“NET–BANK”
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This
Agreement and Disclosure as entered into between The First National Bank of
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 and our Fee Schedule.
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.
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.
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.
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 may change your password at any
time. 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 by
phone or mail your User ID and/or reset Password. You agree that you will change your Password
the next time you sign onto the Internet Banking (Net-Bank) product.
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. We 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.
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, email us at: info@fnbwyomingde.com, or write
us at the following address:
The First National
Bank of
Attn: Internet Banking Department
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 or
Netscape 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 or Netscape.
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 that may be used in connection with our Internet Banking
product. You must register with a third
party software vendor in order to download information. Any problems you may experience with
downloading your information to a third party software program must be
addressed to that vendor.
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 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.
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 through the use of 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’re 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 held liable should you choose to save your Internet
Banking password(s) internally. Should
you choose to have your password stored in a program, we will not be held
liable for any unauthorized use. We will
not be held responsible or liable for any losses you incur should you not be
able to logon due to passwords stored thru these programs.
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 held 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 are introducing a new security feature. The new
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 new 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 in our new security feature, you will select
a PassMark and a phrase known only to you. Whenever you login we will show you
this PassMark and phrase, so you can rest assured 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. Typically you will access our Web
site from one or two computers, such as your work and home machines. Either
way, our Web site will remember your computer, preventing potential fraudsters
from logging into your account even if they acquire or guess your Login ID and
password. Should you need to login from a different computer, such as an
Internet café, we will take additional steps to verify your identity, through a
series of Challenge Questions you set-up at the time of enrollment.
Above all, this new security feature provides a
significant increase in your online banking security versus User ID and
password authentication without much change in your experience.
If
we recognize the computer you are using, your PassMark™ and phrase will be
presented to you on the next page. Once you confirm your PassMark™ and phrase,
you'll know 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:
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 by you when you
enroll in the new security feature. If you answer the Challenge Questions
correctly, you're identity will be confirmed and you can proceed with login.
You can also let us know to recognize your computer for future login.
Hours of Internet Banking Availability
Our Internet
Banking (Net-Bank) product is available 24 hours a day, 7 days a week. However, the daily processing times listed
below will apply:
Funds Transfers – 3:00 p.m.
Eastern Time (ET)
Bill Payments
– 3:00 p.m. ET*
Stop Payments –
4:00 p.m. ET*
*
*Stop
Payments must be submitted to us by 4:00 p.m. ET.
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,
will be acted upon or posted the next business day.
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 will be
done only 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, other options are available to initiate
transactions such as writing a check, using UltraPhone or calling the bank
direct.
You may
access your account information by using a specific Internet User ID and
Password. At the present time 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
·
Set up recurring transfers between
deposit accounts and/or loans
·
Choose to receive high or low balance
alerts by email
·
View check image
·
Purchase Bonds
·
Submit Change of Address
·
Initiate bill payments to any merchant
or vendor you choose in the
·
Set up recurring bill payments for same
dollar amounts
·
Cancel your bill payment before end of
day processing.
There are two
parts to our Internet Banking (Net-Bank) product:
·
Basic Internet Banking – Inquiries,
Transfer Funds, etc.
·
Internet Banking with
If you choose
Internet Banking with
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 both in 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 deliver said disclosure either by mail or post it on this web
site.
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.
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. Transactions after 3:00 p.m.
Eastern Time may be memo posted in
the Account Detail screen for deposit accounts.
Pending or future transactions for transfers are in Transfer History and
Bill Payments are in Bill Payment History.
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 cancelled 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.
Bonds are
available to purchase from the website and are sent to the Bureau of Public
Debt for issuance. We offer I Bonds and EE Bonds thru our web site. Bonds are ordered according to the
information the customer has inserted.
It is up to the customer to choose the correct bond type. If all information is not inserted the bond
will not process.
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” or a 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 and
paid on a regular basis such as a mortgage or car loan payment, or 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 up in advance by inserting the future date you wish your
payment to be made or setting the bill as recurring. It is important that you print the bill
payment transaction number provided, for future reference. We suggest you initiate each bill payment
separately to have separate tracking receipts.
Each recurring bill payment will also have a receipt for you to print.
Any changes
to recurring or future transactions will affect any occurrences of the
transactions that have not been processed.
Only changes to future transactions will be processed.
*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 provided that day is a business day. If we receive your payment instruction(s)
after the end of our business day, or if the date of your request is not a business
day, we will process your bill payments(s) on our next 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) to be made and overdraw your account. If this is the case, you are responsible for
all non-sufficient funds (“NSF”) and overdraft charges that may apply.
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.
When you
initiate a bill payment through our bill payment service, we will process your
payment one of two ways. We may send
your payment(s) 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
use 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. ET.
will be processed the next business day.
You must have sufficient funds in your bill pay 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
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
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.
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 checking the posting of each bill payment and
/or transfer. 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, payee nickname and
your correct account. 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.
You can lose
no more than $50.00 if someone used your access code without your permission
provided you notify the bank within two (2) business days of discovering any
unauthorized use of your Internet Banking access code.
However, you can lose as much as $500.00 if
you do not notify the bank within two (2) business days of discovering the
unauthorized use and the bank can prove we could have prevented the loss had we
been notified.
You have
sixty (60) days from the date we mail your statements to you to report any
unauthorized transactions that appear on said statements.
If you do not
report these transactions to us, you risk unlimited losses on those
transactions made after the sixty (60) day period has passed, provided we
demonstrate that we could have prevented the unauthorized use had we been notified
within sixty (60) days.
In the event
that your User Id and Password is compromised 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 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. However, there are
some exceptions. We will NOT be liable for instance –
·
If, through no fault of ours, you do
not have enough money in your account to make the transfer or bill payment, or
if the account has been closed by you or us, or the account has been frozen, or
if we cancel a payment or transfer because of insufficient funds.
·
If the transfer or bill payment exceeds
the available funds in your overdraft protection account.
·
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 bill pay transaction.
·
If you do not allow enough time for
your bill payment to be made whether it’s made by electronic means or by mail.
·
If you do not follow our online
instructions for making a transfer or bill payment or other transaction.
·
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) 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
being processed. There may be other
exceptions as established by us.
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 your written permission.
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.
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.
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.
(See Section
on Regulation E)
The
Electronic Fund Transfer Act (Reg. E), states that you have certain stop
payment rights and obligations as they relate to “Preauthorized Electronic Fund
Transfers”. These transfers are
authorized in advance and scheduled to recur on a regular 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.
Our
Internet Banking (Net-Bank) product will allow you to cancel (stop) a payment
at the “Bill Payment, View Posting” screen.
Payments listed under “Posted Payments” cannot be stopped or changed.
You can only cancel (stop) those payments that have not posted yet- “Future
Payments”.
Stops,
edits or deletions to bill payment recurring transactions will affect any
occurrence of the transactions that have not been 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 the transactions that have not been processed.
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. You must report
any unauthorized electronic fund transfer to us within 60 days from the date we
mailed your statement.
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. We are required to
attempt to communicate with you only at the most recent mailing address
provided to us. 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.
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.
The bank may
assign our rights and responsibilities to any other party we may choose. This
agreement may not be assigned by the customer.
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 and 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.
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
The headings
of the paragraphs of this agreement are for convenience and reference. They shall not affect its construction or
interpretation.
The First
National Bank of
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-judgement 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
REGULATION
E (REG. E) DISCLOSURE
AS
IT RELATES TO INTERNET BANKING SERVICES
AND
CONSUMER
TRANSACTIONS
The following
represents our Reg. E Disclosure relating to The First National Bank of
If you have
arranged in advance to make regular electronic fund transfers out of your
account(s) for money you owe others, you may stop payment of these
preauthorized transfers from your account.
You must notify us orally or in writing at any time up to three (3)
business days before the scheduled date of the transfer. We may require written confirmation of the
stop payment order to be made within fourteen (14) days of any oral
notification. If we do require the
written confirmation, the oral stop payment order shall cease to be binding
fourteen (14) days after it has been made.
We will charge a fee of $20.00 for each stop payment order you request
be made.
If these
regular payments vary in amount, the person you are going to pay is required to
tell you ten (10) days before each payment when it will be made and how much it
will be. You may choose instead to get
this notice only when the payment would differ by more than a certain amount from
the previous payment or when the account would fall outside certain limits that
you set.
If you order
us to stop one of these payments three (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.