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First
American Bank Internet Banking Agreement
Terms and Conditions
I.
About the Agreement
A.
Introduction
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.
B.
Accepting the Agreement
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.
II.
About Internet Banking
A.
Benefits of Internet Banking
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”:
-
Obtain current balance information on all eligible
accounts enrolled in Internet Banking.
-
Review transactions for the current and prior statement
cycles.
-
Transfer funds between eligible accounts (If a hold
is placed on any funds deposited in an eligible account,
you may not transfer the portion of funds being held
until that hold expires).
- Transfer
funds as payment to Institution for overdraft protection,
consumer loans, home equity loans, or certain other
eligible loans.
- Pay
bills to any merchant, financial institution or an
individual with a U.S. address.
-
View and print copies of paid checks.
-
Re-order checks.
-
Change Internet Banking password.
-
Email First American Bank.
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.
B.
Security and Protecting Your Account
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.
C. Requirements
Your browser must support 128-bit encryption to
access First American Bank’s Internet Banking service. We recommend using one of the following browsers:
Personal Online Banking minimum browser requirements:
For Microsoft Windows (98, ME, 2000 and XP):
- Microsoft
Internet Explorer: 6.0 or higher
- Netscape
Navigator: 6.1 or higher
- Mozilla Firefox: 1.0 or higher
- Opera: 7.54 or higher
For Mac OS X:
- Netscape
Navigator: 7.0 or higher
- Mozilla Camino: 0.8.1 or higher
- Apple Safari: 1.0 or higher
- Mozilla Firefox: 1.0 or higher
- Opera:
7.54 or higher
Commercial Online Banking minimum browser requirements:
For Microsoft Windows (98, ME, 2000 and XP):
- Microsoft
Internet Explorer: 6.0 or higher
- Mozilla Firefox: 1.0 or higher
For Mac OS X:
- Mozilla Firefox: 1.0 or higher
NOTE: Microsoft IE and Apple Safari are NOT compatible with eCorp Navigator on a Mac
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), a telephone banking personal
identification number ("PIN") and maintain
one or more of the following eligible accounts at Institution:
-
First American Bank checking account
-
First American Bank savings account
-
First American Bank Money Market savings account
-
First American Bank loan
D. Enrollment Process
The Internet Banking service requires the customer to
complete a first time log on process by performing the
following steps:
-
Click the designated link for first time users.
-
Accept the Internet Banking Agreement.
- Enter
an eligible account number in the Access ID field.
- Select
the type of account used in the Account Type field.
- Enter
your telephone banking PIN in the Password field.
-
Click Submit.
The Internet Banking database system
will verify the information you have entered. Once approved,
you will be prompted to change your Internet Banking
Access ID and Password for future log on. The changes
made will only affect your Internet Banking log on.
E. Internet Banking Access ID
and Password
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).
F. Accessibility
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.
G. Restrictions
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.
III. About Our Services
A. Transfers
-
Transfers can be made to any of your First American
Bank checking, savings, money market, or line of credit
accounts attached to the same profile.
- Transfers
can be made as a payment to any of your First American
Bank loan accounts attached to the same profile.
-
An On-line Financial Service transaction initiated
prior to 6:00 pm (CST) on a banking day is posted
to your account the same day. All transfers completed
after 6:00 pm (CST), or on a non-banking day,
will be posted the following banking day.
- In
order for transferred funds to be available to pay
items that are processed against your account overnight
(i.e. checks, direct debits), they must be entered
before the cut-off time of 6:00 pm (CST).
-
Funds transferred as a payment to a loan account before
the cut-off time will be credited with the date the
payment is made.
B. Loan Payments
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.
C. Bill Payment Service
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 $9,999.99. 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 furnishing the names of your payees/merchants
and their addresses, you authorize Institution and its
bill payment provider to follow the payment instructions
you provide for those payees/merchants. When payment
instructions are received, funds will be remitted from
the selected account, to the appropriate payee on your
behalf on the day that you request ("Payment Date").
However, there is no obligation to make requested payments
unless your account and/or overdraft protection plan
has sufficient funds or credit availability to pay the
bill as of the Payment Date. Funds for bill payments
will be withdrawn from your account on the applicable
Payment Date. A bill payment account ("Bill Payment
Account"), separate from any account you hold at
Institution, is established at the Bill Payment provider.
When the Bill Payment provider receives notification
of any return item, such as NSF or Account Closed, a
block is placed on the Bill Payment Account for a minimum
of five (5) business days. This prevents you from initiating
any additional payments through the Bill Payment Account
or from having any recurring or future dated payments
made until the original return item has been paid. You
may stop or change any scheduled payment, but you must
do so before the payment status changes to “In
Process” or “Processed”. Once a payment
has begun processing, it cannot be cancelled or edited,
therefore a stop payment request must be submitted.
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.
D. Fees and Charges
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: |
$25 |
|
CheckFree NSF fee: |
$20 |
| CheckFree
Stop Pay fee: |
$15 |
| CheckFree
Overnight Delivery fee: |
$15 |
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.
IV. Other Terms
and Conditions
A. Responsibility
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.
B. Unauthorized Transactions
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:
-
Telephone us at one of the following offices:
| Ames |
(515)
233.2033 |
| Ankeny |
(515)
965.9500 |
| Beaverdale |
(515)
237.5596 |
| Bonita Springs |
(239) 425.3220 |
| Cape Coral |
(239) 829.1380 |
| Clive
|
(515)
226.9998 |
| EP
True |
(515)
221.1535 |
| Fort
Dodge |
(515)
573.2154 |
| Fort Myers |
(239) 277.1186 |
| Fort Myers Beach |
(239) 314.0103 |
| Jewell
|
(515)
827.5443 |
| Naples |
(239) 403.0076 |
| Roland
|
(515)
388.4331 |
| Sioux
City |
(712)
255.1012 |
| SW
9th |
(515)
237.5139 |
| Urbandale |
(515)
237.5371 |
| Waukee |
(515)
987.6000 |
| Webster
City |
(515)
832.1133 |
- Write
us at:
First American Bank
PO Box 71155
Clive, IA 50325
Unauthorized bill payment transactions
should be reported to Bill Pay Customer Service via
one of the following:
-
Telephone us at (800) 268.5652 during customer service
hours;
-
Contact Customer Service by using the application's
e-messaging feature; or,
-
Write us at:
Certegy E-Banking Services
Attn: WebPay Support TA-67
11601 Roosevelt Blvd.
St. Petersburg, FL 33716-2202
C. Electronic Mail (E-mail)
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.
D. Disclosure of Account Information
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 Payee;
-
To a consumer reporting agency for research purposes
only;
-
In order to comply with a governmental agency or court
orders; or,
- If
you give us your written permission.
E. Links to other Sites
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.
F. Virus Protection
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.
G. Damages and Warranties
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.
H. Indemnification
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.
I. Additional Remedies
Due to the likelihood of irreparable injury, Institution
shall be entitled to an injunction prohibiting any breach
of this Agreement by Customer.
J. Termination and Changes in
Terms
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.
K. Applicable Rules, Laws, and
Regulations
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.
L. Assignment
Institution may assign its rights and/or delegate all
or a portion of its duties under this Agreement to a
third party.
M. Integration
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.
N. Severability
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.
O. Waiver
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.
P. Force Majeure
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.
Q. Construction
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.
R. Errors and Questions
In case of errors or questions about your account, you
should as soon as possible notify Institution via one
of the following:
-
Telephone us at one of the following offices:
| Ames |
(515)
233.2033 |
| Ankeny |
(515)
965.9500 |
| Beaverdale |
(515)
237.5596 |
| Bonita Springs |
(239) 425.3220 |
| Cape Coral |
(239) 829.1380 |
| Clive |
(515)
226.9998 |
| EP
True |
(515)
221.1535 |
| Fort
Dodge |
(515)
573.2154 |
| Fort Myers |
(239) 277.1186 |
| Fort Myers Beach |
(239) 314.0103 |
| Jewell |
(515)
827.5443 |
| Naples |
(239) 403.0076 |
| Roland |
(515)
388.4331 |
| Sioux
City |
(712)
255.1012 |
| SW
9th |
(515)
237.5139 |
| Urbandale |
(515)
237.5371 |
| Waukee |
(515)
987.6000 |
| Webster
City |
(515)
832.1133 |
- Write
us at:
First American Bank
PO Box 71155
Clive, IA 50325
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:
-
Telephone us at (800) 268.5652 during customer service
hours;
- Contact
Customer Service by using the application's e-messaging
feature;
- Write
us at:
Certegy E-Banking Services
Attn: WebPay Support TA-67
11601 Roosevelt Blvd.
St. Petersburg, FL 33716-2202
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:
-
Tell us your name and account number;
- 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 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.
S. Business Days
For Internet Banking services, our business days are
Monday through Friday, excluding bank holidays.
T. Electronic Disclosure and
Consent
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.
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