FIRST NATIONAL BANK & TRUST, ELK CITY & SAYRE
FIRST NET
ONLINE BANKING AGREEMENT
ELECTRONIC FUND TRANSFERS
Type of Transfers
You may access your accounts by computer using your personal identification
number (PIN) and your account number to: transfer funds from checking to
checking - transfer funds from checking to savings, money market - transfer
funds from savings, money market to checking - transfer funds from savings,
money market to savings, money market - make payments from checking to loan
accounts with us - make payments from savings, money market to loan accounts
with us - get information about checking, savings, money market account
balances, deposits and withdrawals in the last statement cycle, and account
balance of certificates of deposit and loans.
Limitations on Frequency of Transfers
Transfers from a savings or money market account to another account by
preauthorized, automatic, telephone, or computer transfers are limited to six
per month with no more than three by check draft, debit card or similar order to
third parties.
For security reasons there maybe other limits on the number of transfers you can
make by computer.
Periodic Statements
You will get a monthly account statement from us for your checking accounts.
You will get an account statement from us for your savings accounts at least
quarterly.
Your Rights and Liabilities
Security of your transactions is important to us. Use of the Online Banking
services will therefore require a PIN or password. If you lose or forget your
PIN or password, please call 580-225-2580 during normal business hours. We will
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
Online Banking services. You may change your password at any time by using
TeleBank. 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 Online Banking 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. Notify us immediately if
you believe your PIN or password has been lost or stolen. Telephoning, followed
by a letter, is the best way to keep your possible losses down. You could lose
all of the money in your account (plus your maximum overdraft line of credit, if
any). If you tell us within two (2) business days you can lose no more than
$50.00. 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 $500.00. 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
funds you lost after the 60 days if we can prove that we could have prevented
someone from taking the funds 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 580-225-2580
during normal business hours.
WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PINS OR PASSWORDS OR
UNAUTHORIZED TRANSFERS VIA E-MAIL
Error Resolution Notice
In case of errors or questions about your electronic transfers call us at
580-225-2580 or write us at: First National Bank & Trust, P.O. Box 669, Elk
City, OK 73648.
.
Notify us immediately if you think your statement or receipt is wrong of if you
need more information about a transaction listed on the statement or receipt. We
must hear from you no later than 60 days after we sent the FIRST statement on
which the problem or error first appeared.
(1) Tell us your name and account number.
(2) Describe the error or the transfer you are unsure about, and explain as
clearly as you can why you believe it is an error or why you need more
information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or
question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business
days for new accounts) 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 for
new accounts or point-of-sale or foreign-initiated transfers) to investigate
your complaint or question. If we decide to do this, we will credit your account
within 10 business days (20 business days for new accounts) for the amount you
think is in error, so that you will have use of the money during the time it
takes us to complete our investigation. If we ask you to put your complaint or
question in writing and we do not receive it within 10 business days, we may not
credit your account for 30 days after the first deposit is made.
We will tell you the results within three business days after completing our
investigation. If we decide that there was no error, we will send you a written
explanation.
You may ask for copies of the documents that we used in our investigation.
Confidentiality and Privacy
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; or
b) in order to verify the existence and condition of your account for a third
party, such as a credit bureau or a merchant; or c) in order to comply with
government agency rules, court orders, or other applicable law; or d) 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; or
e) if you give us permission.
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 Online Banking service or the use thereof or
arising in any way out of the installation, operation (including any electronic
virus that maybe encountered), or maintenance of your PC equipment.
Waivers
No waiver of the terms of this Agreement will be effective, unless in writing
and signed by an officer of this bank.
Assignment
You may not transfer or assign your rights or duties under this Agreement.
New Services
From time to time, First National Bank & Trust plans to expand the services we
offer our Online Banking customers. When such services become available, we will
update this agreement and notify you of the new service. By using Online Banking
after the new services are available, you agree to be bound by the terms
contained in the revised agreement.
Availability
Funds must be available in the account from which you wish to transfer funds on
the date you enter the transaction. If your account does not have sufficient
funds to complete a transfer, the transfer will not be completed. Transactions
made using Online Banking before 3:00 PM CST Monday through Friday on a business
day that we are open, will be processed as that day's business. Transactions
made after 3:00 PM CST Monday through Friday or on a day we are not open, will
be processed as the next business day's business.
Correcting or Canceling Your Transactions
You cannot cancel or reverse your transactions after they have been entered into
the Online Banking System and the information has been transmitted to us. You
can, however, correct information concerning transactions before you send the
information.
Fees
First National Bank & Trust does not currently charge a fee for setting up,
maintaining or using our Online Banking service. We will notify you at least 30
days in advance if there is any change.
Termination
In the event you wish to discontinue using First National Bank & Trust's Online
Banking, please contact in writing at P. O. Box 669, Elk City, OK 73648. We may
at any time, for any reason, terminate your Online Banking service.
Governing Law
The laws of the State of Oklahoma 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.
Indemnification
Customer, in consideration of being allowed access to the Online Banking
services, agrees to indemnify and hold the Bank harmless for any losses or
damages to the Bank resulting from the use of the Online Banking services, to
the extent allowed by applicable law.