ONLINE BANKING, MOBILE BANKING, AND BILL PAYMENT AGREEMENT AND DISCLOSURE
First Arkansas Bank & Trust
P.O. Box 827
Jacksonville, AR 72078-0827
Customer Service Department:
Call Center available 24/7
PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY TRANSACTIONS.
This Online Banking Agreement and Disclosure (“Agreement”) governs your use of the Online Banking Services (“Service”) of First Arkansas Bank & Trust (“FAB&T”). By using our Service, you agree to all of the terms and conditions of this Agreement.
PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE ONLINE BANKING SERVICES OR INITIATING ANY TRANSACTIONS.
After you have carefully read this Agreement in its entirety and the linked Privacy Notice, you will be asked to accept the terms and conditions of this Agreement. When you accept these terms and conditions, you represent and warrant that you are an Authorized User acting with full authority, and that you are duly authorized to execute this Agreement. You should print and/or save a copy of this Agreement for your records. Updates to this Agreement will be sent electronically as further described within this Agreement.
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCEPTING, YOU ALSO CERTIFY THAT YOU ARE ABLE AND WILLING TO ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, SELECT THE DECLINE BUTTON.
ACH Origination – the creation of debit and credit entries to facilitate the transfer or placement of funds in another institution through the Automated Clearing House (ACH) network. The ACH network is a funds transfer system governed by the National Automated Clearing House Association (NACHA).
Agreement – terms and conditions of the Online Banking, Mobile Banking, and Bill Payment services.
Authorized User – any individual, Consumer, agent, Sub-user, Sub-User Administrator, or Business Customer whom you allow to use the Service or your password or other means to access your Eligible Account(s).
Bill Payment Service Provider – the contractor, sub-contractor or provider of our Bill Payment and Delivery services.
Biller – the person or entity to which you wish a Bill Payment to be directed or is the person or entity from which you receive electronic bills.
Billing Account – the checking account from which all Service fees will be automatically debited.
Business Day – every Monday through Friday, excluding Federal Reserve holidays.
Business Customer – anyone other than a Consumer who owns an Eligible Account with respect to which the Service is requested primarily for business purposes.
Business Day Cutoff – the cut-off time for posting purposes. The cut-off time for online transactions is based upon our Business Days and the Central Standard Time Zone. For posting purposes, we will process all transactions completed by 8:00 PM on the same business day for transfers to accounts with FAB&T. External transfers, which will have a cut-off time of 3:00 PM for same day transfers. Transactions completed after the cut-off time will be processed on the following business day. Bill Payment cut-off and scheduling times differ and are further detailed in the Agreement.
Consumer – a natural person who owns an Eligible Account at this Financial Institution and who uses the Service primarily for personal, family or household purposes.
Due Date - the date reflected on your Biller statement for which the Bill Payment is due. It is not the late date or grace period.
Eligible Accounts – any one of your account(s) to which we may allow access through the Service under this Agreement. Only a checking account may be eligible for Bill Payment privileges. We may make additional accounts available for Bill Payment services from time-to-time as allowed by law or our Bill Payment service provider. You may request Internet access to any account for which you are a signer or owner. If you or your Authorized Users desire features of the Service that allow you to initiate Bill Payments, transfers, ACH transactions or otherwise remove funds from an account, you must have the required withdrawal authority over the relevant Eligible Account(s) with us and keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.
Financial Institution – First Arkansas Bank & Trust (FAB&T).
Joint Accounts – Eligible Accounts added to the Service that are jointly held or have multiple signers, you agree that access to the information and all transactions initiated using your Username and password are authorized unless we have been notified to cancel the Service. In some cases, if your account(s) require two signatures for withdrawal, we may grant “view-only” privileges to your Eligible Account(s) through the Service.
Payment Account – the checking account from which Bill Payments will be debited. You must be a legal owner of any payment account registered for the Service.
Payment Instructions – the information provided by you to the Service for a Bill Payment to be made to the biller (such as, but not limited to, Biller name, Biller account number and Scheduled Payment Date).
Scheduled Payment – a Bill Payment that has been scheduled through the Service but has not begun processing.
Scheduled Payment Date – the day you want your Biller to receive your Bill Payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be the previous Business Day.
Service – Online Banking, Mobile Banking, Bill Payment and Delivery services offered by FAB&T through its Service Providers.
Service Guarantee – the amount this Financial Institution’s Service Providers will bear responsibility for in accordance with the terms and conditions of this Agreement should a Bill Payment post after its Due Date.
Service Provider – any agent, licensor, independent contractor or sub-contractor that FAB&T may involve in the provision of the Service.
You and Your – as used within this Agreement, “you” and “your” refer to the person enrolling in the Service, owner of the Eligible Account(s), Business Customer, Sub-User Administrator as well as any Authorized Users that such person allows, subject to the parameters of multiple user access as set forth within the Service.
We, Us, or Our – as used in this Agreement, refer to FAB&T and any agent, independent contractor, Service Provider, sub-contractor, licensor, designee or assignee that FAB&T may involve in the provision of the Service.
In order to enroll in the Online Banking Service:
- You must have an Eligible Account with this Financial Institution.
- Your account with us must be in good standing.
- You must be eighteen (18) years of age or older.
- You must be a resident of the United States or its possessions.
Prior to enrolling in the Online Banking Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Service and to retain a copy of this Agreement.
If we revise hardware or software requirements and if there is a material chance that the changes may impact your ability to access the Online Banking Service, we will give you advance notice of these changes and provide you an opportunity to cancel the Service and/or change your method of receiving electronic disclosures (e.g. change to paper format vs an electronic format) without the imposition of any fees.
We may deliver amendments to this Agreement and other disclosures to you in an electronic format. Other disclosures may include: monthly account statements, deposit account disclosures, notices regarding changes in account terms and fees, and privacy notices.
WITH YOUR ACCEPTANCE BELOW, YOU AGREE TO ACCEPT THIS AGREEMENT AND OTHER ONLINE BANKING RELATED DISCLOSURES IN AN ELECTRONlC FORMAT. YOU ALSO AGREE AND REPRESENT THAT YOU HAVE THE NECESSARY EQUIPMENT FOR ACCESSING THE ONLINE BANKING SERVICE AND FOR VIEWING ELECTRONIC DISCLOSURES.
In addition, you can request paper copies of documents through the Online Banking Service. Fees will be disclosed in our fee schedule and/or at the time of your request. Additional fees for paper copies of account statements may be imposed depending on the type of account you have and/or the reason and frequency of your requests for paper copies. You should print or save a copy of all disclosures delivered electronically.
The basic features currently available through the Service include:
- Online transactional detail and history
- Account inquiries for balances, etc.
- Access to monthly account statements
- Transfers between your accounts at FAB&T
- Secure messages via the Service’s messaging system
- Secure file transfers
- View loan balances
- Payments to loans at FAB&T
- Online check orders
- Change of address
- Stop payments on checks that you have written
- Transaction downloads
Bill Payment and Mobile Deposit Services are optional. You can request these additional privileges in the online enrollment process and/or you can add these services later. Bill Payment customers also have access to electronic Bill Presentment or Bill Delivery.
We may add or remove certain features and/or functionality available from time to time. You can use the Service 24/7, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.
Stop payment request received through the Service will generally be processed within one (1) to two (2) Business Days. Therefore, if your request is urgent, we recommend that you contact our 24/7 Call Center directly via telephone or visit one of our branches in person.
There is a stop payment fee associated with this feature. Please refer to our fee schedule for additional information or contact us at 800-982-4511. Additional terms of acceptance or disclosures may apply on the stop payment service and these disclosures will be made available at the time you complete the request. Additional information on stop payments is available within the Service.
We also offer a direct link for check reorders. This link will securely submit your reorder request directly to the check printer. There may be additional fees associated with some of these services. Fees will be disclosed in our fee schedule and/or at the time of your request.
The submission of requests, such as these will generate a secure email to FAB&T. Generally, requests received through the Service’s secure messaging feature will be processed within one (1) to two (2) Business Days. For urgent requests, we recommend you contact our 24/7 Call Center.
Additional online features are currently available for Business Customers which include:
- ACH Credit and Debit Origination
- NACHA Imports
- Wire Transfer Requests
- Balance Reporting
- Positive Pay
These features may be subject to additional terms and conditions. We may add or remove certain features and/or functionality from time to time. Business Customers interested in these services should contact us for additional information.
The Online Banking and Bill Payment Services are provided to our customers at no monthly charge. Additional charges may apply for services such as ACH Origination or Wire Transfers. These fees may vary and are subject to separate agreements.
Any applicable fees may be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated billing account for these amounts and any additional charges that may be incurred by you. Any financial 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, mobile device carrier, and/or Internet service provider.
You must complete the enrollment process to use the Service. You can enroll for the Service on our website or you can enroll in any of our offices. The Internet enrollment process involves completing a secure online application that we will use to verify your identity. You will also choose your Username and Password during the enrollment process. You will have view-only access until your self-enrollment is approved.
When you enroll for the Service, you agree to provide true and accurate enrollment information. Our Customer Service Department will verify the information you submit for accuracy and proper authorizations. You may begin using the Service after we process the application (normally within one (1) to two (2) Business Days).
Business Customers interested in the commercial features of the Service should contact us directly at 800-982-4511 or you may send us a secure message through the Service.
Once you enroll in the Online Banking Service, there is no additional enrollment process to utilize a mobile device.
When you first enroll for the Basic Online Banking Service, we will link all of your designated Eligible Accounts to one Username. If you want to limit the accounts linked or the privileges assigned to an account, please contact us at 800-982-4511 or send us a secure email message through the Service.
With the exception of sole proprietors, Business Customers may not link personal Consumer accounts to the Service.
When any online transfer, ACH, or other Payment Instruction is initiated through the Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you. Requirements for dual signatures on checks, if applicable, do NOT apply to Bill Payments or other transfers initiated through the Service. Any Authorized User must be authorized individually to make electronic transfers and online Bill Payments even though that person’s authority to make transfers by other means may still require dual signatures.
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cut-off time to be effective the same Business Day.
The balances within the Service are updated periodically and the Service will display the most current “as of” date on the “accounts” summary page. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for account transfers.
You cannot cancel a transfer after it has been entered into the system, and the information has been processed and/or transmitted to us through the Service; however, you can edit or change a transfer that is still pending. For Business Customers, the term “transfers" also includes ACH and wire transactions.
In order to cancel or change a pending transfer that has not been submitted to us for processing, use the following procedures:
- Log in and make edits to the appropriate transaction.
- Edits must be made before cut-off time for transactions to be processed the same Business Day.
- You may edit a pre-scheduled (future dated/automatic) transaction any time before cut-off time on the Business Day before the scheduled transfer or payment date.
- For transfers, you can change the transfer amount to $0.00.
- If you accidentally transfer funds, you can schedule another transfer to move funds to back to the original account.
For Business Customers, additional guidance on creating, canceling, editing ACH and wire transactions is available within the Service and from our Customer Service Department. Business Customers may edit, delete, or cancel wire transfers or ACH transactions prior to the effective date. After cut-off time, if changes are necessary, we may not have sufficient time to stop such transactions from further processing. Separate agreements may detail the required time-frames for submitting and making changes to these types of transactions. For assistance, you can send us a secure email through the Service or call our Customer Service Department.
If you need our assistance on making edits to automatic/future dated transfers, you can send us a secure email through the Service; however, we must receive your request three (3) Business Days or more before the transaction is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after the call.
15. Bill Payment and Transfer Limitations
You may use the Service to check the balance of your Eligible Account(s) and to transfer funds among your Eligible Accounts at FAB&T. You must have sufficient funds in your account to cover the amount of any online transfers and Bill Payments on the scheduled payment date set for the transaction, or the transaction may not be processed. NSF and/or overdraft charges may be incurred if Bill Payments exceed your account balance. Please refer to your original account agreement for excessive activity fees that may apply.
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the Service when you are scheduling the Bill Payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller.
When scheduling Bill Payments, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
B. The Bill Payment Service Guarantee
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. Except as expressly stated otherwise within this Agreement, this Financial Institution and/or its Service Providers will bear the responsibility for any late payment related charges up to $50.00 should a Bill Payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Bill Payment Scheduling” in this Agreement.
By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize us to follow the Payment Instructions received through the Service. In order to process payments more efficiently and effectively, our Service Provider may edit or alter payment data or data formats in accordance with Biller directives. When the Service receives a Payment Instruction, you authorize our Bill Payment Service Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize our Service Provider to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another Authorized User of the Service.
Our Bill Payment Service Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment or an electronic-to-check payment.
You may cancel or edit any Scheduled Payment (if processing has not begun) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a Scheduled Payment, it cannot be cancelled or edited. Therefore, a stop payment request must be submitted as described within this Agreement.
The ability of this Financial Institution and its Service Provider to process a stop payment on a Bill Payment request will depend on the payment method and whether or not a check has cleared. We may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your stop payment request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set forth in our applicable fee schedule.
In using the Service, you understand that Billers and/or the United States Postal Service may return Bill Payments to our Service Provider for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. Our Service Provider will use its best efforts to research and correct the returned payment and return it to your Biller or void the payment and credit your Payment Account. You may receive notification from the Service of returned payments.
Requests for Bill Payment privileges may not be fulfilled if this Financial Institution and/or its Service Provider(s) cannot verify your identity and withdrawal authority over the specified accounts. Through your enrollment in the Bill Payment Service, you agree that this Financial Institution and its Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that this Financial Institution and its Service Providers reserve the right to obtain financial information regarding your account from a Biller or your Financial Institution (for example, to resolve payment posting problems or for verification).
Payments to Billers outside of the United States or its territories are prohibited through the Service.
Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and are scheduled at your own risk. In no event shall this Financial Institution or its Service Provider(s) be liable for any claims or damages resulting from your scheduling of these types of payments. The Bill Payment Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. Research of exception payments shall be limited to proof of payment and/or unauthorized payments only. All other research and resolution for any misapplied, mis-posted or misdirected exception payments will be your sole responsibility.
We reserve the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
In using the Service, you are requesting us 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 and/or Bill Pay access may be revoked. In some instances, you will receive a return notice from the Service. In such case, you agree that:
- You will reimburse our Service Provider immediately upon demand the transaction amount that has been returned.
- For any amount not reimbursed to the Service Provider within fifteen (15) days of the initial notification, a late charge may be assessed each month against unpaid amounts equal to 1.5% or the legal maximum, whichever rate is lower.
- You will reimburse our Service Provider for any fees, it may incur in attempting to collect the amount of the return from you.
- Our Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Payment Service’s electronic bill options, you also agree to the following:
We are unable to update or change your personal or business information such as, but not limited to, name, address, phone numbers and email addresses, with the electronic Biller. Any changes will need to be made by you; contact the Biller directly. Additionally, it is your responsibility to maintain all Usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s or company’s bill.
Our Service Provider may, at the request of the Biller, provide to the Biller your email address, Service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Upon activation of the electronic bill feature, our Service Provider may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Our Bill Payment Service Provider will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, our Service Provider may send an email notification to the email address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may also cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. Our Bill Payment Service Provider will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
You agree to hold harmless, this Financial Institution and its Service Providers should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Neither this Financial Institution, nor its Service Providers are responsible for the accuracy of your electronic bill(s). This Financial Institution and its Service Providers are only responsible for presenting the information received from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly. This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our Privacy Notice before completing the enrollment process for the Service.
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
- To consulting firms, in an aggregate non-personally identifiable format, for research and product improvement purposes only;
- In order to comply with a governmental agency or court orders;
- If you give us your written permission.
Please refer to our Privacy Notice for additional detail on disclosure of account information.
Your wireless carrier's standard messaging rates apply to SMS correspondence. FAB&T does not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. You represent that you are the owner, or authorized user of the wireless device you use to receive the service, and that you are authorized to approve the applicable charges.
We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at any time to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete a form online, or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
The service as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality. We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
The Online Banking Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Service, our Customer Service Department will verify your identity and authorization against information associated with the Eligible Account(s) that you request to be linked to the Service.
Usernames and Passwords – One of the main security features protecting the Service is the unique combination of your Username and Password. During the enrollment process, you will be asked to select a unique Username, and then choose a Password that will be used to gain access to the Service. You determine your own Password, which is encrypted in our database. Neither this Institution nor its Service Providers have access to this information. The Service will automatically deactivate your account after three unsuccessful login attempts. You may reset your password online or you may contact this Institution for assistance.
Because your Password is used to access your accounts, you should treat it as you would any other sensitive personal data.
- You should carefully select a Password that is hard to guess.
- You should NOT use words based on your name, address or other personal information.
- Special characters may be used to increase security.
- Do NOT use dictionary words.
- Keep your Password safe.
- Memorize your Password and do NOT write it down.
- You should also change your Password occasionally, such as every 90 days.
- A Password should be changed immediately if you suspect that your Password has been compromised. This can be done at any time from the “Profile” menu after you log on to the Service.
NEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS WILL CONTACT YOU VIA TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, YOUR USERNAME, OR YOUR PASSWORD. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT IMMEDIATELY.
Encryption – The Online Banking Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using Online Banking. Your browser automatically activates this technology when it attempts to connect to our Service. The Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement. Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a pad lock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.
Certificate Authority – The servers hosting the Online Banking Service have been certified by a Certificate Authority to assure you that you are actually talking to the Service instead of someone pretending to be us. If you are using an older browser, such as anything prior to versions 4.0 on Netscape Navigator or Internet Explorer, you will see that the Certificate Authorities key may have expired; you will need to update your browser. Instructions for upgrading your browser are located on the Browser SSL Update link, which is located on the Service login page. By clicking on the lock with in the Service, you can view the certificate to ensure it is valid.
Cookies – During your use of the Online Banking Service, our Online Banking Service Provider will pass an encrypted cookie to your computer in order to identify your computer during the session. This cookie enables us to process multiple transactions during the session without having to provide a Username and Password for each individual transaction. Users must accept this cookie to use the Service. This cookie does not contain any personal information; it simply provides another level of security for our Online Banking product. The cookie is stored on your computer's hard-drive, identifying your computer while you are logged on. When you log off, close your browser or turn off your machine, the cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account.
Multi-Factor Authentication – We use multi-factor authentication (or enhanced security) to help prevent unauthorized access to your accounts. As part of our enhanced security solution we may ask you to select security questions which may be used to help verify your identity in the event unusual login. We may also send you a Login Security Code which can be used to help authenticate your login or transaction requests.
Additional Security Guidelines:
- Biometric authentication features add an additional layer of security.
- AII Authorized Users should sign-off after every Service session; however, online sessions will automatically end after a specific amount of time of inactivity. This is to protect you in case you accidentally leave your computer unattended after you log-in.
- The security of public computers (e.g. in a library. or Internet cafe) cannot be assured; therefore, we recommend that you refrain from accessing the Service on a public computer.
- Routinely scan your computer, servers, and electronic media using a reliable virus detection product. Undetected or un-repaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit a virus to other computers.
- Use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
- Periodically update your computer operating system and browser for critical security related patches. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Service.
When you accept the terms and conditions of this Agreement, you agree not to give or make available your Password or other means to access your account to any unauthorized individuals. You are responsible for all transfers and Bill Payments you authorize using the Service. IF YOU PERMIT OTHER PERSONS TO USE THE SERVICE, YOUR PASSWORD, OR OTHER MEANS TO ACCESS YOUR ACCOUNT, YOU ARE RESPONSIBLE FOR ANY TRANSACTIONS THEY AUTHORIZE. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by calling 800-982-4511. You can also contact us by sending a secure message through the Service.
IF YOU OR YOUR AUTHORIZED USERS DISCLOSE YOUR PASSWORD TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE YOUR PASSWORD TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE SERVICE BY THEM (E.G., SUCH AS WHEN YOU PROVIDE THIS INFORMATION TO A JOINT ACCOUNT HOLDER, AN EMPLOYEE, AND/OR AN AGGREGATION SERVICE PROVIDER SUCH AS QUICKEN OR MICROSOFT MONEY).
In addition to the security features described above, there may be other security related notices posted on our website.
We will use commercially reasonable efforts to make all your transfers and payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if the Service is unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable).
- The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction.
- You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller.
- Your Eligible Account(s), including either your Payment Account or Billing Account, is closed.
- If your computer, software, telecommunication lines were not working properly, and this problem should have been apparent to you when you attempted the transfer or Bill Payment.
- It can be shown that the Biller received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours.
- The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal.
- We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary.
- Circumstances beyond control of the Service, our Service Providers, and this Financial Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Biller, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
Information regarding Online Banking and Bill Payment transactions will be reflected on the account detail in the Service and in your regular monthly account statement(s).
24. Provisions Applicable Only to Consumer and Sole Proprietors Deposit Accounts
In case of errors or questions about your electronic transactions, you should notify us as soon as possible through one of the following methods:
- Telephone us at 800-982-4511.
- Contact us by using the secure messaging feature within the Service.
- Write to us at P.O. Box 827 Jacksonville, AR 72078-0827.
If you think your statement is incorrect or you need more information about an electronic transfer or Bill Payment transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
- Tell us your name, relevant service account number(s), and Username.
- Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your account.
For errors regarding electronic transactions on new consumer accounts, we may take up to ninety (90) days to investigate your complaint or question. We may take up to twenty (20) Business Days to credit a new account for the amount you think is in error.
If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
Tell us IMMEDIATELY if you believe your Username or Password has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit if applicable). If consumer customers tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay), prevented you from telling us, we may extend the period.
The Service will allow Business Customers to establish individual Usernames, Passwords, and privileges for each Authorized User. Transaction history is maintained for each Access ID. Additional fees may be assessed for each Username.
BUSINESS CUSTOMER(S) WILL BE SOLELY RESPONSIBLE FOR DESIGNATING AUTHORIZED USERS AND ASSIGNING PRIVILEGES WITHIN THE SERVICE.
As a security measure, Business Customers should evaluate and implement the dual control features within the Service for Ach Origination and wire transfers.
Authorized Users of Business Customers who have been approved for ACH Origination privileges may edit, delete, or “un-approve” ACH transactions prior to the scheduled date for the transaction. Separate agreements will detail the required time-frames for submitting and making changes to the ACH transactions.
If ACH batch transactions have been approved and submitted to us for processing, you must contact us immediately if any changes are necessary after the designated cut-off time. In these situations, we may not have sufficient time type to stop the transactions from processing before the schedule payment date.
BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S AUTHORIZED USERS AND SUB-USERS HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE INTERNET BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE INTERNET BANKING SERVICE BY IT OR ON IITS BEHALF.
BUSINESS CUSTOMER AUTHORIZES THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF ANY AUTHORIZED USER(S).
FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER.
BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE INTERNET BANKING SERVICE OR ELIGIBLE ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER.
YOU AGREE THAT THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, INCLUDING EMAILS, TO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, WHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. YOU FURTHER AGREE THAT FAB&TAND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, EITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. IN ADDITION, YOU AGREE TO:
- REQUIRE ALL AUTHORIZED USERS TO KEEP PASSCODES SECURE AND STRICTLY CONFIDENTIAL;
- IMMEDIATELY NOTIFY US AND SELECT A NEW PASSCODE IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSCODES MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON.
WE MAY DISABLE PASSCODES OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU, IF WE SUSPECT PASSCODES ARE BEING USED IN AN UNAUTHORIZED OR FRAUDULENT MANNER.
BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR THE DEVELOPMENT AND IMPLEMENTATION OF ALL COMMERCIALLY REASONABLE SECURITY PROCEDURES TO PROTECT THEIR COMPUTER SYSTEMS USED TO ACCESS THE INTERNET BANKING SERVICE.
FAB&T AND ITS SERVICE PROVIDERS SHALL HAVE NO OBLIGATION, LIABILITY OR CONTROL, EITHER DIRECTLY OR INDIRECTLY CONCERNING THE BUSINESS CUSTOMERS’ SELECTION OF SECURITY SYSTEMS OR DEVICES USED TO PROTECT ITS COMPUTER SYSTEM(S). FURTHERMORE, NEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS SHALL HAVE CONTROL OVER BUSINESS CUSTOMERS’ DEVELOPMENT OR IMPLEMENTATION OF SAID SECURITY PROCEDURES OR THE FAILURE OF BUSINESS CUSTOMER TO MAINTAIN SAID PROCEDURES.
BUSINESS CUSTOMERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO THE INTERNET BANKING SERVICE USING A VALID ACCESS ID AND PASSCODE.
WHEN YOU ACCEPT THIS AGREEMENT AND USE THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE INCLUDES SECURITY MEASURES WHICH ARE COMMERCIALLY REASONABLE.
YOU AGREE TO BE BOUND BY OUR SECURITY PROCEDURES AND INSTRUCTIONS, WHICH MAY BE PERIODICALLY UPDATED. YOU AGREE TO REVIEW AND IMPLEMENT ALL SECURITY PROCEDURES AVAILABLE IN CONNECTION WITH THE ONLINE BANKING SERVICE, INCLUDING PROCEDURES TO PROTECT THE CONFIDENTIALITY OF YOUR ACCESS ID AND PASSCODE AND THE SAME FOR YOUR AUTHORIZED USERS. YOU AGREE TO NOTIFY THIS FINANCIAL INSTITUTION IN THE EVENT THAT YOUR USE OF THE ONLINE BANKING SERVICE WOULD NECESSITATE OR BE BETTER SERVED BY A LEVEL OF SECURITY THAT EXCEEDS THAT OFFERED BY THE ONLIE BANKING SERVICE. IF YOU FAIL TO NOTIFY FAB&T, YOU ACKNOWLEDGE AND AGREE THAT THE SECURITY ASPECTS OF THE ONLINE BANKING SERVICE ARE APPROPRIATE FOR YOUR NEEDS AND WILL PROVIDE YOU WITH A COMMERCIALLY REASONABLE DEGREE OF SECURITY AGAINST UNAUTHORIZED USE.
In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:
- Telephone us at 800-982-4511 during customer service hours.
- Write us at: P.O. Box 827, Jacksonville, AR 72078-0827.
You must notify us of errors, discrepancies, or possible unauthorized payments as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days after you have received notice of an unauthorized or erroneous transfer or Bill Payment, FAB&T will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction. FAB&T and its Service Providers shall have no liability to you for any unauthorized payment or transfer made using your password that occurs before you have notified us of any possible unauthorized use, and we have had a reasonable opportunity to act upon that notice. If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting any such discrepancy against us.
FAB&T AND ITS SERVICE PROVIDERS WILL BE DEEMED TO HAVE EXERCISED ALL DUE CARE AND TO HAVE ACTED REASONABLY IF WE ACT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND WILL BE LIABLE FOR LOSS SUSTAINED BY YOU ONLY TO THE EXTENT SUCH LOSS IS CAUSED BY OUR MISCONDUCT. FAB&T AND ITS SERVICE PROVIDERS WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE:
- RELATED TO THE DISHONESTY OF THE BUSINESS CUSTOMER’S EMPLOYEES, OFFICERS, AGENTS, OR AUTHORIZED USERS.
- RESULTING FROM ANY RECEIVING FINANCIAL INSTITUTION’S FAILURE TO ACCEPT ANY PAYMENT OR FUNDS TRANSFER REQUEST.
- RESULTING FROM ANY DELAY IN THE PERFORMANCE OF THIS AGREEMENT, WHICH IS CAUSED BY AN ACT OF GOD, FIRE OR OTHER CASUALTY, ELECTRICAL OR COMPUTER FAILURE, DELAYS OR FAILURE TO ACT BY ANY CARRIER, MEDIUM, OR AGENT OPERATING BETWEEN FAB&T AND THIRD PARTIES, OR ANY OTHER CONDITION OUTSIDE OF OUR CONTROL.
If FAB&T and/or its Service Providers fail or delay in making a Bill Payment pursuant to your Payment Instruction, or if we make a payment in an erroneous amount which is less than the amount per your Payment Instruction, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you canceled the Payment Instruction. We may pay such interest either to you or the intended recipient of the payment, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment in an erroneous amount which exceeds the amount per your Payment Instruction, or if we permit an unauthorized payment after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (60) days interest.
If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district nearest to FAB&T for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against FAB&T and its Service Providers under this Agreement. The terms of this section will survive termination of this Agreement.
Business Customer and its Authorized Users will defend, indemnify and hold harmless FAB&T and its Service Providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (i) the processing of any request received by FAB&T through the Service; (ii) any breach of the provisions of this Agreement; (iii) any request for stop payment; (iv) any dispute between you and any third party in connection with the use of the Service; and (v) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney's fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.
This Agreement, applicable fees and service charges may be altered or amended from time to time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.
When you enroll in the Service, we may send you a “Welcome” email. We will also send you emails and/or secure messages through the Service regarding important Online Banking and Bill Payment matters and/or changes to this Agreement. You must provide us your current email address in order for us to deliver this information to you. It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and email addresses. Changes can be made either within the Service from the “Profile” menu after you log on to the Service or by contacting us at 800-982-4511.
We are not responsible for any Bill Payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
In the event you wish to cancel the Service, please contact our Customer Service Department or send us a secure message through the Service. Any Bill Payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Bill Payments, including automatic payments, will not be processed once the Service is cancelled. You will remain responsible for any fees associated with the Service prior to the effective cancellation date.
We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account is closed or restricted for any reason, or if there has not been any Online Banking or Bill Payment activity for a period of three (3) consecutive months, accessibility will automatically terminate. After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call our Customer Service Department.
THE ONLING BANKING SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA THE SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.
WE ARE NOT RESPONSIBLE FOR AND YOU AGREE TO HOLD US HARMLESS FROM ANY DAMAGES, LOSSES, COSTS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF OR IN CONNECTION WITH ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE, OR YOUR FAILURE TO OBTAIN ADEQUATE ONLINE SECURITY HARDWARE AND SOFTWARE, NOR WILL WE BE RESPONSIBLE FOR ANY COMPUTER VIRUSES THAT AFFECTSYOUR COMPUTER OR SOFTWARE WHILE USING THE ONLINE BANKING SERVICE. IN ADDITION, WE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY ACCESS OR ATTEMPTED ACCESS TO YOUR COMPUTER OR SOFTWARE WHILE USING THE INTERNET BANKING SERVICE OR OUR WEBSITE.
WE ARE NOT RESPONSIBLE AND YOU AGREE TO HOLD US HARMLESS FOR SECURITY BREACHES CAUSED BY OR ARISING FROM A BREACH OF YOUR COMPUTER SYSTEM, INTERNET PROVIDER OR YOUR MOBILE DEVICE CARRIER.
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER. NEITHER THIS FINANCIAL INSTITUTION NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE.
THE FOREGOING SHALL CONSTITUTE FAB&T AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FAB&T OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF YOUR EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.
As a condition of using the Internet Banking Service, you represent and warrant to us that you will not use Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation.
You further warrant and represent that you will not use the Internet Banking Service in any manner that could damage, disable, overburden, or impair the service or interfere with any other party’s use and enjoyment of the service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain portions of our rights and responsibilities under this Agreement to independent contractors or other third parties.
This Financial Institution and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission 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.
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.
In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of this financial institution and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this Agreement.
Copyright in the pages and in the screens displaying the pages, in the information and material therein and in their arrangement, is owned by FAB&T and/or its Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
Accounts and other services provided by this Financial Institution may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Accounts and provided to you separately.
This Agreement and the Services provided herein shall be governed by and construed in accordance with federal laws and the laws of the State of Arkansas, without regard to its conflicts of law provisions.