1st NET
BUSINESS INTERNET BANKING
ACCESS
AGREEMENT
First National Bank of Muscatine
[Application following
disclosures]
Agreement - This Agreement, which includes the Fee
Schedule and Enrollment Form, is a contract which establishes the rules which
cover your electronic access to your accounts at First National Bank of
Muscatine ("BANK") through 1st Net Internet Banking System
("SYSTEM"). By using SYSTEM, you accept all the terms and conditions
of this Agreement. Please read it carefully.
The terms and conditions of the deposit agreements and
disclosures for each of your BANK accounts as well as your other agreements with
BANK such as loans, continue to apply notwithstanding anything to the contrary
in this Agreement.
This Agreement is also subject to applicable federal
laws and the laws of the State of Iowa (except to the extent this Agreement can
and does vary such rules or laws). If any provision of this Agreement is found
to be unenforceable according to its terms, all remaining provisions will
continue in full force and effect. The headings in this Agreement are for
convenience or reference only and will not govern the interpretation of the
provisions. Any waiver (express or implied) by either party of any default or
breach of this Agreement must be in writing and shall not constitute a waiver of
any other or subsequent default or breach. You may not assign this Agreement.
This Agreement is binding upon your heirs and BANK's successors and assigns.
Certain of the obligations of the parties pursuant to this Agreement that by
their nature would continue beyond the termination, cancellation or expiration
of this Agreement shall survive termination, cancellation or expiration of this
Agreement. This Agreement, together with the Enrollment Form and Fee Schedule,
constitutes the entire agreement between you and BANK with respect to the
subject matter hereof and there are no understandings or agreements relative
hereto which are not fully expressed herein.
Definitions - As used in this Agreement, the words
"we", "our", "us" and "BANK" mean First
National Bank of Muscatine. "You" and "your" refer to the
accountholder authorized by BANK to use SYSTEM under this Agreement and anyone
else authorized by that accountholder to exercise control over the
accountholder's funds through SYSTEM. "Corporate Security
Administrator" or "CSA" refer to a person within your
organization that you have indicated on the Enrollment Form will have full
rights to the account(s) indicated on the Enrollment Form, as well as, the
ability to add, delete, and modify additional persons to access the account(s)
listed. "User" means any person requested by the CSA on the 1st
Net User Assignment Form to be given a Login ID and starter password for access
to account(s) as will be subsequently designated by the CSA. "Account"
or "accounts" means your accounts at BANK. "Electronic funds
transfers" means preauthorized transactions, transfers to and from your
BANK accounts using SYSTEM including bill payments and ACH transfers. "Wire
Transfers" refers to your order to pay a specific beneficiary at another
financial institution. "SYSTEM Services" means the services provided
pursuant to this Agreement, including the Bill Payment Service. "Business
days" means Monday through Friday. Federal Holidays are not included.
Access - To use SYSTEM, you must have at least one account at BANK, access to Internet service, and an e-mail address.
To use Bill Pay you must have at least one checking account at BANK. Once we
have received your signed Enrollment Form, and verified your account
information, we will deliver to you, either in person or by postal
mail, confirmation of our acceptance of your enrollment, along with your
assigned log-in ID. Your Corporate Security Administrator (CSA) will be required
to personally pick up the starter password, unless other arrangements have
been specifically made. SYSTEM can be used to access only the BANK accounts
which you have designated for access by SYSTEM in your Enrollment Form. You can
add or delete any of your BANK accounts from this Agreement by completing a new
Enrollment Form. Access to your accounts through SYSTEM will be based upon the
identification of users and authority levels assigned by your CSA. Your CSA will
be identified and authorized by you in the Enrollment Form, and any changes to
that position require a new Enrollment Form be completed. We undertake no
obligation to monitor transactions through SYSTEM to determine that they are
made on behalf of the accountholder.
SYSTEM Services - You can use SYSTEM to check the
balance of your BANK accounts, view BANK account histories, transfer funds
between your BANK accounts,
,
Hours of Access - You can use SYSTEM seven days a week,
twenty-four hours a day, although some or all SYSTEM services may not be
available occasionally due to emergency or scheduled system maintenance. We
agree to post notice of any extended periods of non-availability on the SYSTEM
website.
Your Password - For security purposes, all starter
passwords are required to be changed upon initial login to SYSTEM. Users
determine what their password will be, and the identity of passwords is not
communicated to us. You agree that we are authorized to act on instructions
received under all your passwords. You accept responsibility for the
confidentiality and security of your passwords and agree to change your
passwords regularly. Upon three unsuccessful attempts to use a password, access
to SYSTEM will be revoked. Users must contact the Electronic Services Department
of the BANK to have your password reset or to obtain a new temporary password,
to re-establish your authorization to use SYSTEM. We recommend that passwords
utilize both upper and lower case alpha and numeric characters for purposes of
security. Passwords should not be associated with any commonly known personal
identification, such as social security numbers, address, date of birth, names
of children, and should be memorized rather than written down.
Security - You understand the importance of your role
in preventing misuse of your accounts through SYSTEM and you agree to promptly
examine your paper statement for each of your BANK accounts as soon as you
receive it. You agree to protect the confidentiality of your account and account
number, and your identification information. You understand that identification
information by itself, or together with information related to your account, may
allow unauthorized access to your account. Passwords and login IDs are intended
to provide security against unauthorized entry and access to your accounts. Data
transferred via SYSTEM is encrypted in an effort to provide transmission
security and SYSTEM utilizes identification technology to verify that the sender
and receiver of SYSTEM transmissions can be appropriately identified by each
other. Notwithstanding our efforts to insure that the SYSTEM is secure, you
acknowledge that the Internet is inherently insecure and that all data
transfers, including electronic mail, occur openly on the Internet and
potentially can be monitored and read by others. We cannot and do not warrant
that all data transfers utilizing BANK SYSTEM, or e-mail transmitted to and from
us, will not be monitored or read by others.
Fees and Charges - You agree to pay the fees and
charges for your use of SYSTEM Services as set forth in the current fee
schedule. You agree that all such fees and charges will be deducted from the
BANK checking account designated on
your Enrollment Form. If you close this account, you must
contact us immediately to designate another account as the account to be debited
for fees. You agree to pay any additional reasonable charges for services you
request which are not covered by this Agreement. You are also responsible for
telephone and Internet service fees you incur in connection with your use of
SYSTEM.
Posting of Transfers - Generally, transfers initiated through
SYSTEM on a business day are posted to
your account the same day. Transfers completed after 5:00 p.m. (Central Standard
Time) on a business day may be posted on
the next business day. Transfers initiated on a Saturday, Sunday or banking
holiday will be posted on the next business day. SYSTEM identifies transfers based upon the login ID of
the user who made the electronic transfer. Accordingly, you understand and
acknowledge that the View Postings screens in both the Transfer and Bill Payer
menu options of SYSTEM will not reflect transfers made by multiple users from
the same account if different login IDs are used. You agree to communicate with
any other persons with authorized access to your accounts concerning any
transfers or bill payments from your accounts in order to avoid overdrafts.
Request for Wires and ACH – must be received before
2:00 p.m. (Central Standard Time) to be processed the same day.
Overdrafts (Order of Payments, Transfers, and other
Withdrawals) - If your account has insufficient funds to perform all electronic
fund transfers you have requested for a given business day, then:
a. Electronic fund transfers initiated through SYSTEM
which would result in an overdraft of your account may, at our discretion, be
cancelled;
b. In the event the electronic fund transfers initiated
through SYSTEM which would result in an overdraft of your account are not
cancelled, overdraft charges may be assessed pursuant to the terms of the
deposit agreement for that account.
Limits on Amounts and Frequency of SYSTEM Transactions
- The number of transfers from BANK accounts and the amounts which may be
transferred are limited pursuant to the terms of the applicable deposit
agreement and disclosure for those accounts. If a hold has been placed on
deposits made to an account from which you wish to transfer funds, you cannot
transfer the portion of the funds held until the hold expires.
SYSTEM Bill Payment Service - You must designate the
BANK account from which the payments are to be made; the complete name of the
payee, the account number, and the payee's remittance address, all exactly as
shown on the billing statement or invoice; the amount of the payment; and the
date you want the payment to be debited from your account. If the date you want
the payment to be debited from your account is not a business day, your account
will be debited the next business day before 3:00 p.m. (Central Standard Time).
By using the SYSTEM Bill Payment Service option, you agree that, based upon
instructions received under your password, we can charge your designated account
by electronic transfer, "no signature required draft", or by debiting
and remitting funds on your behalf. You also agree that your SYSTEM bill payment
will be charged to the account you designate. We reserve the right to refuse
to pay any payee designated by you. If we do so, we will notify you promptly.
Scheduling SYSTEM Payments - If the payee is to be paid
by paper check (as indicated on the Bill Payer list), you understand and agree
that paper checks are mailed to the payee and the payee may not receive the
payment until 5 to 8 business days after the date the payment is debited from
your account. If the payee is to be paid electronically (as indicated on the
Bill Payer list), you understand and agree that the payee may not receive the
payment until 72 hours after the date the payment is debited from your account.
You understand and agree that we are not responsible for the timely delivery of
mail or the improper transmission or handling of payments by a third party such
as the failure of the bill payment payee to properly post a payment to your
account.
How to Cancel a Bill Payment - To cancel a bill payment
that you have scheduled through SYSTEM, you must cancel the payment online via
SYSTEM (by following the onscreen instructions) before 3:00 p.m. (Central
Standard Time) on the date the payment is scheduled to be debited from your
account. If the pre-authorized bill payment paid by paper draft has not cleared,
we will immediately process your stop-payment request. We will notify you
immediately if the paper draft has already cleared. To be effective, this type
of stop-payment request must precisely identify the name of the payee, the
payee-assigned account number, the amount and scheduled date of the payment, and
the ID number from the Bill Payment View Posting Screen. You must call us to
place this stop payment. We may also require you to put your request in writing.
Stop and Refund Fee - $15.00
You may initiate stop-payment requests online via
SYSTEM only for paper checks you have written (non-electronically) on your BANK
accounts (not SYSTEM bill payer paper drafts.) Our online stop-payment cutoff
time is one hour after the opening of the next banking day after the banking
date on which we receive the item. To be effective, this type of stop-payment
request must precisely identify the name of the payee, the check number, the
amount, and the date of the check.
Stop Payment Requests for Other Pre-Authorized Payments–
Right to stop payment and procedure for doing so. If you have told us in advance
to make regular payments out of your account, you can stop any of these
payments. Here is how:
Call us or write us at the telephone number or address
in this access agreement in time for us to receive your request 3 business days
or more before the payment is scheduled to be made. If you call we may also
require you to put your request in writing and get it to us within 14 days after
you call.
Stop Payment Fees – $15.00
Iowa sales tax and local option tax assessed.
Periodic Statements - You will not receive a separate
SYSTEM statement. Transfers to and from your accounts using SYSTEM will appear
on the respective periodic paper statements for your BANK accounts.
Change in Terms - We may change any term of this
Agreement at any time. If the change would result in increased fees for any
SYSTEM service, increased liability for you, fewer types of available electronic
fund transfers, or stricter limitations on the frequency or dollar amount of
transfers, we agree to give you notice at least 30 days before the effective
date of any such change, unless an immediate change is necessary to maintain the
security of an account or our electronic fund transfer system. We will post any
required notice of the change in terms on the BANK SYSTEM website or forward it
to you by e-mail or by postal mail. If advance notice of the change is not
required, and disclosure does not jeopardize the security of the account or our
electronic fund transfer system, we will notify you of the change in terms
within 30 days after the change becomes effective. Your continued use of any or
all of the subject SYSTEM Services indicates your acceptance of the change in
terms. We reserve the right to waive, reduce or reverse charges or fees in
individual situations. You acknowledge and agree that changes to fees applicable
to specific accounts are governed by the applicable deposit agreements and
disclosures.
Contact in the event of unauthorized transfer. Contact
us at once if you believe your password(s) has/have been lost, stolen, used
without your authorization, or otherwise compromised, or that someone has
transferred or may transfer money from your account(s) without your permission.
An immediate phone call to the number listed in this Agreement is the best way
to notify us. Or, you can write or e-mail us at the address or e-mail address
listed in this Agreement. Also, if your paper statement shows transfers that you
did not make, contact us at once.
ACH and Wire Transfers – This agreement is subject to
Article 4A of the Uniform Commercial Code – Fund Transfers as adopted in the
state in which you have your account with us. If you originate a fund transfer
for which Fedwire is used, and you identify by name and number a beneficiary
financial institution, an intermediary financial institution or a beneficiary,
we and every receiving or beneficiary financial institution, may rely on the
identifying number to make payment. We may rely on the number even if it
identifies a financial institution, person or account other than the one named.
You agree to be bound by automated clearing house association rules. These rules
provide, among other things, that payments made to you, or originated by you,
are provisional until final settlement is made through a Federal Reserve Bank or
payment is otherwise made as provided in Article 4A-403(a) of the Uniform
Commercial Code. If we do not receive such payment, we are entitled to a refund
from you in the amount credited to your account and the party originating such
payment will not be considered to have paid the amount so credited. If we
receive a credit to an account you have with us by wire or ACH, we are not
required to give you any notice of the payment order or credit.
Disclaimer of Warranty and Limitation of Liability - We
make no warranty of any kind, express or implied, including any implied warranty
of merchantability or fitness for a particular purpose, in connection with the
SYSTEM Services provided to you under this Agreement. We do not and cannot
warrant that SYSTEM will operate without errors, or that any or all SYSTEM
Services will be available and operational at all times. Except as specifically
provided in this Agreement, or otherwise required by law, you agree that our
officers, directors, employees, agents or contractors are not liable for any
indirect, incidental, special or consequential damages under or by reason of any
services or products provided under this Agreement or by reason of your use of
or access to SYSTEM, including loss of profits, revenue, data or use by you or
any third party, whether in an action in contract or tort or based on a
warranty. Further, in no event shall the liability of BANK and its affiliates
exceed the amounts paid by you for the services provided to you through SYSTEM.
Your Right to Terminate - You may cancel your SYSTEM
service at any time by providing us with written notice by postal mail or fax.
Your access to SYSTEM will be suspended within 3 business days of our receipt of
your instructions to cancel the service. You will remain responsible for all
outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate - You agree that we can
terminate or limit your access to SYSTEM Services for any of the following
reasons:
1. Without prior notice, if you have insufficient funds
in any one of your BANK accounts. SYSTEM service may be reinstated, in our sole
discretion, once sufficient funds are available to cover any fees, pending
transfers, and debits.
2. Upon 3 business days notice, if you do not contact
us to designate a new Primary Checking Account immediately after you close your
Primary Checking Account.
3. Upon reasonable notice, for any other reason in our
sole discretion.
Communications between BANK and You - Unless this
Agreement provides otherwise, you can communicate with us in any one of the
following ways:
E-mail -You can contact us by e-mail at fnbmusc@muscanet.com
(Please note that banking transactions through SYSTEM are not made via e-mail.)
Contact Person – Anita M. Lange, VP/ Electronic
Services
Telephone - You can contact us by telephone at
1-563-263-4221
Facsimile - You can contact us by fax at 1-563-262-4224
Postal Mail - You can write to us at: First National
Bank of Muscatine
300 E. 2nd St.
Muscatine, Iowa 52761
In Person - You may visit us in person at any one of
our locations:
* Main Bank 300 E. 2nd St.
* Mississippi Office - Directly Behind Main Office
* Oakview North Office - 3107 Hwy 61 North
* Southside Office 608 Grandview Ave.
* Walmart Superstore Office Highway 61 North
Consent to Electronic Delivery of Notices - You agree
that any notice or other type of communication provided to you pursuant to the
terms of this Agreement, and any future disclosures required by law, including
electronic fund transfer disclosures, may be made electronically by posting the
notice on the BANK SYSTEM website or by e-mail. You agree to notify us
immediately of any change in your e-mail address.
Fees as outlined below:
Monthly:
Monthly USER fee:
Payroll per item:
Collections per item:
ACH Payments per item:
ACH Receipts per item:
Tax Payment:
Wire Transfer:
Bill Payment per item:
We charge for preauthorized withdrawals from any type
of account, based on the normal debit charges for that account. Except as
indicated elsewhere or as indicated in individual account agreements, we do not
charge for electronic fund transfers.
9/01