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1st Bank Sidney - Broadus e-mail: 1stbank@our1stbank.com Phone: 406-433-3212 |
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1st Bank Sidney - Broadus e-mail: 1stbank@our1stbank.com Phone: 406-433-3212 |
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BILL PAY CUSTOMER AGREEMENT This Customer Agreement (Agreement) sets forth the terms and conditions governing the provision of Internet Banking services to you or anyone authorized by you (collectively, you, your, or yours) and describes your and our rights, responsibilities and obligations. By using the Internet Banking service, you agree to the terms and conditions of this Agreement, which are in addition to those that apply to any accounts you have with 1st Bank. Definitions “Account” means a checking, savings, or money market deposit account that you have with us. “Account Agreement” means the agreement between you and us that governs the use of your Account, including the deposit account agreement, any funds availability agreement, electronic funds transfer agreement or disclosure, line of credit agreement, and our schedule of fees and charges. “Bill Payment Account” means the Account you have authorized us to debit for payments made to Merchant(s) in connection with the Internet Banking Service. “Bill Payment Service” means our service that allows you to pay or transfer funds to designated Merchants based upon your instructions to us via a personal computer. “Business Day” means Monday through Friday, 8:00 a.m. to 2:00 p.m. Holidays are not included. “Electronic” means electrical, digital, magnetic, wireless, optical or electromagnetic technology that entails similar capabilities. “Internet Banking Service” means collectively Online Banking and Bill Payment services. “Merchant” means any individual, financial institution, educational institution, company, merchant or other entity you designate and 1st Bank accepts as a payee using Bill Payment Services. “PIN” means the confidential personal identification number or password assigned to you by us or selected by you for identification purposes in connection with the use of our Internet Banking Services. “Transfer” means any electronic banking transaction, including a deposit, withdrawal or bill payment request submitted electronically. Setup and Use of Internet Banking Services Eligibility In order to activate your Internet Banking Services, you must have at least one Account with us, and you must have Internet Access established. Access Internet Banking Services are generally accessible 24 hours a day, seven days a week, except that they may be inaccessible for a reasonable period on a daily basis for system maintenance. We are not liable for failure to provide access due to system failure or other unforeseen acts. We may modify, suspend, or terminate access to the Internet Banking Services at any time and for any reason without notice or refund of fees you’ve paid. Equipment Requirements To use the Internet Banking Services, you need a computer with a modem and a current version web browser (MS Internet Explorer 5.0 or higher). You are responsible for the set-up and maintenance of your computer and modem. We are not responsible for any errors or failures from any malfunction of your computer or any virus or other problems related to the use of the Internet Banking Services. Limitation of Liability Warranties of Fitness and Merchantability NEITHER WE, NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW. Computer-related Warranties Neither we nor any information provider is liable for any computer virus or software-related problems which may be attributable to the services provided in connection with the Internet Banking Services. Bill Payment Service To use the Bill Payment Service, you must complete the Bill Pay enrollment form online. Upon receipt of your enrollment, you will receive an e-mail from us of the enrollment approval. You will then have access to the Bill Pay service using the security codes you chose during the enrollment. The FAQ section will provide instructions for setting up new merchant payees as well as answer many of your questions. Allow 3 business days for new payees to be approved and activated, though some payees may have been previously approved by the Bill Payment Service and are ready for immediate payment. Most other changes, additions or deletions can be made by using the Bill Payment Service. 1st Bank reserves the right to refuse the designation of a Merchant for any reason. You must designate a checking or money market deposit account with us as your Bill Payment Account. However, we recommend against using a money market deposit account for your Bill Payment Account because of the limits on transfers from a money market deposit account, which are discussed below. 1st Bank is not liable for incorrect source account selection by the customer. When you schedule a bill payment using the Bill Payment Service, you authorize us to withdraw the necessary funds from your Bill Payment Account with us. We may refuse to act on your instruction if sufficient funds, including funds available under any applicable overdraft plan, are not available in your Bill Payment Account on the date of payment. You are responsible for any non-sufficient funds (“NSF”) and overdraft charges that may apply.
When you complete the Bill Payment enrollment form, you will be given an opportunity to request a User ID and temporary PIN. 1st Bank will make every effort to accommodate your request. If your request conflicts with a User ID already in use, you will be contacted by Subscriber Services and assigned a different User ID. You are required to change your PIN at your initial Log in to Bill Payment Services. Each time you access the Service, you will be asked to enter your User ID and PIN number. You are responsible for keeping your PIN and Account data confidential. Any person having access to your Bill Payment Service PIN will be able to access the Bill Payment Service and perform all transactions, including setting up and making payments to merchants.
>>>GUARD YOUR PIN---IT IS YOUR MONEY AND YOUR LOSS!<<<
We are entitled to act on transaction instructions received using your PIN, and you agree that the use of your PIN will have the same effect as your signature authorizing the transaction. If you authorized other persons to use your PIN in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization and changed your PIN, and you are responsible for any transactions made by such persons until you notify us that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your PIN. 1st Bank will process variable payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by 1st Bank, which is currently 2:00 p.m. MST. Variable bill request received after the business day cut-off time or at any time on a non-business day will be processed on the next business day. 1st Bank reserves its right to change the cut-off time by giving you notice if it changes. FOR RECURRING PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE OF THE 28TH THROUGHT THE 31ST OF A MONTH, PROCESSING WILL BE INITIATED ON THE LAST CALENDAR DAY OF THE MONTH. Otherwise, recurring payment request will be processed on the dates you have designated, unless such date falls on a non-business day resulting in your payment being processed the next business day.
YOU MUST ALLOW AT LEAST SEVEN (7) BUSINESS DAYS FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE MERCHANT. (IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE RECURRING PAYMENTS) Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfer Disclosure Statement received when you opened your account, which discloses important information concerning your rights and obligations. Any Bill Payment can be changed or canceled, provided you access the Service prior to the 2:00 p.m. MST cut-off time on the date scheduled for payment. Please note that if you do not schedule or process a payment in your 1st Bank Bill Pay account for any six-month period, 1st Bank reserves the right to disconnect your service. Please note that your online bill payment information will be lost if you are disconnected. Transfers & Payments from Savings/Money Market Deposit Accounts Federal regulations currently require us to limit either by contract or in practice the number of certain types of transfers from savings and money market deposit accounts. You are limited to six (6) transfers/withdrawals a month from money market accounts. Of these six transactions, you are limited to no more than three transactions per month by check or point-of-sale to a third party. Each funds transfer or payment through Internet Banking Services from your savings or money market deposit account is counted as one of the limited transfers you are permitted each month. We recommend that you not use a money market deposit account as your Bill Payment Account because of these restrictions. FEES. Additional Charges for Customer Requested Services and Other Items relating to Bill Payment Services These charges will only be assessed if you request one or more of the services listed here. Written Correspondence to Merchant ……………………………….$10.00 Per proof of Payment not Necessitated by a dispute…………………$10.00 Per payment canceled after cut-off time and prior to disbursement …$ 7.50 Payments returned due to a customer error ….……………………….$ 5.00 1st Bank reserves the right to charge you for research time involving bill payments no longer available in your screen history. You will be informed of any such charges before they are incurred. Bill Payment Service fees will be deducted monthly from the Account that you designate as your Bill Payment Account. You should note that you might incur other charges, depending on how you access the Internet Banking Service. These include charges for normal checking account fees and service charges. For savings accounts and money market deposit accounts, an excess transaction fee may apply to each transaction made through Internet Banking that exceeds the number of limited transactions you may make each statement period. These fees are described in your Account Agreement and related documents. Parties Responsibilities Responsibilities of the Consumer Authorized Use of the Services by Other Persons You are responsible for keeping your PIN and account data confidential. Any person having access to your Online Banking Service and Bill Payment Service User name and PIN will be able to access the Internet Banking Services and perform all transactions, including reviewing Account information and making transfers to other Accounts. If you make your personal identification number readily available for discovery in connection with the loss or theft of your PIN, you do not tell us within 2 business days after you learn of the loss or theft of your PIN, and we can prove we could have stopped someone from using your PIN without your permission if you had told us, you could lose as much as $500.00. Your PIN can be used to expend funds from your account and this code must be safeguarded. We are entitled to act on transaction instructions received using your PIN, and you agree that the use of your PIN will have the same effect as your signature authorizing the transaction. If you authorized other persons to use your PIN in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization and changed your PIN, and you are responsible for any transactions made by such persons until you notify us that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your PIN. If you have a business account, you are liable for all transactions that occur on the account. The owner of the business account authorizes all transactions made by any other persons. The owner of the business account is liable for any parties designated (by being given a User ID/Subscriber ID and PIN) to conduct business on the account(s). For multiple party accounts, each person on a multiple party account will be liable for all transactions made by any other signer(s) on the account(s). Each owner(s) on multiple party accounts(s) are liable for the actions of the other owner(s) on the account(s). The limitations of liability set forth in this Agreement are subject to, and limited by any state or federal law to the contrary. Reporting Unauthorized Transactions You should notify us immediately if you believe your PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission or if you suspect any fraudulent activity on your account. At any time you may choose to change your PIN. To notify us, call Customers Services at (406) 433-3212, send us a message from our website services, or write 1st Bank Attn: Internet Banking, 120 2nd Street NW, Sidney, Montana 59270 as soon as you can. Our Responsibilities Our responsibilities for Processing Transactions. If we do not complete a transfer to or from your Account (or cancel a transfer properly requested) on time or in the correct amount according to our agreement with you, we may be liable for consequential losses or damages. Limitations of Our Responsibility for Processing Transactions. There are some exceptions to our liability for processing transactions on your Accounts. We will not be liable, for instance: If, through no fault of ours, you do not have enough money in your Account to make the transfer; If the transfer would go over the credit limit on your overdraft line; If the funds in your Account were attached or the transfer cannot be made because of legal restrictions affecting your account; If the systems were not working properly and you knew about the breakdown when you started the transfer; If circumstances beyond our control (such as interruption of telephone service or telecommunication facilities, or natural disaster such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the Merchant on a bill payment; If you have not properly followed the instructions for using the Internet Banking Services; If your operating system or software was not properly installed or functioning properly; or; There may be other exceptions stated in our agreement with you. Our sole responsibility for an error in a transfer will be to correct the error, but in no case will we be liable for any indirect, special, incidental, or consequential damages. In states, which do not allow the exclusion or limitation of liability for indirect, special incidental, or consequential damages, our liability is limited to the extent permitted by applicable law. Changes in Terms and other Amendments We may amend this agreement (including changes in fees and charges) by notice mailed to you at the last address shown for the Account on our records or as otherwise permitted by law. Your continued use of the Internet Banking Services constitutes your agreement to the amendment(s). Termination Your Internet Banking Services remain in effect until terminated by you or us. You may cancel your Internet Banking Services at any time by notifying us of your intent to cancel in writing to 1st Bank Attn: Internet Banking, 120 2nd Street NW, Sidney, Montana 59270. This cancellation applies only to your Internet Banking Services and does not terminate your other relationships with us. 1st Bank is not responsible for any fixed payment made before 1st Bank has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by 1st Bank on your behalf. Other Provisions Governing Law This Agreement shall be governed by and construed in accordance with the laws of Montana without regard to conflict of law provisions. Your existing Account relationships shall continue to be governed by and construed in accordance with the laws as disclosed in such Account agreements. Scope of Agreement This Agreement represents our complete agreement with you relating to our provision of the Internet Banking Services. No other statement, oral or written, including language contained in our website, unless otherwise noted, is part of this Agreement. Assignment and Delegation The Customer may not assign this Agreement. The Bank may assign this Agreement to any affiliate of the Bank. The Bank may delegate its duties under this Agreement to third parties. Headings The headings of the paragraphs of this Agreement are for convenience and reference and shall not affect its construction or interpretation. Your Privacy is Important to Us Trust is the basis of each customer’s relationship at 1st Bank. As a customer of 1st Bank, you provide us with important information about yourself. We believe it is our responsibility to safeguard your personal and financial information.
NOTICE OF YOUR FINANCIAL PRIVACY RIGHTSWe, our, and us, when used in this notice, means 1st Bank. When we use the words “you” and “your” we mean the following types of customers: w All of our consumer customers who have a continuing relationship with us, such as: w Deposit account w Credit card w Loan account w Safe deposit box w All IRA accounts for which we act as custodian We will tell you the sources for nonpublic personal information we collect on our customers. We will tell you what measures we take to secure that information. We first define some terms. Nonpublic personal information means information about you that we collect in connection with providing a financial product or service to you. Nonpublic personal information does not include information that is available from public sources, such as telephone directories or government records. An affiliate is a company we own or control, a company that owns or controls us, or a company that is owned or controlled by the same company that owns or controls us. Ownership does not mean complete ownership, but means owning enough to have control. A nonaffiliated third party is a company that is not an affiliate of ours.
THE INFORMATION THAT WE COLLECT
We collect nonpublic personal information about you from the following sources: w Information we receive from you on applications or other forms w Information about your transactions with us w Information about your transactions with nonaffiliated third parties w Information from a consumer reporting agency
We do NOT disclose any nonpublic personal information about you to anyone, except as permitted by law.
THE CONFIDENTIALITY, SECURITY, AND INTEGRITY OF YOUR NONPUBLIC PERSONAL INFORMATION
We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your nonpublic personal information.
NONPUBLIC PERSONAL INFORMATION AND FORMER CUSTOMERS
We do not disclose nonpublic personal information about former customers, except as permitted by law.
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