"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
C. 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.
D.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.
E. PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
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.
F. 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).
G. 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.
H. 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.
I. PROHIBITED PAYMENTS
Payments to Billers outside of the United States or its territories are prohibited through the Service.
J. 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 charges 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.
K. 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.
L. 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.
M. 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.
N. 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.
O. 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 Drive
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.
P. 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.
Q. 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.
R. 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 will not be completed. In some instances, you will receive a return notice from the Service. In 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 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.
S. 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.
T. 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 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.
U. SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, please contact Customer Service via one of the following:
1.Telephone us at 855-841-5406 during Customer Service hours; or,
2.Write us at:
First Bank
2030 Sea Level Drive
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.
V. 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.
W. 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.
X. 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).
Y. 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.
Z. 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.
AA. 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.
BB. 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.
CC. 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 must designate a payment account for selected services such as Bill Pay. 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. 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 Banking 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.
C. 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 Personal 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 because of any of the 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.
D. Account Cancellation
If you wish to cancel any of the Online Banking Services please contact the First Bank Online Banking Help Desk using Messages Services. You may also telephone the Online Banking Help Desk at 1-888-220-4446 (or in Ketchikan 907-228-4446), or FAX to 907-225-0537 attention Online Banking Help Desk. You can send cancellation instructions in writing to First Bank, Electronic Banking Center, 2030 Sea Level Dr., 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.
E. 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.
F. Questions or Error Correction on Online Banking Services Transactions
In case of questions or errors about Online Banking Personal Banking funds transfers through Online Banking involving your account, here is what you should do:
• Contact First Bank Online Banking Help Desk using Messages Services, or
• Fax First Bank at 907-225-0537, Attention: Online Banking Help Desk, or
• Telephone First Bank at 1-888-220-4446 during business hours on a business day; or
• Write First Bank c/o its Electronic Banking Department at 2030 Sea Level Dr., 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 (if any); (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.
G. Monthly Fees
You agree to pay any special charges in effect 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 bill payment service. After cancellation, your bill payment 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 bill payment fees and any other pending transfers or debits.
H. 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 Banking, or send a notice to you at the address shown on our records, or send you an electronic mail message (Messages services). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for Online Banking 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.
I. 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 Services. 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, and the check number, together with 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 a check after acceptance of the check by the Bank. You should be aware that while payment of an Item may be stopped, you may 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 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.
J. 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, or be from an authorized person you designate. Changes are subject to our approval. Bank may, from time to time, introduce new Online Banking 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.
K. 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 Sign On ID and password 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.
L. 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.
M. Unauthorized Transactions in Your First Bank Accounts
Notify us immediately if you believe another person has improperly obtained your Online Banking Sign On ID and Password. Also notify us 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). To notify us, call First Bank Online Banking Help Desk 1-888-220-4446 (or 228-4446 if calling locally from Ketchikan) during business hours on a business day, or write First Bank, Electronic Banking Center at 331 Dock Street, Ketchikan, AK 99901.
Tell us AT ONCE if you believe your Sign On ID and Password have 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). If you tell us within two business days, you can lose no more than $50 if someone used your Password without your permission. (If you believe your Password has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your Password without your permission.)
If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
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.
N. Limitation of Liability and Damages
Except as provided otherwise by applicable law, 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: