Bill Payment Agreement and Disclosures
This Agreement, which includes the related Disclosures and Fee Schedule, establishes the rules which cover your access to the Bank’s Bill Payment service. By using Bill Payment, you accept all the terms and conditions of this Agreement and any amendments that may be made from time to time. Please read it carefully, and print a copy and/or retain this Agreement electronically for your records.
The terms, conditions and disclosures for each of your deposit and loan accounts, and any other agreements you may have with us, will continue to govern those accounts unless otherwise amended by this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of Iowa (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and our successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Disclosures and Fee Schedule, constitutes the entire agreement between you and us with respect to the Bill Payment service.
DEFINITIONS: As used in this Agreement, the words "we", "our", "us" and "Bank" mean First National Bank in Fairfield. "You" and "your" refer to the accountholder authorized by BANK to enroll for and view electronic statements under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through Internet Banking and Bill Payment. "Account" or "accounts" means your checking, savings and loan accounts at Bank, not including your Bank VISA® credit card. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Bank accounts using Internet Banking including Bill Payments. “Internet Banking” or "Internet Banking Service" means the services provided pursuant to this Agreement, including Bill Payment. "Business days" means Monday through Friday, Federal Holidays are not included. “Business Hours” are 9:00 a.m. to 4:00 p.m. Central Time on business days.
Hours of Access: You can use Bill Payment seven days a week, twenty-four hours a day, although some or all Internet Banking services may not be available occasionally due to emergency or scheduled Internet Banking maintenance. We will post notice of any extended periods of non-availability on the Bank’s website.
Security: You understand the importance of your role in preventing misuse of your accounts through Internet Banking and you agree to promptly examine your statement for each of your Bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your User ID and password are intended to provide security against unauthorized entry and access to your accounts and Bill Payment. Data transferred via Internet Banking is encrypted in an effort to provide transmission security and Internet Banking utilizes identification technology to verify that the sender and receiver of Internet Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the Internet Banking and Bill Payment is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Internet Banking or Bill Payment, or e-mail transmitted to and from us, will not be monitored or read by others. We also cannot and do not warrant that downloads from this site will not contain a virus or other destructive device. Therefore, we have no liability to you for any loss, claim or damages arising from or in any way related to our response(s) to any email or other electronic communication that we in good faith believe that you have submitted to us. We reserve the right to require authentication of emails or other electronic communications to verify the authenticity of the communication. If we cannot authenticate a communication to our satisfaction we may not act upon that communication.
Minimum System Requirements for Consumer Internet Banking: To use our Bill Payment service, you must have a computer that meets the following minimum requirements: 133 MHz processor, 64 Mg of memory, 56k modem, and 800x600 screen resolution. (The product may run on less than these minimums, but your response may be slower.)
If there is a change in the hardware or software requirements associated with Bill Payment, we will notify you and provide an explanation of those updated requirements. It is your sole responsibility to insure your personal computer and related equipment and software are compatible with and capable of operating in a manner that permits you to utilize the Bill Payment Service. If you cannot meet the requirements for any reason, you have the right to withdraw your enrollment from Bill Payment at no cost to you.
You may, at your option, choose to enroll in the Bill Payment Service.
Access and Enrollment: In order to use our Bill Payment service, you must designate at least one Bank checking account as the account from which the payments will be made (“Bill Pay Account”), designate a “Billing Account” from which monthly Bill Payment fees will be debited (you may designate the same account for both purposes), and be enrolled in Internet Banking. Requests for Bill Payment access must be approved by Bank.
Use your User ID and password to access your account, click on the “Bill Payment” button, then choose “Bill Pay Enrollment” and follow the prompts to enroll for Bill Payment or change your options. Once the enrollment is approved by the Bank, you will receive an email notification that your Bill Payment service has been activated. At that time, you may start scheduling payments.
Scheduling Payments and Payee Information: To schedule a payment, you must enter the complete payee name, your account number with that payee, the payee’s remittance address and phone number (all exactly as shown on the billing statement or invoice), the amount of the payment and the date you want the payment to be initiated.
We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly. Bill Payment is provided to you for your convenience. The actual payment of such bills is handled by an independent third party, and the Bank cannot and will not warrant or be held responsible for the completion and accuracy of such transactions.
Scheduling Internet Banking Bill Payments: Payment will be made by one of two methods. You may verify which payment method will be used for a particular payee by viewing the “smart calendar” on the Make Payments screen. If the Deliver By date is one week after the Send On date, you understand and agree that a paper check will be mailed to the payee, and the payee may not receive payment until five (5) to eight (8) business days after the payment is initiated. If the Deliver By date is three (3) days after the Send On date, payment will be sent electronically and you understand and agree that the payee may not receive the payment until 72 hours after the payment is initiated. After payment is initiated, the method of payment will also show on the Payment Confirmation screen. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the Bill Payment payee to properly post a payment to your account.
If the date you want the payment to be initiated is not a business day, the payment will be initiated the next business day before 8:00 p.m. Central Time. Your Bill Payment account will be debited on either the first or second business day after the payment was initiated. Beginning June 7, 2008 your Bill Payment account will be debited on the same business day that the payment is originated.
How to Cancel a Bill Payment: To cancel a bill payment that you have scheduled through Internet Banking, you must cancel the payment online via Internet Banking (by following the onscreen instructions) before 8:00 p.m. (Central Time) on the date the payment is scheduled to be initiated. If you want to cancel a payment after the cut-off time, you may contact the Bank during normal business hours for assistance, and we will make our best attempt to stop the payment.
You may initiate stop-payment requests online via Internet Banking only for paper checks you have written (non-electronically) on your Bank accounts (not Internet Banking Bill Payment paper drafts.) Our online stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check.
You may be charged a Stop Payment Fee as described in your original Account Agreement, as may be updated from time to time.
Consent to Electronic Delivery of Notices: By completing enrollment in Bill Payment, you agree to be bound by all the terms of this Agreement and you acknowledge your receipt and understanding of this Agreement. You also consent to receive these Bill Payment disclosures, and any future disclosures, in electronic format by posting on the Bank’s website or by email. Future disclosures may include but are not limited to: electronic fund transfers disclosures, changes in hardware / software requirements to use Internet Banking, and changes in fees related to electronic banking.
Withdrawal from Bill Payment: To cancel your Bill Payment access, you may write to us at First National Bank in Fairfield, 100 East Burlington, Fairfield IA 52556 and request that we send remove your account from Bill Payment access. Or, call us at 641-472-4121 during normal business hours (we may ask for you to put your request in writing). Your access to Bill Payment will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to your cancellation.
ELECTRONIC FUNDS TRANSFERS ACT:
Types of Transactions: By enrolling for Bill Payment, you will be able to pay bills thorough the checking account you have designated online.
Posting of Bill Payments: Generally, your account will be debited for a Bill Payment one or two business days after the payment is initiated. Beginning June 7, 2008 your account will be debited on the same business day that the payment is initiated. If the day on which a payment is initiated is not a business day, the payment will be initiated on the next business day. Internet Banking identifies payments based upon the User ID of the user who initiated the electronic transfer or Bill Payment. Accordingly, you understand and acknowledge that the screens in both the Transfer and Bill Payment menu options of Internet Banking will not reflect transfer and/or payment information of multiple users from the same account if different User IDs are used. You agree to communicate with any other person(s) with authorized access to your accounts concerning any transfers or Bill Payments from your accounts in order to avoid overdrafts.
Overdrafts (Order of Payments, Transfers, and other Withdrawals): If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
a. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
b. In the event the electronic fund transfers initiated through Internet Banking would result in an overdraft of your account, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
Please keep in mind that overdrafts can be created by check, in-person withdrawal, ATM withdrawal, electronic Bill Payment, or other electronic means.
Limits on Amounts and Frequency of Internet Banking Transactions: The number of transfers from Bank accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
Stop Payment Requests for Other Pre-Authorized Payments: Right to stop payment and procedure for doing so: If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Call us or write us at the telephone number or address in this access agreement in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call we may also require you to put your request in writing and get it to us within 14 days after you call.
Liability for Failure to Stop Payment of Preauthorized Transfer: If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Notice of Varying Amounts: If these regular payments may vary in amount, the person you are going to pay will tell you, 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 amount would fall outside certain limits that you set.)
Disclosure of Account Information and Transfers: We will disclose information to third parties about your account or the transfers you make:
1. Where it is necessary for completing transfers;
2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
3. In order to comply with government agency or court orders; or
4. If you give us written permission
5. Please also see our separate Privacy Disclosure
Periodic Statements: You will not receive a separate Bill Payment statement. Transfers from your accounts using Bill Payment will appear on the respective periodic statements for your Bank accounts.
Change in Terms: We may change any term of this Agreement at any time. If the change would result in increased fees for the Bill Payment service or increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we will give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the Bank’s website or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of the Bill Payment service indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
Our Liability for Failure to Make a Transfer: If we do not complete a transfer to or from your account, including a Bill Payment, on time or in the correct amount, according to our Agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
1. If, through no fault of ours, you do not have enough money in your account to make a transfer.
2. If a legal order directs us to prohibit withdrawals from the account.
3. If your account is closed, or if it has been frozen.
4. If you have an overdraft line and the transfer would go over the credit limit.
5. If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
6. If any electronic terminal, telecommunication device, or any part of the Internet Banking electronic fund transfer system is not working properly and you knew about the problem when you started the transfer.
7. If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
8. If you have not properly followed the on-screen instructions for using Internet Banking.
9. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
10. There may be other exceptions stated in our agreement with you.
Your Liability for Unauthorized Transfers: CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or that someone has transferred or may transfer money from your account without your permission, call, write or e-mail at the telephone number, address, or e-mail address listed in this agreement. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission.
If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you or your e-Statement was made available to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.
In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments: In case of Errors or Questions About Your Electronic Transfers, call, write, or e-mail us as soon as you can at the telephone number, address, or e-mail address listed in this Agreement, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number.
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (5 business days for CheckCard point-of-sale transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for CheckCard point-of-sale transactions and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Your Contact Information: If your email address or any other contact information (e.g. your name, physical address, phone number, etc.) changes, please notify us immediately either by phoning us at 641-472-4121 or stopping in at our Main Bank or any or our branches during business hours, or emailing us at email@example.com.
Disclaimer of Warranty and Limitation of Liability: We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Internet Banking Services or Bill Payment provided to you under this Agreement. We do not and cannot warrant that Internet Banking Services or Bill Payment will operate without errors, or that any or all Internet Banking Services, including Bill Payment, will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Internet Banking and/or Bill Payment, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Bank and its affiliates exceed the amounts paid by you for the services provided to you through Internet Banking. Various brand and product names are trademarks or registered trademarks of their respective owners. Features and services availability are subject to change without notice.
Our Right to Terminate: You agree that we can terminate or limit your access to Internet Banking Services for any of the following reasons:
1. Without prior notice, if you have insufficient funds in any one of your BANK accounts. Internet Banking service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
2. For Bill Payment Users: Upon 3 business days notice, if you do not contact us to designate a new Bill Payment Checking Account immediately after you close the checking account you have designated as the account to be debited for Bill Payment services.
3. Upon reasonable notice, for any other reason in our sole discretion.
4. If you do not log in to Internet Banking for a period of more than six (6) months, we may remove your access to Internet Banking. If you wish to have your access re-instated, you will need to call us at 641-472-4121. We may request you to complete the enrollment process again.
Communications between Bank and You: Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Contact Us: You can contact us with any questions or concerns you have about Internet Banking by:
E-mail: You can contact us by e-mail at firstname.lastname@example.org (Please note that banking transactions through Internet Banking are not made via e-mail. Also please note that email is not necessarily secure; therefore you should not include confidential information such as your account number in email communications)
Contact Person: Jeffrey C. Johnston, SVP, 641-472-4121
Facsimile (Fax): 641-472-7223
Postal Mail: First National Bank in Fairfield, 100 East Burlington, Fairfield, Iowa 52556
In Person: You may visit us in person at any one of our locations:
* Main Bank.............................. 100 E. Burlington, Fairfield
* Branch.................................... 1900 W. Burlington, Fairfield
TRUTH IN SAVINGS:
Fees and Charges: You agree to pay the fees and charges for your use of Internet Banking Services as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the Bank checking account designated as the Bill Payment Account when you enrolled in and were approved for Bill Payment. If you close your Bill Payment Account, you must contact us immediately to designate another account as your Bill Payment Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of Internet Banking.
BILL PAYMENT FEES:
Internet Banking: ......................... Free Access
e-Statements: ............................... Free Access
Bill Payment: .................................. Free Access. If unused for a period of 3 months or more privileges may be revoked.
and/or Return Items:..................... $28.00 per item
We charge for preauthorized withdrawals from any type of account, based on the normal debit charges for that account. Except as indicated elsewhere or as indicated in individual account agreements, we do not charge for electronic fund transfers.
^ Iowa sales tax and local option tax assessed.