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, make payments to your BANK loan from your BANK account,

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

1st Net - Business Enrollment Form

www.fnbmusc.com

Customer Information

 Company Name:

New User Modify

Address:

TIN/SSN

  City:

State   Zip

Phone:

Primary Contact for Account(s)

E-mail:

Requested Services

Account Description

Authorization Level

  

           Cash Management

Account Number

Account Type

(How you would like to identify this account)

V

D

V/D

F

Bill Payment

Payroll (1)

Collections (1)

ACH (1)

Tax Payments

Wire Transfer

(1) - Requires an addendum ACH Agreement be in place.


Account Type:

CH=Checking  MM= Money Market  SV=Savings  CD=Certificate of Deposit  LN=Loan

Authorization Level:

V=View Only; May view accounts but has NO authority to perform transactions or services online.  CD's will be set with a "View" access level.

D=Deposit Only; May deposit into the account ONLY.  No ability to view accounts.

V/D= "View" and "Deposit" capabilities combined.

F=Full Access; FULL authorization provides a user with FULL rights to the account including view, deposit, and transfer.  Full Access does not apply to LN account types.

 

Account Fees - Bank Use Only

Charge to Account

Monthly Charge

Payroll Items

Coll. Items

ACH

Monthly User Charge

Wire Items

Bill Payment

Other

Tax Payments

Account Fees Will be Debited From          

Please identify the person within your organization that the Board of Directors or other body with the authority to act on behalf of the business has named as Corporate Security Administrator for the system.  This person will have full rights to the account(s) listed.

Corporate Security Administrator      

 

Signatures:  By signing below, I authorize, as an authorized signor of the above named company, access to the accounts as indicated above.  The bank shall issue a starter password for the account(s) to the Corporate Security Administrator listed above who has been duly authorized on the business resolution on the reverse of this form.  This password must be changed upon first entry into the system.  Customer understands that 'Cash Management' can only be accessed by the FIRST computer used to log in by each assigned user.  Customer can change which computer(s) have 'Cash Management' access by contacting the Electronic Services Department of the Bank.  I/we further attest that I/we received the Internet Banking contract and fee schedule prior to signing the Business Enrollment form.

 

Corporate Security Administrator:

Please indicate a word that would be meaningful only to you, the Corporate Security Administrator.  This word will be used by Bank personnel to verify your identity when discussing your online access or bill payment services and does not serve as your password.

Phone ID

Please contact the Bank to set up a time that is convenient for you to stop in and pickup the USER ID and Starter Password.

 

Bank Use:                       User ID Form Attached               Starter Password          ________________               

 

BUSINESS RESOLUTION

First National Bank of Muscatine

To authorize 1st Net Corporate Security Administrator

 

I, , certify that I am

Corporate Secretary/Clerk
Partner
Manager
Sole Proprietor/Owner
Other
Of the above named business organized under the laws of Federal Employer ID/Tax ID Number , engaged in business under the trade name of , and that the Resolution on this document is a correct copy of the resolution adopted.
at a meeting of the Board of Directors duly and properly called and held on (date).  This Resolution appears in the minutes of this meeting, and has not been rescinded or modified.
at a meeting of the Partners duly and properly called and held on (date).  This Resolution appears in the minutes of this meeting, and has not been rescinded or modified.
at a meeting of the Managers duly and properly called and held on (date).  This Resolution appears in the minutes of this meeting, and has not been rescinded or modified.
by the Sole Proprietor/Owner on (date).  This Resolution has not been rescinded or modified.
Other .  This Resolution has not been rescinded or modified.
AGENT and POWERS GRANTED:  The Agent listed below is authorized as Internet Banking Corporate Security Administrator.  Only one signature is required to perform these named duties.  This person will have full rights to the account(s) at the access levels listed on the Business Internet enrollment form, as well as the ability to add or delete persons to access the accounts listed and modify authorization for access to the system via the internet.  Authorization/access levels for each account or addition of accounts to the system must be authorized by an authorized signer on the account by submitting an enrollment form.
 
EFFECT ON PREVIOUS  RESOLUTIONS: This Resolution supersedes all prior 1st Net Resolutions appointing an Internet Banking Corporate Administrator by the business.
 
CERTIFICATION OF AUTHORITY: I further certify that the
Board of Directors
Partners
Managers
Sole Proprietor/Owner
Other
 
has, and at the time of adoption of this Resolution had, full power and lawful authority to adopt the foregoing Resolution, and to confer the powers granted to the person named who has full power and lawful authority to exercise the same.  (Apply Corporate Seal below, as appropriate)
 
 In witness whereof, I have subscribed by name to this Resolution and, where appropriate, have affixed the Seal of the named Business on (date).
 
Corporate Secretary/Clerk
Partner
Manager
Sole Proprietor/Owner
Other
 
Signature/Title of another Officer/Partner/Manager

 

REMINDER: If you wish to send your application to us online, we want

Once we receive this application we will be in touch with you to follow-up and receive your signature(s).  If you choose to print this application at this time, please select the landscape option in the "Page Setup" function for best viewing.

Signature                                              Date                      

 

Update 8/04

 



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