Business
Online Banking
Access
Agreement
I. Introduction
II.
Accessing Your First Bank Accounts through Online Banking
A. Requirements
B. Your Sign-On ID and Password
C. Mobile Banking
D. Account Administrator Role
E. Message Services
F. Hours of
Accessibility
G. Computer Requirements
H. Responsibility for Your Account
I. Liability
Disclosure
J. Unauthorized
Transactions in Your First Bank Accounts
III.
Account Services
A. Account Management
B. Funds Transfers
C. Deposit Account Agreement and
Disclosure Statement
D. Account Statements
IV.
Bill Pay Services
A. Service Definitions
B. Payment Scheduling
C. The Service Guarantee
D. Payment Authorization and Payment
Remittance
E. Payment Methods
F. Payment Cancellation Requests
G. Stop Payment Requests
H. Prohibited Payments
I. Exception
Payments
J. Bill Delivery and
Presentment
K. Exclusions of
Warranties
L. Password and
Security
M. Your Liability
for Unauthorized Transfers
N. Errors and
Questions
O. Disclosure of
Account Information to Third Parties
P. Service and
Additional Charges
Q. Failed or
Returned Transactions
R. Alterations and
Amendments
S. Address or
Banking Changes
T. Service
Termination, Cancellation, or Suspension
U. Biller Limitation
V. Returned Payments
W. Information
Authorization
X. Disputes
Y. Assignment
Z. No Waiver
AA. Captions
BB. Governing Law
V.
General Conditions
A. Payment Account
B. Monthly Fees
C. Maintenance of Account Balances
D. Overdrafts And Order of Payments
E. Account Cancellation
F. Disclosure of Account Information to
Third Parties
G. Questions or Error Correction on
Online Banking Services Transactions Business Accounts
H.
Questions or Error
Correction on Online Banking Services Transactions Consumer Accounts
I. Changes to
Charges, Fees or Other Terms
J. Stop Payments
K. Service Changes
and Additions
L. Confidentiality
M.
Cut off Hours
VI.
Disclosures
A. Cooperation in Loss
Recovery Efforts
B. Limitation of
Liability and Damages
C. Dispute
Resolution
D. Facsimile
Signatures
E. Integration of
Agreements
F. Information
Processing and Reporting
G. Limitations on
Use and Access
H. Protection from
Third Parties
I. Representations
and Warranties
J. Software License
K. Termination
L. Transportation
Services
M. System Unavailability
N. Security
O. Office of
Foreign Assets Control (OFAC)
P. Security
Agreement
Q. Tapes and
Records
R. Severability
S. Miscellaneous
I. Introduction
This Business Online Banking Access
Agreement ("Access Agreement") for accessing your First Bank accounts
using the Internet explains the terms and conditions governing the account and
bill payment services offered through Business Online Banking ("Online
Banking "). By using Online Banking, you agree to the terms and conditions
of this Access Agreement and acknowledge your receipt of this Access Agreement
and understanding of its terms. This Access Agreement will be governed by and
interpreted in accordance with Federal law and regulation, the rules of the National
Automated Clearing House Association (NACHA) and to the extent there is no
applicable Federal law or regulation or Clearing House rule, by the laws of the
State of Alaska.
The
terms "we," "us," "our," "First Bank,"
and "Bank" refer to First Bank. "You" refers to each owner
on an account enrolled under this Agreement. You also refers to your Online
Banking Business Administrator and all Users you have delegated with your Online Banking authority.
The
term "business days" means Monday through Friday, excluding
Saturday, Sunday, and Federal and state banking holidays. "Business day
processing hours" are 8:00 AM Alaska Standard Time through 5:00 PM
Alaska Standard Time. Non-business Day scheduled hours refers to
processing schedules to comply with requirements of the Bank and third party
processors such as FedLine (Wire), Automated Clearing House (ACH), OSI TOC
Services, CheckFree and other related
services.
Online Banking can be used to access
First Bank accounts. Activated Account means a First Bank account, which the
Bank has enrolled on Online Banking. Each of your accounts at First Bank
remains subject to its applicable account disclosure statement ("Deposit
Account Agreement and Disclosure").
II. Accessing Your First Bank Accounts
through Online Banking
A.
Requirements
To
enroll your accounts through Online Business Banking, you must have a First
Bank account. You enroll online through First Bank's web site, http://www.firstbankak.com/ (or the Online Banking Sign On page at https://secure-firstbankak.com/Common/SignOn/Start.asp). Alternatively, the Bank may establish
other secure procedures for enrollment in and/or access to Online Banking, or
any portions of Online Banking, and for authorization of any transactions in
your Activated Accounts. In order to have access to your account under this
Access Agreement, you must also be operating as a licensed business. Certain
provisions of this Agreement apply if you are a sole proprietorship and are
accessing your consumer accounts in addition to your business accounts through
your use of the Services please review these provisions (Section V. (General
Conditions) Paragraph F). You must have a Taxpayer Identification Number (TIN).
The TIN must be your Employer Identification Number (EIN) if you are a
corporation, Limited Liability Company or partnership, or your EIN or Social
Security Number (SSN) if you are a sole proprietorship. You will be notified
when your account agreement has been setup. (A First Bank Customer Service
Representative will call you and give you your Sign-On ID and Password.)
B. Your
Sign-On ID and Password
Following
Bank's review and approval of your enrollment request, you will be sent the
Authorization for Electronic Banking Services form. Once this form has been
signed and sent back to First Bank, you will be given a Sign-On ID and an
initial Password that will give you access to your accounts attached to Online
Banking. The first time that you sign on using the Sign-On ID and the initial
Password provided by the Bank you will be required to change your Password. At
any time that you choose, you may change your Password using the Change Password button under the Service Center tab,
and you may change your Password as frequently as you choose. For your
security, First Bank requires that you change your Password every 365 days. For
security purposes, it is also recommended that you memorize your Sign-On ID,
and your Password. Do not write them down. YOU ARE RESPONSIBLE FOR KEEPING YOUR
SIGN-ON ID, PASSWORD, ACCOUNT NUMBERS AND OTHER ACCOUNT DATA CONFIDENTIAL.
C. Mobile
Banking
Text Banking
Program: First Bank
offers their customers mobile access to their account information (e.g., for
checking balances and last transactions) over SMS, as well as the option to set
up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification
of the user's banking relationship as well as providing a mobile phone number.
The mobile phone number's verification is done by the user receiving an SMS
message with a verification code which they will have to enter on the website.
Additionally, customers may select the type of alerts and other preferences
which will determine, together with their account data, the frequency of alerts
delivered to the customer. This program will be ongoing. Message & Data
rates may apply.Customers will be allowed to opt out of this program at any
time. Questions:You can contact us at 1-888-220-4446, or send a text message
with the word "HELP" to this number: 61539. We can answer any
questions you have about the program. To Stop the program: To stop the
messages from coming to your phone, you can opt out of the program via SMS.�
Just send a text that says "STOP" to this number: 61539. You'll
receive a one-time opt-out confirmation text message. After that, you will not
receive any future messages.
Mobile Banking
By participating in Mobile Banking, you are agreeing to the
terms and conditions presented here. Our participating carriers include (but
are not limited to) AT&T, SprintPCS, T-Mobile, U.S. Cellular, Verizon
Wireless. Mobile Banking and any software you may obtain from Mobile Banking
(Software) may not be available at anytime for any reason outside of the
reasonable control of {First Bank} or any service provider.
Privacy and User
Information.
You acknowledge that
in connection with your use of Mobile Banking, First Bank and its affiliates
and service providers, including Fiserv, Inc. and its affiliates, may receive
and may share with one another names, domain names, addresses, passwords,
telephone and device numbers, the content of messages, data files and other
data and information provided by you or from other sources in connection with
Mobile Banking or the Software (collectively User Information). First Bank
and its affiliates and service providers will maintain reasonable safeguards to
protect the information from unauthorized disclosure or use, but reserve the
right to use and disclose this information as reasonably necessary to deliver
Mobile Banking and as otherwise permitted by law, including compliance with
court orders or lawful instructions from a government agency, to protect the
personal safety of subscribers or the public, to defend claims, and as
otherwise authorized by you. First Bank and its affiliates and service
providers also reserve the right to monitor use of Mobile Banking and the
Software for purposes of verifying compliance with the law, these terms and
conditions and any applicable license, but disclaim any obligation to monitor,
filter, or edit any content.
Restrictions on Use.
You agree not to use Mobile Banking or the Software in or
for any illegal, fraudulent, unauthorized or improper manner or purpose and
will only be used in compliance with all applicable laws, rules and
regulations, including all applicable state, federal, and international
Internet, data, telecommunications, telemarketing, spam, and import/export
laws and regulations, including the U.S. Export Administration Regulations.�
Without limiting the foregoing, you agree that you will not use Mobile Banking
or the Software to transmit or disseminate: (i) junk mail, spam, or
unsolicited material to persons or entities that have not agreed to receive
such material or to whom you do not otherwise have a legal right to send such
material; (ii) material that infringes or violates any third party's
intellectual property rights, rights of publicity, privacy, or confidentiality,
or the rights or legal obligations of any wireless service provider or any of
its clients or subscribers; (iii) material or data, that is illegal, or
material or data, as determined by First Bank (in its sole discretion), that
is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or
otherwise objectionable, materials that are harmful to minors or excessive in
quantity, or materials the transmission of which could diminish or harm the
reputation of First Bank or any third-party service provider involved in the
provision of Mobile Banking; (iv) material or data that is alcoholic
beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes,
cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms,
bullets), illegal drugs-related (e.g. cocaine), pornographic-related (e.g.,
adult themes, sexual content), crime-related (e.g., organized crime, notorious
characters), violence-related (e.g., violent games), death-related (e.g.,
funeral homes, mortuaries), hate-related (e.g. racist organizations),
gambling-related (e.g., casinos, lotteries), specifically mentions any wireless
carrier or copies or parodies the products or services of any wireless carrier;
(v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer
programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data, or personal information;
(vi) any material or information that is false, misleading, or inaccurate;
(vii) any material that would expose First Bank , any third-party service
provider involved in providing Mobile Banking, or any other third party to
liability; or (viii) any signal or impulse that could cause electrical,
magnetic, optical, or other technical harm to the equipment or facilities of
Fiserv or any third party. You agree that you will not attempt to: (a) access
any software or services for which your use has not been authorized; or (b) use
or attempt to use a third party's account; or (c) interfere in any manner with
the provision of Mobile Banking or the Software, the security of Mobile Banking
or the Software, or other customers of Mobile Banking or the Software; or (d)
otherwise abuse Mobile Banking or the Software.
D. Account Administrator Role
To
access and use any account that you enroll, your business must designate an
authorized signor on the account as the account administrator (Account
Administrator). The Account Administrator is responsible for all activities
involving your enrolled accounts. The Account Administrator may choose to
authorize other staff members to access or manage such accounts as your agent.
The Account Administrator alone will determine the administrative rights for
individual staff members, which may include permission to perform any one, or
any combination of the following activities:
- Transfer Funds
- Stop Payment
- Bill Payment
- Manage Company
- Manage Accounts
- Manage Users
- Reports
-
Automated Clearing
House (ACH) Services (requires separate agreement)
-
Wire Services
(requires separate agreement)
When you enroll, you will have the
opportunity to request Automated Clearing House (ACH) services and Wire
services. Access to any such service is subject to a separate application and
the prior written approval of your request by First Bank. You will receive a
supplemental agreement, disclosures and schedule requirements if these services
are requested by you. By using such services after Bank approval, you agree to
be bound by the additional terms and conditions communicated to you concerning
these services. Access will not be granted to these additional services until
the appropriate documentation has been signed and returned to First Bank.
E. Messages services
Public
e-mail services are not considered secure by the Bank. Messages
services are provided free in order for you to direct questions about
your account(s) to specific staff members and to provide general feedback. Messages services are accessible after you sign on
to Online Banking using your Sign-on ID and Password.
You cannot use Messages services to initiate transactions on your account(s).
For banking transactions, please use the appropriate functions within Online
Banking, or through Telephone Banking at 1-800-764-2265 or 225-7090 in Ketchikan.
F. Hours of Accessibility
You can
access your First Bank accounts through Online Banking seven days a week, 24
hours a day. However, at certain times, some or all of Online Banking may not
be available due to system maintenance.
G. Computer Requirements
Online Banking requires use of certain software, a
computer, and a modem. (In this Agreement, the computer and modem you need to
use this software are collectively referred to as your �Computer�.) You are
solely responsible for the selection, installation, maintenance and operation
of your Computer. Your Computer must be compatible with our operations in order
to access your accounts or to use Bill Pay, ACH or Wire Services.
H. Responsibility for Your Account
YOU
UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL LOSS OR DAMAGE OF
ANY KIND RESULTING FROM ACTS OR OMISSIONS OF YOUR ACCOUNT ADMINISTRATOR AND ANY
PERSON TO WHOM YOU GIVE ANY ADMINISTRATIVE OR USER RIGHTS WITH RESPECT TO YOUR
ACCOUNTS THROUGH ONLINE BANKING. YOU ARE ALSO RESPONSIBLE FOR ALL LOSS OR
INJURY RESULTING FROM ANY UNAUTHORIZED USE OF YOUR SIGN-ON ID OR PASSWORD.
I. Liability
Disclosure
By
applying for Online Banking, you agree to accept responsibility for protecting
the integrity of your Password and Challenge Questions and Answers. In order to
help prevent unauthorized transactions and/or account access, you also agree to
ensure the security of the Internet enabled device you own and/or use to access the First Bank Online
Banking service. By securing the Internet enabled
device you own and/or use, we specifically
mean installing anti-virus software, a firewall and spyware detection software
on your Internet enabled device and keeping this security software current; or
verifying that the above security software has been installed and is current.
You also agree that First Bank may revoke Online Banking access if unauthorized
account access and/or transactions occur as a result of your negligence in
safeguarding the Password and Challenge Questions and Answers, and if you fail
to ensure the security of the Internet enabled device you own and/or use to access the First Bank Online
Banking online banking service, as described above.
J. Unauthorized
Transactions in Your First Bank Accounts
Notify
us immediately if you believe another person has improperly obtained your Password
or Sign-ID. Also notify us immediately if someone has transferred or may
transfer money from your account without your permission, or if you suspect any
fraudulent activity on your account. Only reveal your account number to a
legitimate entity for a purpose you authorize (such as your insurance company
for automatic payments).
You
must promptly examine your monthly statement upon receipt and notify us within
thirty (30) days if your records and ours disagree. If you tell us orally, we
may require that you send us your complaint or question in writing. To notify
First Bank of unauthorized transactions:
-
Contact First Bank
Online Banking Help Desk using Messages services,
or
-
Fax First Bank at
907-225-0537, Attention: Electronic Banking Center, or
-
Telephone First
Bank at 1-888-220-4446 (or 228-4446 in Ketchikan) during business hours on a
business day; or
-
Write First Bank,
Electronic Banking Center, 2030 Sea Level Drive, Suite 200, Ketchikan, AK 99901
Notify us AT ONCE if you believe your
Password has been lost or stolen. Telephoning is the best way of keeping your
possible losses down. You could lose all the money in your account (plus your
maximum overdraft line of credit).
To the
extent not limited by the Electronic Funds Transfer Act or other applicable
law, you are liable for any loss we may suffer as a result of your failure to
properly and timely perform your obligations under this Agreement.
III. Account
Services
A. Account Management
In
managing your business accounts, you may use Online Banking to:
-
View account
balances and review transaction history.
-
Transfer money between accounts.
-
Pay bills directly
to any merchant, institution or individual in the amounts and on the days you
request.
-
Communicate
securely with First Bank through the Messages service.
These features are limited to the
extent and subject to the following:
-
Your ability to
transfer funds between certain accounts is limited by federal law, as stated in
the Deposit Agreement and Disclosure Statement.
-
The Bank may not immediately retrieve the notice
from the Messages service that you send. Therefore,
you should not rely on Messages service if you need to communicate with the Bank
immediately or example, if you need to stop payment on a check, to report a
lost or stolen card or to report an unauthorized transaction from one of your
accounts. The Bank will not take action based on your Messages service
requests until it actually receives your message and has a reasonable
opportunity to act upon your request.
-
You must review
transactional information at least once every 30 days to assure the accuracy of
your bank records. You have access to transaction history information when you
click on the Transaction Activity navigation button on the left-hand side of your
screen. Click on the Advanced Search button at the top of the Transaction
Activity Screen to access the �Advanced Search screen.
This screen will allow you to research transaction detail between a start and
end date. You are able to set the number of history days using the Dates navigation
button for the last 30 calendar days or more.
-
The Bank reserves the right to limit the frequency and dollar amount of
transactions from your Activated Accounts for any reason, including security
reasons.
-
If available, each transfer made from a loan account is
treated as a loan (cash) advance from that account and is subject to the
terms of your Credit Agreement with us. If you have a loan account with First Bank,
you appoint the Bank as your agent for purposes of taking any action necessary to
complete your request for a loan advance from your loan account and deposit the
loan advance in your designated account at the Bank.
-
Overdraft
protection (credit extended to cover overdrafts due to an insufficient funds)
for any Activated Account will only be available if the Bank has approved an
overdraft credit for the Activated Account.
-
The transaction
information and available balance you download through Online Banking are
current as of the close of the previous Business Day. Your actual available
balance may be higher or lower due to uncollected funds, holds, transactions,
or memos posted since the close of the previous Business Day. This is
for informational purposes only and is not equivalent at all times to the
statement information on the Bank's records. The Bank's statement records shall
control if there is any conflict with information reflected on your Online
Banking register or software program.
B. Funds Transfers
You may initiate transfers of funds between designated
accounts. Online real time Online Banking transfers between Activated Accounts
are processed immediately if the funds are collected. Recurring or scheduled
transfers, which are initiated prior to 10:00 a.m. on a Business Day, when the
bank has reasonable time to act, will be effective as of the close of business
of that Business Day. Transfers that are initiated after 10:00 a.m. on a
Business Day, or on a day other than a Business Day, will be effective as of
the close of business the following Business Day. By initiating the transfer of
funds from an account, you represent and warrant to us that the balance of
collected funds in the account is equal to or greater than the amount of the
transfer. We have no obligation to verify the availability of collected funds
in the account at the time of the transfer request. If an overdraft is created
as a result of a transfer request, you agree to reimburse us for the amount of
the overdraft immediately upon request and to pay such charges as may be
imposed by us as a result of the overdraft. The number of transfers from a
savings account is limited as described in the applicable Deposit Agreement and
Disclosure. 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.
You may
call us at 1-888-220-4446 (or 228-4446 in Ketchikan) to verify whether a
transfer has occurred. Other than the provision of monthly account statements,
we will not otherwise provide written or oral notice of transfers involving
your accounts. The provisions of this section shall survive termination of this
Agreement.
C. Deposit Account
Agreement and Disclosure Statement
Acceptance of your application for enrollment of your
accounts under this Access Agreement does not modify your rights and
obligations under your existing Deposit Account Agreement and Disclosure
Statement, which remains in full force and effect.
D.
Account Statements
For
each account to which or from which an electronic transfer may be made, we will
provide you a detailed periodic statement for each monthly cycle in which an
electronic transfer has occurred; and will send a detailed periodic statement
at least quarterly if no electronic transfer occurs.
IV. Bill Pay Services
A. SERVICE
DEFINITIONS
- Service
means the bill payment service offered by First Bank through CheckFree Services
Corporation.
- "Agreement" means these
terms and conditions of the bill payment service.
- "Biller" is the person or
entity to which you wish a bill payment to be directed or is the person or
entity from which you receive electronic bills, as the case may be.
- "Payment
Instruction" is the information provided by you to the Service for a bill
payment to be made to the Biller (such as, but not limited to, Biller name,
Biller account number, and Scheduled Payment Date).
- "Payment Account" is the
checking account from which bill payments will be debited.
- "Billing Account" is the
checking account from which all Service fees will be automatically debited.
- "Business Day" is every
Monday through Friday, excluding Federal Reserve holidays.
- "Scheduled Payment Date" is
the day you want your Biller to receive your bill payment and is also the day
your Payment Account will be debited, unless the Scheduled Payment Date falls
on a non-Business Day in which case it will be considered to be the previous
Business Day.
- "Due Date" is the date
reflected on your Biller statement for which the payment is due; it is not the
late date or grace period.
- "Scheduled Payment" is a
payment that has been scheduled through the Service but has not begun
processing.
B.
PAYMENT
SCHEDULING
The
earliest possible Scheduled Payment Date for each Biller (typically four (4) or
fewer Business Days from the current date) will be designated within the
application when you are scheduling the payment. Therefore, the application
will not permit you to select a Scheduled Payment Date less than the earliest
possible Scheduled Payment Date designated for each Biller. When scheduling
payments you must select a Scheduled Payment Date that is no later than the
actual Due Date reflected on your Biller statement unless the Due Date falls on
a non-Business Day. If the actual Due Date falls on a non-Business Day, you
must select a Scheduled Payment Date that is at least one (1) Business Day
before the actual Due Date. Scheduled Payment Dates must be prior to any late
date or grace period.
C.
THE SERVICE
GUARANTEE
Due to
circumstances beyond the control of the Service, particularly delays in
handling and posting payments by Billers or financial institutions, some
transactions may take longer to be credited to your account. The Service will
bear responsibility for any late payment related charges up to $50.00 should a
payment post after its Due Date as long as the payment was scheduled in
accordance with the guidelines described under "Payment Scheduling"
in this Agreement.
D.
PAYMENT
AUTHORIZATION AND PAYMENT REMITTANCE
You
represent and warrant that you are acting with full authority for the applying
entity, and that you are duly authorized to execute this Agreement on behalf of
the applying entity. 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:
1. If, through no fault of the Service,
your Payment Account does not contain sufficient funds to complete the
transaction or the transaction would exceed the credit limit of your overdraft
account;
2. The payment processing center is not
working properly and you know or have been advised by the Service about the
malfunction before you execute the transaction;
3. You have not provided the Service with
the correct Payment Account information, or the correct name, address, phone
number, or account information for the Biller; and/or,
4. Circumstances beyond control of the
Service (such as, but not limited to, fire, flood, or interference from an
outside force) prevent the proper execution of the transaction and the Service
has taken reasonable precautions to avoid those 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.
E.
PAYMENT
METHODS
The
Service reserves the right to select the method in which to remit funds on your
behalf to your Biller. These payment methods may include, but may not be
limited to, an electronic payment, an electronic to check payment, or a laser
draft payment (funds remitted to the Biller are deducted from your Payment
Account when the laser draft is presented to your financial institution for
payment).
F.
PAYMENT
CANCELLATION REQUESTS
You may
cancel or edit any Scheduled Payment (including recurring payments) by
following the directions within the application. There is no charge for
canceling or editing a Scheduled Payment. Once the Service has begun processing
a payment it cannot be cancelled or edited, therefore a stop payment request
must be submitted.
G.
STOP
PAYMENT REQUESTS
The Service's ability to process a stop payment request
will depend on the payment method and whether or not a check has cleared. The
Service may also not have a reasonable opportunity to act on any stop payment request
after a payment has been processed. If you desire to stop any payment that has
already been processed, you must contact Customer Service. Although the Service
will make every effort to accommodate your request, the Service will have no
liability for failing to do so. The Service may also require you to present
your request in writing within fourteen (14) days. The charge for each stop
payment request will be the current charge for such service as set out in the
applicable fee schedule.
H. PROHIBITED PAYMENTS
Payments
to Billers outside of the United States or its territories are prohibited
through the Service.
I.
EXCEPTION
PAYMENTS
Tax
payments and court ordered payments may be scheduled through the Service,
however such payments are discouraged and must be scheduled at your own risk.
In no event shall the Service be liable for any claims or damages resulting
from your scheduling of these types of payments. The Service Guarantee as it
applies to any late payment related changes is void when these types of
payments are scheduled and/or processed by the Service. The Service has no
obligation to research or resolve any claim resulting from an exception
payment. All research and resolution for any misapplied, mis-posted or
misdirected payments will be the sole responsibility of you and not of the
Service.
J.
BILL
DELIVERY AND PRESENTMENT
This
feature is for the presentment of electronic bills only and it is your sole
responsibility to contact your Billers directly if you do not receive your
statements. In addition, if you elect to activate one of the Service's
electronic bill options, you also agree to the following:
Information
provided to the Biller - The Service is unable to update or change your
personal information such as, but not limited to, name, address, phone numbers
and e-mail addresses, with the electronic Biller. Any changes will need to be
made by contacting the Biller directly. Additionally it is your responsibility
to maintain all usernames and passwords for all electronic Biller sites. You
also agree not to use someone else's information to gain unauthorized access to
another person's bill. The Service may, at the request of the Biller, provide
to the Biller your e-mail address, service address, or other data specifically
requested by the Biller at the time of activating the electronic bill for that
Biller, for purposes of
the Biller informing you about Service and/or bill information.
Activation -
Upon activation of the electronic bill feature the Service may notify the
Biller of your request to receive electronic billing information. The
presentment of your first electronic bill may vary from Biller to
Biller and may take up to sixty (60) days, depending on the billing cycle of
each Biller. Additionally, the ability to receive a paper copy of your
statement(s) is at the sole discretion of the Biller. While your electronic
bill feature is being activated it is your responsibility to keep your accounts
current. Each electronic Biller reserves the right to accept or deny your
request to receive electronic bills.
Authorization to obtain bill data -
Your activation of the electronic bill feature for a Biller shall be deemed by
us to be your authorization for us to obtain bill data from the Biller on your
behalf. For some Billers, you will be asked to provide us with your user name
and password for that Biller. By providing us with such information, you
authorize us to use the information to obtain your bill data.
Notification - The Service will use
its best efforts to present all of your electronic bills promptly. In addition
to notification within the Service, the Service may send an e-mail notification
to the e-mail address listed for your account. It is your sole responsibility
to ensure that this information is accurate. In the event you do not receive
notification, it is your responsibility to periodically logon to the Service
and check on the delivery of new electronic bills. The time for notification
may vary from Biller to Biller. You are responsible for ensuring timely payment
of all bills.
Cancellation of electronic bill
notification - The electronic Biller reserves the right to cancel the
presentment of electronic bills at any time. You may cancel electronic bill
presentment at any time. The timeframe for cancellation of your electronic bill
presentment may vary from Biller to Biller. It may take up to sixty (60) days,
depending on the billing cycle of each Biller. The Service will notify your
electronic Biller(s) as to the change in status of your account and it is your
sole responsibility to make arrangements for an alternative form of bill
delivery. The Service will not be responsible for presenting any electronic
bills that are already in process at the time of cancellation.
Non-Delivery of electronic bill(s) -
You agree to hold the Service harmless should the Biller fail to deliver your
statement(s). You are responsible for ensuring timely payment of all bills.
Copies of previously delivered bills must be requested from the Biller
directly.
Accuracy and dispute of electronic
bill - The Service is not responsible for the accuracy of your electronic
bill(s). The Service is only responsible for presenting the information we
receive from the Biller. Any discrepancies or disputes regarding the accuracy
of your electronic bill summary or detail must be addressed with the Biller
directly.
This Agreement does not alter your
liability or obligations that currently exist between you and your Billers.
K.
EXCLUSIONS
OF WARRANTIES
THE
SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
L. PASSWORD AND
SECURITY
You agree not to give or make available your password or
other means to access your account to any unauthorized individuals. You are
responsible for all payments you authorize using the Service. If you permit other persons to use the
Service or your password or other means to access your account, you are
responsible for any transactions they authorize. If you believe that your
password or other means to access your account has been lost or stolen or that
someone may attempt to use the Service without your consent or has transferred
money without your permission, you must notify the Service at once by calling
855-841-5406 during customer service hours. Wording for Sponsors with e-mail
contact only: you must notify the Service at once by using the application's
e-messaging feature.
M.
YOUR
LIABILITY FOR UNAUTHORIZED TRANSFERS
If you
tell us within two (2) Business Days after you discover your password or other
means to access your account has been lost or stolen, your liability is no more
than $50.00 should someone access your account without your permission. If you
do not tell us within two (2) Business Days after you learn of such loss or
theft, and we can prove that we could have prevented the unauthorized use of
your password or other means to access your account if you had told us, you
could be liable for as much as $500.00. If your monthly financial institution
statement contains transfers that you did not authorize, you must tell us at
once. If you do not tell us within sixty (60) days after the statement was sent
to you, you may lose any amount transferred without your authorization after the
sixty (60) days if we can prove that we could have stopped someone from taking
the money had you told us in time. If a good reason (such as a long trip or a
hospital stay) prevented you from telling us, we may extend the period.
N. ERRORS AND
QUESTIONS
In case
of errors or questions about your transactions, you should as soon as possible
notify us via one of the following:
1.
Telephone us at
855-841-5406 during customer service hours;
2.
Contact us by
using the application's e-messaging feature; and/or,
3.
Write us at:
First Bank
2030 Sea Level Dr.
Suite 200
Ketchikan, AK 99901
If you think your statement is
incorrect or you need more information about a Service transaction listed on
the statement, we must hear from you no later than sixty (60) days after the
FIRST statement was sent to you on which the problem or error appears. You
must:
1.
Tell us your name and Service account number;
2.
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,
3. Tell us the dollar amount of the suspected error.
If you tell us
verbally, we may require that you send your complaint in writing within ten
(10) Business Days after your verbal notification. We will tell you the results
of our investigation within ten (10) Business Days after we hear from you, and
will correct any error promptly. However, if we require more time to confirm
the nature of your complaint or question, we reserve the right to take up to
forty-five (45) days to complete our investigation. If we decide to do this, we
will provisionally credit your Payment Account within ten (10) Business Days
for the amount you think is in error. If we ask you to submit your complaint or
question in writing and we do not receive it within ten (10) Business Days, we
may not provisionally credit your Payment Account. If it is determined there
was no error we will mail you
a written explanation within three (3) Business Days after completion of our
investigation. You may ask for copies of documents used in our investigation.
The Service may revoke any provisional credit provided to you if we find an
error did not occur.
O.
DISCLOSURE
OF ACCOUNT INFORMATION TO THIRD PARTIES
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:
1.
Where it is
necessary for completing transactions;
2. Where it is
necessary for activating additional services;
3. In order to verify
the existence and condition of your account to a third party, such as a credit
bureau or Biller;
4. To a consumer
reporting agency for research purposes only;
5. In order to comply
with a governmental agency or court orders; or,
6. If you give us your written permission.
P. SERVICE FEES AND
ADDITIONAL CHARGES
Any
applicable fees will be charged regardless of whether the Service was used
during the billing cycle. There may be a charge for additional transactions and
other optional services. You agree to pay such charges and authorize the
Service to deduct the calculated amount from your designated Billing Account
for these amounts and any additional charges that may be incurred by you. Any
financial fees associated with your standard deposit accounts will continue to
apply. You are responsible for any and all telephone access fees and/or
Internet service fees that may be assessed by your telephone and/or Internet
service provider.
Q. FAILED OR
RETURNED TRANSACTIONS
In
using the Service, you are requesting the Service to make payments for you from
your Payment Account. If we are unable to complete the transaction for any
reason associated with your Payment Account (for example, there are
insufficient funds in your Payment Account to cover the transaction), the transaction
may not be completed. In some instances, you will receive a return notice from
the Service. In each such case, you agree that:
1. You will reimburse
the Service immediately upon demand the transaction amount that has been
returned to the Service;
2. For any amount not
reimbursed to the Service within fifteen (15) days of the initial notification,
a late charge equal to 1.5% monthly interest or the legal maximum, whichever
rate is lower, for any unpaid amounts may be imposed;
3. You will reimburse
the Service for any fees imposed by your financial institution as a result of
the return;
4. You will reimburse
the Service for any fees or costs it incurs in attempting to collect the amount
of the return from you; and,
5. The Service is
authorized to report the facts concerning the return to any credit reporting
agency.
R.
ALTERATIONS AND AMENDMENTS
This
Agreement, applicable fees and service charges may be altered or amended by the
Service from time to time. In such event, the Service shall provide notice to
you. Any use of the Service after the Service provides you a notice of change
will constitute your agreement to such change(s). Further, the Service may,
from time to time, revise or update the applications, services, and/or related
material, which may render all such prior versions obsolete. Consequently, the
Service reserves the right to terminate this Agreement as to all such prior
versions of the applications, services, and/or related material and limit
access to only the Service's more recent revisions and updates. In addition, as
part of the Service, you agree to receive all legally required notifications
via electronic means.
S. ADDRESS OR
BANKING CHANGES
It is
your sole responsibility to ensure that the contact information in your user
profile is current and accurate. This includes, but is not limited to, name,
address, phone numbers and email addresses. Changes can be made either within
the application or by contacting Customer Service. Any changes in your Payment
Account should also be made in accordance with the procedures outlined within
the application's Help files. All changes made are effective immediately for
scheduled and future payments paid from the updated Payment Account
information. The Service is not responsible for any payment processing errors or
fees incurred if you do not provide accurate Payment Account or contact
information.
T.
SERVICE
TERMINATION, CANCELLATION, OR SUSPENSION
In the
event you wish to cancel the Service, you may have the ability to do so through
the product, or you may contact customer service via one of the following:
1.
Telephone us at
855-841-5406 during customer service hours; and/or
2.
Write us at:
First
Bank
2030 Sea Level Dr.
Suite 200
Ketchikan, AK 99901
Any payment(s) the Service has already
processed before the requested cancellation date will be completed by the
Service. All Scheduled Payments including recurring payments will not be
processed once the Service is cancelled. The Service may terminate or suspend
Service to you at any time. Neither termination nor suspension shall affect
your liability or obligations under this Agreement.
U. BILLER LIMITATION
The
Service reserves the right to refuse to pay any Biller to whom you may direct a
payment. The Service will notify you promptly if it decides to refuse to pay a
Biller designated by you. This notification is not required if you attempt to
make a prohibited payment or an exception payment under this Agreement.
V. RETURNED
PAYMENTS
In
using the Service, you understand that Billers and/or the United States Postal
Service may return payments to the Service for various reasons such as, but not
limited to, Biller's forwarding address expired; Biller account number is not
valid; Biller is unable to locate account; or Biller account is paid in full.
The Service will use its best efforts to research and correct the returned
payment and return it to your Biller, or void the payment and credit your
Payment Account. You may receive notification from the Service.
W. INFORMATION
AUTHORIZATION
Your
enrollment in the Service may not be fulfilled if the Service cannot verify
your identity or other necessary information. In order to verify ownership of
the Payment Account(s) and/or Billing Account, the Service may issue offsetting
debits and credits to the Payment Account(s) and/or Billing Account, and
require confirmation of such from you. Through your enrollment in the Service,
you agree that the Service reserves the right to request a review of your
credit rating at its own expense through an authorized bureau. In addition, you
agree that the Service reserves the right to obtain financial information
regarding your account from a Biller or your financial institution (for
example, to resolve payment posting problems or for verification).
X. DISPUTES
In the
event of a dispute regarding the Service, you and the Service agree to resolve
the dispute by looking to this Agreement. You agree that this Agreement is the
complete and exclusive statement of the agreement between you and the Service
which supersedes any proposal or prior agreement, oral or written, and any
other communications between you and the Service relating to the subject matter
of this Agreement. If there is a conflict between what an employee of the
Service or Customer Service Department says and the terms of this Agreement,
the terms of this Agreement will prevail.
Y. ASSIGNMENT
You may not assign this Agreement to any other party.
The Service may assign this Agreement to any future, directly or indirectly,
affiliated company. The Service may also assign or delegate certain of its
rights and responsibilities under this Agreement to independent contractors or
other third parties.
Z.
NO WAIVER
The
Service shall not be deemed to have waived any of its rights or remedies
hereunder unless such waiver is in writing and signed by the Service. No delay
or omission on the part of the Service in exercising any rights or remedies
shall operate as a waiver of such rights or remedies or any other rights or
remedies. A waiver on any one occasion shall not be construed as a bar or
waiver of any rights or remedies on future occasions.
AA.
CAPTIONS
The
captions of sections hereof are for convenience only and shall not control or
affect the meaning or construction of any of the provisions of this Agreement.
BB.
GOVERNING
LAW
This
Agreement shall be governed by and construed in accordance with the laws of the
State of Alaska, without regard to its conflicts of laws provisions. To the
extent that the terms of this Agreement conflict with applicable state or
federal law, such state or federal law shall replace such conflicting terms
only to the extent required by law. Unless expressly stated otherwise, all
other terms of this Agreement shall remain in full force and effect.
THE FOREGOING SHALL CONSTITUTE THE
SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE
SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE
POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR
MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
V. General
Conditions
A. Payment Account
You
agree to pay promptly all fees and charges for services provided under this
Agreement and authorize us to charge the account that you have designated as
the payment account or any other account for fees and any overdrafts. If you
close the payment account, you must immediately notify First Bank and identify
a new payment account for the selected services. Additionally, if you close all
First Bank accounts, you must immediately cancel all your Online Banking
services.
B. Monthly Fees
You
agree to pay any special charges in effect and as announced by the Bank from
time to time. These charges are in addition to the fees and service charges specified
in your applicable checking, savings or overdraft protection account agreements
(for example, uncollected or overdraft charges on your checking account).
If the payment
account has insufficient funds to cover fees, the Bank will deduct the fee from
any other checking account you have with First Bank, whether or not it is
linked to Online Banking (in any order we may choose). If the fee cannot be
paid, we may cancel your service. After cancellation, your service may be
reinstated at the Bank's discretion by contacting the First Bank Online Banking
Help Desk once sufficient funds are available in your payment account to cover
the fees and any other pending transfers or debits.
C. Maintenance of Account Balances
First Bank operates in both real time mode (upon
receipt) and batch mode (at certain scheduled times) depending upon timing,
scheduling, and method of receiving and posting transactions. Transfers and
bill payments occur in real time. Some batch transactions such as Automated
Clearing House (ACH) debit and credit transactions are posted to your account
at various times throughout the Business Day. From time to time during any
Business Day, First Bank may transmit or receive a balance file, which debits
or credits your account. Transactions, which may be authorized online such as
ATM and point of sale transactions, may also be posted to your account in real
time mode. It is your responsibility to see that you have sufficient collected
funds in your accounts throughout each day to cover all debits to each account.
If there are insufficient funds, you may receive a message in your Messages indicating
that a transaction will not be processed.
D.
Overdrafts And Order of Payments
If your
account has insufficient funds at the time First Bank performs any fund
transfer (checks, ATM withdrawals, pre-authorized transactions, Online Banking
Business Banking transfers and bill payments, etc.) that you have requested for
a given business day, then:
1. Pre-authorized overdraft privileges will be exercised
including transfers from checking, savings, or Business line of credit, but
only to the extent authorized by the Bank in advance;
2. If your account still lacks sufficient collected funds,
we may, in our sole discretion, give certain electronic funds transfers
involving currency disbursement, like ATM withdrawals, priority; and
3. If your account
still lacks sufficient collected funds, we may allow the electronic funds
transfers initiated through Online Banking to be completed resulting in an
overdraft of your account, or we may choose not to process certain of your
transactions.
If you have a
scheduled payment that results in an insufficient funds return, the scheduled
payment will not be processed, and no attempt will be made to retry processing
the payment. If this should occur, you will receive notification in your Online
Banking Messages. Your next scheduled payment
will not be affected. You are responsible for making any scheduled payments,
and paying any related charges or penalties, if First Bank is unable to make
your payment due to insufficient funds or for any other reasons set forth in
Section IV A above.
The
Bank reserves the right, in its sole discretion, to refuse to process any item
or any transaction which will result in an overdraft of your account, with the
limited exception for accounts with preauthorized overdraft privileges. In
addition, the bank may choose to close your account. In all events, you will be
charged the insufficient funds charges that apply to your account.
E.
Account Cancellation
If you
wish to cancel any of the Online Banking Services please contact the First Bank
Online Banking Help Desk using one of
the following methods:
-
Contact First Bank
Online Banking Help Desk using Messages service,
or
- Fax First Bank at
907-225-0537, Attention: Electronic Banking Center, or
- Telephone First Bank
at 1-888-220-4446 (or 228-4446 in Ketchikan) during business hours on a
business day; or
- Write First Bank, Electronic Banking
Center, 2030 Sea Level Drive, Suite 200, Ketchikan, AK 99901 You will
remain responsible, however, for any transactions then in process and for any fees
or overdrafts due at the point of cancellation.
F. Disclosure of Account Information to
Third Parties
The Bank maintains procedures designed to protect
confidential information about you and your use of the Bank's products and
services. It is the Bank's practice not to share confidential information about
you outside First Bank and the companies it owns (affiliates) and third party
vendors who provide services for the products provided to you, except as
otherwise disclosed and agreed to herein or in any other Agreement the Bank or
any of its affiliates may have with you. Third party vendors agree to guard
your information and are prohibited from using such information independently
from the Bank.
The
Bank may access information about you and your credit account, deposit account,
or other account at the Bank or its affiliates or third party vendors
(collectively called Account) and related paper-based or electronic
communications, records and data in transmission or storage with the Bank and
the Bank's affiliates and third party vendors (collectively called the
Information). The Bank will not release your Information to third parties
outside First Bank and its affiliates and third party vendors except when (a) the
Bank or you are compelled to disclose the contents of the records by a court
order; (b) its disclosure is required by federal or state law or regulation;
(c) disclosure is authorized in writing by you; (d) disclosure is made to the
holder of a negotiable instrument drawn on the Bank as to whether the drawer
has sufficient funds in the Bank to cover the instrument; (e) an inquiry has
been made by a bank, savings association, or savings and loan association
regulated under this title, or by a credit-reporting agency regulated under 15
U.S.C. 1681-1681t (Fair Credit Reporting Act) solely for the express purpose of
determining the credit worthiness of you as an applicant for credit, and the
information disclosed by the Bank or the entity making the inquiry under this
paragraph pertains only to the payment habits of you in connection with loans
and other credit accommodations and does not pertain to records concerning
deposit balances in savings or checking accounts; and (f) disclosure to a third
party vendor is necessary in order for the Bank to provide you with the
services governed by this Agreement.
When disclosure
of Bank records is required or allowed under (a) or (b) of this section, we
shall notify you of the disclosure. If notification before disclosure is not
possible, we shall immediately notify you of the disclosure or inquiry.
However, notification may not be made if disclosure is made under a search
warrant or under a court order issued at the behest of a grand jury. By using
this Service, you specifically agree that the Bank may disclose such
Information to First Bank affiliates and to third party vendors outside First
Bank and its affiliates in the manner described above.
G. Questions or Error Correction on
Online Banking Services Transactions �Business Accounts
In case
of questions or errors about Online Banking Business Banking involving your
account, contact First Bank Online Banking Help Desk using one of the following
methods:
-
Contact First Bank
Online Banking Help Desk using Messages service,
or
- Fax First Bank at 907-225-0537,
Attention: Electronic Banking Center, or
-
Telephone First
Bank at 1-888-220-4446 (or 228-4446 in Ketchikan) during business hours on ��� a
business day; or
-
Write First Bank,
Electronic Banking Center, 2030 Sea Level Drive, Suite 200, Ketchikan, AK 99901
Contact us right away if you discover:
(a) any error or discrepancy between your records and the information we
provide to you about your accounts or transactions (e.g., in a statement,
confirmation, or electronic report); (b) unauthorized transactions involving
your Bank accounts or records; (c) a breach in the confidentiality of the
Security Procedures; or (d) other problems related to the Services. You must
send us a written notice at the address listed in this section of the discrepancy
or other problem, including a statement of the relevant facts (name, account
number, description of the error that includes the type, date and amount of the
error), within a reasonable time (not to exceed thirty (30) days from the date
you first discover the problem, receive information, or account statements from
us reflecting the problem, whichever occurs first). The provisions of this
section shall survive termination of this Agreement.
First Bank will investigate your
complaint and tell you the results of our investigation. We will promptly
correct any error for which the Bank is responsible. If we need more time,
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. If we determine that there was no error, we will send
you a written explanation after we finish our investigation. You may request
copies of the documents that we used in our investigation.
H.
Questions or Error Correction on Online Banking Services Transactions
Consumer Accounts
If you are a sole proprietor and you chose to include
your consumer accounts (Consumer Accounts are any accounts which you have
established primarily for personal, family, or household purposes and that are
subject to Federal Reserve Regulation E) on your Online Banking Business
enrollment, the following provisions apply to your use of the Service.
Regulation E covers electronic fund transfers that debit or credit a consumer's
checking, savings or other asset account (an EFT). In case of questions or
errors about Online Banking funds transfers through Online Banking involving
your Consumer Account, contact First Bank Online Banking Help Desk using one of
the following methods:
-
Contact First Bank
Online Banking Help Desk using Messages service,
or
-
Fax First Bank at
907-225-0537, Attention: Electronic Banking Center, or
- Telephone First Bank at 1-888-220-4446
(or 228-4446 in Ketchikan) during business hours on a business day; or
- Write First Bank, Electronic Banking
Center, 2030 Sea Level Drive, Suite 200, Ketchikan, AK 99901
Contact us right away if you discover:
(a) any error or discrepancy between your records and the information we
provide to you about your accounts or transactions (e.g., in a statement,
confirmation, or electronic report); (b) unauthorized transactions involving
your Bank accounts or records; (c) a breach in the confidentiality of the
Security Procedures; or (d) other problems related to the Services. You must
send us a written notice of the discrepancy or other problem, within a
reasonable time (not to exceed 60 days from the date you first receive an
account statement from us reflecting the problem). In your notice, you must:
(1) tell us your name and account number; (2) Describe the error or the
transfer you are unsure about, and explain as clearly as you can why you
believe it is an error or why you need more information; and (3) Tell us, to
the extent possible, the type, date and amount of the suspected error. If you tell
us orally, we may require that you send us your complaint or question in
writing within 10 business days. We will determine whether an error occurred
within 10 business days after we hear from you and will correct any error
promptly. If we need more time, however, we may take up to 45 days to
investigate your complaint or question. If we decide to do this, we will
provisionally credit your account within 10 business days after receipt of your
error notice for the amount you think is in error, so that you will have the
use of the money during the time it takes us to complete our investigation. If
we ask you to put your complaint or question in writing and we do not receive
it within 10 business days, we may not credit your account.
We will
tell you the results within three business days after completing our
investigation. If we decide that there was no error, we will send you a written
explanation. You may ask for copies of the documents that we used in our
investigation. The provisions of this section shall survive termination of this
Agreement.
Notwithstanding
any other provision of this Agreement, your liability for an unauthorized EFT
or a series of related unauthorized EFTS from a Consumer Account will be
determined as follows:
(a) If you notify us
within two business days after learning of the loss or theft of your password,
your liability will not exceed the lesser of $50 or the amount of unauthorized
EFTs that occur before notice to us. For purposes of this Agreement, business
days are any day except Saturdays, Sundays and federal holidays.
(b) If you fail to notify us within two
business days after learning of the loss or theft of your password, your
liability will not exceed the lesser of $500 or the sum of $50 or the amount
of unauthorized EFTs that occur within the two business days, whichever is
less; and the amount of unauthorized EFTs that occur after the loss of two
business days and before notice to us, provided we establish that these EFTs
would not have occurred had you notified us within that two-day period.
(c) You must report
an unauthorized EFT that appears on a periodic statement within 60 days of our
transmittal of the statement to avoid liability for subsequent transfers. If
you fail to do so, your liability will not exceed the amount of the unauthorized
EFTs that occur after the close of the 60 days and before notice to us, and
that we establish would not have occurred had you notified us within the 60-day
period. You may, as applicable, also
be liable for the amounts described in the immediately preceding sections (a)
or (b) above.
(d) If your delay in notifying us was
due to extenuating circumstances, we will extend the times specified in the
immediately preceding paragraphs (a), (b), or (c) above to a reasonable period.
In the event of any inconsistency
between the provisions of this Section or Regulation E, and the other
provisions of this Agreement, the provisions of this Section and Regulation E
shall control.
I. Changes to Charges, Fees or Other
Terms
We
reserve the right to change the charges, fees or other terms described in this
Access Agreement. However, when changes are made, we will notify you online, or
send a notice to you at the address shown on our records, or send you an
electronic mail message (Messages service). The notice will be posted or sent at least
thirty (30) days in advance of the effective date of any additional fees for
online transactions, or of any stricter limits on the type, amount or frequency
of transactions or any increase in your responsibility for unauthorized transactions
or other change, unless an immediate change is necessary to maintain the
security of the system. If such a change is made, and it can be disclosed
without jeopardizing the security of the system, we will provide you with
electronic or written notice within thirty (30) days after the change. As
always, you may choose to accept or decline changes by continuing or
discontinuing the accounts or services to which these changes relate. We also
reserve the option, in our business judgment, to waive, reduce or reverse
charges or fees in individual situations. Changes to fees applicable to
specific accounts are governed by the applicable Deposit Agreement and
Disclosure.
J. Stop Payments
Subject to certain limitations, you may order the Bank to
stop payment on any check or other item drawn on or electronic transfers
affecting your account (collectively Items), whether drawn by you or any other
Account Owner. A fee is charged for this service. The stop payment request will
be effective if the Bank receives the order at such time and in such manner as
to afford the Bank a reasonable opportunity to act upon the order. A stop
payment order may be given by calling us or by sending an e-mail message
through Messages service. We will check for
e-mail messages at 10:00 a.m., 1:00 p.m. and 4:00 p.m. Alaska Standard Time,
Monday through Friday, excluding Bank Holidays. If you miss a cutoff time, your
stop payment request will not be processed until the next available cut-off
time. In all events, stop payment requests received in any way after 4:00 p.m.
will be processed on the next Business Day. In the case of payments you have
arranged to be regularly made from your accounts, oral or written notice must
be made in time for us to receive your request at least three business days
before the next payment is scheduled to be made. The Bank will require you to
provide the exact account number, the date, the exact amount, the check number,
and the name of the payee for each Item. Accuracy is essential since stop
payment orders are processed by computers operating on the basis of precise
information. If you give the Bank incorrect information, the Bank will not be
responsible for failing to stop payment on the Item. A stop payment order
becomes effective when we confirm its receipt and have verified that the Item
or transaction has not
been paid by us. You acknowledge that acceptance of a stop payment order by the
Bank will not constitute a representation that the item has not already been
paid or that the Bank has a reasonable opportunity to act upon the order. You
may not stop payment on a cashier's check, certified check, guaranteed check,
money order or on any check for which a cashier's check was issued. In
addition, you may not stop payment on checks governed by a separate agreement,
such as a check guaranty agreement. Further, you may not stop payment on an
Item after acceptance of the Item by the Bank.
You
should be aware that while payment of an item may be stopped, you might remain
liable to any person, including the Bank, who is a holder of the Item despite
the stop payment order. The validity and duration of stop payment orders are
subject to applicable state law. Stop payment orders are good for one year
(unless renewed). A copy of the stop order will be given to you when you come
into the branch to place the stop payment. You will be mailed a confirmation of
the stop payment information when you place a stop payment by telephone or by
e-mail. You need to verify all information in the confirmation and only contact
us if there is a discrepancy. The Bank is entitled to a reasonable period of
time following the receipt of the stop payment order to notify its employees of
its receipt.
The Bank has the right to pursue reimbursement, upon
re-crediting your account following an inadvertent payment of an Item over a
valid stop order. In such an event, you agree to transfer to the Bank all
rights against the payee or other holder of the Item. You agree to indemnify,
defend and hold the Bank harmless from any loss, expense, and cost incurred as
a result of stopping payment on an Item, other than losses or costs arising out
of our failure to act in good faith or with ordinary care. If you issue a
replacement Item, you are responsible for reviewing the prior statements to
determine if the original Item has been paid. The Bank will only review its
records for transactions since your last statement date. The Bank will not be
responsible for any loss incurred by you if you issue a replacement Item for
any check on which you stopped payment if payment of the original Item was
reflected on a previous bank statement. The provisions of this section shall
survive termination of this Agreement.
K. Service Changes and Additions
You may request at any time to change
the processing instructions for any Service. We are not obligated to implement
any requested changes until we have had a reasonable opportunity to act upon
your request. In making changes, we are entitled to rely on requests purporting
to be from you. For certain changes, we may require that your requests be in
writing, in a form and manner acceptable to us. Changes are subject to our
approval. Bank may, from time to time, introduce new online services. We will
notify you of any new services. By using these services when they become available,
you agree to be bound by the rules communicated to you concerning these
services.
L. Confidentiality
You
acknowledge our claim to proprietary rights in all materials we may provide to
you to access any Online Banking service subject to this Agreement (Materials)
and that the Materials constitute our "trade secrets" or trade
secrets of our licensors or vendors. You understand that all Materials are
confidential and you will:
-
Safeguard the
Materials at all times;
-
Establish and
maintain procedures to assure the confidentiality of the Materials and any password
or code assigned to or used by you;
- Use the Materials only for the
purposes for which we provide them; and
-
Notify us promptly
by telephone, confirmed in writing, if any Materials are lost or their
confidentiality is compromised.
- You
will not, nor will you allow anyone else to, do any of the following without
our prior consent:
-
Disclose any
Materials to any person or entity, except to your employees and agents with a
need to know the Materials;
-
Make any copies,
in whole or in part, of any Materials in whatever form or medium (electronic,
printed or otherwise) in which they may exist from time to time, except as
provided in the Software License section; or
-
Translate, reverse engineer, disassemble or decompile any Software or
security devices. These confidentiality obligations continue after each Service
you are using is terminated. You have sole responsibility for the custody,
control and use of all Materials. You agree that no individual will be allowed
to initiate a request or other instruction contemplated in this Access
Agreement or to have access to any Materials without proper supervision and
strict security procedures. We will be fully protected in relying on the
correct user identification codes and passwords, as described in the relevant
user documentation.
M.
Cutoff Hours
A
number of our services are subject to processing cutoff hours on a business
day. You can obtain information on our current cutoff hours by contacting your
office of account. Instructions received after a cutoff hour or on a day other
than a business day may be deemed received as of the next business day.
VI. Disclosures
A. Cooperation
in Loss Recovery Efforts
In the event of any damages for which the Bank or you
may be liable to each other or to a third party pursuant to the services
provided under this Agreement, the Bank and you will undertake reasonable
efforts to cooperate with each other, as permitted by applicable law, in performing
loss recovery efforts and in connection with any actions that the relevant
party may be obligated to defend or elects to pursue against a third party.
B. Limitation
of Liability and Damages
First
Bank will not be liable for loss or damage of any kind if we do not complete a
transfer to or from any Activated Account on time or in the correct amount
according to our agreement with you if:
- Through no fault
of ours, you do not have enough money in your account to make a
transfer.
- A legal order
directs us to prohibit withdrawals from the account.
- Your account is
closed or if it has been frozen.
- The transfer would
cause your balance to go over the credit limit for any credit arrangement
set up to cover overdrafts.
- You, or anyone you
allow or act on your behalf, commits any fraud or violates any law or regulation.
- Any electronic terminal,
telecommunication device or any part of the electronic fund transfer
system is not working properly.
- You have not provided us
with complete and correct payment information including without
limitation the name, address, account number, and payment amount for the payee
on a bill payment.
-
You did not
authorize payment early enough for the payment to be scheduled, transmitted,
received and credited by your creditor�s due date.
- The Bank made
timely payment but your creditor did not properly credit the payment
after receipt.
- You have not
properly followed the instructions for using Online Banking Services.
- The transfer or
payment could not be made or completed due to system unavailability
- Your creditor
rejected or otherwise returned your payment.
-
Circumstances beyond our control (such
as fire, communications failures, flood or improper transmission or handling of
payments by a third party) prevent the transfer, despite reasonable precautions
taken by us. We will not be responsible for any loss, delay, cost or liability
which arises, directly or indirectly, in whole or in part, from: (a) your
actions or omissions, or those of third parties which are not within our
immediate and reasonable control; (b) your negligence or breach of any
agreement with us; (c) any ambiguity, inaccuracy or omission in any instruction
or information provided to us; (d) the application of any government or funds
transfer system rule, guideline, policy or regulation; or (e) our inability to
confirm to our satisfaction the authority of any person to act on your behalf.
Except for losses caused by our gross
negligence or willful misconduct, our liability for any loss, cost, or
liability arising from our actions or omissions will not exceed the average
monthly charge for the Service in question for the month preceding the date of
loss, except as otherwise required by law. We will not be responsible, under
any circumstances, for any punitive damages or for any special, indirect,
exemplary, consequential or punitive damages which you incur in connection with
this Agreement or the services, even if we are aware of the possibility for such
damages. The provisions in this section shall survive the termination of this
Agreement.
You acknowledge that our Service fees
have been established in contemplation of: (a) these limitations on our
liability, and (b) your agreement to review statements and notices promptly and
to notify us immediately of any discrepancies or problems.
B. Dispute Resolution
All
disputes under this Agreement (except as set forth in the third paragraph
below) shall be resolved by binding arbitration in accordance with the terms of
this Section. A Dispute shall mean any action, dispute, claim or controversy
of any kind, whether in contract or tort, statutory or common law, legal or
equitable, now existing or hereafter arising under or in connection with, or in
any way pertaining to this Agreement. Any party may by summary proceedings,
bring an action in court to compel arbitration of a Dispute. Any party who
fails or refuses to submit to arbitration following a lawful demand by any
other party shall bear all costs and expenses incurred by such other party in
compelling arbitration of any Dispute.
Arbitration proceedings shall be administered by the
American Arbitration Association (AAA) or such other administrator as the
parties shall mutually agree upon. Arbitration shall be conducted in accordance
with the AAA Commercial Arbitration Rules. If there is any inconsistency
between the terms hereof and any such rules, the terms and procedures set forth
herein shall control. All Disputes submitted to arbitration shall be resolved
in accordance with the Alaska Arbitration Act. The arbitration shall be
conducted at Ketchikan, Alaska, provided however that either party may present
testimony by telephone or video conference. All statutes of limitation
applicable to any Dispute shall apply to any arbitration proceeding. All
discovery activities shall be expressly limited to matters directly relevant to
the dispute being arbitrated. Judgment upon any award rendered in an
arbitration may be entered in any court having jurisdiction; provided, however,
that nothing contained herein shall be deemed to be a waiver, by any party that
is a bank, of the protections afforded to it under 12 U.S.C. 91 or any similar
applicable state law.
This
Arbitration provision shall not apply to a claim by Bank against Customer for
failure to pay amounts due under the terms of this Agreement. Further, no
provision hereof shall limit the right of any party to obtain provisional or
ancillary remedies, including without limitation injunctive relief, attachment
or the appointment of a receiver, from a court of competent jurisdiction
before, after or during the pendency of any arbitration or other proceeding.
The exercise of any such remedy shall not waive the right of any party to
compel arbitration or reference hereunder.
The arbitrators shall be required to make specific,
written findings of fact and conclusions of law. In such arbitration (i) the
arbitrators shall not have the power to make any award that is not supported by
substantial evidence or that is based on legal error, (ii) an award shall not
be binding upon the parties unless the findings of fact are supported by
substantial evidence and the conclusions of law are not erroneous under the
substantive law of the state of Alaska, and (iii) the parties shall have in
addition to the grounds referred to in the Alaska Arbitration Act for vacating,
modifying or correcting an award, the right to judicial review of (A) whether
the findings of fact rendered by the arbitrators are supported by substantial
evidence, and (B) whether the conclusions of law are erroneous under the substantive law of
the state of Alaska. Judgment confirming an award in such a proceeding may be
entered only if a court determines the award is supported by substantial
evidence and not based on legal error under the substantive law of the State of
Alaska.
The
arbitrator(s) will have no authority to award punitive or other damages not
measured by the prevailing party's actual damages, except as may be required by
statute or limited by this Agreement. The arbitrator(s) shall not award
consequential damages in any arbitration initiated under this Section. Any
award in an arbitration under this Section shall be limited to monetary damages
and shall include no injunction or direction to any party other than the
direction to pay a monetary amount.
To the
maximum extent practicable, the AAA, the arbitrators and the parties shall take
all action required to conclude any arbitration proceeding within 180 days of
the filing of the Dispute with the AAA. No arbitrator or other party to an
arbitration proceeding may disclose the existence, content or results thereof,
except for disclosures of information by a party required in the ordinary
course of its business, by applicable law or regulation, or to the extent
necessary to exercise any judicial review rights set forth herein.
Any
claim under this Access Agreement or to recover any Online Banking Service
related loss must be commenced within one (1) year from the date that the event
giving rise to the claim first occurred. The provisions of this section will
survive termination of this Agreement.
C.
Facsimile Signatures
Many
businesses use a facsimile signature as a convenient method for signing checks,
documents and other items. If you choose to use a facsimile signature, you must
provide us with a specimen facsimile signature of each person authorized to do
so. You are responsible for any withdrawal from your account that bears or
appears to us to bear a facsimile signature that resembles the signature of an
authorized person. If you choose to use a facsimile signature, you are
responsible even if you have not presented us with a specimen facsimile
signature or if the size, color, or style of the facsimile signature,
regardless of the size, color, or style of the check, is different from that of
the facsimile signature you typically use. We may pay the withdrawal and may
charge your account for it. You agree to compensate us for all losses, claims,
damages, or expenses, including reasonable attorney's fees, which result from
our payment of a withdrawal bearing a facsimile that resembles your signature
or a facsimile that we believe you authorized. The provisions of this section
shall survive termination of this Agreement.
D. Integration of
Agreements
This Access Agreement will be controlling in the event
of any conflict between it and any relevant Deposit Account Agreement,
Signature Card, Administrator's Training Guide, user documentation, Materials,
and any other document or written or oral statement. Current user documentation
will be made available upon request. This Agreement supersedes all prior
agreements and understandings, oral or written, between you and us relating to
any service (excluding the current Deposit Account Agreement and Disclosure and
excluding any security procedure and software license agreement previously
agreed upon unless we
notify you otherwise in writing). The terms and conditions of this Access
Agreement are in addition to the terms and conditions of any credit agreement
you may have with us. If you elect to receive other services from us, the terms
and conditions for such services shall be incorporated herein by this
reference.
This
Access Agreement is binding upon each of our respective successors and
permitted assigns. You may not assign any of your rights or duties described in
this Access Agreement without our prior written consent. This Access Agreement
is not for the benefit of any other person, and no other person has any right
under this Access Agreement against you or us. Nothing contained in this Access
Agreement creates any agency, fiduciary, joint venture or partnership
relationship between you and us. We are responsible only for performing the
Services expressly provided for in this Access Agreement or by subsequent agreement
between us. We may contract with an outside vendor in providing any Online
Banking service.
If any
provision of this Access Agreement or the application of any such provision to
any person or set of circumstances is determined to be invalid, unlawful, void
or unenforceable to any extent, the remainder of this Access Agreement, and the
application of such provision to persons or circumstances other than those as
to which it is determined to be invalid, unlawful, void and unenforceable shall
remain enforceable to the fullest extent permitted by law.
No
delay or failure to exercise any right or remedy under this Access Agreement
shall be deemed to be a waiver of such right or remedy. No waiver of a single
breach or default under this Access Agreement is a waiver of any other breach
or default. Any waiver under this Access Agreement must be in writing.
F. Information
Processing and Reporting
We may
offer you a number of services, which require us to receive process and report
information involving your accounts and transactions. We will not be
responsible for determining the accuracy, timeliness or completeness of any
information, which you or others provide to us. We shall be protected in acting
on any oral or written request believed in good faith to be genuine and to have
been made by your Account Administrator or any authorized User. We will not
have a duty to interpret the content of any data transmitted to us, except to
the limited extent set forth in this Access Agreement and any operating
procedures. Unless we agree otherwise in writing, we will not be required, by
means of any security procedures or otherwise, to detect errors in the
transmission or content of any information we receive from you or third
parties. THE BANK SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND�
WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY ELECTRONIC� TERMINAL, COMPUTER OR
OTHER EQUIPMENT, HARDWARE, SOFTWARE,� THE ONLINE BANKING SERVICES OR SOFTWARE,
THE SERVICES OF ANY� SERVICE PROVIDER OR OTHER THIRD PARTY, OR ANY SERVICES OR�
PRODUCTS OF THE BANK OR ITS AFFILIATES, INCLUDING, WITHOUT� LIMITATION, ANY
IMPLIED WARRANTY OF NON-INFRINGEMENT,� MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, EVEN IF THE BANK IS ADVISED OF� THE POSSIBILITY OF A
POTENTIAL CLAIM. THE BANK DOES NOT WARRANT ITS SERVICES OR ANY RELATED PRODUCTS
OR SOFTWARE WILL OPERATE� ERROR FREE OR WILL BE UNINTERRUPTED.
You acknowledge that it is not
possible for our services to be totally free from operator, programming or
equipment error, and that errors in processing and compiling data may
occasionally occur (e.g., due to the failure of others to provide accurate
information, telecommunication failures, or a breakdown in an electronic data
interchange). As such, you agree to review and verify all results and to
maintain adequate controls for insuring both the accuracy of data transmissions
and the detection of errors. Unless otherwise required by law, our sole
responsibility for any reporting errors caused by us will be to reprocess the
information for the period in question and to submit corrected reports at our
own expense. You agree to maintain adequate backup files of the data you submit
for a reasonable period of time in order to facilitate any needed reconstruction
of your transactions (e.g., in the event of a telecommunication failure). If we
are unable to provide a Service for any reason, we will promptly inform you of
the problem and will take reasonable steps to resume processing.
G. Limitations on Use and Access
Unless
you have our prior written consent, you may not: (a) permit a third party to
initiate any service we provide you on your behalf; or (b) use any services we
provide you to process transactions on behalf of others.
H. Protection from Third Parties
You
will indemnify and defend us against and hold us harmless from any and all
liabilities, claims, costs, expenses and damages of any nature (including
reasonable attorney's fees) arising out of or relating to disputes or legal
actions by parties other than you and us concerning a service. The obligations
contained in the preceding sentence will continue after a service you are using
is terminated. This section does not apply to any cost or damage incurred by a
third party which is attributable to our gross negligence or intentional
misconduct and for which we are legally responsible.
I. Representations
and Warranties
On and
as of each day we provide any service to you, you represent and warrant to us
that:
1. Your agreement to each provision
contained in this Agreement is a duly authorized, legal, valid, binding
and enforceable obligation.
2. The debiting or crediting of any
account is not inconsistent with any restriction on the use of that account.
3.
All approvals and authorization required to permit the execution and
delivery of this Agreement and any supplementary materials and any other
necessary documentation, and the performance and consummation by you of the
transactions contemplated under each service we provide you, have been
obtained, including but not limited to due authorization from each applicable third party to allow
you to transfer funds to or from and to access information from such party's
account.
Your performance of your obligations will not violate
any rule, law, regulation, judgment, decree or order applicable to you,
your accounts or this Access Agreement.
J. Software License
This section applies to all software (Software) we
provide you under this Agreement unless we provide you a separate license
agreement for specific Software.
For
each Software application we provide you for one or more Online Banking
Services, we grant you a non-exclusive, non-transferable license for the use of
that Software and its related materials. No such license grants you any rights
to any patents, trademarks or trade names.
You may not sublicense, lease,
distribute or otherwise transfer a Software application, the related materials
or your right to use the Software and related materials.
You may
not make, or allow anyone else to make, copies of the Software or related
materials, beyond one copy for backup and archival purposes, except as we may
otherwise agree in writing. You may not remove, obscure or deface any
proprietary notices contained in the Software or related Materials, and you
must include such notices in any permitted copy of the Software.
You may
not alter, modify or adapt any Software or related materials or create
derivative works from them. You may not translate, reverse engineer,
disassemble or decompile the Software.
A
license to Software and related materials will terminate automatically if you
fail to comply with the terms of the license or any other material provision in
this Access Agreement or if the Online Banking Services for which you are using
the Software are terminated. Upon termination of a license granted you in this
Access Agreement, you must cease using the Software and related materials and,
at our election, return or destroy all copies of the Software you may have in
your possession or under your control, and certify to us that you have done so.
All your obligations herein will survive termination of any licenses.
K. Termination
You or
we may terminate some or all of the services governed by this Access Agreement,
with or without cause, by giving thirty days prior notice to the other party.
We may also terminate the Services immediately if: (a) you breach any agreement
with us; (b) the confidentiality of the Security Procedures is compromised; (c)
we have reason to believe that an unauthorized transaction has taken or may
take place involving your account or a service; (d) you become insolvent or the
subject of a bankruptcy or dissolution proceeding; (e) you make any assignment
for the benefit of creditors; (f) you fail generally to pay your debts as they
become due; (g) your payment account is overdrawn; (h) any material adverse
change occurs in your financial condition; (i) you close your payment account;
(j) you do not use your Online Banking services for a one (1) year period, or (k)
we are uncertain as to any person's authority to give us instructions regarding
your accounts or the Services.
If a service you are using is
terminated for any reason, you will do the following: (a) immediately stop
using any Materials relating to the terminated Service; (b) erase or delete any
Software we have provided relating to the terminated Service to the extent it
is stored in your computers; and (c) at our option, either return to us or
destroy all Materials relating to the terminated service.
Your obligations under this Agreement will continue
after a service you are using has been terminated. Termination of a service you
use does not affect your payment or other obligations under this Agreement for
services we provide to you before the service is terminated or any other
obligation that survives termination of this Agreement.
L. Transportation Services
If arrangements are made to transfer negotiable items,
cash or other property ("Items") between you and us by means of a
messenger (Messenger), you agree that: (a) the Messenger will be deemed an
independent contractor and your agent, not an agent of us; (b) you will assume
all risk of loss, theft, or damage to the Items while it is in transit; (c) all
Items will be delivered to us in a sealed container; (d) Items will not be
deemed to be received by the us until they are receipted at our offices or
designated processing center; (e) receipt of Items will not be deemed verified
until final credit is given; and (f) you will immediately notify us if any Item
is believed to be lost, missing or misdirected ("Missing Items") or
if Items are not accurately reflected on the periodic statement provided to
you. We make no warranty or representation regarding any Messenger hired by you
to provide transportation services. If you fail to discover and report Missing
Items or erroneous Item entries on your bank statement within 14 days of the
statement mailing date or from the date you first discover the discrepancy or
other problem, whichever is earlier, we may refuse to reimburse you for claimed
losses or discrepancies. Your obligation to discover and report Missing Items
applies whether or not we have acknowledged receipt of transported Items.
M. System
Unavailability
The
Service may be unavailable at certain times for the following reasons:
Scheduled Maintenance: There will
necessarily be periods when systems requiremaintenance or upgrades: These will
typically occur from 3:00 a.m. to 7:00 a.m. Alaska Time. Unscheduled
Maintenance: The service may be unavailable when unforeseen maintenance is
necessary. System Outages: Major unforeseen events, such as, but not limited
to, earthquakes, fires, floods, computer failures, interruptions in telephone
service or electrical outages, may render access to the service unavailable.
The Bank will make all reasonable
efforts to ensure the availability of the service. However, the Bank is in no
way liable for the unavailability of the service or any damages that may
result.
N.
Security
The
Bank will take reasonable steps in connection with the services to ensure the
security and confidentiality of your financial records and transactions under
the services. Such steps may include, without limitation, creating security
firewalls in its computer systems to protect against access by any unauthorized
person and implementing other commercially reasonable security techniques. At
all times you agree to comply with all security procedures the Bank may impose
from time to time in connection with your use of the services. You agree the
security techniques used by the Bank, its affiliates and agents in connection
with the services are commercially reasonable security procedures and, as a
result, you assume all risk of loss for unauthorized transactions where the
Bank has followed its then current security procedures.
The following security procedures have
been established to assist in protecting your information:
Security Procedures
Initial Log In: For security purposes, the first time
you go to the Online Banking web site to log on to your account, you�ll be
asked to change your Password to one of your choosing.
Password: Your Password must be at least 8
characters long. It should be a combination of numbers and letters. Please
memorize your Password and don�t write it down or reveal it to any unauthorized
persons. Challenge Questions and Phone Numbers: You will be prompted on
your first sign on to Online Banking to set up 5 Challenge Questions and phone number(s). You must choose a
Challenge Question from each of the five drop down boxes and enter an answer
for each one. These phone numbers will not be used for anything except calling
you for Authenication purposes. If you log
into Online Banking from a different location than normal, you may be asked 2
of the 5 challenge questions. If you try to bypass these questions, and the Authenication phone
call, your account will be locked until you contact the First Bank Online
Banking Help Desk and verify that you were logging in from a new location and
that you would like to be unlocked. The best way to avoid being locked out is
to choose Challenge Questions that make sense to you and are easy for you to
remember, but hard for someone else to guess. Automatic lockout: After 5
sign-on failures, the system will automatically lock out your internet banking
accounts. You will then be unable to access your internet banking accounts
until you have contacted our Online Banking Help Desk at 1-888-220-4446 (in
Ketchikan call 228-4446) during business hours on a business day. Session
Timeout: The system will automatically sign you off after a 20-minute
period of non-use.
Reversals and Deletions or
Corrections: Requests
for reversal, deletion or correction are to be initiated by a call to the
Online Banking Help Desk at 1-888-220-4446 (in Ketchikan call 228-4446).
Other Security Issues
Never
leave your computer unattended when you are signed on to Online Banking Online
Banking Banking.
Sign off of Online Banking Online
Banking as soon as you are finished.
Close your browser after signing off of Online Banking.
Initial Log In The first time you log
on to the Online Banking website, you will be asked to change your Password
(from the temporary password provided by First Bank) to a password you select.
- Password -Your
password must be at least 8 characters long. It should be a combination of numbers
and letters. Please memorize your password and don't write it down or reveal it
to any unauthorized persons. Your password should be changed often.
- Automatic lockout
After 5 sign-on failures, they system will automatically lock you out of
Online Banking. You will be unable to access Online Banking (or your account
information) until you have contacted the Online Banking Help Desk at 888-220-4446
(or in Ketchikan at 228-4446) during business hours on a business day.
- Session Timeout Online Banking will automatically sign you off after a period of non-use.
- Never leave your
computer unattended when you are signed on to Online Banking.
- Sign off of Online
Banking as soon as you are finished.
O. Office of
Foreign Assets Control (OFAC)
The Office of Foreign Assets Control may prevent us from
sending an Item to or receiving an Item from certain Parties that are referred
to herein as Blocked Parties. It is your obligation to make sure you do not
initiate Items to or from Blocked Parties. You acknowledge that if we receive
an Item from you for credit to a Blocked Party, we are obligated to deduct the
amount of the Item from your account, credit the Item to a Blocked Account and
report the Item to the OFAC. If we process the Item, your creditor's financial
institution may freeze the Item and report it to OFAC. In either event, the
blocked party may not be considered paid and you will not have access to the
funds. You agree to indemnify, defend and hold us harmless for any claim, loss
or expense we suffer as a result of processing an Item to or from a Blocked
Party. The provisions of this section shall survive termination of this
Agreement.
P. Security Agreement
In
addition to other rights Bank may exercise by law, you hereby grant Bank a
security interest in all of your deposit accounts and instruments under the
Alaska Uniform Commercial Code to secure payment of all sums due and
performance of all of your obligation under this Agreement.
Q. Tapes and
Records
All magnetic tapes, Entries, security procedures and
related records used by the Bank for transactions contemplated by this
Agreement shall be and remain the Bank's property. The Bank may, at its sole
discretion, make available such information upon your request.
Any
expenses incurred by the Bank in making such information available to you shall
be paid by you.
R. Severability
If any provision of this Agreement is determined to be
invalid, illegal or unenforceable by any Governmental Authority, the remaining
provisions of this Agreement to the extent permitted by law shall remain in
full force and effect provided that the essential terms and conditions of this
Agreement for both Parties remain valid, binding and enforceable and provided
that the economic and legal substance of the transactions contemplated is not
affected in any manner materially adverse to either Party. In the event of any
such determination, the Parties agree to negotiate in good faith to modify this
Agreement to fulfill as closely as possible the original intents and purposes
hereof. To the extent permitted by law, the Parties hereby to the same extent
waive any provision of law that renders any provision hereof prohibited or
unenforceable in any respect.
S. Miscellaneous
This Agreement, and any addenda in force now or added in
the future, reflects the entire Agreement of the parties and supersedes all
prior discussions and understandings between them. This Agreement shall not be
modified except in writing signed by or on behalf of each of the parties
hereto. You may not assign your rights or obligations under this Agreement
without the express prior written consent of the Bank, which consent the Bank
may withhold or condition in its sole and absolute discretion. Failure of
either party to require strict performance by the other party of any of the
provisions, warranties, terms or conditions of this Agreement will not be
deemed a waiver or diminishment of any right of such party to demand strict
performance of the Agreement in the future. This Agreement shall be construed
binding upon each party and its successors and assigns. If, at any time, either
party shall employ counsel in connection with the enforcement of its rights
under the terms of this Agreement, the prevailing party shall be entitled to
recover actual, reasonable attorneys' fees and costs incurred with respect to
pursuing such rights. Time is made of the essence of this Agreement. Each party
warrants to the other that this Agreement and the transactions contemplated
hereby has been or will be duly authorized, executed and delivered and that the
Agreement and any related documents constitute valid and legally binding
obligations of each party and are enforceable against them in accordance with
their respective terms. Each party agrees to execute such additional documents,
as the other party may reasonably deem necessary to complete the transaction
contemplated by this Agreement. This Agreement shall be construed according to
the laws of the State of Alaska. Venue for any dispute shall be in Ketchikan,
Alaska. This Agreement shall not be construed against the party, which prepared
it.