eBANKING Terms and Conditions Agreement with External Transfer Service and Bill Pay Terms and Conditions
Below are the terms for First Bank's eBanking service.
We recommend that you print or otherwise save these terms and conditions for your records. These are the Terms and Conditions of Internet Banking Services (herein referred to as “eBanking” for First Bank consumers’ agreement (the “Agreement”). By subscribing to eBanking or using eBanking to access account information, or to make any transfer between accounts or payment to a third party, you agree to the terms of this Agreement. The words "we", "us", "our" and "Bank" refer to First Bank. The words "you" and "your" refer to each person subscribing to eBanking.
Computer Equipment and Internet Use
You are solely responsible for the maintenance, installation and operation of your computer, and for the hardware and software used in accessing eBanking. First Bank shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software, nor will First Bank be responsible for any computer virus or malware that affects your computer or software while using eBanking. By your use of eBanking, you acknowledge that the Internet is not a secure means for transmitting confidential information and understand and acknowledge that any information you provide, receive or request via the Internet can be intercepted and/or viewed by unknown third parties. First Bank does not guarantee that downloads from its site will not contain a virus or other destructive device. It is your responsibility to protect your information and to maintain your computer with updated protection against viruses, malware, and spyware.
Additionally, you must have an Internet service provider and a 128-bit compliant web browser to utilize eBanking. It will be your responsibility to establish these. Any costs or fees to obtain these services or software are solely your responsibility.
Security
First Bank is committed to protecting the security and confidentiality of your account information. We use multifactor authentication, which means that we confirm your identity through multiple identifying methods, including: user IDs, passwords, the use of a security code upon your first log-in, and challenge questions. In addition to the use of multifactor authentication, we also use the following methods of protecting your information:
You can only access eBanking with a web browser that uses 128-bit encryption.
You must have a valid User ID, and Password, to log in.
We will take additional steps to confirm your identity, including, but not limited to challenge questions, if you access eBanking from a computer we do not recognize or we believe additional authentication is warranted.
We may temporarily suspend access to eBanking for any reason, including inactivity.
If you do not take action for a period of time while you are in an eBanking session, you will be automatically logged off. We display your previous login date each time you access eBanking for you to review.
You agree to the following and you agree to ensure that your authorized eBanking users comply with the following:
You will never leave your computer unattended while using eBanking.
You will never leave your account information displayed where it may be viewed by others.
You will always exit eBanking by logging out.
You will notify the Client Contact Center at 1-800-760-BANK (2265) immediately if you suspect unauthorized access to your eBanking account has occurred.
These security procedures are not implemented for the purpose of detecting errors in your instructions or in their transmission, even if First Bank may take certain actions from time to time to do so. By your continued use of eBanking, you agree that these procedures, including your security responsibilities described in this Agreement, constitute a commercially reasonable method of providing security against unauthorized instructions. Unless otherwise provided by any applicable law, rule, or regulation, you agree to be bound by any instructions delivered to us as long as they are accompanied by a permitted User ID and Password, even if the instructions are not actually transmitted or authorized by you or your user. You accept responsibility for any unauthorized access to, and action taken through, eBanking using a valid User ID and Password, whether such access or action is taken by you, your authorized eBanking user, persons with access to your records, or persons who have obtained access to eBanking through your failure to maintain adequate control. In addition, you shall indemnify and hold First Bank harmless from and against any loss suffered or liability incurred by, or arising from, the execution of instructions in good faith and received and verified by First Bank in compliance with such security procedures.
You understand and acknowledge that neither First Bank nor any person acting on behalf of First Bank will request that you disclose your User ID or your password or disclose security procedures, and agree that you will not disclose a User ID, a password or security procedures.
You hereby confirm that you have instituted proper controls over your computers, terminals, equipment and procedures to protect your financial information and all User IDs and Passwords, as well as any other security procedures we may require from time to time. Unless otherwise provided by any applicable law, rule, or regulation, you are strictly responsible for establishing and maintaining procedures to safeguard against unauthorized access to eBanking services including, if reasonably required, updates to such procedures and monitoring compliance with such procedures. You warrant that no individual will be allowed access to eBanking in the absence of proper supervision and safeguards and you agree to maintain the confidentiality of the security procedures and User IDs, and Passwords and related instructions provided by us in connection with the applicable security procedures. If you at any time have reason to believe or suspect that any such information or instructions have been disclosed to or accessed by any unauthorized person or used in a manner not authorized by you, you agree to notify us as soon as practicable, followed by written confirmation as provided under the “Notices” and “Communications between You and First Bank” sections elsewhere in this Agreement. The occurrence of unauthorized access will not affect any transactions executed in good faith by us prior to receipt of such notification and for a reasonable time thereafter. Consumers should also see the "Your Liability for Unauthorized Electronic Fund Transfers and Error Resolution" section elsewhere in this Agreement. If there is a conflict between this paragraph and that section, the latter shall govern in the case of consumers.
Account and Other Eligibility Requirements
To register for consumer eBanking, you must maintain at least one of the following types of account at First Bank: consumer Checking, Savings, Money Market, Certificate of Deposit (CD), Individual Retirement Account (IRA), or an Eligible Loan (An Eligible Loan shall be one of the four loan products First Bank offers: revolving credit line, commercial, mortgage and installment.).
By entering into this Agreement and using eBanking, you agree to maintain your accounts properly, observe and comply with all rules applicable to them, and pay all fees associated with such accounts.
eBanking is offered only to residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, eBanking is not offered to minors. By using eBanking, you represent that you meet these requirements and that you agree to be bound by this Agreement.
Account Ownership
Any person with ownership rights to an account, including but not limited to joint ownership, may register and use any or all features of eBanking. Transactions performed by any owner of the account will be considered authorized transactions and except as provided in this Agreement, First Bank will not be liable to you for any such transactions.
User Identification (ID) and Password
Your User ID and Password identify and authenticate you to First Bank when you use First Bank's eBanking service. You will be required to establish a User Identification (ID) and Password during your first online session through our online registration process. You will only be able to obtain a User Identification (ID) if you have an existing account with First Bank that meets the account requirements above. You determine what password you will use and your password is not communicated to us. By establishing a User ID and Password you agree to, and agree to ensure that authorized eBanking users will:
a) Not disclose your User ID and Password or otherwise make them available to anyone else, including other joint owners on the account
b) Be liable for your User ID and Password and for their authorized and unauthorized use as described in this Agreement
c) Change your password regularly
d) Notify the Client Contact Center at, 1-800-760-BANK (2265)immediately of any loss or theft of your User ID and Password
For security purposes, you must create a User ID that is a minimum of 8 characters and contains at least one upper and lower case alphabetical character and at least two numeric characters. User ID’s may also contain these special characters: -,. ~ !@&_{}:$%^*()=[];" '?/+`. User ID’s are case sensitive. You must also establish a password that is a minimum of 8 characters and contains at least one upper and lower case alphabetical character and at least two numeric characters. Passwords may also contain these special characters: - . ~ !@ # & _ { } | : $%^*()=[];?/+. Your password should not be associated with any commonly known personal identification, such as your social security number, address, date of birth, or children’s names, and should be memorized rather than written down.
You acknowledge that we are entitled to rely on the use of your User ID and Password as your authorization for any transaction through eBanking. You are responsible for all transactions you initiate or authorize using eBanking. If you permit any other person to use your eBanking User ID and Password, you will have authorized that person to access your accounts, and you are responsible for any transaction that person initiates or authorizes from your accounts. If you suspect unauthorized use of your User ID and Password, please follow the procedures outlined in the "Your Liability for Unauthorized Electronic Fund Transfers and Error Resolution" section of this Agreement. We undertake no obligation to monitor transactions through eBanking to determine that they are made on behalf of the accountholder.
eBanking Services
After you successfully register for eBanking, you will have access to your Eligible Accounts, which include Checking, Savings, Money Market, CD, IRA accounts, Eligible Loans (“Eligible Accounts”). Initially, information regarding activity for up to the most recent three months will be available to you. Information about additional activity will become available to you periodically, until the most recent fourteen months are available to you at any time. For these Eligible Accounts, you will be able to:
View balance information
View transaction history
Search for transactions
View images of the front and back of your checks that have cleared
Order a copy of your cancelled checks (when available)
Import certain account information into Intuit Quicken, via Web Connect
Send us secure messages regarding your accounts in eBanking via Contact Us and receive secure messages ("View Messages")
Place Stop Payments on checks drawn against Checking and Money Market accounts
Establish alerts to notify you when certain balance conditions are met, when transactions occur, when e-statements are available and more. You may choose to receive alerts via email or mobile text (your carrier's standard text messaging rates will apply). To ensure delivery, data must be entered in the required format.
Conduct transfers between your Checking, Savings, and Money Market accounts. eBanking Customers may conduct transfers to and from Eligible Loans. If you also choose to register for the Bill Pay service, you will be able to issue a bill payment to a third party from your Payment account.
eBanking also offers the following:
Bill Payment: See "Bill Pay Terms and Conditions" for a description of this service.
External Transfer: See ‘External Transfer Terms and Conditions” for a description of this service.
People Pay: See "People Pay Terms and Conditions" for a description of this service.
All instructions or requests provided to First Bank via eBanking will be deemed to be written instructions, with the same effect as written instructions provided to First Bank on paper and signed by you. If you ask us to make periodic transfers or payments at regular intervals, that request will have the same effect as written instructions to us signed by you.
Online Help
You can access the user manual through the online help screen. You agree not to copy or otherwise duplicate the online user's manual or updates. You agree to notify First Bank promptly and in writing of any circumstances of which you have knowledge relating to any possession, use, or use of knowledge of any portion of eBanking and/or the online user's manual by an unauthorized person.
System Availability
You may access your account information through eBanking 24 hours a day, seven days a week, except for interruptions due to maintenance or matters beyond First Bank's control.
Daily Processing Deadlines
First Bank's business days are Monday through Friday ("Business Days"). Saturday, Sunday and Federal holidays are not considered Business Days. eBanking transactions, that occur before our daily cutoff times on Business Days will be reflected in your transaction history the following Business Day. eBanking transactions, that occur after our daily cutoff times on Business Days or all day Saturday, Sunday, and Federal holidays will be reflected in your transaction history on the second Business Day. Transactions that have occurred and that are not yet reflected in your account history may affect your available balance. In addition, the amount of such transactions may appear in the available balance fields in eBanking.
Transaction cutoff times are as follows:
Bill Pay: 3:00 PM CT
External Transfers: 6:00 PM CT
Internal Transfers: 10:00 PMCT
People Pay: 9:30 PM CT
Transfers
You may transfer funds between your Checking, Savings and Money Market accounts. You may also transfer funds to an Eligible Loan using eBanking. You will be able to make funds transfers that are effective when you complete the transfer online, schedule future-dated transfers, and establish recurring transfers. The available balance in the account from which the withdrawal for the transfer will be made (FROM account) and the available balance in the account to which the transfer will be credited (TO account) will be updated as soon as the transfer is complete. If the transfer is made to an Eligible Loan account, the principal balance will be updated the next Business Day. Transfers made to an Eligible Loan account in order to pay off the loan will update the principal balance the second Business Day after the transfer is completed. Transfers completed before our daily eBanking cutoff time on a Business Day will appear in the transaction history of your account the next Business Day. Transfers completed after our daily eBanking cutoff time on a Business Day or all day Saturday, Sunday, and Federal holidays will appear in the transaction history of your account on the second Business Day. The maximum dollar limit on any transfer is equal to the available balance in your account from which the transfer is being made (FROM account), including the available balance in any Preferred Credit account associated with the account, at the time the transfer is completed by us.
It is your responsibility to ensure that sufficient funds are available for a requested transfer at the time it is to occur and to confirm that transfers have actually been made.
Initiate Loan Advances
If you are a consumer eBanking customer, you may use eBanking to request a credit advance against certain qualified line of credit accounts. All transfers from an Eligible Loan account will be subject to the terms and conditions of that loan account. You will be charged interest on the outstanding balance based on the loan terms. Such credit advance shall be credited to the account you select.
Our Right to Delay or Reject Transactions
Even though you may request a transaction, it may be delayed or First Bank may reject the transaction without liability, if: (1) the request is untimely, incomplete, inaccurate or ambiguous in any respect, (2) the requested transaction may exceed either the collected or available funds on deposit in the designated account, together with the credit limit on any overdraft line of credit you may have established in connection with the particular account (excluding any Overdraft Privilege service you may have); (3) the requested transaction is either not authenticated to First Bank's sole satisfaction, or First Bank believes the request may not have been authorized by you; (4) the requested transaction would cause First Bank to violate a law, regulation or government guideline or program; (5) the requested transaction is not in accordance with any other requirement stated in this Agreement, or is objectionable to First Bank for any other reason, in Bank's sole discretion; (6) First Bank's system was not working properly and you knew about the breakdown when you started to submit the transaction; (7) circumstances beyond our control (such as fire, flood, mechanical or electrical failure) prevent completion of the transaction, despite reasonable precautions we have taken; or (8) First Bank reasonably believes completing such transaction would result in Bank's exposure to liability or risk beyond that contemplated by this Agreement in which case First Bank may treat such requested transaction as though it had not been received. In the event a transaction is rejected by Bank, for any reason, it shall be your responsibility to resubmit the transaction.
Restrictions on Transfers from Savings and Money Market Accounts
There are certain restrictions on transfers or withdrawals you may make out of a Savings or Money Market account. Please refer to your Deposit Account Agreement for details.
Fees/Charges
Many of the eBanking services are provided free of charge. Some account services requested through eBanking require payment of a fee. Refer to the fee schedule for your consumer or business account for a complete listing of fees. Fees will be charged to the account for which the service has been provided, unless otherwise stated. Fees and the services to which they apply are subject to change from time to time at First Bank's discretion.
Stop Payments
This section refers to your ability to stop payment on a check that you have written. It does not allow you to cancel an Online Bill Payment or other electronic payment (such as an ACH payment). Once a bill payment has been debited from your account and paid electronically, you cannot cancel or stop the bill payment.
For a stop payment order to be effective, we must receive the request in time to give us reasonable opportunity to act on it. To place a stop payment order via eBanking, the account number and check number are required. To request a stop payment without this required information, contact us 1-800-760-BANK (2265). Unless your request is complete and accurate, we may be unable to identify the item subject to your request.
A stop payment order may be made and will be honored when made by the maker of the check or any other account owner who has withdrawal rights at least equal to the rights of the maker of the check. Stop Payment orders placed using eBanking are considered written stop payment orders. We reserve the right to require an actual, physically-signed written stop payment order at any time. Written stop payment orders are effective for six months and may be renewed in writing for an additional six months only by one of the methods that follow:
- Use “Contact Us” in eBanking to request that we extend the Stop Payment period for an additional six months. The request must include the check number and the account number on which the check was written.
- Send us a letter requesting that we extend the Stop Payment period for an additional six months. The request must include the check number and the account number on which the check was written. The letter must be sent to:
Client Contact Center
600 James S. McDonnell Blvd
St. Louis, MO 63042
You agree to hold First Bank harmless for the amount of the stop payment as well as for all expenses and costs incurred by First Bank through refusing payment of the check on which a stop payment has been placed. You further agree to hold First Bank free of all liability should payment be made contrary to this request, if such payments occur through inadvertence or accident.
Canceling a Stop Payment
A stop payment order placed using eBanking may only be cancelled by one of the following methods:
- Send us a notice using “Contact Us” in eBanking and include the account number the check on which the check was written, the check number, and the following, if known: check amount, date check written and Payee name.
- Send us a letter including the account number on which the check was written the check number, and the following, if known: check amount, date check written and Payee name. The letter should be sent to:
Client Contact Center
600 James S. McDonnell Blvd
St. Louis, MO 63042
- Visit a First Bank branch
A stop payment order will be released only upon request from the account owner who authorized the stop payment to be placed.
Periodic Statements
First Bank will include any transfers or bill payments you authorize through eBanking on your statement. You should promptly notify First Bank of any discrepancies, including but not limited to, any errors or inaccuracies related to data transmitted by any online service. Unless provided otherwise by law, if you do not notify us of any errors within a reasonable period of time (not to exceed 14 days), after we send or make available to you your statement and/or items, you cannot assert the unauthorized signature or alteration defenses against us even if we are unable to show a loss due to your failure. Also, you cannot assert any unauthorized signatures or alterations by the same wrongdoer on items paid by us after the reasonable time mentioned above elapses and before we receive your notice. We lose these protections if we fail to exercise ordinary care in paying an item with an unauthorized signature or alteration. However, if you do not notify us of the problem within 60 days of when we send or make available to you the statement and/or items, you absolutely forfeit any right(s) to assert a claim against us. You must report any other account problem (e.g., erroneous statement or passbook entry, missing signature, unauthorized endorsement, etc.) within a 60-day period or lose your right to assert a claim against us.
Disclosure of Information to Third Parties
We will only disclose information to third parties about your account or the transactions that you make:
Where it is necessary to complete authorized transactions.
Where it is necessary to activate additional services.
In order to verify the existence and condition of your account for a third party, such as a credit bureau or Payee.
To a consumer reporting agency.
In order to comply with government agency or court orders.
If you give us your written permission.
Address or Banking Changes
It is solely your responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either by using eBanking or by contacting Customer Service. If you are enrolled in the Bill Payment Service, any changes should also be made in accordance with the procedures outlined in the eBanking Help files. We shall have a reasonable time to act on such changes. First Bank is not responsible for any payment processing errors or fees incurred if you do not provide accurate information. Changing your contact information in eBanking does not change your non-eBanking records. You must contact us to change your contact information for other purposes.
Your Liability for Unauthorized Electronic Fund Transfers and Error Resolution
Consumer users, please refer to your Deposit Account Agreement, under the sections entitled" Your Liability for Unauthorized Electronic Fund Transfers" and "In Case of Errors or Questions About Your Electronic Transfers"
Changes to Agreement
We may, in our sole discretion, change eBanking services and terms, including fees, set forth in this Agreement at any time. For example, we may add, delete or amend terms or services, add or change fees, or change or limit the types of accounts accessible by eBanking. You will be notified of any such change as required by applicable law, either by mail or by messaging. You understand that by your continued use of the eBanking service after a change becomes effective, you have agreed to the change.
Electronic Mail (e-mail) and Messaging
Although you may currently have e-mail capabilities, it is important to remember that normal Internet e-mail transmissions may not be secure. You agree to contact us electronically only through “Contact Us” within eBanking if your correspondence contains confidential information, such as an account number or social security number. You also agree to receive communications regarding your account electronically and will not attempt to circumvent receiving any messages. It is your responsibility to notify us immediately if your e-mail address changes. You are deemed to have received any electronic messages at the time we send them to you.
We may not immediately receive e-mail (including messages sent through Contact us) that you send. You must confirm urgent messages by completing a telephone call to us at the number below. We will have a reasonable opportunity to act on your e-mail requests.
You cannot use e-mail for the following purposes:
To report unauthorized use of User ID and Password (see "Your Liability for Unauthorized Electronic Fund Transfers and Error Resolution" )
To report an unauthorized transaction
See the "Notices" section regarding how to report these matters.
Notices
Any notices to us, unless otherwise stated in this Agreement, must be in writing and shall be deemed to have been given or made on the date of delivery, in the case of hand delivery, or five (5) business days after deposit in the United States mail, postage prepaid and addressed as required in this Agreement.
If you (i) believe that any error has been made with respect to eBanking, (ii) dispute any transfer, payment, charge or other entry involving eBanking, or (iii) believe any security problem exists (including the fact or possibility that any unauthorized person has access to your User ID, password or other security procedures or otherwise has access to eBanking), then you must promptly notify us by telephone, by calling 1-800-760-BANK (2265) and confirming such communication by written notice. We shall not be deemed to have received notice until we have been given written notice as provided herein, but telephonic notice may enable us to act to prevent or limit loss to you that may otherwise occur. Although you will have the ability to transmit electronic mail directly to us using messaging through “Contact Us”, no communication through that system or other electronic communication shall be deemed to constitute written notice to us of an error, dispute or security problem.
Communications between You and First Bank
Unless this Agreement provides otherwise, you can communicate with us in one of the following ways:
Messaging: Use the “Contact Us” feature in eBanking
Telephone: you can contact us by telephone at 800-760-2265
In Person: you may visit us in person at any one of our branch locations.
Mail: you can write to us at:
Client Contact Center
600 James S. McDonnell Blvd
St. Louis, MO 63042
Indemnification; Limitations on Bank's Liability
First Bank will not be responsible for, and you expressly agree to indemnify, defend, and to hold First Bank, its affiliates, service providers, contractors and all of their directors, officers, employees, contractors, and agents harmless from, every claim, damage, loss, delay, cost (including, without limitation, attorney's fees) or liability which arises, directly or indirectly, in whole or in part, from: (a) your actions or omissions, or those of third parties; (b) your negligence or breach of any agreement with Bank; (c) lack of available funds in your account; (d) any ambiguity, inaccuracy, or omission in any information provided to Bank; (e) any error, failure or delay due to a breakdown in any computer or communications facility; (f) accidents, strikes, labor disputes, civil unrest, fire, flood, water damage (e.g., from fire suppression systems), war, emergency conditions, or other natural disasters; (g) causes beyond Bank's reasonable control; (h) legal constraint, (i) Bank's inability to confirm to Bank's satisfaction the authority of any person to act on your behalf; (j) First Bank honoring or acting upon any instructions received in accordance with security procedures or otherwise in accordance with your instructions or the terms of this Agreement; (k) First Bank failing or refusing to honor or act upon any instructions received that are not in accordance with security procedures, any user guides or Bank's instructions; (l) any warranty that First Bank is required or deemed to make to a third party in connection with your transactions; and (m) your failure to comply with NACHA rules or the rules of any clearing house or payment organization that processes its transactions.
Neither First Bank, nor its affiliates, service providers, contractors nor any of their directors, officers, employees, contractors, and agents shall be responsible under any circumstances for special, indirect, or consequential damages which you incur as a result of any of their actions or omissions, even if First Bank is aware of the possibility for such damages and regardless of the legal or equitable theory of liability asserted, including, without limitation, loss or damage from subsequent wrongful dishonor resulting from Bank's acts or omissions pursuant to this Agreement.
First Bank will use reasonable efforts to provide the eBanking services in a prompt fashion, but shall not be liable for temporary failure to provide such services in a timely fashion. In such event, you will be responsible for carrying out business through alternative delivery channels. First Bank will not be liable for any inaccurate or incomplete information with respect to transactions that have not been completely processed or posted to Bank's systems prior to being made available within eBanking. Information provided via eBanking with respect to all transactions is provided for your convenience and you shall have no recourse to First Bank as to your use of this information.
Unless otherwise required by law, any claim, action or proceeding by you to enforce the terms of this Agreement must be commenced within one year from the date that the event giving rise to the claim, action or proceeding first occurs. You agree to cooperate with First Bank in any loss recovery efforts First Bank may, in its discretion, undertake to reduce any loss or liability that arises in connection with the eBanking services.
These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
You acknowledge that Bank's fees have been established in contemplation of: (a) these limitations on Bank's liability; (b) your agreement to review statements, emails, and notices promptly and to notify First Bank immediately of any discrepancies or problems; and (c) your agreement to assist First Bank in any loss recovery effort. In no event shall the liability of First Bank and its affiliates exceed the average monthly amounts paid by you for the services provided to you through eBanking in the year preceding any claim you make against us.
THE FOREGOING SHALL CONSTITUTE FIRST BANK'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FIRST BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
Disclaimer of Warranty
eBANKING SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
Recording and Use of Communications
You and First Bank agree that all telephone conversations and data transmissions between you and First Bank or either of our agents made in connection with this Agreement may be electronically recorded and retained by either party by use of any reasonable means and for any lawful purpose. All recordings and discs, magnetic tapes, security reports and related media and records used by First Bank for transactions contemplated by this Agreement shall remain Bank's property.
Calls to You
By providing us with a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes.
Governing Law
This Agreement shall be governed by the laws of the state in which the office of First Bank which maintains your account is located and, where applicable, by federal law. Any issue relating to an account or service with First Bank shall be governed by the law(s) specified in the agreement for that account or service if there is a separate agreement for that account or service. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
Waiver of Jury Trial
Where permitted by law, both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.
Related Agreements
All rules and regulations outlined in your account agreements apply to eBanking. State and federal law, including the Uniform Commercial Code, and regulations of the Federal Reserve System, other regulatory agencies and clearinghouse associations, regulate much of our relationship with you. These laws and regulations, as well as the terms of the Agreement may change from time to time without notice to you unless required by law. The Electronic Funds Transfer Act governs some of the transactions permitted under this Agreement, and some terms and conditions included in this Agreement are required by this Act. In addition, certain agreements and documents govern the accounts you access through eBanking, as they are amended from time to time, including, but not limited to the following:
- Deposit Account Agreement
- Any agreement you may have for a loan that may be accessed through eBanking
- Fee Schedule
New Services
We, in our sole discretion, may add or change services or features of the eBanking service at any time. We will update this Agreement to notify you of these new services or features. If you continue to use eBanking, you agree to be bound by the terms contained in the revised Agreement.
Termination of Agreement
You may cancel eBanking at any time. We reserve the right to terminate eBanking immediately and without notice (1) in the event of improper use of such service, (2) in the event of a failure to comply with the security procedures, or (3) if all of your Eligible Accounts have been closed for ninety (90) or more days. We may terminate this Agreement with or without cause by providing written notice of such termination to you. Any termination of this Agreement shall not affect any of Bank's rights and your obligations with respect to eBanking utilized by you, or your payment obligations with respect to services performed by us, or any other obligations that survive termination of this Agreement. Termination of this Agreement will not affect or terminate agreements governing your accounts with Bank.
EXTERNAL TRANSFER SERVICE TERMS AND CONDITIONS
Service Providers
We are offering you the External Transfer Service through one or more "Service Providers". You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement and that the Service Providers will be intended third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
Our Relationship With You
We are an independent contractor for all purposes for the External Transfer Service. We do not guarantee the identity of any user of the External Transfer Service (including but not limited to Accounts to which you send payments).
Notices to You
You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within eBanking, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any cell phone number that you have provided us, including but not limited to the cell phone number that you have provided to us in eBanking. For example, users of the External Transfer Service may receive certain notices (such as notice and receipt of transfers) as text messages on their mobile device. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in the eBanking Terms and Conditions Agreement. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request, unless prohibited by law. We reserve the right to close your account if you withdraw your consent to receive electronic communications.
Your Privacy
Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our practices regarding use and disclosure of your information.
Acceptable Use
You may use the External Transfer Service to transfer funds as described below. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the External Transfer Service, regardless of the purpose of the use, and for all communications you send through eBanking. We and our service providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the External Transfer Service for activities that: (a) violate any law, statute, ordinance or regulation; (b) relate to illegal gambling, illegal gaming and/or any other illegal activity with an entry fee or a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill and sweepstakes (c) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction; (d) impose an unreasonable or disproportionately large load on our infrastructure; (e) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (f) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the External Transfer Service or the portion of the Site through which it is offered without our prior written permission; (g) constitute use of any device, software or routine to bypass technology protecting the Site or the External Transfer Service, or interfere or attempt to interfere, with the Site or the External Transfer Service; or (h) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in the User Agreement below of any violations of this section or this Agreement generally. In no event shall we or our Service Providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the External Transfer Service or this Agreement. We and our Service Providers reserve the right to monitor and remove any comments you post or submit through the External Transfer Service.
Transfer Authorization and Processing
(a) The External Transfer Service enables you to transfer funds between your Account(s) that you maintain with us and your Account(s) that are maintained by other financial institutions. You represent and warrant that you are either the sole owner or a joint owner of the Transaction Account and the Recipient Account and that you have all necessary legal right, power and authority to transfer funds from the Transaction Account to the Recipient Account. If you are a joint owner of the Transaction Account, Recipient Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners.
(b) When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you. You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to nonsufficient funds.
(c) We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft protection account;
- The External Transfer Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
- The transfer is refused as described below;
- You as a Sender have not provided us with the correct information, including but not limited to the correct Transaction Account or Recipient Account information; and/or,
- Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
(d) It is your responsibility to ensure the accuracy of any information that you enter into the External Transfer Service, and to inform us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
Transfer Methods and Amounts
We may at our sole discretion impose limits on the amount of money you can transfer through our External Transfer Service. We also reserve the right to select the method in which to transfer funds on your behalf, and the method to return funds to you in the event that the Recipient Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic payment or an electronic to check payment.
External Transfer Limits
Per transaction - $500 – debit (going out of the Bank) or credit (coming into the Bank)
Aggregate daily limit - $500 – debit (going out of the Bank) & $500 - credit (coming into the Bank)
Number of transactions per day - 5 debit (going out of the Bank) and 5 credit (coming into the Bank)
Aggregate Monthly limit - $2,000 – debit (going out of the Bank) and $2,000 - credit (coming into the Bank)
Number of transactions per month- 5 debits (going out of the Bank) and 5 credits (coming into the Bank)
Transfer Cancellation Requests and Refused Transfers
You may cancel a transfer at any time until it begins processing (as shown in eBanking). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfers to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check. If after ninety (90) days (or longer, depending on our then current standard for unclaimed checks) that check has not been cashed, we will stop payment on it and transfer funds to an "unclaimed funds" account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.
Stop Payment Requests
If you as a Sender desire to stop any transfer that has already been processed, you must contact us as provided in the Agreement. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
Taxes
It is your responsibility to determine what, if any, taxes apply to transfers you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transfers, or for collecting, reporting or remitting any taxes arising from any transfer.
External Transfer Fees
As of the date of this Agreement, there is no fee for the External Transfer Service. We reserve the right to impose a fee for the External Transfer Service, and to subsequently change any fee imposed from time to time, with prior notice to you. Any other fees associated with your deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
Refused Transfers
We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a transfer prohibited under this Agreement.
Returned Transfers
In using the External Transfer Service, you understand transfers may be returned for various reasons such as, but not limited to the Recipient Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Recipient Account or void the transfer and credit your Transaction Account. You may receive notification from us.
Information Authorization
Your enrollment in the External Transfer Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in External Transfer, you agree that we and our Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau.
External Transfer Service Cancellation by You
In the event you wish to cancel the External Transfer Service, you may telephone us at 1-800-760-2265 during customer care hours; and/or write us at:
Client Contact Center
600 James S. McDonnell Blvd
St. Louis, MO 63042
Any transfer(s) we have already processed before the requested cancellation date will be completed by us.
External Transfer Cancellation, Termination, or Suspension by Us, and Other Remedies for Breach
If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the External Transfer Service without prior notice; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the External Transfer Service for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Waiver of Class Action Claims
Both parties agree to waive any right to assert any dispute or claim against the other party or any intended third party beneficiary arising under or relating to this Agreement as a class action.
Release
If you have a dispute with one or more users of the Site or the External Transfer Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such dispute. In addition, you waive and release any and all provisions, rights and benefits conferred either (i) by § 1542 of the California Civil Code, which reads: "Section 1542. General release; extent. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor;" or (ii) by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to § 1542 of the California Civil Code.
Intellectual Property
All marks and logos related to the External Transfer Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the External Transfer Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the External Transfer Service, the portion of the Site through which it is offered, the technology related to the Site and the External Transfer Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or the External Transfer Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
Links and Frames
Links to other sites may be provided on the portion of the Site through which the External Transfer Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the External Transfer Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
Definitions
In this Agreement, the following terms have the following meanings or interpretations:
a."Account" means a checking, money market or savings account.
b."Affiliates" means companies related by common ownership or control.
c."Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
d.“External Transfer Service” enables you to transfer funds between accounts you own at First Bank and accounts you own at other financial institutions.
e."Recipient Account" is the account to which your funds will be credited.
f."Sender" means the Transaction Account holder initiating a transfer through the External Transfer Service.
g."Service Provider" means companies that have been engaged to render some or all of the External Transfer Service to you.
h."Site" means the online banking website through which the External Transfer Service is offered.
i."Transaction Account" is the Account from which your funds will be debited, your External Transfer Service fees will be automatically debited, or to which funds will be returned.
j."Transfer Instruction" is the information provided by you to the External Transfer Service for a transfer of funds to a Recipient Account.
BILL PAY TERMS AND CONDITIONS
This Agreement does not alter the liability or obligations that currently exist between you and your Payees.
You are responsible for ensuring a sufficient available balance is in the Payment Account when we withdraw the payment amount from your account. If your Payment Account does not have a sufficient available balance, including any available credit from your Preferred Credit personal line of credit associated with your Payment Account, you understand that First Bank may not act on your Payment Instructions, unless you have Overdraft Privilege. If your Payment Account participates in the Overdraft Privilege service First Bank may, at its discretion, act on your Payment Instructions according to the guidelines of the Overdraft Privilege service. An insufficient funds fee will be assessed to your Payment Account if we overdraw it to pay a Bill Payment item. If we decline to overdraw your Payment Account that participates in the Overdraft Privilege service, you understand that First Bank will not act on your Payment Instructions.
If a bill payment is not made because of insufficient funds, it will be your responsibility to reschedule the payment. It is your responsibility to verify that payment has been made. First Bank will not be responsible for late fees, finance charge, penalties or default.
You agree to notify us promptly if you receive notice from a Payee that a payment you made using Bill Payment has not been completed or remains unpaid.
You agree to verify your creditor applies the payment issued through Bill Payment properly.
Bill Payment Definitions
"Agreement" means these terms and conditions of Bill Payment, together with the User Agreement.
"Bill Payment" means First Bank's online bill payment service, as described in these Terms and Conditions.
"Business Day" is every Monday through Friday, excluding Federal holidays.
"Deliver By Date" is the day you want your Payee to receive your bill payment. It is also the day your Payment Account will be debited, unless the Deliver By Date falls on a non-Business Day in which case it will be considered to be the previous Business Day. The deliver by date is the due date shown on your Payee statement. It is not the late date or grace period.
“Payee" is the person or entity to which you wish a Bill Payment to be directed or the person or entity from which you receive electronic bills, as the case may be.
"Payment Account" is the checking account from which Bill Payments will be debited.
"Payment Instruction" is the information provided by you to First Bank in connection with a Bill Payment to be made to a Payee (such as, but not limited to, Payee name, Payee account number, and Deliver By Date).
"Scheduled Payment" is a payment that has been scheduled through Bill Payment but has not begun processing.
Eligible Accounts
In order to register for and use Bill Payment, you must have an established Checking or Money Market account with First Bank. Other deposit accounts, such as Savings, CD and IRA accounts are not eligible for Bill Payment.
Payment Scheduling
The earliest possible Deliver By Date for each Payee will be indicated in Bill Payment when you are scheduling a payment. You must select a Deliver By Date that is no earlier than the earliest possible Deliver By Date and no later than the Due Date reflected on your Payee statement. If the Due Date falls on a non-Business Day, you must select a Deliver By Date that is at least one (1) Business Day before the Due Date. (Deliver By Dates must be prior to any late date or grace period.)
There are restrictions on the kinds of transfers or withdrawals you may make out of a Money Market account. Please see your Deposit Account Agreement for details.
First Bank will use reasonable efforts to make all your payments properly. However, First Bank shall incur no liability if First Bank is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of First Bank, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of any overdraft account you are entitled to draw against;
2. The payment processing center is not working properly and you know or have been advised by First Bank about the malfunction before you execute the transaction;
3. You have not provided Bill Payment with the correct payment account information, or the correct name, address, phone number, or account information for the Payee;
4. Circumstances beyond the control of First Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and First Bank has taken reasonable precautions to avoid those circumstances;
5. An Exception Payment is made (see below) and/or,
6. The occurrence of any of the conditions described in "Our Right to Delay or Reject Transactions" in the Agreement.
If none of the foregoing exceptions are applicable and Bill Payment fails to comply with your Payment Instructions, First Bank's sole liability to you shall be to correct an error.
Expedited Payments
Expedited payments are delivered faster than standard bill payments. Not all Payees qualify for expedited payments. Qualifying Payees will be identified at the time the expedited payment is initiated. The payment methods to remit an expedited payment are by expedited electronic or overnight check. Not all expedited payment methods may be available for all Payees. For on-time delivery of overnight check payments, you must enter the overnight check address for the selected Payee. There are fees associated with expedited payments, which will be disclosed at the time you initiate the payment.
Payment Authorization and Payment Remittance
By providing First Bank with the names and account information of Payees, you authorize First Bank to follow the Payment Instructions that it receives through Bill Payment. In order to process payments more efficiently and effectively, First Bank may edit or alter payment data or data formats to meet Payee requirements for proper credit.
You authorize First Bank to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to your chosen Deliver By Date. You also authorize First Bank to credit your Payment Account for Bill Payment payments returned to First Bank for any reason and for payments remitted to you on behalf of another authorized user of Bill Payment.
Payment Methods
First Bank reserves the right to select the method by which to remit payment to your Payee. Payment methods may include, but may not be limited to, an electronic payment or a draft payment (in which case funds remitted to the Payee are deducted from your Payment Account when the draft is presented to your financial institution for payment).
Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (including recurring payments) that has not yet been processed by following the directions within Bill Payment. There is no charge for canceling or editing a Scheduled Payment. Once Bill Payment has begun processing a payment it cannot be cancelled or edited: a stop payment request must be submitted.
Stop Payment Requests
If you want to attempt to stop any payment that has already been processed, you must contact the Client Contact Center. First Bank requires a reasonable opportunity to act on any stop payment request after a payment has been processed. First Bank's ability to process a stop payment request will depend on the payment method and whether or not a payment has cleared. Although First Bank will make a reasonable effort to accommodate your request, First Bank will have no liability for failing to do so. First Bank may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
Prohibited Payments
Payments to Payees at addresses outside of the United States or its territories may not be made through Bill Payment.
Exception Payments
Tax payments and court ordered payments should not be scheduled through Bill Payment. If you choose to make such payments through Bill Payment, they will be made at your own risk. All research and resolution for any misapplied, mis-posted or misdirected payments of these types will be solely your responsibility. In no event shall First Bank be liable for any claims or damages resulting from your scheduling of these types of payments.
Bill Delivery and Presentment
This feature enables you to receive certain bills electronically ("Bill Presentment"). It is solely your responsibility to contact your Payees directly if you do not receive your statements. It is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. If you elect to activate one of Bill Payment's electronic billing options, you also agree to the following:
Activation
Upon activation of Bill Presentment, First Bank may notify the Payee of your request to receive electronic billing information. The timing of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Payees with billing cycles less often than monthly may take longer.
Information provided to the Payee
Bill Payment is unable to send any updates or changes in your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, to any Payee. You must make such changes by contacting the Payee directly. You are also responsible for all usernames and passwords used to access the websites of your electronic Payees. You agree not to use someone else's information to gain unauthorized access to another person's bill. You authorize First Bank, at the request of the Payee, to provide the Payee your e-mail address, service address, or other data specifically requested by the Payee at the time of activating the electronic bill for that Payee, for purposes of the Payee informing you about Bill Payment and/or bill information.
Authorization to Obtain Bill Data
Your activation of the electronic bill feature for a Payee shall be deemed to be your authorization for us to obtain bill data from the Payee on your behalf. Some Payees will ask you to provide us with your user name and password for that Payee. By providing us with such information, you authorize us to use the information to obtain your bill data.
Notification
The timing of Bill Presentment may vary from Payee to Payee. First Bank will use reasonable efforts to present to you all of your electronic bills promptly. You must periodically log on to Bill Payment and check for new Bill Presentments. You are responsible for ensuring timely payment of all bills.
Cancellation of Bill Presentment
Each electronic Payee reserves the right to cancel its Bill Presentment at any time. You may use Bill Payment to cancel electronic Bill Presentment at any time. The time required to cancel Bill Presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. Payees with billing cycles less often than monthly may take longer. First Bank will notify your electronic Payee(s) as to the change in status of your account, but it is solely your responsibility to make arrangements for an alternative form of bill delivery. First Bank will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of Bill Presentment(s)
You agree to hold First Bank harmless should the Payee fail to deliver your bill(s). You are responsible for ensuring timely payment of all bills. Copies of previous bills must be requested from the Payee directly.
Accuracy and Dispute of Bill Presentment Contents
First Bank is not responsible for the accuracy of the contents of your Bill Presentment(s). Any discrepancies or disputes regarding the accuracy of your Bill Presentment contents must be addressed with the Payee directly.
Closing your account
If you close the Payment Account, First Bank reserves the right to cancel all payments to be made from that account. It is your responsibility to delete payments scheduled from accounts you are closing and re-establish payments with a new account you open.
Returned Payments
In using Bill Payment, you understand that Payees and/or the United States Postal Service may return payments to First Bank for various reasons such as, but not limited to: an invalid Payee address; an invalid Payee account number; the Payee’s inability to locate the account; or the Payee’s account is paid in full. First Bank, at its option, will either use reasonable efforts to research and correct a returned payment and return it to your Payee, or void the payment and credit your Payment Account.
Bill Payment Fees and Additional Charges
There is no monthly charge for the Personal Bill Payment service.
For Personal Bill Payment services, there may be a charge for transactions and other optional services. These fees will be disclosed in Bill Payment at the time you request the transaction or service. If you do not wish to pay the fee, you will be given the opportunity to cancel the requested transaction. These fees and any additional charges that may be incurred by you will be deducted from the account for which Bill Payment was provided. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
Failed or Returned Transactions Failed or Returned Transactions
In using Bill Payment, you are requesting First Bank to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return or failed notice from First Bank. In such case, you agree that:
1. You will reimburse First Bank or its vendor immediately upon demand the amount of the transaction that has been returned to the First Bank or that has failed;
2. If any amount is not reimbursed to First Bank or its vendor within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
3. You will reimburse First Bank or its vendor for any fees imposed as a result of the return or failure;
4. You will reimburse First Bank or its vendor for any fees it incurs in attempting to collect the amount of the return or failure from you; and,
5. First Bank and its vendors are authorized to report the facts concerning the return to any credit reporting agency.
If an electronic payment is returned for insufficient or uncollected funds, your Payment Account and other Eligible Accounts will be blocked from further Bill Payment use for a three day period. While your Payment Account is blocked any Scheduled Payments will be cancelled and it will be your responsibility to make alternate payment arrangements. If a second attempt to make the electronic payment occurs and there are sufficient funds in the Payment Account to complete the transaction, the block will be removed and Scheduled Payments will resume. Blocking of your Eligible Accounts with other owners, who also have established Bill Payment will not affect the other owners’ Scheduled Payments. If electronic payments are returned for reasons other than insufficient or uncollected funds, your Payment Account and other Eligible Accounts may be permanently blocked, depending on the reason for the return of the electronic payment.
Bill Payment Termination, Cancellation, or Suspension
In the event you wish to cancel Bill Payment, you may contact customer service via one of the following:
1. Telephone us at 1-800-760-2265 during customer service hours; and/or
2. Write us at:
Client Contact Center
600 James S. McDonnell Blvd
St. Louis, MO 63042
First Bank shall have a reasonable time to act upon any requested cancellation. Any payment(s) Bill Payment has already processed will be completed by Bill Payment. All scheduled payments, including recurring payments will not be processed once Bill Payment is cancelled. First Bank may terminate or suspend Bill Payment to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Payee Limitation
First Bank reserves the right to refuse to pay any Payee to whom you may direct a payment. First Bank will notify you promptly if it decides to refuse to pay a Payee designated by you. However, if you attempt to make a prohibited payment or an exception payment under this Agreement, First Bank is not obligated to provide such a notice.
Information Authorization
Your enrollment in Bill Payment may not be completed if First Bank cannot verify your identity or other necessary information. You agree that First Bank reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that First Bank reserves the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification).
Cancellation of eBanking Service
To cancel your eBanking Service use messaging through “Contact Us” in eBanking or send us written notification, with your signature, to:
Client Contact Center
600 James S. McDonnell Blvd
St. Louis, MO 63042
Such termination shall only be effective after we have had a reasonable amount of time to act upon the request or written notice of such termination or such later date as is specified in that notice.
Survival
The sections entitled "Indemnification; Limitations on Bank's Liability" and "Disclaimer of Warranty and limitation of Liability" shall survive termination of this Agreement.
Severability
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.
Assignment
You may not assign this Agreement to any other party. First Bank may assign this Agreement to any directly or indirectly affiliated company. First Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
No Waiver
First Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by First Bank. No delay or omission on the part of First Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
Entire Agreement
This Agreement (including the Supplements found elsewhere in eBanking, as the same may be amended from time to time), is the complete agreement between you and us with respect to the subject matter hereof and supersedes any prior agreements, statements, negotiations and understandings between you and us with respect to such subject matter. In the event of any inconsistency between the terms of this Agreement and any agreement governing an account of yours, the terms of this Agreement shall govern. In the event performance of the services provided herein in accordance with the terms of this Agreement would result in a violation of any present or future statute, regulation or government policy to which First Bank is subject, and which governs or affects the transactions contemplated by this Agreement, then this Agreement shall be deemed amended to the extent necessary to comply with such statute, regulation or policy, and we shall incur no liability to you as a result of such violation or amendment. No course of dealing between you and us will constitute a modification of this Agreement or the security procedures utilized in connection with eBanking or constitute an agreement between you and us.
Binding Agreement; Benefit
This Agreement shall be binding upon and inure to the benefit of you and us and our respective legal representatives, successors and assigns. This Agreement is not for the benefit of any other person, and no other person shall have any right against you or us hereunder.
Miscellaneous
You agree that this Agreement is the complete and exclusive statement of the agreement between you and First Bank which supersedes any proposal or prior agreement, oral or written, and any other communications between you and First Bank relating to the subject matter of this Agreement. If there is a conflict between what an employee of First Bank or the Client Contact Center says and the terms of this Agreement, the terms of this Agreement will prevail. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Copyright © March 2018 First Bank