First American Bank Internet Banking Agreement
Terms and Conditions
This First American Bank Internet Banking Agreement (“Agreement”) explains the terms and conditions for accessing accounts and conducting transactions at First American Bank (“Institution”, “we”, “us” and “our”) via our on-line Internet Banking site(s) ("Internet Banking"). As used in this Agreement, the terms "you" and "your" refer to each person signing an Internet Banking Application.
The first time you access your accounts through Internet Banking, you agree to be bound by the terms and conditions of this Agreement and acknowledge its receipt and your understanding of its terms.
Through Internet Banking, you can manage eligible accounts from your home or office on a personal computer. Internet Banking can be used to conduct any of the following “On-line Financial Services”:
Institution may, from time to time, introduce new on-line financial services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.
We are strongly committed to protecting the security and confidentiality of our customers’ account information. We use several techniques to help secure our Internet Banking service. Users must have a valid Internet Banking Access ID and Password to log on. Once connected to our server, if no action is taken within 10 minutes, you will be automatically logged off the Internet Banking service.
In addition, we use SSL (secure socket layer) encryption technology to secure your online banking session. SSL, the industry-standard method for protecting web communications, works by using a public and private key combination to scramble the data from your browser to our server so that no unauthorized party can intercept the information as it passes over the Internet. SSL comes in two strengths, 40-bit and 128-bit, which refer to the length of the "session key" generated by every encrypted transaction. The longer the key, the more difficult it is to break the encryption code. Most browsers support 40-bit SSL sessions, and the latest browsers enable users to encrypt transactions in 128-bit sessions - trillions of times stronger than 40-bit sessions and the strongest, most advanced security available.
Our system also uses a Multi-factor Authentication system called PassMark. PassMark verifies your identity in two ways. Every time you log in to Internet banking, First American Bank identifies you, and it lets you identify First American Bank using a secret image and pass phrase.
We also have been issued a digital certificate by a trusted third party called a Certification Authority (CA). CAs establish the identity of the people or organizations to which they issue digital certificates. Use of digital certificates enables customers to gain confidence that they are sending their personal information to a legitimate business and not an impostor. Used in conjunction with encryption, digital certificates provide a complete security solution, assuring the identity of one or all parties involved in a transaction.
Your browser must support 128-bit encryption to access First American Bank’s Internet Banking service.
In addition to the compatible software, for your first time log on to access On-line Financial Services you must have an Internet Banking Access ID (your account number), an electronic banking password and maintain one or more of the following eligible accounts at Institution:
The Internet Banking service requires the customer to complete a first time log on process by performing the following steps:
Your Internet Banking Access ID and Password will give you access to your accounts with Institution via Internet Banking. For security purposes, it is recommended that you memorize your Internet Banking Access ID and Password and do not write it down. The system will automatically prompt you to change your Password every 90 days. In addition, your Password can be changed at our Internet Banking site. You are responsible for keeping your Internet Banking Access ID, Password and account data confidential. When you give someone your Internet Banking Access ID and Password, you are authorizing that person to use Internet Banking and the On-line Financial Services. You are responsible for all transactions performed using your Internet Banking Access ID and Password even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your Internet Banking Access ID and Password will be charged against your account(s).
You can usually access On-line Financial Services seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of Internet Banking or On-line Financial Services may not be available due to system maintenance or reasons beyond Institution's control. Institution does not warrant that Internet Banking or On-line Financial Services will be available at all times. When unavailable, you may use our telephone banking system, an automated teller machine (“ATM”) or an Institution branch office to conduct your transactions.
You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Internet Banking or On-line Financial Services. You may not gain, or attempt to gain, access to any Internet Banking and/or On-line Financial Service server, network or data not specifically permitted to you by Institution or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Institution or its suppliers.
All loan payments made through Internet Banking will be applied in the following order: interest, principal, escrow, unless otherwise specified. In addition, any past due amounts and/or late fees will be applied before current due amounts. Customers who wish to specify how a loan payment will be applied may contact Institution to request a special loan payment.
The Bill Payment service allows you to schedule bill payments through Internet Banking. Institution does not provide the service directly. Instead, Institution entered into an agreement with a bill payment provider to provide the bill payment services directly to you. Subject to any regulatory or Institution-imposed limitations on usage, you can arrange, at your option, for the payment of your current, future and recurring bills from a checking account. There is no limit to the number of payments that may be authorized and you may pay any merchant or individual approved by the bill payment provider, however, the amount of any individual payment may not exceed $999,999.99. While payments are initiated by you electronically, they are ultimately paid via an automated clearinghouse (ACH) network or by a paper check. Payments delivered over an ACH network are governed by the rules and performance standards of that network.
By providing the service with names and account information of Billers to whom you wish to direct payments, you authorize the service to follow the payment instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the service may edit or alter payment data or data formats in accordance with Biller directives. When the service receives a payment instruction, you authorize the service 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 the service 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. The service will use its best efforts to make all your payments properly. However, the service shall incur no liability and any Service Guarantee shall be void if the service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if the service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your payment instructions, the service 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.
Institution and its Bill Payment provider reserve the right, at their discretion, to implement security features to reduce risk of loss. These may include requiring pre-authorized drafts, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until after good funds are received. Institution and its Bill Payment provider also reserve the right to terminate your use of Bill Payment services at any time.
If, for any reason, you should ever wish to cancel Internet Banking, we strongly suggest that you cancel all future bill payments at the same time. This will ensure that future payments and transfers made by you will not be duplicated. We will automatically delete any outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your Bill Payment service has been terminated. We will continue to maintain your accounts until you notify us otherwise.
You must promptly pay the following fees and charges for use of the On-line Financial Services described in this Agreement:
|First American Bank Bill Pay Service:||Free *|
|First American Bank Small Business Bill Pay:||Free *|
|First American Bank NSF fee:||$30|
|First American Bank Stop Pay fee:||$30|
|CheckFree NSF fee:||$20|
|CheckFree Stop Pay fee:||$15|
|CheckFree Overnight Delivery fee:||$20|
Unless otherwise specifically indicated, all fees shall be deducted automatically on a monthly basis from a payment account you designate at Institution. In the event your payment account has insufficient funds to cover any fees, Institution may deduct the fees from any other account you have at Institution in any order it chooses. If you close the designated payment account, you must notify Institution and identify a new payment account for the selected Bill Payment Services. Additionally, if you close all Institution accounts, you must notify Institution and cease all use of the On-line Financial Services. If fees cannot be collected from any of your accounts, Institution may cancel all or some of your On-line Financial Services. After cancellation, Institution may reinstate some or all of the On-line Financial Services, at its discretion, if you deposit sufficient funds in your account(s) to cover any accrued fees and pending transfers or debits. You are solely responsible for any telephone or Internet service provider charges incurred when using the On-line Financial Services.
* Bill Pay service will be discontinued if not used at least once every 90 days.
Neither Institution nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibit withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Internet Banking or On-line Financial Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of Internet Banking or On-line Financial Services; (ix) you knew that Internet Banking and/or the On-line Financial Services were not operating properly at the time you initiated the transaction or payment; (xi) there is postal delay; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
You should notify us immediately if you believe anyone has improperly obtained your Internet Banking Access ID and password or if you suspect any fraudulent activity in your account(s). If your Internet Banking Access ID and Password have been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner.
Unauthorized transactions should be reported to Institution via one of the following:
Unauthorized bill payment transactions should be reported to Bill Pay Customer Service via one of the following:
Sending E-mail is a very good way to communicate with Institution regarding your accounts or the On-line Financial Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Institution. You cannot use e-mail to initiate On-line Financial Service transactions. All such transactions must be initiated using the appropriate functions within the Internet Banking site. Institution will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
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:
Information that Institution publishes on the World Wide Web may contain links to other sites and third parties may establish links to Institution’s site. Institution makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, Institution does not endorse the products or services offered by any company or person linked to this site nor is Institution responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
Institution is not responsible for any electronic virus that you may encounter using the On-line Financial Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.
In addition to the terms previously disclosed, Institution is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by Internet Banking or the use of the On-line Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Institution or one of its suppliers. In addition, Institution disclaims any responsibility for any electronic virus(es) Customer may encounter after installation of such software or use of Internet Banking or the On-line Financial Services. Without limiting the foregoing, neither Institution nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Institution and its suppliers provide Internet Banking and the On-line Financial Services from their own sites and they make no representation or warranty that any information, material or functions included in Internet Banking or the On-line Financial Services are appropriate for use by you in your jurisdiction. If you choose to use Internet Banking and/or the On-line Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Institution nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Internet Banking, the On-line Financial Services, or contained in any third party sites linked to or from Institution’s web site. INSTITUTION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF INTERNET BANKING, ON-LINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Customer shall indemnify, defend and hold harmless Institution and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.
Due to the likelihood of irreparable injury, Institution shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.
Institution reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we may notify you by: 1) electronic mail; and/or 2) physical mail at the address shown in our records; and/or 3) update of our web site.
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Iowa U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Pinellas County, Florida, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.
Institution may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution.
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control.
Institution shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Institution of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
In case of errors or questions about your account, you should as soon as possible notify Institution via one of the following:
In case of errors or questions about your bill pay transactions, you should as soon as possible notify Bill Pay Customer Service via one of the following:
We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared. You must:
If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days. If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you. However, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or international transaction. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.
For Internet Banking services, our business days are Monday through Friday, excluding bank holidays.
By your electronic consent below to this Agreement, you agree that we may provide you with all disclosures, notices and other communications, about Internet Banking, including the Agreement and any future amendments, in electronic form. We will provide all future notices by posting them on the Internet Banking Sign In Page for a period of at least ninety (90) days. You may download or print these notices from your computer. At your request, we will provide you with a paper copy of any of the above documents without any fee.
You have the right to withdraw this consent, but if you do, we will immediately terminate your participation in Internet Banking. You may obtain copies of any documents we provided electronically or withdraw your consent by calling us at one of our offices listed above.