THE FIRST NATIONAL BANK OF WYOMING
INTERNET BANKING AGREEMENT AND DISCLOSURE FOR BUSINESS CUSTOMERS
“NET–BANK”


This Agreement and Disclosure as entered into between The First National Bank of Wyoming (The Bank) and you the customer of the bank set forth our rights and responsibilities as well as your rights and responsibilities as they relate to our Internet Banking (Net-Bank) product. 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 Bank.

You should carefully read this agreement in its entirety, the Bank’s Security and Privacy Statement and the Bank’s Fee Schedule as they exist and may be amended from time to time. If you choose to use our Internet Banking (Net-Bank) product or permit anyone else to use this product on your behalf, you agree to be legally bound by the terms and conditions as set forth in this agreement, the Bank’s Deposit Account Agreement and Disclosure, our Fee Schedule, and the ACH Origination Agreement.

Other Accounts and Services Including Loan Agreements

The terms and conditions of this agreement are in addition to any other agreement you have with the Bank, including loan and credit agreements, any other services you have agreed to use or choose to use, any signature card you have signed and any change in terms notices that are in effect or may be in effect in the future.

Multiple Account Relationships with Us

If you have more than one account relationship with us, you may “LINK” these relationships together as we permit. Any account that is “LINKED” under our Internet Banking (Net-Bank) product must have common owners and signers. You and any person you authorize to access your accounts through our Internet Banking (Net-Bank) product must utilize a User ID and Password separate from each other.

If as an account holder you have a joint account with us (business or personal), you are jointly and severally liable under this agreement. Each of you has the ability to access your accounts with us using a separate Password and may perform transactions such as funds transfers, bill payments, obtain information, or even terminate this agreement.

Be advised, we are not required to obtain the consent of, or notify the other one of you about the actions of the other. Both of you release us from any liability for honoring and allowing any transactions or actions initiated by either one of you. Each of you indemnifies and holds us harmless from any and all liability resulting from transactions either one of you initiate.

User ID and Password

The User ID and Password issued to you is for your security. Your User ID and Password are confidential and should not be disclosed to anyone. The first time you enter the Internet Banking (Net-Bank) product, you will be prompted to change your bank issued Password immediately. Passwords should be carefully selected.

We suggest that you stay away from names, dates, and information that may be easily guessed. You agree not to disclose or otherwise make your Password and User ID available to anyone not authorized to access your accounts using the Internet Banking (Net-Bank) product. By doing so, anyone to whom you have disclosed this information to, will have full access to your accounts as stated in your agreement with us. If you forget your Password and/or your User ID, you may contact the Bank by phone or in person. Upon verification, we will provide to you your User ID and issue you a new Password. You agree that you will change your Password the next time you sign onto the Internet Banking (Net-Bank) product.   Passwords must be alpha numeric, with at least one upper case and at least one lower case alpha, at least one numeric, and a special character symbol.  Passwords expire every 60 days, and the customer is required to change the password when prompted.

We may generate a temporary password and send it to the email address you have supplied. It is very important to keep the Bank informed of any email changes. Accounts that have returned email will be marked for email verification. Upon the next customer log on, the email address must be verified and corrected.

In the event the customer cannot remember the correct password, they may request a temporary password from the web site by clicking on the Forgot Password link listed on the password page. Only current active customers may access the link. Accounts locked for security and inactive accounts may not have that option.

Email and Email Notification

Customers are required to keep their email address updated on the web site. Notification of alerts, canceled bill payments, insufficient funds, password resets, etc. are sent to the email address supplied by the customer. Failure to keep the email address updated may result in cancelation of current features available to the logon Id. The Bank will not be responsible for any unsent transactions due to failure to receive notifications.

Customers may contact the bank from the web site by using the Contact Us email link. A response may be sent to the customer using the return address from the email. If the customer has not updated or corrected their email address with the Bank, we can not reply to their request or question.

Special Notice to Business Customers

Business customers who sign up for and use our Internet Banking (Net-Bank) product to transfer funds and pay bills must remember that should you change signers on your account or have employee turnover, it is your responsibility to change your Password immediately. Supervisors you choose to assign will have full authorizing rights over all aspects of the web site. Secondary User(s) you authorize to enroll will have User rights assigned to them by the Supervisor you have given these rights. This bank will not be held liable for your losses should you fail to properly protect your assets due to negligence in securing your User ID and Password, and that of other Users you have assigned.

If you believe that your Password has been compromised or an unauthorized transaction has been made from your account, you must contact the bank immediately by phone at 302-697-2666, or 866-730-2244, or write us at the following address:

 

The First National Bank of Wyoming
Attn: Internet Banking Department
PO Box 279
Wyoming, De 19934

Computer Requirements

In order to use the Banks Internet Banking (Net-Bank) product, you will need computer equipment and software that is current and up to date. The browsers that are compatible with our Internet Banking (Net-Bank) product are Internet Explorer 4.0 or higher. You will also need to have 128-bit encryption. We recommend that you upgrade to the latest browser and encryption version of Internet Explorer. You will also need access to the Internet by an Internet Service Provider (ISP) of your choice. You are responsible for the installation and maintenance of your computer equipment and any software thereof. The Bank is not responsible for any errors, failure or non-performance of your computer equipment and/or software, nor is the Bank responsible for any errors, failure or non-performance of your chosen ISP. The bank shall have no liability to you for any damages or other loss, direct or consequential, which you may suffer or incur by the installation and use of your computer equipment and software.

We make no warranty to you regarding your computer or software. Any links you choose to use from our site are at your discretion. If you choose to download any information from these sites, you agree to indemnify and hold harmless the bank from any problems you may encounter from doing so. The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software such as MS. Money that may be used in connection with our Internet Banking product. You must first register with your third party software vendor in order to download into any program. Any problems you may experience with downloading your information into these programs must be addressed to the software vendor.

Virus Protection

The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes, cd, or USB Fobs using a reliable virus protection product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

Security

The Bank has always and continues to be committed to the security of our customers’ account information and accounts. However, you must take every precaution possible to ensure the safety, security, and integrity of your account information and transactions initiated by using our Internet Banking (Net-Bank) product.

As stated previously, do not disclose your Password to anyone including the Bank or any of our employees. This includes by phone or with e-mail.

Do not leave your User ID, Password or account information in a visible state, this includes on your computer screen. Do not leave your computer unattended while you are connected to our Internet Banking (Net-Bank) product. If we detect no activity for 15 minutes, we will end your online session. This is to protect you in case you accidentally leave your computer unattended while you are logged on. When you return to your computer, simply re-enter your user ID and Password and continue your session.

We do not recommend you save passwords on your computer. We will not be liable if you choose to save your Internet Banking password(s) internally. Should you choose to have your password saved, we will not be liable for any unauthorized use. We will not be responsible or liable for any losses you incur should you not be able to logon due to passwords stored in your pc.

After 60 days of inactivity, the security feature will lock the Log On Id from access to the web site. The User must call or email the bank to be access the account again.

It is your responsibility to observe these guidelines and use prudent security procedures when using our Internet Banking (Net-Bank) product. It is important for you to understand that you may be liable for the use of your User ID and Password. (See section on Notice of Customer Liability)

PassMark Security

To protect the privacy and the security of your personal information, we have implemented the PassMark Security feature. The security feature uses an image called a PassMark™, and a phrase, which helps you to identify that you are at our Web site, not a fraudulent look-alike site. Additionally, the security feature provides you added safety by helping us to identify you and to prevent unauthorized access to your accounts.

Your PassMark and phrase enable you to identify us over the Internet. When you enroll, you will select a PassMark and a phrase known only to you. Whenever you log on we will show you this PassMark and phrase, assuring that you are accessing our real Web site and not an impostor site.

We can identify you by checking the computer(s) that you are using to access our Web site. Our Web site will remember your computer, preventing potential fraudsters from logging into your account. Should you need to login from a different computer than you normally use, we will take additional steps to verify your identity, through a series of Challenge Questions you set-up at the time of enrollment. Cash Management user may not have remote access due to security reasons.

If we recognize the computer you are using, your PassMark™ and phrase will be presented to you on the next web page. Once you confirm your PassMark™ and phrase, you can safely enter your Password. If you don't recognize your PassMark™ and phrase, don't enter your Password.

We are providing an enhanced security feature that helps protect you while you access your accounts online. On the Internet today, fraudsters attempt to steal your identity by impersonating the Web sites you trust. We are committed to proactively protecting you, our customer, against such attacks. This new security feature helps us do this

We will confirm your identity by two authentication “factors.” These factors include:

  • Something You Know (your Login ID and Password)
  • Something You Have (your computer)

We use your computer as the second-factor (something you have). If we cannot confirm your identity or we do not recognize your computer, we will ask you a Challenge Question to which only you know the answer. These Challenge Questions are selected and answered when you enroll in the security feature.

If you answer the Challenge Questions correctly, your identity is confirmed and you can proceed with login.

Out of Band Authentication

To an effort to further protect Cash Management service users against unauthorized, fraudulent file processing, Out of Band Authentication (OOBA) and verification of files sent to the Bank, are required.   Cash Management users must send an email verifying payroll, payments and receipt totals to the eBanking staff.  Upon file and email receipt, an email response from eBanking staff will be sent to the commercial account user or their designate.  Upon notification,  unauthorized files will be deleted from processing.  If unauthorized transactions are sent and received at the Bank due to fraud, key logging or other hacker exploits, upon notification to the commercial account holder, the access credentials will be deleted.  Access will be denied until written receipt from a service provider details the commercial account user's pc has been deemed clean and free of spyware, malware or other programs that may have been inserted on the pc thru hacking attempt.

Customer Education

Featured education is listed on the home page of the web site, in an effort to keep customer's aware of current fraudulent tactics. 

Hours of Internet Banking Availability

Our Internet Banking (Net-Bank) product is available 24 hours a day, 7 days a week. However, the cutoff times listed below will apply:

 

Funds Transfers – 800 p.m... Eastern Time (ET)
Bill Payments – 3:00 p.m... ET*
Stop Payments – 4:00 p.m.... ET
Payroll/ACH – 2.00 p.m.... ET
ACH Sent Files – 2:00 p.m.... ET
Wire Funds Transfer – 2:00 p.m.... ET

 

*Bill payments may require additional time. Please read the section in this disclosure regarding Internet Banking with Bill Pay.

*Stop Payments must be submitted to us by 4:00 p.m.... ET, and a stop payment fee accessed.

Our Business days are Monday through Friday. Holidays are not included. Any transactions initiated after the hours indicated above or on Saturday, Sunday or a holiday, are sent or posted the next business day.

Changes and/or Interruptions in Service

On a regular basis, we may perform maintenance on our equipment or system, which may result in interrupted service or errors. We may also change the delivery of our services over our Internet Banking (Net-Bank) product from time to time. This is to improve or otherwise update our products and system for our customer’s use.

We will attempt to provide prior notice of any known interruptions and/or changes but cannot guarantee that such notice will be provided. In the event our system is down, remember you have other options available to initiate transactions such as writing a check, using Ultra Phone or calling the bank direct.

Enrollment

In order to enroll in our Internet Banking (Net-Bank) product, you must have at least one deposit account with the bank.

Internet Banking Features and Services

There are three parts to our Business Internet Banking (Net-Bank) product:

  • Basic Internet Banking – Inquiries, Transfer Funds, etc.
  • Internet Banking with Bill Pay
  • Cash Management
    1. Payroll
    2. Authorize
    3. Send a File
    4. ACH Payments
    5. Currency Orders
    6. Wire Transfers

If you choose Internet Banking with Bill Pay or Cash Management, you must have and designate a checking account as your debiting account. You may not pay bills from any savings or money market account, as these are not transaction accounts.

All transactions initiated through our Internet Banking (Net-Bank) product will receive a transaction number. It is important to print this number when completing your transactions, as it will be used should questions arise regarding a specific transaction.

From time to time the bank may introduce new services to our Internet Banking (Net-Bank) product. We will notify you when these services become available.

If you choose to use any new service we may offer, you agree to be bound by the rules governing the new service in both this disclosure and our Deposit Account Agreement and Disclosure or any related agreement you have with us. If a disclosure is required to be given to you, we will either deliver said disclosure by mail or post it on this web site.

You may access your account information by using a specific Internet User ID and Password. You may use the system to:

  • Perform account inquiries on checking, savings, certificates of deposit, and loan accounts
  • Obtain statement transaction detail on your accounts (where applicable)
  • Transfer funds between your deposit accounts and/or loan accounts
  • Initiate instructions for placing a stop payment on your checking account
  • Submit a check re-order request
  • Send e-mail messages to the bank
  • Establish recurring transfers between deposit accounts and/or loans
  • Choose to receive high or low balance alerts by email
  • View check images
  • Submit Change of Address

Bill Payment:

  • Initiate bill payments to any merchant or vendor you choose in the United States
  • Set up recurring bill payments

 

Cash Management:

  • ACH ORIGINATION
    Payroll Services
    Authorize
    Send a File
    ACH Payments and Receipts
  • Order Currency
  • Wire Transfer Requests

 

No Signature Requirement

When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account without requiring your signature on the item and without any notice to you.

Email and Email Notification

Business customers must provide First National Bank of Wyoming with current email addresses at all times. Communications from the bank and web site acknowledgements may be transmitted to the current email address for confirmation of any types of received files. Responses and confirmation will be sent to the email address you have provided. The Bank will not be held liable if communications to the email address provided is rejected.
Business customers shall be solely responsible for the development and implementation of all procedures to control access to their computer systems and to protect any data files stored therein.

Business customers shall be solely responsible for the security systems and devices to protect the security of data files maintained on computers used to access the services as well as the protection against unauthorized access to business computers, and or networks used to access the service.

Notification of alerts, canceled bill payments, insufficient funds, password resets and correspondence, are sent to the email address supplied by the customer. Failure to keep the email address updated may result in cancelation of current features available to the logon Id. The Bank will not be responsible for any unsent transactions due to failure to receive notifications.

A response may be sent to the customer using the return address from the email. If the customer has not updated or corrected their email address with the Bank, we can not reply to their request or question, nor be held accountable for untimely received responses.

Cash Management

ACH Origination

ACH originators must have an ACH Origination Agreement on file with us, and bound by that agreement. Services under the cash management program may not be available to all businesses. You may not change the ACH company name. Changes to the ACH company name will cause all files generated by the company to reject during processing. We will not be held liable if you or your designate make changes to the ACH company name.

Communications from the bank, and web site acknowledgements may/will be transmitted to the current email address for confirmation of received files, payrolls, receipts, wire transfers or currency orders.

Payroll Services, Authorize, Send Files, ACH Payments and Receipts

Payroll Services allow you to pay one or more persons. Prenotes – a zero dollar record - must be sent before dollar payrolls for new employees added to the payroll. Payrolls must be authorized, (if applicable), and sent to us two business days in advance of the settlement date, and by 2:00 p.m.... on the day of initiation. Weekends and holidays are not business days.

The designated Supervisor may set security levels to authorize personnel within your business to set up payrolls, payroll dollar limits, authorize payrolls to be sent, send payroll files from your payroll software, payments and receipts. All files sent will be deemed authorized after they are received at the bank. Payroll files, payments and receipts can not be canceled after they are received at the bank.

Business customers will be solely responsible for designating its authorized user’s, assigning privileges and disclosing the identity of said users to this institution and all changes thereof in writing. Business customers represent and warrant that its’ authorized user(s) have the appropriate authority to initiate transactions on its behalf through this service.

Business customers authorized this institution and its service providers to act upon, and you agree, bound by, any transactions whether or not authorized or initiated, with the access information provided by and/or to this Bank. Any instructions or other information provided by the business customer or any of its authorized users are deemed authorized by the business customer. First National Bank and its service providers will not be responsible for verifying the identity or authenticity of any person claiming to be an authorized user.

Business customers assume all liability arising from the use or misuse of the service or company accounts by its authorized users. Business customers agree to indemnify and hold harmless the Bank and its service providers for any liability and damages resulting from our acting upon any instructions or information initiated with a user Id and password of an authorized user.

You agree that we may send notice or other communications, including emails to the current address and or email address shown in our records.

You further agree that the financial institution and/or its service providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to require all authorized user to keep User Id’s and passwords secure and confidential.

Security levels prohibit the access of accounts from outside the business environment (herein called “remote access”) without prior consent and knowledge of the financial institution. Business customers indemnify the financial institution and its service providers for the security of data files maintained on their computers thru remote access.

Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the service.

WIRE TRANSFERS

Wire transfers sent thru the website must be received before the 2:00 p.m.... Eastern Time deadline. All wire transfers customers must have a signed Wire Transfer Agreement on file with First National Bank of Wyoming, and abide by that agreement. Only the parties bound to the agreement may send wire transfer requests thru the web site. Wire transfers will be sent according to the instructions provided by the authorized user. It is the responsibility of the authorized user or business to have the correct and full wire instructions. It is the responsibility of the authorized user to provide receiver’s bank routing or ABA number, and when applicable the SWIFT number, correspondent bank information, if applicable, the beneficiary name and account number and address, and any reference to the beneficiary if applicable. It is the responsibility of the originator to ascertain the receiver bank accepts Wired Funds Transfers.

You may check the routing or ABA number of the receiver bank for wire acceptance at this web site: http://www.fedwiredirectory.frb.org/search.cfm. Wire transfers cannot be stopped or recalled.

Funds will not be wired if insufficient funds, holds or other postings to the account that may affect the available funds. All Wire transfers must have “collected funds” before acceptance. All Wire transfers must pass the OFAC check for sanctioned parties. Wire instructions received after the 2:00 p.m.... Eastern Time deadline will be sent the next business day.

Log On Id’s for wire transfer customers may be issued according to the Wire Agreement and the Wire Policy.

Customers may contact the bank from the web site by using the Contact Us email link.

Internet Banking with Bill Pay

Our Internet Banking with Bill Pay permits you to authorize and initiate payments electronically from your checking account to any merchant or vendor you choose (“payee”) in the United States. In order to use this service, you must designate a checking account as your Primary bill pay account (“payment account”).

You may not designate an account specified as “Two Signatures Required”, savings, or Money Market Savings account as your primary bill pay account.

Our bill pay option allows you to pay both recurring payments, which are fixed amounts, such as a car payment, and variable payments such as a telephone or electric bill, which you would pay individually. Once you establish your payments on our system, we will transmit your transactions based on your instructions to the payees indicated. With the exception of recurring bill payments, you must execute each non-recurring bill payment. A bill payment may be set in advance by inserting the future date you wish your payment sent, or setting the bill as recurring.

Any change to recurring or future transactions will affect occurrences of the transaction that have not processed. Only changes to future transaction will process.

*It is your responsibility to leave sufficient time for the payee to credit your account when making any bill payment transaction. You must check the status of every bill payment you elect to send by checking the Pay Bills – View Postings.

When you initiate a bill payment through our system, we will process your payment on the same business day after your Internet session, provided we receive your instructions before 3:00 p.m.... Eastern Time, Monday through Friday. If you schedule a bill payment for a future date, or as a recurring transaction, we will process your payment(s) on the date you have scheduled your payment to be sent, provided that day is a business day.

We will deduct the amount of your bill payment(s) from your primary bill payment account on the date we process your transaction. If the date you schedule a payment falls on a weekend or non-business day, we will deduct the amount of your bill payment(s) from your primary bill pay account on our next business day.

We have the right to cancel transactions if sufficient funds are not available in your account or if applicable funds are not available in your overdraft protection account. However, we may, at our discretion, allow your bill payment(s) and overdraw your account. If this is the case, you are responsible for all non-sufficient funds (“NSF”) and overdraft charges that may apply.

When you initiate a bill payment through our bill payment service, we will process your payment one of two ways. Through an electronic transmission to the payee or we may send your payments(s) by a bank check mailed to the payee. If we send your payment(s) by check, we will us the U.S... Mail service to do so.

To ensure your payments are received by the intended payee on time, you must allow sufficient time for the payee to credit your account properly. You must schedule your payment(s) in advance of the due date. You may schedule your payment(s) 7-10 business days in advance of the payment due date. Normal processing and payments usually occur within 5-7 business days. Saturday, Sunday and Holidays are not business days.

Transactions after 3:00 p.m.... Eastern Time or after processing times related to each part will be processed the next business day. You must have sufficient funds in your designated account on the day you initiate or schedule the payment order. You are responsible for any late payment fees, costs or finance charges that may be levied against you. We will not be liable for any fees, charges or other actions imposed by a payee resulting from a late payment

Internet Banking and Transfers

Our Internet Banking offers two types of transfers:

  • Regular transfers between accounts
  • Recurring or future dated transfers

Recurring transfers are ongoing transfers you set up in advance to recur at regular intervals.

The duration is how long you wish the recurring transfer to take place, for example the length of time to pay off a loan. It is your responsibility to check the posting of recurring transfers.

Recurring transfer(s) you establish from savings or money market accounts are governed by Federal regulations that limit the number of transfers made during a given monthly statement period.

Any changes to recurring transactions will affect any occurrences to transactions that have not been processed. Only future transactions can be changed or edited.

Limitations on Frequency and Amount

Federal regulations state that your ability to transfer funds between certain accounts is limited. You may not make more than six (6) transfers from a savings or money market savings account during a given monthly statement period. In the case of a money market savings account, no more than three (3) of such transfers may be made by check. Recurring transfers are included in these.

There are no limits on the number or dollar amount of transfers or payments you make from your checking account. Balances shown online are real time until 3:00 p.m.... Eastern Time.

Bill payment transactions may not be debited from the account(s) until end of day processing. We have the right to cancel transactions if sufficient funds are not available in your account. However, we may, at our discretion, make the transfer and overdraw your account. If this is the case, you are responsible for all non-sufficient funds (“NSF”) and overdraft charges that may apply.

Transactions that we may cancel will post as canceled by admin.

If an Internet Banking transaction and another electronic funds transfer occur on your account on the same day whereby funds are not available for both transactions to occur, the electronic funds transfer will have priority and the Internet Banking transaction will be refused or may result in an overdraft on your account.

Customer’s Responsibilities Relating to Transfers and Bill Payments

You are responsible for any and all transfers and bill payments you initiate and authorize while using our Internet Banking (Net-Bank) product whether you make them unintentionally or inadvertently. You are responsible for any losses, penalties or charges assessed to you. You are also responsible for any transactions initiated by persons you authorize to use our Internet Banking (Net-Bank) product. Again, this includes any losses, penalties, or charges assessed to you.

You are responsible for providing us with the proper payee information when adding a payee to our bill pay system. This includes the correct address, telephone number, payee name and your correct account or invoice number. If any of your payee information should change after you have added a payee, it is your responsibility to update your payment records accordingly on the bill pay system. If you fail to update your information, we are not responsible for any erroneous transactions. Should your payment be returned, a stop payment fee will be place against your account and the payment will be credited to your account. You will be responsible to process the payment. You must contact the payee to resolve the matter and to correct erroneous transactions.

Notice of Customer Liability

In order to limit your liability, you should contact the bank immediately by phone if, you believe your access code has been used without your permission. Telephoning us is the quickest way to reduce your losses. In the event that your User Id and Password is comprised or stolen, you will be held liable for any losses incurred, should you fail to assist us in identifying the perpetrator(s) of the unauthorized access to your accounts.

We will not reimburse any funds to you until an affidavit of theft is filed and this Bank receives a copy of the police report stating charges are filed against the perpetrator(s). Furthermore, should you drop any charges pertaining to said theft, funds will be recovered from your account(s) and restitution made back to this Bank.

If you or your Authorized users disclose your access code(s) to anyone, and/or if you allow someone to use your access code(s) to access your accounts, you are authorizing them to act on your behalf. You will be responsible for any use of the Service by them (e.g..., such as when you provide this information to a joint account holder, an employee, and/or an aggregation service provider).Immediately notify us if you or your Authorized Users believe your pass codes may have become known to an unauthorized person.

If we suspect codes are used in an unauthorized or fraudulent manner and are unable to contact you, we may disable User Id’s and or passwords of Authorized Users to protect your account(s).

Our Liability for Failure to Make Transfers, Bill Payments, Payrolls or Wire Transfers

If we do not complete a transfer or bill pay 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 up to the actual amount of the transaction. 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 transactions, or if the account has been closed by you or us, or the account has been frozen, or if we cancel a transaction because of insufficient funds.
  • If you have not given us proper instructions such as account numbers or other identifying information so that we can properly credit your account or complete the transaction.
  • If you do not allow enough time for your transaction to be made whether it’s made by electronic means or by mail.
  • If you do not follow our online instructions for making transactions.
  • If we make a bill payment that is on time, however the merchant to which it is sent to does not credit your account promptly after receipt. You must notify us if you receive notice from a merchant that your account remains unpaid.
  • If your accounts become involved in any legal proceedings whereby withdrawal of funds may be prohibited.
  • If your computer, Internet connection, Internet Service Provider (ISP), email or your software was not properly working and you knew about the problem when you started your on-line session.
  • If circumstances beyond our control, such as, fire, flood, telecommunication outages prevent the transactions from processing. There may be other exceptions as established by us.

Disclosure of Account Information

We will disclose information to third parties about your account or the transfers or bill payments you make –

  • To complete the transfer or bill payment as necessary.
  • To verify the existence of sufficient funds to cover specific transactions upon request of a third party such as a credit bureau or merchant.
  • To comply with government agencies or court orders.
  • If you give written permission.
Neither the Bank nor its Service Providers will contact you via telephone or email requesting personal information, your Access ID, or your Passcode. If you are contacted by anyone requesting this information, please contact us immediately.

 

Authorization to Request Information

You agree that the bank has the right to request or obtain information regarding your account(s) from a payee to resolve any payment posting problems that may occur.

Internet Banking Fees

There is no monthly service charge for basic and Bill Pay Internet Banking. Other fees may be associated with your account(s) and will be deducted from your primary bill pay account.

Cash Management users may be pay a fee to be determined by the frequency and levels of access by the company.

If you exceed the number of transactions allowed on your Money Market savings or savings account, we may impose a fee for each item that exceeds the limit set by law.

We may also charge you if you inquire about a transaction that requires research, stop payment requests and check orders. All fees associated with your account(s) are described in our fee schedule and may be amended from time to time.

Your Right to Stop Payments

You have certain stop-payment rights and obligations for Preauthorized Electronic Fund Transfers. These transfers are authorized in advance and are scheduled to recur on a periodic basis. You may stop payment on any Preauthorized Electronic Fund Transfer by calling or writing us at the address or phone number listed on this site, at least 3 business days before the payment is scheduled to be made. If you telephone us, we may ask that you send us your request in writing within 14 days after you call. We will charge you our normal stop payment service charge as listed in our fee schedule for each stop payment order you give, currently $20.00 per item.

You may cancel (stop) a payment at the “Bill Payment, View Posting” screen until 3:00 end of day processing. Payments that have posted cannot be stopped or changed. You may change or cancel (stop) those payments that have not posted in “Future Payments”.

Stops, edits or deletions to bill payment recurring transactions will affect any occurrence of the transactions that have not processed. You may also delete, edit or stop any recurring transfers you may have established on this site. Any changes to recurring transfers will affect any occurrence of future transactions.

Cash management transactions can not be stopped after processing times. Controls within the systems let you cancel transactions until files are picked up for proceeding. It is the business customer’s responsibility and liability to ensure controls are in place within the business to ensure the information sent to the financial institution is valid and correct.

Business customers assume the liability for all transactions processed in the cash management program.

Account Statements, Notices and Communications

All transactions including Internet Banking transactions will be posted on your Account Statement. You are responsible for promptly examining your statement each statement period and reporting any irregularities to us.

All notices, required to be sent, to you will be effective when we mail them to the most recent address you have provided to us. We may attempt to communicate with you through e-mail. If we do this, we will send our e-mail message to the last known e-mail address you provided to us.

Notices sent by you to us will be effective when we receive them at the mailing address in this agreement.

It is your responsibility to notify us of any change in your mailing address, e-mail address or name. However, notice must be given in paper form or by telephone so that we may verify its authenticity.

E-mail requests that require changes to your account will not be acted upon. We are required to attempt to communicate with you only at the most recent mailing address provided to us.

Notice of Amendments

You agree that the terms and conditions of this agreement including without limitation, all fees and charges, additions or deletions of services provided at this site may be amended by us from time to time. We will notify you of amendments as required by applicable law. Your continued use of the Internet Banking Product evidences your agreement to any amendment.

Assignment

The bank may assign our rights and responsibilities to any other party we may choose. The customer may not assign this agreement.

The Service will allow Business Customers to establish individual, and privileges for each Authorized User. Internet transaction history is maintained for each Access ID.

Business Customer(s) will be solely responsible for designating its Authorized Users, assigning privileges, and disclosing the identity of said users to the bank and all changes thereof in writing.

Termination

We reserve the right to terminate your use of our Internet Banking (Net-Bank) product or this agreement whether in whole or in part, at any time without prior notice. You may terminate this agreement and your Internet Banking access at any time provided you give written notice.

Should you choose to terminate your Internet Banking access, you authorize the bank to complete previously authorized transfers, any ACH origination and/or bill payments. 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.

Office of Foreign Assets Control (OFAC)

As a First National Bank of Wyoming Internet Banking Service customer using the Bill Payment and/or ACH feature(s) of Online banking, you are considered an “originator” of an ACH transaction and you are subject to applicable U.S... law when initiating these transactions. This includes, among other things, that as an Originator you will not act on behalf of, or transmit funds to or from, any party subject to sanctions. (A complete list of parties subject to the OFAC sanctions can be found at www.ustreas.gov/OFAC.

Governing Law

Our Internet Banking (Net-Bank) product and this Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of Delaware in which we are located. In addition, we are subject to certain federal and state regulations, NACHA rules and local clearing-house rules governing the subject matter of this agreement.

You understand that we must comply with these laws, regulations and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation or rule, the terms of this Agreement will prevail to the extent, any such law, regulation or rule may be modified by agreement.

Headings

The headings of the paragraphs of this agreement are for convenience and reference. They shall not affect its construction or interpretation.

Ownership of Website

The content, information and any offer(s) on our Website, is copy righted by The First National Bank of Wyoming. The unauthorized use, reproduction, linking or distribution of any portions is strictly prohibited.

Enforcement

In the event either party brings legal action to enforce this agreement or collect fees or overdrawn funds on accounts accessed under this agreement, the prevailing party shall be entitled to payment by the other party of its reasonable attorney’s fees and costs’, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions if applicable. Entitlement shall be subject to applicable law. If a lawsuit is filed, you agree that it may be filed and heard in the State of Delaware.

Copyright 2014 The First National Bank of Wyoming All Rights Reserved

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