The below Internet Banking and Bill Payment agreement is posted here for reference by First Bank
customers before & after their initial enrollment in Internet Banking.
Internet Banking and Bill Payment Agreement
Effective Date: July 29, 2019
Internet Banking Department
Chouteau - 918-476-7474;
Porter - 918-483-2241;
Locust Grove - 918-479-5001;
Erick - 580-526-3332
First Bank, PO Box 1228, Erick, OK 73645
PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY
TRANSACTIONS.
1. Scope of this Agreement
This Agreement between you and First Bank governs your use of our Internet Banking and Bill Payment
services (the “Service”). The Service permits our customers to perform a number of banking functions on accounts
linked to the Service through the use of a personal computer and the Internet.
2. Accepting the Agreement
After you have carefully read this Agreement in its entirety and the linked Privacy Notice, you will
be asked to accept the terms and conditions of this Agreement.
WHEN YOU CLICK ON THE “I AGREE” BUTTON BELOW, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT, ALSO, BY ACCEPTING THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU ARE AN
AUTHORIZED USER ACTING WITH FULL AUTHORITY AND THAT YOU ARE DULY AUTHORIZED TO EXECUTE THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF
THIS DOCUMENT, SELECT THE CANCEL BUTTON.
You should print and/or save a copy of this Agreement for your records. Future updates will be sent
electronically as further described below in Section 4. To print, select the print button below or select the print
function on your browser. To save a copy of this Agreement on your computer, select “File” and then “Save As” on
your browser.
If you need a paper copy of this Agreement, please contact our Internet Banking Customer Service
Department. Our contact information is listed at the top of this Agreement. You can obtain a paper copy of this
Agreement at any time. Updates to this Agreement will be sent electronically as further described within this
Agreement.
3. Definitions
Access ID – means an Access Identification Code used to
access the Internet Banking Service.
Agreement - means these terms and conditions of the Internet
Banking and Bill Payment services.
Authorized User - is any individual, Consumer, whom you
allow to use the Service or your Passcode or other means to access your Eligible Account(s).
Bill Payment Service Provider – refers to the contractor,
sub-contractor, or provider of our Bill Payment and Delivery services, Allied.
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.
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.
Business Customer - Refers to anyone other than a Consumer
who owns an Eligible account with respect to which the Service is requested primarily for business purposes.
Business Day Cutoff - Refers to the cut-off time for posting
purposes. The cut-off time for online transactions is based upon our Business Days and the Central Standard time
zone. For posting purposes, we will process all transactions completed by 3:00 on the same Business Day.
Transactions completed after 3:00 will be processed on the following Business Day. Bill Payment cut-off and
scheduling times differ and are further detailed in this Agreement.
Consumer – Refers to a natural person who owns an Eligible
Account at this Financial Institution and who uses the Service primarily for personal, family, or household
purposes.
Due Date - is the date reflected on your Biller statement
for which the Bill Payment is due. It is not the late date or grace period.
Eligible Accounts – An Eligible Account means any one of
your account(s) to which we may allow access through the Service under this Agreement. Only a checking account may
be eligible for Bill Payment privileges. We may make additional accounts available for Bill Payment services from
time-to-time as allowed by law or our Bill Payment Service Provider.
You may request Internet access to any account that you are a signer or owner. If you or your
Authorized Users desire features of the Service that allow you to initiate Bill Payments, transfers, ACH
transactions, or otherwise remove funds from an account, you must have the required withdrawal authority over the
relevant Eligible Account.
When using the Service, you agree to maintain one or more Eligible Accounts with us and to keep
sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to
the Service.
Joint Accounts – an Eligible Account that is added to the
Service, which is jointly held or has multiple signers.
Passcode - means your password that is known solely by you
and not by this Financial Institution or our Service Providers that you use to access the Internet Banking Service.
Payment Account - is the checking account from which Bill
Payments will be debited. You must be a legal owner of any Payment Account registered for the Service.
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).
Scheduled Payment - is a Bill Payment that has been
scheduled through the Service but has not begun processing.
Service – means the Internet Banking, Bill Payment and
Delivery services offered by First Bank through its Service Providers.
Service Provider - includes any agent, licensor, independent
contractor or subcontractor that this Financial Institution may involve in the provision of Internet Banking, Bill
Payment, and electronic Bill Delivery services.
you and your - As used within this Agreement, “you” and
“your” refer to the person enrolling in the Service, owner of the eligible accounts, Business Customer, as well as
any Authorized Users that such person allows, subject to the parameters of multiple user access as set forth within
the Service.
we, us, or our – As used within this Agreement, refer to
First Bank and any agent, independent contractor, Service Provider, sub-contractor, licensor, designee, or assignee
that First Bank may involve in the provision of the Service.
4. Prerequisites for Enrolling in the Internet Banking Service
In order to enroll in the Internet Banking Service:
- You must have an Eligible Account with this Financial Institution.
- Your account with us must be in good standing.
- You must be at least 18 years of age
- If you enroll for our bill payment services, you must also be a resident of the United States or its
possessions.
Hardware and Software Equipment Requirements:
- You must have a computer and Internet browser that will support 256 bit encryption.
- We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Internet
Banking Service.
- Some features of the Internet Banking Services may not be supported with older browsers.
- You will need Internet access through an Internet service provider (ISP).
- You will need access to a printer and/or other storage medium such as a hard drive for downloading information
or printing disclosures.
- You will also need an external email address for the delivery of electronic notices and disclosures.
- You must maintain fully updated anti-virus protection on your computer at all times.
Prior to enrolling in the Internet Banking Service and accepting the electronic version of this
Agreement, you should verify that you have the required hardware and software necessary to access the Internet
Banking Service and to retain a copy of this Agreement.
If we revise hardware and software requirements, and if there is a material chance that impacts your
ability to access the Internet Banking Service, we will give you advance notice of these changes and provide you an
opportunity to cancel the service and/or change your method of receiving electronic disclosures (e.g. change to
paper format vs. an electronic format).
5. Electronic Disclosures
We may deliver amendments to this Agreement and other disclosures to you in an electronic format.
Other disclosures may include:
- Monthly account statements
- Deposit account disclosures
- Notices regarding changes in account terms and fees
- Privacy notices
The equipment necessary for accessing these types of disclosures electronically is described above
in Section 3.
WITH YOUR ACCEPTANCE BELOW, YOU AGREE TO ACCEPT THIS AGREEMENT AND OTHER INTERNET BANKING RELATED DISCLOSURES IN AN
ELECTRONIC FORMAT. YOU ALSO AGREE AND REPRESENT THAT YOU HAVE THE NECESSARY EQUIPMENT FOR ACCESSING THE INTERNET
BANKING SERVICE AND FOR VIEWING ELECTRONIC DISCLOSURES.
If you consent to receive electronic disclosures and later change your mind, you may withdraw your
consent and change to paper delivery format. You can notify us of your intent to cancel electronic disclosures by:
- Sending us a letter to First Bank, PO Box 1228, Erick, OK 73645
- Sending us a secure message through the Internet Banking Service, or
- By contacting us at this phone number: Porter-918-483-2241; Locust Grove-918-479-5001; Chouteau-918-476-7474;
Erick-580-526-3332
Please contact one of the above mentioned bank locations for details on fee changes when opting out
of electronic disclosures.
If you send us a secure message through the Internet Banking Service or write us a letter, please be
sure to identify yourself and the applicable accounts.
As part of the enrollment process, we may ask if you want to receive electronic only versions of
your account statements (e-statements). If you enroll for e-statements and then later decide that you want to
receive paper statements, you can “opt-out” of electronic delivery on the “Statements” page within the Internet
Banking Service. After your opt-out request is processed, you will begin receiving paper copies of account
statements and additional charges may apply.
If you enroll for e-statements and then later close your accounts with First Bank your access to the
Internet banking Service will also be terminated. You may request paper copies of historical statements at the
address listed above.
You should print or save a copy of all disclosures delivered electronically. Internet banking
customers may request paper copies of disclosures such as this Internet Banking Agreement.
If you enroll for the Service in one of our office locations, we will send you a secure message and
ask you to confirm your ability to access the Service and e-statements.
6. Basic Internet Banking Services
The basic features currently available through the Service include: Up to 18 months of complete
Internet transactional detail and history
- Account Inquiries for balances, rates, etc.
- Copies of monthly Account Statements
- Transfers between your accounts at this Financial Institution
- Secure e-mails via the Service’s messaging system
- Secure File Transfers
- View loan
- Payments to loans at this Financial Institution
- Online check reorders
- Transaction downloads
Bill Payment services are optional. You can request Bill Payment privileges in the online enrollment
process and/or you can add Bill Payment services at a later time by contacting our Internet Banking Department or
sending us a secure message through the Service. Bill Payment customers also have access to electronic Bill
Presentment or Bill Delivery.
We may add or remove certain features and/or functionality available from time to time. You can use
the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due
to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to
high Internet traffic or other factors beyond our control.
7. Other Basic Internet Banking Features
(B) Check Reorders, Address Change, Order Documents, Secure
E-Mail & Secure File Delivery Services
Additional features within the Service include: check reorders, secure emails for address changes,
document requests, and secure file delivery. The submission of requests, such as those for address changes, document
requests, or check reorders, will generate a secure email to this Financial Institution. Generally, requests
received through the Service’s secure e-mail feature will be processed within one (1) to two (2) Business Days. For
urgent requests, we recommend that you contact our Internet Banking Department.
8. Fees
Basic Internet Banking Service: (view balances and account
transfers) – No charge
Bill Payment Fees:
Online banking and bill pay services are provided free to First Bank customers.
9. Enrollment Process
You must complete the enrollment process to use the Service. You can enroll for the Service on the
Internet or you can enroll in any of our offices. You can also print the enrollment form accessible on our website
and mail it to us at the address listed at the beginning of this Agreement. The Internet enrollment process involves
completing a secure online application that we will use to verify your identity. You will also choose your Access ID
and Passcode during the enrollment process.
When you enroll for the Service, you agree to provide true and accurate enrollment information. Our
Internet Banking Department will verify the information you submit for accuracy and proper authorizations.
Once you enroll in the Internet Banking Service, there is no additional enrollment process to
utilize a mobile device.
10. Linked Accounts
When you first enroll for the Basic Internet Banking Service we will link all of your designated
Eligible Accounts to one Access ID. If you want to limit the accounts linked or the privileges assigned to an
account, please contact us at Porter-918-483-2241; Chouteau-918-476-7474; Locust Grove-918-479-5001;
Erick-580-526-3332, or send us a secure email message through the Service.
With the exception of sole proprietors, Business Customers may link personal Consumer accounts to
the Service.
If the Eligible Accounts added to the Service are jointly held or have multiple signers you agree
that access to the information and all transactions initiated by the use of your Access ID and Passcode are
authorized unless we have been notified to cancel the Service.
If joint account holders use individual Access IDs, the Service may be identified separately and you
may be charged for the use of additional Access IDs.
11. Signature Requirements
When any online transfer, or other Payment Instruction is initiated through the Internet Banking
Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your
signature on the item and without any notice to you.
12. Account Balances
Balances shown in your accounts may include deposits subject to verification by us. The balance
reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other
withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time
required to process the request. A transfer request must be made before the Business Day Cut-off time to be
effective the same Business Day.
The balances within the Service are updated periodically and the Service will display the most
current "as of" date on the "accounts" summary page. There may be situations that cause a delay in an update of your
balances. The Service will use the most current balance available at the time of a transaction to base our approval
for account transfers.
13. Canceling or Changing Transfers
You cannot cancel a transfer after it has been entered into the system AND the information has been
processed and/or transmitted to us through the Service; however, you can edit or change a transfer that is still
“pending”.
In order to cancel or change a pending transfer, use the following procedures:
- Log in and make edits to the appropriate transaction.
- Edits must be made before 3:00 for transfers scheduled to be processed the same Business Day
- You may edit a pre-scheduled (future dated/automatic) transfer anytime before 3:00 on the Business Day before
the scheduled transfer date.
- For transfers, you can change the transfer amount to $0.00, or
- If you accidentally transfer funds, you can schedule another transfer to move funds to back to the original
account.
If you need to edit a pending or approved transaction after-cut-off time, please contact us
immediately; although in these situations, we may not have sufficient time to stop the transfer from further
processing.
14. Transaction Limitations
You may use the Service to check the balance of your Eligible Account (s) and to transfer funds
among your Eligible Accounts at this Financial Institution. You must have sufficient funds in your account to cover
the amount of any online transfers and Bill Payments on the scheduled payment date set for the transaction, or the
transaction may not be processed. NSF and/or overdraft charges may be incurred if Bill Payments exceed your account
balance.
Current federal regulations restrict the number of transactions that you can make from certain types
of accounts, such as Money Market and Savings Accounts. For these types of accounts, you may not make more than six
(6) pre-authorized (automatic) electronic funds transfers (EFTs), during a given monthly statement period. Online
account transfers and bill payments are counted toward the six permitted monthly transfers. Please refer to your
original account agreement for excessive activity fees that may apply. Federal regulations currently place no limits
on the number of transfers or Bill Payments from your Checking accounts, therefore this financial institution
currently limits the Bill Payment Service to only Checking Accounts.
15. Bill Payments
You may make payments through Bill Payment Service (“SERVICE”) to any business, person or
professional ("PAYEE") that has an address which can be verified. Bill Payments (“BILL PAYMENTS”) may be made only
to Payees with a United States payment address. SERVICE reserves the right to refuse to accept any bill payment
transaction. BILL PAYMENTS for alimony, child support, taxes, government fees, or court ordered payments are not
always accepted. You can make these payments, but SERVICE does not guarantee that it will be accepted or posted in a
timely fashion. You must do so at your own risk.
- BILL PAYMENTS will be sent to the PAYEE either electronically or by paper check mailed to the PAYEE via the U.S.
Postal Service. The choice of electronic or paper check is solely at the discretion of SERVICE. Checks,
electronic payments, and withdrawal orders of any kind can be drawn on your Account in any order. You should be
aware that other transactions (such as ATM, telephone banking, on-line transfers or in-branch withdrawals) may
affect the amount of funds available to make your payment.
- When you schedule a bill payment transaction, you authorize First Bank to reduce the Account balance
accordingly. If the available balance in the Account is not sufficient to make payments you have authorized,
First Bank may either refuse to pay the item or make the payment, thereby overdrawing the account. In either
event, you are responsible for any insufficient funds and overdraft charges may be imposed, as stated in First
Bank’s fee and disclosure statements. First Bank reserves the right to refuse to honor payment requests that may
reasonably appear to be fraudulent or erroneous.
- When a BILL PAYMENT is scheduled, an estimated delivery date is given, based on the method of delivery being
used to make the payment. However, payments should be scheduled at least five (5) business days before the
business day on which a bill payment is due to ensure that SERVICE has sufficient time to process and deliver
the payment. SERVICE is not responsible for payment delivery delays caused by the U.S. Postal Service or for
payment processing delays after the PAYEE has received the payment. Any charges imposed as a result of your
failure to transmit bill payment transactions at least five (5) business days before a payment is due are your
responsibility. SERVICE’s responsibility for any late payment beyond this timeframe is strictly limited to the
late charge only, up to a MAXIMUM of $50. The SERVICE is not responsible for finance charges, interest,
indirect, incidental, special or consequential damages related to the late payment.
- SERVICE may be used to authorize automatic recurring BILL PAYMENTS of repetitive bills. You may schedule
recurring payments to be automatically initiated for a fixed amount on a weekly, biweekly, monthly, quarterly or
annual basis. The day on which the payment is to be sent is referred to as the "Date/Recurrence." If the payment
date/recurrence is scheduled for a non-business day, it will be processed on the prior business day.
16. ACH, Transfers, Person-to-Person, and other Electronic Payments
You may make other electronic payments through SERVICE to any business, person or professional.
Electronic Payments (“e-PAYMENTS”) may be made only to Payees with a United States address. If the necessary
information needed for the delivery method is not entered, SERVICE reserves the right to refuse to accept any
e-PAYMENT transaction.
- e-PAYMENTS will be sent to the PAYEE either electronically via Automated Clearing House or by some other
electronic delivery method. The choice of delivery method is solely at the discretion of SERVICE. Checks,
electronic payments, withdrawal tickets or instruments can be drawn on your Account in any order. You should be
aware that other transactions (such as ATM, telephone banking, on-line transfers or in-branch withdrawals) may
affect your Account Balances
- When you schedule an e-PAYMENT transaction, you authorize First Bank to reduce the Account balance accordingly.
If the available balance in the Account is not sufficient to make payments you have authorized, First Bank may
either refuse to pay the item or make the payment, thereby overdrawing the account. In either event, you are
responsible for any insufficient funds and overdraft charges may be imposed, as stated in First Bank’s fee and
disclosure statements. First Bank reserves the right to refuse to honor payment requests that may reasonably
appear to be fraudulent or erroneous.
- When an e-PAYMENT is scheduled, an estimated delivery date is given, based on the method of delivery being used
to make the payment. All payments should be scheduled to allow 1 additional day beyond the estimated delivery
date for the PAYEE to post the payment. You are responsible for any charge that may be imposed as a result of
your failure to allow for additional day. SERVICE’s responsibility for any late charges is strictly limited to
the late charge only, up to a MAXIMUM of $50. The SERVICE is not responsible for finance charges, interest,
indirect, incidental, special or consequential damages related to the late payment.
SERVICE may be used to authorize automatic recurring e-PAYMENTS of repetitive bills. You may
schedule recurring payments to be automatically initiated for a fixed amount on a weekly, biweekly, monthly, or
quarterly. The day on which the payment is to be sent is referred to as the "Date/Recurrence." If the payment
date/recurrence is scheduled for a non-business day, it will be processed on the previous business day.
17. Stopping BILL PAYMENTS or e-PAYMENTS
The following steps may be taken to delete or stop pending BILL PAYMENTS or e-PAYMENTS:
- Deleting Payments. If you have scheduled a BILL PAYMENT OR e-PAYMENT and
would like to cancel the payment, you must do so before the payment is processed. The time varies based on the
settlement method being used for the payment. If you cannot access the on-line banking service to request that
the payment be deleted, please contact First Bank for further assistance, prior to the cut-off time.
- Liability for Failure to Delete a Payment. You cannot delete or cancel
a payment after it has been processed. First Bank is liable, only if you notify First Bank at least one (1)
business day or more before the scheduled payment date. Otherwise, First Bank is not responsible for any
indirect, incidental, special or consequential damages, except to the extent such limitation of liability is not
permitted by law.
- Stopping Payments. Once the on-line payment has been processed, you
CANNOT delete or stop BILL PAYMENTS settled electronically, or e-PAYMENTS. You may be able to stop a BILL
PAYMENT only if it has been paid by paper check. To stop an on-line paper payment, contact your local First Bank
location. First Bank will only be able to stop the on-line check payment if the paper check has not cleared and
is able to process the stop payment request before the check clears. To be effective, this type of stop payment
request must precisely identify the name of the Payee, the Payee-assigned account number, payment amount and
date you scheduled the payment to be processed. If you call, First Bank will also require you to put your
request in writing and get it to First Bank within fourteen (14) calendar days after you call. First Bank will
charge your account our regular fee for each stop payment order you give. First Bank will not be responsible for
failing to act on a stop payment if you do not give First Bank the correct Payee information or if First Bank
does not have a reasonable opportunity to process the stop payment order.
18. Privacy
We understand how important privacy is to our customers. We have taken steps to protect the privacy
and security of your personal information as well as your financial transactions with us. You should read our
privacy notice before completing the enrollment process for the Service.
Privacy Policy
(A) 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:
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or
Biller;
- In order to comply with a governmental agency or court orders; or
- If you give us your written permission.
Please refer to our Privacy Policy for additional detail
on disclosure of account information.
19. Internet Security
The Internet Banking Service utilizes a comprehensive security strategy to protect your accounts and
transactions conducted over the Internet. Prior to activating your access to the Internet Banking Service, our
Internet Banking Department will verify your identity and authorization against information associated with the
Eligible Account (s) that you request to be linked to the Internet Banking Service.
Access IDs and Passcodes - One of the main security features protecting the Internet
Banking Service is the unique combination of your Access ID and Passcode. During the enrollment process, you will be
asked to select a unique Access ID and Passcode. For security purposes, do not use your account number or social
security number as your Access ID. Encryption and access controls are used to protect your Passcode within our
database. If you need to reset your Passcode, you may use our online automated Passcode reset feature or you may
contact this Institution for assistance.
Because your Passcode is used to access your accounts, you should treat it as you would any other
sensitive personal data.
- You should carefully select a Passcode that is difficult to guess.
- You should not use words based on your name, address or other personal information.
- Special characters may be used to increase security.
- Do NOT use dictionary words.
- Keep your Passcode safe.
- You should also change your Passcode occasionally, such as every 90 days
- Passcodes should not be shared with anyone, even Authorized Users.
- The “Help” link within the Internet Banking Service will offer tips on choosing a secure Passcode that you can
remember.
NEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS WILL CONTACT YOU BY
TELEPHONE, EMAIL OR TEXT MESSAGING REQUESTING PERSONAL INFORMATION, SUCH AS YOUR ACCESS ID, PASSCODE, CREDIT CARD
NUMBER, ATM CARD NUMBER OR ATM PIN. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS TYPE OF INFORMATION, DO NOT
PROVIDE ANY INFORMATION AND CONTACT OUR INTERNET BANKING DEPARTMENT IMMEDIATELY.
Encryption – The Internet Banking Service uses the Secure Socket Layer (SSL) encryption
technology for everything you do while using Internet banking. Your browser automatically activates this technology
when it attempts to connect to our Internet Banking Service. The Internet Banking Service requires a browser that
supports 256-bit encryption and we will warn you if your browser does not meet this requirement.
Whenever SSL is securing your communications, the browser will typically indicate this secure
session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”.
What this means to you is that your communications are scrambled from your browser to our servers at all times so no
unauthorized party can read the information as it is carried over the Internet.
Certificate Authority - The servers hosting the Internet Banking Service have been certified
by a certificate authority to assure you that you are actually talking to the Internet Banking Service instead of
someone pretending to be us. By clicking on the lock within the Internet Banking Service, you can view the
certificate to ensure it is valid.
Cookies - During your use of the Internet Banking Service, our Internet banking Service
Provider will pass an encrypted session cookie to your computer that enables us to process multiple transactions
during the session without having to provide an Access ID and Passcode for each individual transaction. You must
accept this cookie to use the Internet Banking Service. The session cookie is stored on your computer’s hard-drive,
identifying your computer while you are logged on. The session cookie does not contain any personal information.
When you log off, close your browser, or turn off your machine, the session cookie will be destroyed. A new cookie
is used for each session; thus, no one can use the prior cookie to access your account. Our Service Provider also
uses persistent or “permanent” cookies to identify this Institution and your computer as part of our enhanced
security. The permanent cookies will remain on your computer’s hard drive until you clear cookies with your browser.
If you do not accept these cookies, you may not be able to use all the features of the Internet Banking Service.
Multi-Level Authentication - We use multi-level authentication (or enhanced security) to help
prevent unauthorized access to your accounts. As part of our enhanced security solution we may ask you to select
challenge questions which may be used to help verify your identity in the event unusual login or transaction
activity is detected. We may also send you a One Time PIN (OTP) which can be used to help authenticate your login or
transaction requests.
20. Your Security Obligations
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER
INCLUDING BUT NOT LIMITED TO THE USE OF UPDATED ANTI-VIRUS PROTECTION.
NEITHER THIS FINANCIAL INSTITUTION NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS,
ERRORS, DELETIONS, FAILURES, OR DISCLOSURE OF PERSONAL OR BUSINESS ACCOUNT INFORMATION THAT MAY OCCUR AS A RESULT OF
ANY VIRUS, TROJAN, SHARED PASSWORD, OR MALFUNCTION OF YOUR COMPUTER OR SOFTWARE OR YOUR FAILURE TO ADEQUATELY
MAINTAIN AND SECURE YOUR COMPUTER AND SOFTWARE.
- All Authorized Users should sign-off after every session. While online sessions will automatically end after a
period of inactivity, logging off can help protect you in case you accidentally leave your computer unattended.
- Refrain from using public computers (e.g. computers in a library, Internet café or hotel business center) to
access your online banking accounts. The security of public or shared computers cannot be assured.
- Always keep your computer’s operating system and browser fully patched for critical security issues. We
recommend use of the most current, fully patched, versions of Internet browsers for accessing the Internet
Banking Service.
- Always keep your anti-virus and anti-spyware software current and routinely scan your computer, servers, and
electronic media using reliable virus detection and anti-spyware products. Undetected or un-repaired viruses or
malicious software (malware) may affect the performance of your computer, corrupt and destroy your programs,
files, and even your hardware. Furthermore, undetected or un-repaired viruses or malware may affect the security
of online accounts and the privacy of personal information stored on your computer. If your computer is
compromised by some form of malware, virus, or Trojan, you could unintentionally transmit sensitive account
information or personal data to another third party or transmit a virus to other computers.
- Always use a firewall product (hardware and/or software), especially if you have a broadband Internet
connection such as DSL or cable modem.
- If you use a wireless Internet connection to access your online accounts, make sure that the wireless network is
encrypted.
Occasionally we may post important security notices on our website and/or send online banking users security
related notices or reminders; it is your responsibility to read all security notices.
21. Protecting Your Passcode
When you or your Authorized Users accept the terms and conditions of this Agreement, you agree not
to give or make available your Passcode or other means to access your account to any unauthorized individual(s). You
are responsible for all transactions authorized or requested though the Internet Banking Service using a valid
Access ID and Passcode, including those situations when your Access ID and Passcode are obtained due to compromise
to your computer. If you permit other persons to use the Internet Banking Service with your Passcode, or other means
to access your account, you are responsible for any transactions they authorize.
If you believe that your Passcode or other means to access your account has been lost or stolen or
that someone may attempt to use the Internet Banking Service without your consent or has transferred money without
your permission, you must notify us at once by calling 918-483-2241 during customer service hours. You can also
contact us by sending a secure message through the Internet Banking Service.
IF YOU OR YOUR AUTHORIZED USERS DISCLOSE YOUR PASSCODE TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE
YOUR PASSCODE TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE
FOR ANY USE OF THE INTERNET BANKING SERVICE BY THEM (E.G., SUCH AS WHEN YOU PROVIDE THIS INFORMATION TO A JOINT
ACCOUNT HOLDER, AN EMPLOYEE, AN AGGREGATION SERVICE PROVIDER, OR WHEN YOUR PERSONAL COMPUTER IS COMPROMISED BY A KEY
STROKE LOGGING VIRUS OR ANY OTHER TYPE OF MALWARE).
You agree that we may send notices and other communications, including Passcode change
confirmations, to the current address shown in our records, whether or not that address includes a designation for
delivery to the attention of any particular individual.
22. Our Liability for Failure to Complete Transactions
We will use commercially reasonable efforts to make all your transfers and Bill Payments properly.
However, we shall incur no liability if we are unable to complete any transactions initiated by you because of the
existence of any one or more of the following circumstances:
- If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds
to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if
applicable);
- The Service and/or the payment processing center is not working properly and you know or have been advised by
this Institution and/or its Service Providers about the malfunction before you execute the transaction;
- 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;
- Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
- If your computer, software, telecommunication lines were not working properly and this problem should have been
apparent to you when you attempted the transfer or Bill Payment;
- It can be shown that the Biller received the Bill Payment within the normal delivery timeframe and failed to
process the payment through no fault of ours;
- The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we
believe prevents their withdrawal;
- We have reason to believe that a payment or other transaction request may not be authorized by you or any third
party whose authorization we believe is necessary; and/or
- Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not
limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction
and we have taken reasonable precautions to avoid those circumstances.
23. Documentation and Verification of Payments and Transfers
Information regarding Internet Banking and Bill Payment transactions will be reflected on the
account detail in the Service and in your regular monthly account statement(s).
24. Provisions Applicable Only to Consumer and Sole Proprietors Deposit
Accounts
(A) Errors and Questions
In case of errors or questions about your electronic transactions, you should notify us as soon as
possible through one of the following methods:
- Telephone us at Porter: 918-483-2241; Locust Grove: 918-479-5001; Chouteau: 918-476-7474; Erick-580-526-3332
during customer service hours;
- Contact us by using the secure messaging feature within the Service; or
- Write to us at First Bank, PO Box 1228, Erick, OK 73645
If you think your statement is incorrect or you need more information about an electronic transfer
or Bill Payment 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:
- Tell us your name, relevant Service account number(s), and Access ID;
- 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,
- 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 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 account.
For errors regarding electronic transactions on new consumer accounts, we may take up to 90 days to
investigate your complaint or question. We may take up to 20 Business Days to credit a new account for the amount
you think is in error.
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.
We may revoke any provisional credit provided to you if we find an error did not occur.
(B) Consumer Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Access ID or Passcode has been lost or stolen.
Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus
your maximum overdraft line of credit if applicable).
If customers who are Consumers tell us within two (2) Business Days after you discover your
Passcode, Access Id used 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 Passcode, Access ID 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 account 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.
25. Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In
such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will
constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications,
services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve 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.
26. Address, E-mail, or Payment Account Changes
When you enroll in the Service, we may send you a “Welcome” e-mail. We will also send you e-mails
and/or secure messages through the Service regarding important Internet Banking and Bill Payment matters and/or
changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this
information to you.
It is your sole responsibility to ensure that your contact information is current and accurate. This
includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made either
within the Service in the User Services menu or by contacting our Internet Banking Department at Porter:
918-483-2241; Locust Grove: 918-479-5001; Chouteau: 918-476-7474; Erick: 580-526-3332
Any changes to your Eligible Account(s), Payment Account, or Billing Account should also be made in
accordance with the procedures outlined above.
We are not responsible for any Bill Payment processing errors or fees incurred if you do not provide
accurate Payment Account or contact information.
27. Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service, please contact our Internet Banking Department or send
us a secure email through the Service.
Any Bill Payment(s) the Service has already processed before the requested cancellation date will be
completed by the Service. All Scheduled Bill Payments, including automatic payments, will not be processed once the
Service is cancelled. You will remain responsible for any fees associated with the Service prior to the effective
cancellation date.
We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall
affect your liability or obligations under this Agreement.
Access to our Service may be canceled in whole or part without prior notice due to insufficient
funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your
account(s) is closed or restricted for any reason, or if there has not been any Internet Banking or Bill Payment
activity for a period of 2 consecutive months, accessibility will automatically terminate.
After termination or suspension of the Service, we may consider reinstatement once sufficient funds
are available in your accounts to cover any fees and other pending transfers or debits. In order to request
reinstatement of the Service, you must call our Internet Banking Department.
28. Exclusions of Warranties and Limitation of Damages
THE INTERNET BANKING SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", “AS AVAILABLE” 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.
NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE INTERNET BANKING SERVICE IS SECURE, WE CANNOT AND DO
NOT WARRANT THAT ALL DATA TRANSFERS VIA THE INTERNET BANKING SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY
OTHERS.
WE ARE NOT RESPONSIBLE FOR AND YOU AGREE TO HOLD US HARMLESS FROM ANY DAMAGES, LOSSES, COSTS,
ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF OR IN CONNECTION WITH ANY MALFUNCTION OF YOUR COMPUTER OR
SOFTWARE, OR YOUR FAILURE TO OBTAIN ADEQUATE ONLINE SECURITY HARDWARE AND SOFTWARE, NOR WILL WE BE RESPONSIBLE FOR
ANY COMPUTER VIRUSES THAT AFFECTSYOUR COMPUTER OR SOFTWARE WHILE USING THE INTERNET BANKING SERVICE. IN ADDITION, WE
WILL NOT BE RESPONSIBLE FOR ANY THIRD PARTY ACCESS OR ATTEMPTED ACCESS TO YOUR COMPUTER OR SOFTWARE WHILE USING THE
INTERNET BANKING SERVICE OR OUR WEBSITE.
WE ARE NOT RESPONSIBLE AND YOU AGREE TO HOLD US HARMLESS FOR SECURITY BREACHES CAUSED BY OR ARISING
FROM A BREACH OF YOUR COMPUTER SYSTEM, INTERNET PROVIDER OR YOUR MOBILE DEVICE CARRIER.
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER
INCLUDING BUT NOT LIMITED TO THE USE OF UPDATED ANTI-VIRUS PROTECTION.
NEITHER THIS FINANCIAL INSTITUTION NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS,
ERRORS, DELETIONS, FAILURES, OR DISCLOSURE OF PERSONAL OR BUSINESS ACCOUNT INFORMATION THAT MAY OCCUR AS A RESULT OF
ANY VIRUS, TROJAN, SHARED PASSWORD, OR MALFUNCTION OF YOUR COMPUTER OR SOFTWARE OR YOUR FAILURE TO ADEQUATELY
MAINTAIN AND SECURE YOUR COMPUTER AND SOFTWARE.
THE FOREGOING SHALL CONSTITUTE FIRST BANK AND IT IS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY. IN NO EVENT SHALL FIRST BANK OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE
POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE,
AND/OR YOUR USE OF THE INTERNET BANKING SERVICE.
29. No Unlawful or Prohibited Use
As a condition of using the Internet Banking Service, you represent and warrant to us that you will
not use Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this
Agreement or by any applicable law or regulation.
You further warrant and represent that you will not use the Internet Banking Service in any manner
that could damage, disable, overburden, or impair the service or interfere with any other party’s use and enjoyment
of the service. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided through the Service. You agree that these warranties and representations
will remain in full force and effect even if this Agreement terminates for any reason.
30. Assignment
You may not assign this Agreement to any other party. We may assign this Agreement in our sole
discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to
independent contractors or other third parties.
31. No Waiver
This Financial Institution and its Service Providers shall not be deemed to have waived any of our
rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission 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.
32. 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.
33. Disputes
In the event of a dispute regarding the Service, you 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
us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and
us relating to the subject matter of this Agreement. If there is a conflict between what the employees of this
financial institution and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement
will prevail.
34. Waiver of Trial by Jury
The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial
by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection
with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct,
course of dealing, statements or actions of the parties. This provision is a material inducement for the parties
entering this Agreement.
35. Ownership of Material
Copyright in the pages and in the screens displaying the pages, and in the information and material
therein and in their arrangement, is owned by First Bank and/or is Service Providers unless otherwise indicated. All
registered and unregistered trademarks used in the Service are the sole property of their respective owners.
Unauthorized reproduction in whole or part is prohibited.
36. Governing Law and Relation to Other Agreements
Accounts and services provided by this Financial Institution may also be governed by separate
agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible
Account(s) and provided to you separately.
This Agreement shall be governed by and construed in accordance with federal laws and the laws of
the State of Oklahoma, without regard to its conflicts of laws provisions; provided, however, that any dispute
solely between you and our Bill Payment Service Provider shall be governed by and construed in accordance with the
laws of the State of Georgia, without regard to its conflicts of laws provisions.
REGULATION E DISCLOSURE
ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURES
This Agreement and Disclosure is made in compliance with federal law regulating electronic funds
transfer (EFT) services. Electronic funds transfers are electronically initiated transfers of money involving an
account at the Financial Institution. The following disclosures set forth your and our rights and responsibilities
concerning the electronic funds transfers. In this Agreement, the words "you" and "your" mean those who sign as
applicants or any authorized user(s). The words "we", "us" and "our" mean the Financial Institution. The
abbreviation "PIN" or word "code means a personal identification number.
ATM Only
Types of Transfers: You may use the
automated teller machine
(ATM) card and personal identification number (PIN) issued to you to initiate transactions at ATMs of ours, ATMS
within the networks identified on your card and such other facilities as we may designate from time to time. Unless
you specify a different account during Automated Teller Machine (ATM) transactions, your Primary Account will be
used for your transactions. Your Primary Account number and information may be obtained from the ATM Request Form.
At present you may use your card to (some of these services may not be available at all ATMs):
- Withdraw cash from your checking account.
- Withdraw cash from your savings account.
- Transfer funds between your checking and savings account.
- Obtain balance information on your deposit accounts.
Limitations on Frequency and Amount:
- You may withdraw up to a maximum of $500.00 (if there are sufficient funds in your account) per day.
- For security purposes, there are limits on the frequency and amount of transfers you may make using ATMs.
Fees and Charges for ATM Transactions:
- There is no charge for ATM withdrawals at machines owned by us.
- 5 ATM withdrawals per month are allowed free of charge.
- There is a $1.00 fee per withdrawal over 5 per month.
- There is a Replacement Card Fee of $5.00 per card.
- $1.00 per month card fee.
ATM Fees. When you use an ATM not owned by
us, you may be
charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if
you do not complete a fund transfer).
Visa Check/Debit Card
Types of Transactions/Transfers: You may use the card and
PIN issued you to pay for purchases from merchants who have agreed to accept the card at Point of Sale (POS)
terminals within the networks identified on your card and such other terminals as the Bank may designate from time
to time. Point of Sale (POS) transactions will be deducted from your Primary Account. Point of Sale (POS)
transactions involving a refund will be credited to your Primary Account. You may also use the card to pay for
purchases from merchants that accent the POS debit card with a VISA symbol. You may use the automated teller machine
(ATM) card and personal identification number (PIN) issued to you to initiate transactions at ATMs of ours, ATMs
within the networks identified on your card and such other facilities as we may designate from time to time. Unless
you specify a different account during Automated Teller Machine (ATM) transactions, your Primary Account will be
used for your transactions. Your Primary Account number and information may be obtained from the Combined
ATM/POS/Debit card Request Form. At present you may use your card to (some of these services may not be available at
all ATMs):
- Withdraw cash from your checking account.
- Withdraw cash from your savings account.
- Transfer funds between your checking and savings accounts.
- Obtain balance information on your deposit accounts.
Limitations on Frequency and Amount:
- You may withdraw up to a maximum of $500.00 (if there are sufficient funds in your account) per day.
- For security purposes, there are limits on the frequency and amount of transfers you may make using ATMs and
this Point of Sale service.
- You may purchase up to a maximum of $750.00 worth of goods and services per day, exclusive of ATM withdrawals.
Fees and Charges:
- There is no charge for ATM withdrawals at machines owned by us.
- 5 ATM withdrawals per month are allowed free of charge.
- There is a $1.00 fee per withdrawal over 5 per month.
- There is a Replacement Card Fee of $5.00 per card.
- $1.00 per month card fee.
- We do not charge for any POS transactions.
ATM Fees. When you use an ATM not owned by
us, you may be
charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if
you do not complete a fund transfer).
Other EFT Transactions. You may access
certain account(s)
you maintain with us by other EFT transaction types as described below.
Electronic Check Conversion. You may
authorize a merchant or
other payee to make a one-time electronic payment from your account using information from your check to pay for
purchases or pay bills. Electronic check conversion is a payment process in which a merchant or other payee (after
obtaining your authorization) uses your check to gather routing, account, and check number information to initiate a
one-time EFT. When information from your check is used to make an electronic fund transfer, funds may be withdrawn
from your account as soon as the same day you make your payment. This type of EFT transaction involving a consumer
account is covered by the Electronic Funds Transfer Act and this disclosure. A description of the transaction will
appear on your statement.
Re-presented Check Transactions and Fees.
You may authorize
a merchant to electronically collect a fee associated with the re-presentment of a check that is returned due to
insufficient or unavailable funds. The resulting fee transaction if debited as an EFT from a consumer account is
covered by the Electronic Funds Transfer Act and this disclosure. When a merchant re-presents a check
electronically, that transaction is not covered by the Electronic Funds Transfer Act of this disclosure. A
description of the transaction will appear on your statement.
Electronic Fund Transfers Initiated by Third
Parties- You
may authorize a third party to initiate electronic fund transfers between your account and the third party’s
account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you.
These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the
third party to make these transfers can occur in a number of ways. For example, your authorization to convert a
check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant
provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant
will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to
provide the third party with your account number and financial institution information. This information can be
found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your financial
institution and account information (whether over the phone, the Internet, or via some other method) to trusted
third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers
include, but are not limited to:
Preauthorized credits- You may make
arrangements for certain
direct deposits to be accepted into your checking or savings.
Preauthorized payments- You may make
arrangements to pay
certain recurring bills from your checking or savings.
Electronic check conversion- You may
authorize a merchant or
other payee to make a one-time electronic payment from your checking account using information from your check to
pay for purchases or pay bills.
Electronic returned check charge- You may
authorize a
merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is
returned for insufficient funds.
Online Banking- types of transfers- You may
access your
account(s) by computer at www.yourfirst.bank by using your user ID, password and challenge question:
- transfer funds from checking and savings to checking and savings
- make payments from checking and savings to loans
- get balance information about checking, savings, certificates of deposit, line of credit, or internal bank loans
- get withdrawal history about checking, savings, or line of credit
- get deposit history about checking, savings, certificates of deposit, or line of credit
- get transaction history about checking, savings, certificate of deposit, line of credit, or internal bank loans
Check Fee- Type of transfers-
You may access this service by computer at www.yourfirst.bank and using your user name and password
and account number(s).
You may access this service to:
Make payments from your checking and savings account(s) to pay most bills.
(Some payments made by paper check will not be subject to this electronic Fund Transfer disclosure.
See your service agreement for details).
Mobile banking- types of transfers- You may
access your
accounts remotely with your cell phone or other mobile access device by using your User Identification Name,
Password and challenge question. You may use this service to:
- transfer funds from Checking or Savings to Checking or Savings
- make payments from Checking or Savings to a Loan
- get balance information about Checking, Savings, Line of Credit or Certificates of Deposit
- get withdrawal history about Checking, Savings, Line of Credit or Certificates of Deposit
- get deposit history about Checking, Savings or Certificates of Deposit
- get transaction history about Checking, Savings, Line of Credit or Certificates of Deposit
Your mobile service provider’s standard service fees, such as text message fees or similar charges,
will apply to all transactions. Check with your service provider for information about these fees.
Limits and fees- Please refer to our fee
disclosure for
information about fees and limitations that may apply to these electronic fund transfers.
The following limitations may be applicable to your accounts, except as
provided by law:
Liability for Unauthorized VISA Point of Sale Debit Card
Transactions. Tell us, AT ONCE, if you believe your VISA point of sale debit card has
been lost or
stolen or of any unauthorized transactions. Your liability for unauthorized VISA point of sale debit card
transactions that take place on the VISA system is Zero dollars ($0.00). We may require you to provide a written
statement regarding claims of unauthorized VISA point of sale debit card transactions.
These provisions limiting your liability do not apply to VISA commercial credit cards, ATM
transactions, or PIN transactions not processed by VISA; and apply only to cards issued in the United States. With
respect to unauthorized transactions, these limits may be exceeded to the extent allowed under applicable law (see
Liability for Unauthorized Transfers paragraph below) only if we determine that you were grossly negligent or
fraudulent in the handling of your account or point of sale debit card. For specific restrictions, limitations, and
other details see your Cardholder Agreement. To notify us of lost or stolen cards, or of unauthorized transactions,
call or write to us at the telephone number or address set forth below. This will help prevent unauthorized access
to your account and minimize any inconvenience.
VISA is a registered trademark of VISA International.
In addition to the limitations set forth above, the following
limitations
may be applicable to your accounts:
Liability for Unauthorized Transfers. Tell
us AT ONCE if you
believe your card, ATM PIN, or POS card or PIN has been lost or stolen or if you believe that an electronic fund
transfer has been made without your permission using information from your check. 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 (2) business days after you learn of the loss or theft of your card or code, you
can lose no more than $50.00 if someone used your card or code without your permission. If you do NOT tell us within
two (2) business days after you learn of the loss or theft of your card or code, and we can prove that we could have
stopped someone from using your card or code without your permission if you had told us, you could lose as much as
$500.00. Also, if your statement shows transfers that you did not make, including those made by card code or other
means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may
not get back any money lost after the sixty (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. If you believe that your card or code has been lost or stolen or that
someone has transferred or may transfer money from your account without your permission, call (918) 483-2241, or
write us at First Bank, P.O. Box 89, Porter, OK 74454. You should also call the number or write this address if you
believe a transfer has been made using the information from your check without your permission.
Illegal Transactions. You may not use your
ATM, POS, or
Debit Card, or other access device for any illegal or unlawful transaction, and we may decline to authorize any
transaction that we believe poses an undue risk of illegality or unlawfulness. Notwithstanding the foregoing, we may
collect on any debt arising out of any illegal or unlawful transaction.
Business Days. For purposes of these
electronic funds
transfer disclosures, our business days are Monday through Friday. Holidays are not included.
Stop Payments on ATM, POS, or Debit Card
Transactions. You
may not place a stop payment order on any ATM, POS, or debit card transaction.
Periodic Statement. You will get a monthly
account statement
from us, unless there are no transactions in a particular month. In any case you will get a statement quarterly. You
will get a quarterly statement from us on your savings account if this is the only account you maintain and the only
possible electronic transfer to or from the account is a preauthorized deposit. If you have a passbook account, you
may bring your passbook to us and we will record any direct deposits that we made to your account since the last
time you brought in your passbook.
Terminal Receipt. You can get a receipt as
the time you make
a transfer to or from your account using one of our ATMs or a POS terminal. However, receipts for transactions of
$15.00 or less may not always be available.
Direct Deposits. If you have arranged to
have direct
deposits made to your account at least once every sixty (60) days from the same person or company, you can call us
at (918)476-7474 to find out whether or not the deposit has been made.
Our Liability for Failure to Make
Transfers. 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, we
will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable for
instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- If the money in your account is subject to legal process or other claim restricting such transfer.
- If the transfer would go over the credit limit on your overdraft line.
- If the ATM where you are making the transfer does not have enough cash.
- If the terminal or system was not working properly and you knew about the breakdown when you started the
transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable
precautions that we have taken.
- There may be other exceptions stated in our agreement with you.
In case of Errors or Questions about Your Electronic
Transfers. Telephone us as at (918)483-2241, or write us as FIRST BANK, P.O. Box
89, Porter, OK
74454 as soon as you can, if you think your statement or receipt is wrong or if you need more information
about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we
sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- 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.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within
ten (10) business days.
We will determine whether an error occurred within ten (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 forty five (45) days to
investigate your complaint or question. If we decide to do this, we will credit your account within ten (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 within ten (10) business days, we may not credit your account.
If a notice error involves an electronic fund transfer that occurred within thirty (30) days after
the first deposit to the account was made, the error involves a new account. For errors involving new accounts,
point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to
investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your
account for the amount you think is in error.
We will tell you the results within three (3) 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.
If a notice of error involves unauthorized use of your point of sale debit card with the VISA logo
when it is used as a VISA point of sale debit card, we will provide provisional credit within five (5) business days
after you notify us instead of within ten (10) or twenty (20) business days. We may withhold providing this
accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history
warrants the delay.
Confidentiality. We will disclose
information to third
parties about your account or the transfers you make:
- To complete transfers as necessary;
- To verify the existence and condition of your account upon the request of a third party, such as a credit bureau
or merchant; or
- To comply with government agency or court orders; or
- If you give us your written permission.
Personal Identification Number (PIN). The
ATM PIN or POS PIN
issued to you is for your security purposes. The numbers are confidential and should not be disclosed to third
parties or recorded on the card. You are responsible for safekeeping your PIN(s). You agree not to disclose or
otherwise make you ATM PIN or POS PIN available to anyone not authorized to sign on your accounts.
Notices. All notices from us will be
effective when we have
mailed them or delivered them to your last known address on our records. Notices from you will be effective when
received by us at the telephone number or the address specified in this Agreement. We reserve the right to change
the terms and conditions upon which this service is offered. We will mail notice to you at least twenty one (21)
days before the effective date of any change, as required by law. Use of this service is subject to existing
regulations governing your account and any future changes to those regulations.
Enforcement. In the event either party
brings a legal action
to enforce this Agreement or collect amounts owing as a result of any Account transaction, the prevailing party
shall be entitled to reasonable attorneys’ fees and costs, including fees on any appeal, subject to any limits under
applicable law.
Termination of ATM and POS services. You
agree that we may
terminate this Agreement and your use of the ATM Card or POS Services, if:
- You or any authorized user of your ATM PIN or POS card or PIN breach this or any other agreement with us;
- We have reason to believe that there has been an unauthorized use of your ATM PIN or POS card or PIN;
- We notify you or any other party to your account that we have cancelled or will cancel this Agreement. You or
any other party to your account can terminate this Agreement by notifying us in writing.
Termination of service will be effective the first business day following receipt of your written
notice. Termination of this agreement will not affect the rights and responsibilities of the parties under this
Agreement for transactions initiated before termination.
Other Provisions. There may be a delay
between the time a
deposit is made and when it will be available for withdrawal.
You should review our Funds Availability Policy to determine the availability of the funds deposited
at ATMs. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit
limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the
account.
Non-Visa Debit Transaction Processing. We have enabled
non-Visa debit transaction processing. This means you may use your Debit Card on a PIN-Debit Network* (a non-Visa
network) without using a PIN.
The non-Visa debit network(s) for which such transactions are enabled are: STAR Network.
Examples of the types of actions that you may be required to make to initiate a Visa transaction on
your Debit Card include signing a receipt, providing a card number over the phone or via the Internet, or swiping
the card through a point-of-sale terminal.
Examples of the types of actions that you may be required to make to initiate a Visa transaction on
a PIN-Debit Network include initiating a payment directly with the biller
(possibly via telephone, Internet, or kiosk locations), responding to a logo displayed at a payment
site and choosing to direct payments through that network, and having your identity verified using known information
derived from an existing relationship with you instead of through use of a PIN.
The provisions of your agreement with us relating only to Visa transactions are not applicable to
non-Visa transactions. For example, the additional limits on liability (sometimes referred to as Visa's
zero-liability program) and the streamlined error resolution procedures offered on Visa debit card transactions are
not applicable to transactions processed on a PIN-Debit Network.
*Visa Rules generally define "Pin-Debit Network" as a non-Visa debit network that typically
authenticates transactions by use of a personal identification number (PIN) but that is not generally known for
having a card program.
ATM SAFETY TIPS
As issuers of Automated Teller Machine (ATM) access devices, we have provided for your information a
list of safety precautions regarding the use of automated teller machines. Please read the following safety tips:
- Be aware of your surroundings, particularly at night.
- Consider having someone accompany you when the automated teller machine is used after dark.
- It is appropriate to politely ask someone who is uncomfortably close to you to step back before you complete
your transaction.
- Refrain from displaying your cash. Pocket it as soon as your transaction is completed. Count the cash later in
the safety of your car or home.
- Consider using another automated teller machine or coming back later if you notice anything suspicious. If you
are in the middle of a transaction and you notice something suspicious, cancel the transaction, pocket your ATM
access device and leave.
- Go to the nearest public area where people are located if you are followed after making a transaction.
- Report all crimes to law enforcement officials immediately.
Proceed with Enrollment for the Service.
By clicking on the "I agree" button below you represent that you are the owner of an Eligible
Account to be enrolled in the Service and/or have been authorized by the owner to enroll for the Service. Clicking
on the “I Agree” button also indicates your acceptance of the terms and conditions of this Agreement in this
electronic format.
(If you do not agree, choose cancel below.)
If you click “cancel” you can still enroll at a later time by completing an application in one of
our offices. You will still be asked to accept the terms and conditions of this Agreement.