thereon from the date of the payment to
the date of the refund, but in no event to exceed sixty (60) days interest.
If we become liable to you for interest
compensation under this Agreement or applicable law, such interest shall be
calculated based on the average federal funds rate at the Federal Reserve Bank
in the district nearest to First National Bank for each day
interest is due, computed on the basis of a three hundred sixty (360) day
party will have rights or claims against First National Bank and its Service
Providers under this Agreement. The terms of this section will survive
termination of this Agreement.
Customer(s) and its Authorized Users will defend, indemnify and hold harmless
First National Bank and its Service Providers against and in respect to any and
all loss, liability, expense and damage, including consequential, special and
punitive damages, directly or indirectly resulting from: (i) the processing of
any request received by First National Bank through the Service, (ii) any
breach of the provisions of this Agreement (iii) any request for stop
payment; (iv) any dispute between you and any third party in connection
with the use of the Service; and (v) any and all actions, suits, proceeding,
claims, demands, judgments, costs and expenses (including attorney’s fees)
incident to the foregoing. The terms of this section will survive termination
of this Agreement.
Alterations and Amendments
applicable fees and service charges may be altered or amended from
time-to-time. In such event, we will provide notice to you. Any use
of the Service after we provide you a notice of change will constitute your
agreement to such change(s). Further, we may, from time to time, revise or
update the applications, services, and/or related material, which may render
all such prior versions obsolete. Consequently, we reserve the right to
terminate this Agreement as to all such prior versions of the applications,
services, and/or related material and limit access to only the Service's more
recent revisions and updates.
We may deliver amendments to this
Agreement and other disclosures to you in an electronic format. Other
disclosures may include: monthly account statements, deposit account
disclosures, notices regarding changes in account terms and fees, and privacy
notices. The equipment necessary for accessing these types of disclosures
electronically is described within this Agreement in Section 8.
acceptance below, you agree to accept this agreement and other Internet Banking
related disclosures in an electronic format. You also agree and represent
that you have the necessary equipment for accessing the Service and for viewing
You may change the method of
delivery at any time (e.g., from electronic format to paper format) by contacting
You can also “opt-out” of electronic
only statements by submitting a support request within the Service.
In addition, you can request paper
copies of documents through the Service. Additional fees for paper copies of
account statements may be imposed depending on the type of account you have
and/or the reason and frequency of your requests for paper copies.
You should print or save a copy of
all disclosures delivered electronically.
If you enroll for the
Service in one of our office locations, we will ask you to confirm your ability
to access the service outside or offices by sending us a secure message
through the Service. Your
enrollment in our service and activation of electronic account statements will
not be complete until you complete this step.
Address, E-mail, or Payment Account Changes
When you enroll in the Service, we
may send you a “Welcome” e-mail. We will also send you e-mails and/or
secure messages through the Service regarding important Internet Banking and Bill Payment matters and/or changes to this
Agreement. You must provide us your current e-mail address in order for
us to deliver this information to you.
It is your sole
responsibility to ensure that your contact information email address in your
user profile is accurate. Changes can be made clicking the manage profile
link under you name or by contacting our Internet Banking Department at 806-659-5544.
Any changes to your displayed
account(s) should also be made in accordance with the procedures outlined
It is also your
responsibility to ensure that your Bill Pay Personal Information is current and
accurate. Changes to this information
must be made through the service using the “Profile” option on the “Bill Pay”
We are not responsible
for any Bill Payment processing errors or fees incurred if you do not provide
accurate Payment Account or contact information.
Service Termination, Cancellation, or Suspension
In the event you wish to
cancel the Service, please contact our Internet Banking Department or send us a
secure email through the Service.
Any Bill Payment(s) the
Service has already processed before the requested cancellation date will be
completed by the Service. All Scheduled Bill Payments, including
automatic payments, will not be processed once the Service is cancelled.
You will remain responsible for any fees associated with the Service prior to
the effective cancellation date.
We may terminate or
suspend the Service to you at any time. Neither termination nor
suspension shall affect your liability or obligations under this Agreement.
Access to our Service may be
canceled 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 13 consecutive months, accessibility will automatically
After termination or suspension of
the Service, we may consider reinstatement once sufficient funds are available
in your accounts to cover any fees and other pending transfers or debits. In
order to request reinstatement of the Service, you must call our Internet
Exclusions of Warranties and Limitation of Damages
THE SERVICE AND RELATED
DOCUMENTATION ARE PROVIDED "AS IS", “AS AVAILABLE” WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
our efforts to ensure that the Service is secure, we cannot and do not warrant
that all data transfers via the Service will be free from monitoring or access
solely responsible for the maintenance, installations, and operation of your
computer. Neither This financial institution nor its service providers
shall be responsible for any delays, errors, deletions, or failures that occur
as a result of any malfunction of your computer or software.,
FOREGOING SHALL CONSTITUTE First National Bank AND ITS SERVICE
PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL First
National Bank or its service providers BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING LOST PROFITS or attorneys fees (EVEN IF ADVISED OF THE
POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR
MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.
You may not assign this
Agreement to any other party. We may assign this Agreement in our sole discretion.
We may also assign or delegate certain of our rights and responsibilities under
this Agreement to independent contractors or other third parties.
Institution and its Service Providers shall not be deemed to have waived any of
our rights or remedies hereunder unless such waiver is in writing and signed by
us. No delay or omission in exercising any rights or remedies shall
operate as a waiver of such rights or remedies or any other rights or remedies.
A waiver on any one occasion shall not be construed as a bar or waiver of any
rights or remedies on future occasions.
The captions of sections
hereof are for convenience only and shall not control or affect the meaning or
construction of any of the provisions of this Agreement.
In the event of a
dispute regarding the Service, you 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 us, which supersedes any
proposal or prior agreement, oral or written, and any other communications
between you and us relating to the subject matter of this Agreement. If
there is a conflict between what the employees of this financial institution
and/or its Service Providers say and the terms of this Agreement, the terms of
this Agreement will prevail.
Waiver of Trial by Jury
parties hereby knowingly, voluntarily and intentionally waive any right they
may have to a trial by jury with respect to any litigation brought based upon
this Agreement, or arising out of, under, or in connection with this Agreement
and any agreement contemplated to be executed in conjunction herewith, or any
course of conduct, course of dealing, statements or actions of the
parties. This provision is a material inducement for the parties entering
Ownership of Material
Copyright in the pages
and in the screens displaying the pages, and in the information and material
therein and in their arrangement, is owned by First National Bank and/or is
Service Providers unless otherwise indicated. All registered and
unregistered trademarks used in the Service are the sole property of their
respective owners. Unauthorized reproduction in whole or part is
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) and/or disclosures
related to your Eligible Account(s) and provided to you separately.
This Agreement shall be
governed by and construed in accordance with federal laws and the laws of the
State of Texas, without regard to its conflicts of laws provisions; provided,
however, that any dispute solely between you and our Bill Payment Service
Provider shall be governed by and construed in accordance with the laws of the State
of Delaware, without regard to its conflicts of laws provisions.