First National Bank Southwest, a divison of First National Bank of Omaha
Online Business Banking Services Agreement
Electronic Consent Process
Clicking "I Agree" or "Submit" or logging on is equivalent to your legally binding written signature and means that you are:
- agreeing to the Agreement on behalf of the Customers. The "Customers" are those persons or entities you have enrolled and/or those additional persons or entities: (i) whose accounts you access via our website; or (ii) in whose name you use a Service available via our website;
- on behalf of the Customers, consenting to this electronic process for entering into and receiving a copy of the Agreement and for receiving all future communications related to the Agreement (for example, change-in-terms notices); and
- representing that you have all necessary rights, power and authority to make these agreements and give these consents on behalf of the Customers.
We are relying upon this electronic agreement process in permitting you to log on. Using our website and Services is optional. Please exit now if you disagree with any of the terms contained in the Agreement.
- You have an option to obtain a paper copy of the Agreement and any future communications. If you want a paper copy, click the print button or call us toll-free at 800-853-9586 and we will mail you a paper copy. You may obtain a paper copy at any time at no additional charge.
- You do not have to consent to entering into or receiving the Agreement or future communications electronically. If you don't though, you will be unable to enroll electronically. If you don't want to enter into or receive the Agreement electronically or if you want to withdraw your consent, do not click "I agree" or log on. Instead, call 800-853-9586. Withdrawal of your consent will not affect transactions which occur before we receive notice from you and have reasonable opportunity to act.
- By proceeding you are confirming that you can access, read and print all of the Agreement.
- You may use the "contact us" feature to update information needed to contact you electronically.
Please print a copy of the Agreement and retain it for future reference.
Terms and Conditions for Online Banking Services
As used below, "you" and "your" refer to the Customers. "We," "us" and "our" refer to First National Bank Southwest, a divison of First National Bank of Omaha. "Services" refers to the various services that you can access via our website.
Please note: These Terms and Conditions cover our Online Banking Services generally. Some of those Services require enrollment and will not be available to you unless we have approved your enrollment. If you have not been enrolled in such a Service, the portion of these Terms and Conditions that cover that Service will not apply to you.
IMPORTANT: We may permit access to your account information and may accept as authentic any instructions given to us by any person that has successfully logged on with a User ID assigned to any of your personnel or entities. You are solely responsible for all conduct and transmissions that take place under those User IDs. You agree to keep and to require your authorized personnel to keep your User IDs secret along with all passwords, PINs, challenge questions, activation codes, confirmations and other security devices and features that you may be provided in connection with the Services (all of which are referred to, along with your User ID, as your "Security Devices"). You agree to notify us immediately if any of your Security Devices are lost or stolen or if you believe someone else has discovered what your Security Devices are. You must not disclose your Security Devices to any one that is not authorized by you to use them; if any of your personnel disclose your Security Devices to another person, we are entitled to rely upon that person's authority to act on your behalf. We may permit such a person to access your account information, to make payments and transfers and to otherwise use the Services. You are responsible for following all directions provided with respect to use of the Security Devices. To the extent that the Services enable you to select your Security Devices, you agree to select Security Devices that are as secure as possible (for example, Security Devices that are difficult to guess, long not short, composed of letters and numbers, and that follow any other recommendations we provide). To the extent that the Services allow you to change your Security Devices, we recommend that you do so regularly and frequently. Security Devices should be cancelled or changed whenever any person with access thereto transfers to a new assignment, leaves your employ or is otherwise no longer authorized to use a Security Device on your behalf or if you have any reason to believe that the security of your Security Devices has been breached. Certain of your personnel (referred to here as "Administrators") may have the ability to add, delete, and modify Security Devices and to determine which of your employees or representatives have access to the Services, and the type of access they have (your "Users"; your Administrators are also considered Users). Your Administrators are solely responsible for determining, on your behalf, who should be trusted with a Security Device and for supervising their use thereof. You are responsible for all transactions initiated by your Users even though they engage in transactions that you have not authorized, regardless of the purpose thereof and regardless of whether the User violates your rules pertaining to use of the Services. If a User loses or forgets a Security Device, they should contact your Administrator. If your Administrator loses or forgets a Security Device, they should contact us. You understand and agree that any one User may be able to initiate transactions (including transfer and payment transactions) using the Services, regardless of whether the User was previously an authorized signer on the affected accounts and regardless of whether any of those accounts normally have other restrictions or require dual signatures. We do not assume liability or otherwise guarantee the security of information in transit to or from our facilities. We reserve the right to: (1) monitor and/or record all communications and activity related to the Services; and (2) require verification of all requested payments and transfers as we deem appropriate. This means, for example, that we may require your written or other verification before we make a transfer. Our records will be final and conclusive in all questions concerning whether or not any of your Security Devices was used in connection with a particular transaction. If any unauthorized use of your Security Devices occurs, you agree to: (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance that we request in recovering any unauthorized payment or transfer.
WE WILL NEVER ASK YOU TO DISCLOSE A SECURITY DEVICE IN AN EMAIL AND WE WILL NEVER SEND YOU AN EMAIL THAT ASKS YOU TO GO TO ANOTHER WEBSITE TO VERIFY YOUR ACCOUNT INFORMATION FOR US. (FOR MORE INFORMATION, SEE THE "PHISHING" PARAGRAPH IN OUR Security Statement.)
IMPORTANT NOTE ABOUT OUR RIGHT TO SUSPEND SERVICES IN THE EVENT THAT WE HAVE SECURITY CONCERNS: We reserve the right to temporarily suspend access to our website, to any or all Services, and to suspend honoring payments and transfers from your account whenever we deem appropriate, in our sole and absolute discretion. This may occur, for example, if we are concerned that a system security breach has occurred or has been or is being attempted. We may, among other things, consider incorrect attempts to use a Security Device or the failure to complete an attempted payment or transfer as an indication of an attempted security breach.
Balance information available on our website may not reflect outstanding checks or charges, unposted transactions (such as deposits, payments or credits) or recent payments or transfers. Balances in deposit accounts may also be subject to a hold (which will not necessarily be evident from your online statement, but you will receive written notice when the hold is placed). Balance information is generally provided as of the end of the prior business day and may not reflect pending transactions. Online transaction history for accounts is limited. You may need to check the statements that we have previously sent you for information prior to the first day covered by the online transaction history.
You may use one or more features of our website for general, non-urgent communications with us. You should not rely on email for important or time-sensitive notices to us such as stop payment orders, or for reporting a lost or stolen Security Device, or a lost or stolen credit, debit or ATM card. In any event, we will not take action based on an email request until we actually receive your message and have a reasonable opportunity to react. We would also caution you against using email for transmitting sensitive personal information. We reserve the right to terminate Services if email is used for threatening, abusive, obscene, libelous, defamatory or offensive material. Offensive material includes, among other things, sexually explicit messages or other messages that can be construed to be harassment or disparagement of others based on their race, color, religion, disability, age, sex or national origin.
You may also use one or more features of our website to notify us of errors on your statements. You should not consider that we have received your notification unless and until you receive a response from us. If you do not receive a response to your dispute within two business days, you should resend your message (and await a response from us) or contact us in a different manner.
DO NOT USE EMAIL TO NOTIFY US OF LOST OR STOLEN SECURITY DEVICES, OR LOST OR STOLEN CREDIT, DEBIT OR ATM CARDS. DO NOT SEND TRANSFER OR PAYMENT REQUESTS VIA EMAIL.
We make reasonable commercial efforts to make our Services and website available; however, we are not responsible for any scheduled downtime or other interruptions. We reserve the right to change service hours at any time.
Termination of Services
If you want to terminate your access to our online Services, you can call us at the number in the "contact us" section of our website. Services may be discontinued immediately if we receive a call from your personnel or someone claiming to be one of your personnel. Alternatively, we may require that another procedure be followed so that we may verify the requesting person's identity and authorization to terminate. Payments or transfers will not necessarily be stopped or discontinued because you terminate access to online Services. If you want to make sure that payments or transfers are stopped, you must use the functionality that is available on the website to do so.
We reserve the right to terminate access to any or all Services in whole or in part at any time, with or without cause and without prior written notice. In that event or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized payments or transfers, including recurring payments or transfers and other transactions that have not yet been processed.
Terminating the Services does not affect your or our rights or obligations under this Agreement with respect to occurrences before termination.
IMPORTANT NOTICE REGARDING CHANGES IN TERMS: We may unilaterally change the terms of this Agreement at any time. This includes modifications, deletions and the addition of new provisions, including non-financial provisions (for example, we may add provisions relating to our enforcement rights or the resolution of claims and disputes). If we make changes, we will send you a written or electronic notice, if required by law. Changes will be automatically effective on the date we specify and without the necessity of any further assent on your part. Unless we specify otherwise, changed terms will apply to your account(s) as then outstanding as well as to future transactions and balances. Each time you log in, you are confirming your assent to the terms of this Agreement, including all announced changes. Use of our Services is not, however, necessary for a change in terms to be effective. If you disagree with a change, you should stop using the Services.
Credit Review; Third Party Contacts
You agree that we may contact any source necessary and may obtain credit reports on you in connection with the Services. We may also contact third parties (such as but not limited to your payees and payors and other financial institutions) in connection with resolving problems with the Services (e.g., in connection with delayed or incorrectly posted payments).
You may not transfer, assign or delegate your rights or duties under this Agreement. Do not use an aggregator or screen scraper service provider. If you choose to use an aggregator or screen scraper service provider, you are authorizing them to act on your behalf in obtaining the Services. We reserve the right, at our sole discretion, to assign our rights and delegate our duties.
Each time you request us to make a payment or transfer using the Services, you authorize:
- us to complete that payment or transfer without any further instructions or your signature; and
- the account-holding institution (which may or may not be us) to deduct the payment or transfer amount from the deposit account you identify (subject to restrictions our system imposes).
You may revoke your authorization only by using the functionality that is available on the website to do so. Certain authorizations may not be revoked if we have already begun to process the request or if you have missed the applicable cut-off time. If our system verifies that a payment or transfer was initiated under a User ID assigned to you, or any of your personnel or entities, we are entitled to treat that payment or transfer instruction as if it was in writing and signed by you. This shall be considered the "Security Procedure" used to verify the authenticity of your payment and transfer instructions. This Security Procedure is intended to verify the authenticity of payment and transfer directions, not errors in transmission or content.A PAYMENT OR TRANSFER INSTRUCTION SHALL BE EFFECTIVE AS YOUR VALID ORDER TO US AND YOU AGREE TO BE BOUND BY IT IF: (1) IT WAS IN FACT TRANSMITTED OR AUTHORIZED BY YOU OR YOUR PERSONNEL; OR (2) IT WAS ACCEPTED BY US IN COMPLIANCE WITH THE ABOVE SECURITY PROCEDURE, WHETHER OR NOT IT WAS ACTUALLY AUTHORIZED BY YOU.
BillPay: Payments and Transfers
Your Choices. You may use the Services to request the initiation of payment and transfer transactions. Our system will allow you to make a variety of choices about those transactions. You are solely responsible for the choices you make and the accuracy and completeness of the data you input in connection with your transactions. Among other things, you may choose whether transactions are single transactions or recurring. Once started, recurring transactions may occur automatically without further action on your part. If you don't understand a choice you have about your transactions, if you don't understand how or when transactions will be carried out, or if you have other questions, we encourage you to call us at 800-853-9586 between 8:30AM and 7:00PM CST, Monday through Friday and 8:00AM - 1:00PM on Saturday.
Internal Transfers. You can make most of your external payments and transfers using the different features found under the "Bill Pay, Payroll and Invoicing" tab. If you want to make internal transfers between your own accounts with us, use the separate "Transfer Funds Between Accounts" feature which is found under the "Account Info & Transfers Tab" -- transfers requested this way are referred to as "Internal Transfers" (transfers requested in other ways are not considered "Internal Transfers" even if they only involve your own accounts with us).
Scheduling Transactions. Transactions will normally be processed on or after the date (or "process date") you select:
--Requests submitted after our cut-off time (currently, 3:00PM CST) or on a weekend or holiday may not be processed until the next business day;
--If the process date you select is not a business day (see Business Days), the process date may be the next succeeding business day (unless you have selected the "pay before" option for a recurring payment or transfer, in which case the process date may be the preceding business day);
--If the process date you select for a recurring payment or transfer is the 29th, 30th or 31st of the month, and if that date does not exist in a given month, then the last business day of the month will be used as the process date (unless you have selected the "pay after" option, in which case the process date will be the next succeeding business day).
Although transactions will normally be deducted from your account on or about the process date, the process date is NOT the date your payee or transferee will receive your payment or transfer. You are responsible for initiating each payment and transfer far enough in advance to assure that your payee or transferee receives it by the date you want. Depending on the mode of payment, we generally recommend a process date of four to eight business days in advance of the date you want the payee or transferee to receive the transaction. We also recommend that you treat your initial due date as the date your payee or transferee should receive payment, not the end of a grace period. Although our system may identify an estimated arrival date for your transaction, we do not guarantee that your payee or transferee will receive your payment or transfer on that date. Our system may provide features that allow you to edit or stop previously entered transactions. If you wish to edit or stop a transaction, you must do so before the cut-off time on the process date for the affected payment or transfer.
Internal Transfers are governed by the following scheduling rules rather than those above: One-time same day Internal Transfers that you request can be made virtually immediately if input prior to 8:00AM to 10:00PM CST on a Business Day, except that one time payments to mortgage loans are not made until approximately 10:00PM CST on that day. Recurring and future-dated one-time Internal Transfers are generally executed at approximately 10:00 PM CST time on the "Transfer Date" you specify. Internal Transfers input after 10:00PM or on a day that is not a Business Day may not be executed until the following Business Day.
Inbound Transfers are also subject to the following scheduling limitation: Funds from inbound transfers that you request may not be available until after the third Business Day following the process date you selected.
Please Review Your Transaction Information. Our system provides a number of features to provide you with information about your transactions. These include, among other things, a feature that specifically identifies actions where your attention is required, an informational calendar feature, a reminders function, various reports, the capability to review your transactions before they are executed and features that let you view scheduled transactions, your payees, the accounts used for payments and transfers, and other transaction details and data. You are responsible for using the system's features on a timely basis to assure that the information reflected there is accurate and that important activities and occurrences are not overlooked. You understand that if you initiate erroneous or duplicate transactions, we are not responsible and it may not be possible for you to recover those transactions. You agree to inform us immediately if you discover an error or if you learn that any payee or transferee has not received a payment or transfer that you sent.
Limitations. Transactions may be subject to various minimums and maximums and limitations on frequency that we establish from time to time, as well as other system limitations. Currently, those limitations are:
- Total payments on any given day may not exceed $250,000 and no single payment may exceed $75,000.00; and
- Total payments to individuals and account-to-account transfers on any given day may not exceed $10,000 and no such single payment or transfer may exceed $10,000; and
- Inbound transfers on any given day may not exceed $25,000; and
- Inbound transfers in any given month may not exceed $50,000.
We may permit exceptions to be made to these limitations, in our discretion.
Internal Transfers made using the separate "Transfer Funds Between Accounts" feature are not subject to the preceding dollar limitations, but remain subject to individual approvals on a case-by-case basis.
For security reasons, there are other limits on the number and amount of payments and transfers you can make using the Services. In addition, please note that completing certain payments and transfers may require multiple steps, involve other financial institutions and require the cooperation of your payees or transferees. In some cases, this may delay your transaction. We reserve the right to allow the preceding limitations to be exceeded, to decline any transaction you request, to refuse to accept certain payees and/or transferees and to decline to enroll certain accounts. We reserve the right to carry out transactions in the manner we select, even if you have selected a specific mode of payment. For example, we may send payments by composite check, by check drawn on your account but without your signature (or with a signature substitute that we apply), by automated clearinghouse transaction, or by such other means as we deem appropriate. Payees and Transferees must be located within the United States. We are not responsible for delays caused by third parties or for the refusal of any payee, transferee or other financial institution to receive or accept your payment or transfer.
Inbound Transfers. You agree to request transfers only from business purpose accounts that you own and that you are properly authorized to transfer funds from. You agree not to request transfers from any account that anyone else owns or has an interest in. If any third party makes a claim against us as a result of your use of the Services to make a transfer from an account that you are not properly authorized on, you shall reimburse us for all losses we sustain in connection with that claim and you shall fully indemnify, defend and hold us harmless against that claim. In such an event, we may also reverse any credit you have been given in respect of that transfer.
Tax Payments. The tax payments service is provided by and the responsibility of a third party. We are not responsible for any aspect of the Tax Payments service and you agree to look solely and exclusively to the provider of that service for any problems that you may have with it.
DO NOT SEND PAYMENT OR TRANSFER TRANSACTION REQUESTS VIA EMAIL.
You may use the Services to request the initiation of payroll deposits. Payroll deposits are a type of payment and are subject to all the terms of the preceding section on Payments and Transfers. In addition, you understand that the payroll deposits Service only provides a method for you to use to make direct deposits of net amounts due to your employees (and contractors). The payroll deposits Service does not include processing of employee benefits, withholdings calculations, tax payments or other employment-related compliance services - you are solely responsible for all such matters. Please consider carefully who you wish to allow to use the payroll deposits Services and the permission and approval settings that you consider appropriate for that Service. We may terminate access to this Service with or without cause, including, but not limited to, if you exceed the payee limits above or if we otherwise consider your use of this Service inappropriate. If you have more than 50 payroll payees or other significant payroll processing requirements please contact us for alternative services that may be more suited to your business.
Stop Payments on Checks you Write
You may use the Services to place or remove a stop payment order on an uncleared check that you have written. A stop payment order is a request to us to not honor the payment of a check after it has been delivered but before it is cashed. You may not stop payment of certified or cashier's checks, money orders or checks that we write to carry out the Bill Pay process. These Services provide an alternative to our "Standard" (telephonic) stop payment procedure. You may still use the Standard procedure and should use it if you do not wish to have these terms apply to your stop payment order. These terms are applicable to all current and future accounts you have with us.
Stop payment orders will be placed electronically via communications link between your computer and our computer. Authenticity of stop payment orders will be verified on an automated basis by our computer. The Administrator, selected by you, will be granted the authority to establish individual system Passwords to, and assign the desired functionality within, the online stop payment platform.
Stop payment orders will remain in force for not more than six months, unless renewed for a period not to exceed an additional six months. Any applicable fees will be governed by a separate agreement. In the event your service agreement is silent as to such fee, standard fees apply. These stop payment Services require your orders to be completely accurate. You agree we are not responsible for paying an item that is not accurately described in your stop payment order. You agree our records will be conclusive as to the details of the stop payment orders we receive.
Neither placing a stop payment order nor our confirmation of it guarantees the item has not already been paid or that the item will not be paid before we have a reasonable opportunity to act on your order. Please take this into account before issuing replacement checks. You agree no additional written confirmation from you will be necessary for stop payment orders submitted this way. We are not responsible for loss, delay, alteration, or interception of communications in transit.
Payments to a Credit Card Account with Us
In order to pay your credit card account, please use the payments function found under the "Credit Cards" tab on our website. If you pay your account using any other feature on our website (such as BillPay) you may miss out on the benefits available only to payments made under the "Credit Cards" tab. We may restrict, and you agree not to initiate, payments that are greater than the then current balance on your credit card account. Recurring commercial credit card payments will not begin until after the next commercial card statement cycles. If any third party makes a claim against us as a result of your use of the Services in this way, you shall reimburse for all losses we sustain in connection with that claim and you shall fully indemnify, defend and hold us harmless against that claim. In such an event, we may also reverse any credit given on your credit card account.
Payments will be made in the amounts and on the 'payment dates' you specify. Generally, commercial card payments will post to your card account on the payment date so long as we have received your payment instructions before our cut-off time for that payment date. Our cut-off time is subject to change from time to time without notice, however, if you try to submit a payment after the cut-off time for a payment date, our system will alert you. If payment for your card account is not posted by its due date, you may be assessed a late payment fee.
DO NOT SEND CREDIT CARD PAYMENT REQUESTS VIA EMAIL.
You may use the Services to create and send electronic invoices to customers to which you have provided goods or services in the ordinary course of your business. You agree to use this Service in good faith only for the invoicing of amounts to which you are legally entitled. You represent, warrant and covenant to us that your invoices and the accompanying emails will be compliant with all applicable laws, rules and regulations, that your invoices and emails will not be deceptive or misleading and that your invoices and emails will not contain any information that infringes or misappropriates the rights of any third party. Our system will allow you to make a variety of choices about your invoices and emails. You are solely responsible for the choices you make and the accuracy and completeness of the data and other information you direct to be used in connection with creating invoices and emails. You are solely responsible for supplying the correct sales tax rates on your invoices and for keeping such rates up to date. If you don't understand a choice you have about your invoices or emails, if you don't understand how or when your invoices and emails will be processed, or if you have other questions, we encourage you to call us at 800-853-9586 between 8:30AM and 7:00PM CST, Monday through Friday and 8:00AM - 1:00PM on Saturday. Our system will provide features that let you review your invoices and emails before they are sent and certain invoice-related data. You are responsible for using these features on a timely basis to assure that the information reflected there is accurate. These Services do not include accounts receivable processing (e.g., the system will keep a record of what invoices you've sent, but does not track which are paid or unpaid), collection services, sales tax collection or reporting, or remittance processing services of any kind and we assume no responsibility for such matters. Invoices may only be rendered to customers located in the United States.
[Please note that the Get Paid Faster Service is provided by and the responsibility of a third party. We are not responsible for any aspect of the Get Paid Faster Service and you agree to look solely and exclusively to the provider of that service for the payments that may be due thereunder.]
Compliance with Law, Rules and Regulations
You are responsible for complying with all laws, rules and regulations that are applicable to your business and/or your use of the Services.
In addition to the limitations referenced in these Terms and Conditions, any applicable limitations on transfers that apply to any of your deposit accounts remain in effect (and payments or transfers using the Services will count as transfers for those purposes). For security reasons, there may be limitations (in addition to those referenced above) on the frequency and dollar amount of the payments and transfers you may make using the Services.
Your transfers and payments may be completed by automated clearing house ("ACH") entries. You agree to be bound by the rules of the National Automated Clearinghouse Association and other relevant clearing house associations as in effect from time to time (the "Rules"). You will be considered the Originator of your ACH entries under the Rules. You agree not to initiate ACH entries that violate the laws of the United States. These laws include, but are not limited to, sanctions enforced by the Office of Foreign Assets Control (OFAC). It is your responsibility to obtain information regarding OFAC enforced sanctions. You may obtain further information from the OFAC Compliance Hotline at (800)540-OFAC. Except for the entries we create to carry out your transfer and payment requests, this Agreement does not allow you originate any other types of ACH entries. We may terminate or suspend this Agreement immediately if we believe you have breached the Rules. You agree that we may audit your compliance with this Agreement and Rules as requested from time to time.
Payments and transfers from your accounts with us will be reflected on the regular account statements we make available to you. Payments from deposit accounts with other institutions should be reflected on the statements you receive from those institutions. Please continue to review all the statements you receive through the mail. You may also review payments and transfers from your accounts with us on your account detail screens. If any of your statements show an incorrect or unauthorized transaction, you agree to notify us immediately. If you do not notify us within 60 days of your statement date, your statement will be considered correct for all purposes and we will not be liable for any payments or transfers reflected thereon. You agree to promptly notify us of any change in your address or telephone number. You understand that you are responsible for maintaining prudent accounting controls, such as, but not limited to, having someone review your account statements other than a User or Administrator.
We may, but need not, make any payment or transfer if you do not have a sufficient balance on the date you request the payment or transfer or on the process date. If we do make the payment or transfer, you agree to immediately reimburse us for the overdraft that it creates (and understand that we may deduct the amount thereof from any other account you, alone or with others, maintain with us). We may charge you a fee for the overdraft. We also reserve the right to reverse any payment or transfer that we made notwithstanding your insufficient funds. Although we may generally attempt to inform you if a requested payment or transfer is not made, we are not obligated to do so.
You may use the Services to elect the electronic mail ("email") alerts service ("Alerts"). This service enables you to request and receive email messages about your accounts with us. In the event you elect this service, now or in the future, to receive one or more of the notices that are offered by the Alerts service, you acknowledge that you have read, understand and agree to abide by the terms and conditions.
You may receive Alerts through an email account. Our Alert service is also subject to the terms and conditions of your agreement(s) with your internet service provider. We provide Alerts to you by utilizing the instructions you provide to us. You are responsible for providing us a current, accurate email address to receive Alerts. You understand and authorize that each Alert is sent to you without being encrypted and may include your name and information pertaining to your account(s) with us.
You understand and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your internet service provider(s) and other factors outside our control. We do not guarantee the delivery or the accuracy of the contents of each Alert. You agree not to hold us, our directors, officers, employees and agents liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) inaccurate or incomplete content in an Alert; (b) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (c) your dependence on a Priority Alert; (d) use of the information provided in an Alert for any purpose; or (e) security relating to the delivery of the Alert.
We provide Alerts as an advantage to you for information purposes only. An Alert does not comprise a bank record for the account to which it relates. We reserve the right to terminate or change the Alerts service at any time and for any reason without prior notice to you.
Discontinuing Payments and Transfers (Consumer Accounts)
This section only applies to the extent "you" refers to the owner of a consumer account from which a payment or transfer may be made hereunder. You can stop recurring payments or transfers from a consumer account. Here's how:
Use the system's features to edit/stop payments and transfers (make sure that you initiate this before 3:00PM CST on the process date for the payment or transfer);or
Call us at 800-853-9586 between 8:30AM and 7:00PM CST, Monday through Friday and 8:00AM - 1:00PM on Saturday, or write us at First National Bank, P.O. Box 1746, Frisco, TX 75034, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you for each stop-payment order you give. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
DO NOT SEND REQUESTS TO DISCONTINUE PAYMENTS OR TRANSFERS VIA EMAIL.
The next sentence only applies to the extent "you" refers to the owner of a consumer account from which a payment may be made hereunder (the remainder of the section applies in all situations). If we fail to complete an electronic funds payment or transfer in time or in the correct amount, in accordance with this Agreement and when you properly instruct us, we are liable for your losses or damages. However, there are some exceptions. For instance, we are not liable: (1) if, through no fault of ours, you don't have sufficient funds in your account to make the payment or transfer; (2) if the funds are subject to legal process or other encumbrance restricting a payment or transfer; (3) if the payment or transfer exceeds your credit limit; (4) if there is a technical malfunction which is known to you at the time you attempt to initiate the payment or transfer or, in the case of a recurring payment or transfer, at the time the payment or transfer should have occurred; (5) if circumstances beyond our control (such as a fire, flood, power outage or communications or computer system failure) prevent the payment or transfer, despite reasonable precautions that we take. In no event are we liable for more than actual damages proved if any failure of ours was unintentional, and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid such an error.
This does not mean that we accept liability for other circumstances resulting in payments or transfers not being made or completed on time. For example, we are not responsible for delayed or failed transactions, deposits or invoices if: (1) you fail to use the Services properly in accordance with this Agreement and any online or other instructions supplied in connection with the Services; (2) you don't request and schedule them sufficiently in advance of when they need to be processed; (3) you exceed applicable restrictions on the number, amount or frequency of transactions, deposits or invoices; (4) you fail to supply complete and accurate information with regard to the transactions, deposits or invoices you wish to complete; (5) the person you wish to pay or their bank mishandles or delays posting the payment (or, in the case of transfers from your account with another institution, your account-holding institution refuses to honor or mishandles or delays the transfer); (6) your computer or software fails to operate correctly, or your instructions are lost or delayed in transmission to us; (7) a bona fide security consideration causes us not to make the payment or transfer (e.g., one of your Security Devices has been reported lost or stolen, we have reason to believe a transfer is unauthorized, or the transfer would violate other security restrictions in our system); or (8) your relevant deposit account is closed or Services hereunder have been terminated or suspended.
Liability for Unauthorized Use (Consumer Accounts)
This section only applies to the extent "you" refers to the owner of a consumer account from which a payment may be made hereunder. Tell us AT ONCE if you believe one of your Security Devices has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your deposit account (plus your maximum line of credit). If you tell us within two business days, you can lose no more than $50. If you do NOT tell us within two business days after you learn of the loss or theft of your Security Device, and we can prove we could have stopped someone from using your Security Device without your permission if you had told us, you could lose as much as $500. Also, if your deposit account statement shows payments or transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have prevented someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods. If you believe a Security Device has been lost or stolen or that someone has transferred, or may transfer money from your account without your permission, you can call us at the number in the "contact us" section of our website, or write to us at: First National Bank, P.O. Box 1746, Frisco, TX 75034.
DO NOT SEND NOTIFICATION OF LOST OR STOLEN SECURITY DEVICES OR UNAUTHORIZED TRANSFERS VIA EMAIL.
Error Resolution Procedures (Consumer Accounts)
This section only applies to the extent "you" refers to the owner of a consumer account from which a payment may be made hereunder. In case of errors or questions about payments or transfers from your accounts with us, telephone us at the number in the "contact us" section of our website, or write to us at: First National Bank, P.O. Box 1746, Frisco, TX 75034. Contact us as soon as you can if you think a statement you receive is wrong, or if you need more information about a payment or transfer listed on your statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error, or the payment 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.
- 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 10 business days. We will determine whether an error occurred within 10 days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
For purposes of these Terms and Conditions, our business days are Monday through Friday, excluding holidays.
If you have enrolled more than one organization or individual under a single Administrator, you represent and warrant that you have the authority to bind each such organization and individual to the terms hereof and that the Administrator has authority to act on behalf of all such organizations and individuals (including, but not limited to, by assigning User access to the accounts of all such organizations and individuals), and you agree that each organization and individual shall be jointly and severally liable hereunder.
Business Use and Personal Accounts
The Services shall be used for business purposes only and you agree not to enroll any internal or external personal, family, household or other consumer accounts in these Services. You shall be responsible for the consequences of violating this restriction, even if we allow it to occur. Your usage privileges are revocable, nonexclusive, and nontransferable, without the right to sublicense. You may use this website and the services solely for your internal business purpose in connection with products and services offered by us. You are solely responsible for the tax consequences of all transfers between your various business and personal accounts and all payments you make using the Services. Provisions of the Transfer, Payment and Bill Payment Terms and Conditions indicating that we are liable for failure to make payments or transfers on time or that we are liable for failure to cancel or discontinue payments or transfers are applicable only to transfers from "consumer accounts" as defined in applicable regulations.
You are responsible for all acts and omissions of your officers, directors, partners, employees, agents, representatives and contractors, including your Administrators and Users (collectively, your "Personnel"). We are entitled, without further inquiry or investigation, to assume that the actions of your Personnel are appropriate and authorized by you. You are strongly advised to establish and maintain policies and procedures and accounting and auditing controls that will prevent (or at least allow the early detection of) fraud or other unauthorized activity by your Personnel. As between you and us, you agree to accept sole responsibility for losses attributable to the acts or omissions of your Personnel.
There is no charge for Internal Transfers you make using the "Transfer Funds Between Accounts" feature.
Standard fees apply for BillPay, Payroll and Invoicing and may be charged to your account. Fees currently in effect are set forth here . Please note that if a free trial period applies to any of the foregoing, it only applies during the period following your first enrollment. If you enroll for an additional service at a later date, no additional free trial period will apply. Please note that for Services subject to monthly fees, those fees apply as long as you are enrolled in the relevant Service, and regardless of whether you initiate transactions, deposits or invoices. Unused no-charge transactions, deposits and invoices cannot be carried forward.
Other fees previously disclosed in connection with your deposit account(s) continue to apply. Additional fees for certain services (for example, expedited payments) may be disclosed on the website. We may charge those fees to your account if you use those services.
All fees are subject to change from time to time.
LIMITATION OF LIABILITY
We are obligated under the UCC to re-credit your deposit account(s) for the amount of any items charged thereto which were not properly payable. We may also have other liability to you imposed by statute which cannot be waived. Except for the liability referenced in the preceding two sentences, our liability for any loss or damage for any cause whatsoever shall be limited to liability for direct damages caused by our material breach of this Agreement. Our cumulative aggregate liability shall not under any circumstances exceed the total fees paid to us for the Services involved in the breach for the six months preceding the breach. IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER WE WERE INFORMED OF THEIR POSSIBILITY. Neither the FAQs nor any Service descriptions contained in marketing or other materials provided to you before or after you agree to these Terms and Conditions constitute representations or warranties. SERVICES ARE PROVIDED AS IS AND WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL IN RESPECT OF THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We are not responsible for any failure or delay in performance caused by Act of God, strike, flood, fire, war, public enemy, any electrical, equipment or communications failure, third party act or omission, or any other event beyond our reasonable control. The preceding limitations of liability apply regardless of whether any limited remedy herein fails of its essential purpose. Services are not guaranteed to be free from error or interruption. Your remedies herein are exclusive and in lieu of all other remedies in law or equity.
General Restrictions Concerning Use of Our website
As a condition to the use of our website, you agree not to use our site for any purpose or transaction that is unlawful or prohibited by these terms or any other agreement you have with us. You also agree not to use our website in any manner which could: (1) damage, disable, overburden, or impair our website or anyone else's site; or (2) interfere with any other party's access to or use of our website or anyone else's site. You agree not to obtain or attempt to obtain access to or use of any aspect of our website through any means we do not intentionally make available on the site. You agree not to frame our website or to mirror our website on any other site and agree not to link to any portion of our site other than our home page. Unauthorized use of this website and systems, including but not limited to, unauthorized use of our systems, misuse of passwords, or misuse of any information posted to this website, is strictly prohibited.
Copyright and Trademark Notices
The works of authorship contained at www.fnsouthwest.com, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by us or one of our affiliates. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of our proprietary rights. You may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
Trademarks or service marks referenced on our website are our property or property of their respective owners. You may not copy or display or use the trademarks or service mark (except as strictly necessary for you to view these materials on your own computer), for any commercial or public purpose without our prior written consent.
We retain title, all intellectual and proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all other rights in and to our website, all information, resources, content, tools, services and other features accessible thereon, all our business methods and processes, and all modifications, improvements, enhancements and new functionalities added to any of the foregoing. Except for the access and usage privileges that we specifically grant to you in and subject to these terms, nothing shall be deemed to grant you any right, title, interest or license in or to any of the foregoing. All privileges granted to you are limited, non-exclusive, non-transferable, and revocable.
Notification of Claimed Infringement
This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.
If you believe that any material or content posted on this site constitutes copyright infringement, please forward the following information in writing to the email address listed below (a "Notice"): (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the dispute use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by us, any alleged infringer, or any copyright owner or its authorized agent or licensee.
Notice must be emailed to: FNBOCopyrightOffice@fnni.com
Limitation or Termination of Website Access
We reserve the right to terminate access to our website and any or all services in whole or in part at any time, with or without cause and without prior written notice. We also reserve the right to temporarily suspend access to our website and any or all services in situations we deem appropriate, in our sole and absolute discretion, including, without limitation, when we believe a system security breach has occurred or is being attempted.
This information on this website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. Although we strive for accuracy, some information and resources provided to you using the services may contain technical or other errors, inaccuracies or omissions, typographical errors, and may become outdated. Information on our Website including without limitation, product descriptions, definitions, explanations of uses, frequently asked questions, glossary of terms, and helpful hints are provided for your convenience only. We may change our products, services, terms, conditions and pricing at any time without notice and without first updating our website. Nothing on our website is intended to provide legal, accounting, tax or financial advice; you should consult your own professional advisor on such matters. Tools that you may access through our site (such as loan or investment calculators) are provided for your convenience, but are not guaranteed to be error-free.
Limitation of Liability and Disclaimer
THE INFORMATION CONTAINED IN OR ACCESSED VIA THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". NEITHER WE NOR ANY THIRD PARTY DATA PROVIDER IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. WE AND ALL THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, WE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL WE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
NEITHER WE NOR ANY THIRD PARTY DATA PROVIDERS WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ALL MATERIALS AND INFORMATION. FURTHERMORE, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR AND OUR AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENCIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH ANY ASPECT OF OUR SITE OR THE SERVICES AVAILABLE VIA OUR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS.
You agree that any cause of action arising out of or related to the Website, the Services, or this Agreement must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Claims not raised in accordance with the dispute resolution procedures set forth herein shall be deemed barred.
Links to Other Websites
This Website contains links to other Websites. We are not responsible for the content, accuracy, or opinions expressed in such Websites, and such Websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Website does not imply approval or endorsement of the linked Website by us.
Violations of Terms; Indemnity
We reserve the right to seek all remedies available at law and in equity for violations of these terms, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.
Governing Law; Venue
Unless we otherwise agree in writing, Texas law governs these terms and all aspects of our relationship with you. If any part of these terms is invalid or unenforceable, the remainder will stay in effect. Litigation arising out of or relating to these terms, our website, the Services or any aspect of our relationship with you shall be commenced and maintained solely and exclusively in the state and federal courts sitting in Johnson County, Kansas, United States and you expressly consent to the personal and exclusive jurisdiction of such courts.
Area of Service
The Services are not necessarily available everywhere, and may or may not be available to non-residents or non-citizens of the United States. Accessing our website from outside the United States is not permitted, except for access by our existing customers. Information about products and services is provided for informational purposes only and should not be considered an offer to make those products and services available to you. We have no obligation to provide a product or service until: (i) we have received and approved an application in the form we require; and (ii) you have signed a separate written agreement in the form we require (if any). We may require in-person closings for certain products.
We will not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on our part 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.
In the event that you believe we have failed to comply with this Agreement or that you have a claim arising out of the Services, you agree to give us prompt written notice detailing your concerns and designating a representative with authority to conclusively resolve those concerns on your behalf. We will then promptly appoint a representative to work with your designated representative, and both parties will then cooperate in good faith to promptly resolve your concerns. All such disputes and claims must be submitted within 30 days of the time you were in receipt of the information upon which the dispute or claim is based (such as, but not limited to, information contained on your periodic statements). If payment from a consumer account is involved, all such disputes and claims must be submitted within 60 days of the date you were in receipt of the information upon which the dispute or claim is based.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Notices under this Agreement shall be given as follows:
- To Us: To be valid, notices must be sent by email to email@example.com and by certified mail, return receipt requested, to First National Bank, P.O. Box 1746, Frisco, TX 75034 or to such other address as we may designate from time to time.
- To You: Notices to you may be sent by email or regular mail. We may use any address maintained in your Company Profile on our website or any other address you have provided to us (we may maintain more than one address for you, depending on the products or services that you receive from us).
Notices to you shall be deemed to have been received 24 hours after the email is sent. Notices to us shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.