First State Bank, Scottsbluff & Gering, NE
First State Bank of Colorado Springs a Branch
of First State Bank Scottsbluff, NE
Online Banking Agreement
(PLEASE SCROLL TO THE END OF THIS DOCUMENT AND SELECT AGREE OR DISAGREE TO PROCEED)
This "Agreement" covers the use of First State Bank's Online Banking Service (the "Service") to obtain information about your Accounts, to transfer funds between your Accounts, and to request certain other bank services. It also contains the terms and conditions of the Service. This Agreement is a contract which establishes the rules which cover your electronic access to your Accounts at First State Bank (the "Bank") through the Bank's online system (the "System").
a. By using the System, you accept all the terms and conditions of this Agreement and indicate your consent to its terms. Please read and review it carefully. We recommend that you print this agreement for your records.
b. The terms and conditions of the deposit agreements and disclosures for each of your Accounts as well as any other agreements that you have with the Bank (loans, etc.) continue to apply notwithstanding anything to the contrary in this Agreement.
c. Users of the System should always check this Agreement for its revision date to make sure that they have reviewed the most recent version of this Agreement. The Bank may modify the terms and conditions for use of this site at any time. Modifications will be summarized at the beginning of the document.
d. This Agreement is also subject to applicable federal laws and the laws of Nebraska (except to the extent this Agreement can and does vary those rules or laws). If any provision of this Agreement is found to be unenforceable, all remaining provisions will continue in effect. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or later default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and the Bank, its successors and assigns. Certain obligations of the parties that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and the Bank with respect to its subject matter and there are no understandings or agreements relative to this Agreement which are not fully expressed in this Agreement.
a. "We," "our," "us," and the "Bank" mean First State Bank.
b. "You" and "your" refer to the holder of an Account authorized by the Bank to use the System under this Agreement and anyone else authorized by the holder of the Account to exercise control over the Account through the System.
c. "Account" or "Accounts" means your accounts at the Bank.
d. "Electronic Funds Transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, and transfers to and from your Accounts using the System.
e. The "System Services" means the services provided pursuant to this Agreement.
f. "Business Days" means Monday through Friday. Bank holidays are not included.
g. "Customer Service" means the Bank's Online Customer Service department which is responsible for providing assistance with your use of the Service. The phone numbers for Customer Service are:
Nebraska Calls: (308) 632-4158
Colorado Calls: (719) 475-1776
Nebraska Fax: (308) 632-2928
Colorado Fax: (719) 475-0126
3. Scope of the Service:
The Service covered by this Agreement are those services that we make available to you from time to time and which permit you to perform various banking and related functions through the use of a personal computer. Currently, the Service includes the ability to obtain and review account information, to transfer money between your accounts with us and to communicate with us.
a. By requesting us to make a transfer through use of the Service, you are authorizing us to: (1) complete that transfer without the necessity of any further instructions or signature by you; and (2) deduct the amount of the transfer from your relevant deposit account. The Password that you use to gain access to the Service and request transfers acts as your signature.
b. Transfers initiated through the System before 4 p.m. Mountain Time on a Business Day (except for Friday where transfers must be initiated before 2 p.m. Mountain Time) are posted to your Account the same day and available the next Business Day. Transfers completed after that time or on a Saturday, Sunday or banking holiday, will be posted on the next Business Day and available in two Business Days. The System identifies transfers based upon the Access ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in the Transfer menu options of the System will not reflect transfers made by multiple users from the same Account if different Access ID's are used. You agree to communicate with any other persons with authorized access to your Accounts concerning any transfers or bill payments from your Accounts in order to avoid overdrafts.
c. The number of transfers from Accounts and the amounts which may be transferred are limited pursuant to the terms of the deposit agreement applicable to each Account and disclosure for those Accounts. If a hold has been placed on deposits made to an Account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
d. You may use the Service to obtain information about your Accounts. Please note that balance information may not reflect outstanding checks, recent debit card or ATM transactions or recent transfers using the Service. Balances may also be subject to a hold (which will not necessarily be evident from the Service, but which you would have received written notice of when it was placed). Please also note that online transaction history for accounts is limited, and you may need to check the regular Account statements that we have previously sent you for information beyond the last day covered by the online transaction history.
e. The Service is available 365 days a year. However, it is necessary to interrupt the Service on a scheduled basis to perform periodic System maintenance. We will attempt to schedule these maintenance periods at a time most convenient to our customers. During maintenance periods, customers are notified of the maintenance activities by an informational screen that is displayed when attempting to access the Service. We may, at our discretion, extend the maintenance periods outlined above as necessary to complete more extensive maintenance, System upgrades, or to resolve Service problems.
4. Security and Protecting Your Account:
We are strongly committed to protecting the security and confidentiality of our customer Account information. We use state-of-the-art technology in the ongoing development of the Service to ensure this security. We use several different methods to protect your Account information:
a. You can only access the Service with certain browsers that have a high security standard.
b. You must have a valid "Access ID" and "Password" to sign in.
c. Only one Password per Access ID is allowed.
d. If no action is taken for 15 minutes, you will be automatically logged off the System.
5. Online Access:
a. Registration: Customers can register in person at any Bank location, or by signing the internet banking application and returning it to the bank.
b. Access ID: You will be prompted to select an Access ID during your first online session. Your Access ID and Password identify and authenticate you to the Bank when you use the Service. Access ID numbers may only be obtained by customers who have existing Accounts with the Bank.
c. Your Password: For security purposes, you are required to change your Password upon your initial login to The System. You determine what Access ID and Password you will use and the identity of your Password is not communicated to us. You agree that we are authorized to act on instructions received under your Password. You accept responsibility for the confidentiality and security of your Password and agree to change your Password regularly. Upon three unsuccessful attempts to use your Password, your access to the System will be revoked. To re-establish your authorization to use the System, you must contact us to have your Password reset or to obtain a new temporary Password. We recommend that you create a Password using the following guidelines:
(1) Utilize both upper and lower case alpha and numeric characters for purposes of security.
(2) Your Password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
You can change your Password online at any time by selecting the Change Password option in our Options button. If necessary, Passwords can also be reset by calling Customer Service. However, any Password changed over the telephone will be "temporary" only, require an online reset at first use, and expire 30 days after issuance. Your Password will be required to be changed every 90-days.
6. Your Responsibility:
a. Not to give out your identifying information such as your Password to any other person. We may rely on your Access ID to identify you when providing banking services to you.
b. Never to leave your Account information displayed in an area accessible by others.
c. Never to leave your PC unattended while using the Service.
d. To always exit the System by clicking on "Home" in the upper left portion of the screen after using the Service.
e. To notify us immediately if you suspect that your Access ID or Password has become known to any unauthorized person.
You understand the importance of your role in preventing misuse of your Accounts through the System and you agree to promptly examine your regular Account statement(s) for each of your Accounts as soon as you receive it. You agree to protect the confidentiality of your Account and Account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your Account, may allow unauthorized access to your Account. Your Password and Access ID are intended to provide security against unauthorized entry and access to your Accounts. Data transferred via the System is encrypted in an effort to provide transmission security and the System utilizes identification technology to verify that the sender and receiver of the System transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the System, or e-mail transmitted to and from us, will not be monitored or read by others.
7. Online Banking E-mail Communications:
a. In general, communications sent over the public Internet are not necessarily secure. Therefore, we will not send, and we strongly suggest that you do not send, any confidential Account information. We will not respond to Account information related questions sent via Internet e-mail. You agree that we may take a reasonable time to act on any e-mail.
b. Correspondence that requires expeditious handling (for example, if you need to report an unauthorized transaction from one of your Accounts, or if you need to stop payment on a check you have issued), should be made by calling Customer Service at (308) 632-4158.
c. Unless you have instructed us otherwise, you agree that the Bank may send you electronic messages about other products or services we offer. You also agree that we may respond to any electronic message that you send us by electronic mail, such as responding to any claim of unauthorized Electronic Funds Transfer. Any electronic message sent to you by the Bank shall be considered as if it were sent by U.S. Mail, postage prepaid, and shall be considered received within three days of the date sent by the Bank, regardless of whether you sign on to the Service within that time frame.
8. Overdrafts (Order of Payments, Transfers, and other Withdrawals):
If your Account has insufficient funds to perform all Electronic Fund Transfers you have requested for a given Business Day, then:
a. Electronic Funds Transfers involving currency disbursements, like ATM withdrawals, will have priority;
b. Electronic Fund Transfers initiated through the System which would result in an overdraft of your Account may, at our discretion, be canceled;
c. In the event the Electronic Fund Transfers initiated through the System which would result in an overdraft of your Account are not canceled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that Account.
9. Disclosure of Account Information and Transfers:
You understand that information about your Accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your Accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as a credit bureau, in connection with the opening or maintaining of your Account or in connection with approving your access to the System. You agree and authorize all of these transfers of information.
10. Account Statements:
You will not receive a separate System statement. Transfers to and from your Accounts using the System will appear on your regular Account statements.
11. Change in Terms:
We may change any term of this Agreement at any time. If the change would result in increased fees for any portion of the Service, increased liability for you, fewer types of available Electronic Fund Transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any change, unless an immediate change is necessary to maintain the security of an Account or our Electronic Fund Transfer System. We will post any required notice of the change in terms on the System web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the Account or the System, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of the Service indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to Accounts are governed by the deposit agreements and disclosures for those Accounts.
12. In Case of Errors or Questions about Your Electronic Transfers:
a. Contact us as soon as you can, if you think a regular Account statement is wrong, or if you need more information about a transfer listed on your regular Account statement. We must hear from you no later than 60 days after we sent the first regular Account statement upon which the problem or error appeared. When you contact us:
(1) Tell us your name and Account number.
(2) Describe the error or 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.
(3) Tell us the dollar amount of the suspected error.
b. If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 Business Days.
c. We will communicate to you the results of our investigation within 10 Business Days after you contact us 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 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 in the form of a paper writing within 10 Business Days, we may not provisionally credit your Account.
d. If we decide that there was no error, we will send you a written explanation within 3 Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your Account.
13. Fees and Charges:
a. Currently, there are no monthly or transaction fees for accessing the System. We reserve the right to charge for online bill payment services when the function is added.
b. Fees separately disclosed to you in connection with your Accounts apply when using the System.
c. You are also responsible for telephone and Internet service fees you incur in connection with your use of the System.
14. Your Liability for Unauthorized Transfers:
a. You must contact us at once if you believe your Password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your Accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. A loss may mean the loss of all the money in your Accounts plus your maximum overdraft line of credit, if any.
b. If you contact us within 2 Business Days after you learn of the loss, theft, compromise, or unauthorized use of your Password, you can lose no more than $50 if someone used your Password without your permission.
c. If you do NOT contact us within 2 Business Days after you learn of the loss, theft, compromise, or unauthorized use of your Password, and we can prove we could have stopped someone from using your Password to access your Accounts without your permission if you had told us, you could lose as much as $500.
d. If a regular Account statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the regular Account statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If your delay in notification is due to extenuating circumstances, we may extend the times specified in the above paragraphs to a reasonable period.
DO NOT SEND NOTIFICATION OF LOST OR STOLEN PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
15. Our Liability for Failure to Make a Transfer:
If we do not complete a transfer to or from your Account on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will not be liable, for instance:
a. If, through no fault of ours, you do not have enough money in your Account to make a transfer.
b. If a legal order directs us to prohibit withdrawals from the Account.
c. If your Account is closed, or if it has been frozen.
d. If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
e. If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
f. If any electronic terminal, telecommunication device, or any part of the System Electronic Fund Transfer system is not working properly and you knew about the problem when you started the transfer.
g. If you have not properly followed the on-screen instructions for using the System.
h. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
NOTWITHSTANDING ANY STATEMENT ABOVE TO THE CONTRARY, WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICE OR THE SYSTEM. WE DO NOT AND CANNOT WARRANT THAT THE SYSTEM WILL OPERATE WITHOUT ERRORS, OR THAT ALL OR ANY PORTION OF THE SERVICE WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICE OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO THE SYSTEM, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY. FURTHER, IN NO EVENT SHALL THE LIABILITY OF THE BANK AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH THE SYSTEM.
16. Your Right to Terminate:
You may cancel the Service at any time by providing us with written notice by postal mail or fax. Your access to the System will be suspended within 3 Business Days of our receipt of your instructions to cancel the Service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
17. Our Right to Terminate:
You agree that we can terminate or limit your access to the System or the Service for any of the following reasons:
a. Without prior notice, if you have insufficient funds in any one of your Accounts. The Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
b. Upon 3 Business Days notice, if you do not contact us to designate a new primary checking Account immediately after you close your primary checking Account.
c. Upon reasonable notice, for any other reason in our sole discretion.
18. Communications between the Bank and You:
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
a. E-mail: You can contact us by email (Please note that banking transactions through the System are not made via e-mail.)
b. Telephone: You can contact us by telephone through Customer Service.
c. Facsimile: You can contact us by fax at the number specified above to the attention of Online Customer Service.
d. Mail: You can write to us at:
First State Bank
NE Online Customer Service Representative
P.O. Box 1267
Scottsbluff, NE 69361
First State Bank of Colorado Springs
CO Online Customer Service Representative
1776 South Nevada Avenue
Colorado Springs, CO 80906
e. In Person: You may visit us in person at any one of our locations:
2002 Broadway, Scottsbluff, NE 69361
1540 10th Street, Gering, NE 69341
1776 South Nevada Avenue, Colorado Springs, CO 80906
19. Consent to Electronic Delivery of Notices:
You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the System web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.
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First State Bank - Scottsbluff
Scottsbluff, NE 69363
First State Bank - Gering
1540 10th Street
Gering, NE 69341
First State Bank - Colorado Springs
1776 South Nevada Avenue
Colorado Springs, CO 80906
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