First State Bank
Online Business Banking Services Agreement
Please read: by clicking "I agree" or using our online services, you are agreeing to this online business banking services agreement (this "Agreement"). Clicking "I agree" or logging on constitutes your legally binding signature. The person clicking "I agree" is also representing that that they have all necessary rights, power and authority to make this Agreement on behalf of the customer organization(s) covered by this Agreement. We are relying upon your agreement in making available this website and the services that are accessible here. Using this website or our services is optional. You should exit now if you disagree with any of the terms contained in this Agreement.
- You are consenting to receive "your documents" electronically (see #5 below for a description of "your documents").
- You have a right to a paper copy of your documents. If you want a paper copy, click the print button for the documents or call us toll-free at 800-853-9586 and we will mail you a paper copy. After you have enrolled, you may also obtain paper copies of certain documents by using the "account services" section of the website or the "contact us" feature. Applicable fees, if any, for copies will be disclosed at the time of your request.
- You have a right to choose not to make your agreement and not to receive your documents electronically. You also have a right to withdraw any previous electronic consent. If you wish to make that choice, do not click "I agree" or log on. Instead, call 800-853-9586. If you do not want to make this Agreement electronically there will be an interruption in your ability to access the services electronically until we receive your signed agreement in paper form. Withdrawal of your previously given consent will not affect transactions which occur before we receive notice from you and have reasonable opportunity to act.
- By clicking "I agree" or logging on you are confirming that you can access, read and print all of this Agreement.
- Your consent applies to "your documents". "Your documents" means this Agreement (including the disclosures contained in this Agreement), notices of change in terms relating to this Agreement, new account agreements, administrative fee notifications, account notifications, and any disclosures required now or in the future by applicable regulation. Electronic notices may go to your administrator(s) and/or user(s) (see PINS and Passwords; Security for more information).
- You may use the "contact us" feature to update information needed to contact you electronically.
You should print a copy of this Agreement and retain it for future reference.
In this Agreement, "you" and "your" refer to the customer(s) named in the enrollment used to obtain access to this site. Any person who uses a User ID issued to you is also subject the terms of this Agreement and you agree to be responsible for their compliance with these terms. The words "we," "us" and "our" refer to First State Bank.
For your convenience, "this Agreement" consists of the following parts:
- Online Business Banking Services Terms
These Terms are applicable to the services (the "Online Business Banking Services") described in the Online Business Banking Services Terms portion of this Agreement.
These Terms are applicable to our website generally to the Online Banking Services and to the online access to other products and services which is provided via this website (together, the "Services").
- Security Statement
This is our current Security Statement.
All terms are subject to change. These terms are the complete terms of our agreement with respect to the Services described herein. This Agreement does not, however, supersede the agreements, terms and conditions or disclosures (the "Other Terms") applicable to other products or services that you may have previously acquired from us or that you may acquire from us in the future (the "Other Products"), even if those Other Products are accessible through this website. Other Products could include, but are not limited to, deposit accounts, credit cards, debit cards, other line of credit or loan products, credit/debit card processing services., and other cash management services (such as Cash Management Online, remote capture and lockbox reporting). The Other Terms shall remain in full force and effect. This Agreement may, however, be deemed to supplement the Other Terms with respect to the online access to Other Products which is provided via this website. In the event of conflict between this Agreement and the Other Terms, whichever provision is more protective of us shall control.
A. Online Business Banking Services Terms
PINS and Passwords; Security
IMPORTANT: We may permit access to your account information and may accept as authentic any instructions given to us using your User ID or password. You are solely responsible for all conduct and transmissions that take place under your User ID and password. The "Administrator" is defined as the individual who originally enrolls in the Service and any other User enrolled by that administrator and granted administrator privileges. You agree to keep and to require your Administrator(s) and User(s) to keep your User IDs and passwords secret. You agree to notify us immediately if your User ID or password is lost or stolen or if you believe someone else has discovered your User ID or password. If you, your Administrator or Users give your User ID or password to someone else, you are authorizing that person to act on your behalf. We may permit such a third party to access your account information, to make transfers and payments and to otherwise use the Services. Online Business Banking Services enable you to change your password; we recommend that you do so regularly. Don't use something that's easy to guess for your password (for example, your name, address or birth date)- a combination of letters and numbers is required. User IDs and/or passwords should be changed whenever any person with access thereto transfers to a new assignment, leaves your employ or is otherwise no longer authorized to use a User ID or password on your behalf or if you have any reason to believe that your User ID or password security has been breached. Your Administrator(s) will have the ability to add, delete, and modify User IDs and passwords and to determine which of your employees or representatives have access thereto, and the type of access they have (your "Users"). The Administrator is solely responsible for determining, on your behalf, who should be trusted with a User ID and password and for supervising their use thereof. You are responsible for all transactions initiated by your Users even though they engage in transactions that you have not authorized, regardless of the purpose thereof and regardless of whether the User violates your rules pertaining to use of the Services. If a User loses or forgets their User ID or password, they should contact your Administrator. If your Administrator loses or forgets their User ID or password, they should contact us. You understand and agree that any one User can initiate transactions (including transfers and payment transactions) using the Services, regardless of whether the User was previously an authorized signer on the affected accounts and regardless of whether any of those accounts normally have other restrictions. We do not assume liability or otherwise guarantee the security of information in transit to or from our facilities. We reserve the right to: (1) monitor and/or record all communications and activity related to the Services; and (2) require verification of all requested transfers and payments as we deem appropriate. This means, for example, that we may require your written or other verification before we make a transfer. Our records will be final and conclusive in all questions concerning whether or not your User ID or password was used in connection with a particular transaction. If any unauthorized use of your User ID or password occurs, you agree to: (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance that we request in recovering any unauthorized transfer or payment.
Balance information available on our website may not reflect outstanding checks or charges, unposted transactions (such as deposits, payments or credits), or recent transfers or payments. Balances in deposit accounts may also be subject to a hold (which will not necessarily be evident from your online statement, but you will receive written notice when the hold is placed). Balance information is generally provided as of the end of the prior business day and may not reflect pending transactions. Online transaction history for accounts is limited. You may need to check the statements that we have previously sent you for information prior to the first day covered by the online transaction history.
You may use the email feature in the Contact Us feature of our web site for general, non-urgent communications with us. You should not rely on email for important or time-sensitive notices to us such as stop payment orders, or for reporting a lost or stolen User ID, password, or credit, debit or ATM card. In any event, we will not take action based on an email request until we actually receive your message and have a reasonable opportunity to react. We would also caution you against using email for transmitting sensitive personal information. We reserve the right to terminate Services if email is used for threatening, abusive, obscene, libelous, defamatory or offensive material. Offensive material includes, among other things, sexually explicit messages or other messages that can be construed to be harassment or disparagement of others based on their race, color, religion, disability, age, sex or national origin.
You may use the Contact Us feature of our website to notify us of errors on your statements. You should not consider that we have received your notification unless and until you receive a response from us. If you do not receive a response to your dispute within two business days, you should resend your message (and await a response from us) or contact us in a different manner.
DO NOT NOTIFY US VIA EMAIL OF LOST OR STOLEN USER IDs, PASSWORDS, OR CREDIT, DEBIT OR ATM CARDS. DO NOT SEND TRANSFER OR PAYMENT REQUESTS VIA EMAIL.
We make reasonable commercial efforts to make our Services and web site available; however, we are not responsible for any scheduled downtime or other interruptions. We reserve the right to change service hours at any time.
Termination of Online Business Banking Services
If you want to terminate your access to the Online Business Banking Services, you can call us at the number in the Contact Us section of our website. Online Business Banking Services may be discontinued immediately if we receive a call from you or someone claiming to be you. Alternatively, we may require that you follow another procedure so that we may verify your identity and your authorization to terminate. Recurring transfers or payments will not necessarily be discontinued because you terminate access to Online Business Banking Services. If you want to make sure that online recurring transfers or payments are stopped, you must follow the procedures in the Discontinuing Transfers and Payments paragraph.
We reserve the right to terminate access to any or all Services in whole or in part at any time, with or without cause and without prior written notice. In that event or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers or payments, including recurring transfers or payments and other transfers that you previously authorized but have not yet made. We also reserve the right to temporarily suspend access to our website and any or all Services in situations we deem appropriate, in our sole and absolute discretion, including when we believe a system security breach has occurred or is being attempted. We may consider repeated incorrect attempts to enter your User ID or password as an indication of an attempted security breach.
Terminating the Services does not affect your or our rights or obligations under this Agreement with respect to occurrences before termination.
IMPORTANT NOTICE REGARDING CHANGES IN TERMS: We may unilaterally change the terms of this Agreement at any time. This includes modifications, deletions and the addition of new provisions, including non-financial provisions (for example, we may add provisions relating to our enforcement rights or the resolution of claims and disputes). If we make changes, we will send you a written or electronic notice, if required by law. Changes will be automatically effective on the date we specify and without the necessity of any further assent on your part. Unless we specify otherwise, changed terms will apply to your account(s) as then outstanding as well as to future transactions and balances. Each time you use Online Business Banking Services, you are confirming your assent to the terms of this Agreement, including all announced changes. Use of Online Business Banking Services is not, however, necessary for a change in terms to be effective. If you disagree with a change, you should stop using Online Business Banking Services.
Credit Review; Third Party Contacts
You agree that we may contact any source necessary and may obtain credit reports on you in connection with the Services. We may also contact third parties (such as but not limited to merchants and other financial institutions) in connection with resolving problems with the Services (e.g., in connection with delayed or incorrectly posted payments).
You may not transfer, assign or delegate your rights or duties under this Agreement. Do not use an aggregator or screen scraper service provider. If you choose to use an aggregator or screen scraper service provider, you are authorizing them to act on your behalf in obtaining the Services. We reserve the right, at our sole discretion, to assign our rights and delegate our duties.
Sole Proprietor Accounts
If you use the Services to access a sole proprietor account with us, please note that: (i) you are solely responsible for the tax consequences of all transfers between your various business and personal accounts and all payments you make using the Services; and (ii) Our Liability, Liability for Unauthorized Use, Error Resolution Procedures, and Business Days Sections of these Online Business Banking Services Terms do not apply to transfers from your sole proprietor account. Provisions of this Agreement indicating that we are liable for failure to make transfers or payments on time or that we are liable for failure to cancel or discontinue transfers or payments are applicable only to transfers from consumer accounts.
Each time you request us to make a transfer or payment using the Services, you authorize:
- us to complete that transfer or payment without any further instructions or your signature; and
- the account-holding institution (which may or may not be us) to deduct the transfer or payment amount from the deposit account you identify (subject to restrictions our system imposes).
You may revoke your authorization only by following the procedures (and subject to the limitations) in the paragraph on Discontinuing Transfers and Payments. Certain authorizations may not be revoked because we begin to process the request immediately. We are entitled to treat transfer and payment requests as if they were in writing and signed by you if initiated by your User ID and password.
A specific enrollment is required to access this service. If you are not already enrolled, follow the instructions provided on the website to enroll for this service.
You may use the Online Business Banking Services to transfer money and/or make payments between certain accounts of yours with us (subject to relevant account restrictions). All such transfers and payments are referred to herein simply as "transfers". Transfers may be "variable" or "recurring". A variable transfer is a transfer that is made on a one-time basis that is: (1) scheduled to pay on the same business day you request such transfer and such immediate variable transfer will be made immediately; or (2) scheduled to pay on a future business day from the business day you request such transfer and such future variable transfer will occur at the time of processing on that future business day. A recurring transfer is one for the same amount that is made on a weekly, bi-weekly, bi-monthly, monthly, quarterly, semi-annual, or annual basis. Once started, recurring transfers will be made automatically until you tell us to cancel the recurring payment and we have a reasonable opportunity to act. Please note that transfer dates will be automatically moved to the next business day if you request a transfer date that is not a business day or you request the transfer date to be on the same day as your request and you make such request after a cut-off time we establish or on a day that is not a business day.
Bill Payment (payments from an account with us)
A specific enrollment is required to access this service. If you are not already enrolled, follow the instructions provided on the website to enroll for this service.
You may use the Bill Payment feature of Online Business Banking Services to make "variable" or "recurring" payments to the third parties you put on your merchant list. A variable payment is a payment made on a one-time basis. A recurring payment is one for the same amount that is made on a weekly, bi-weekly, bi-monthly, monthly, quarterly, semi-annual, or annual basis. Once started, recurring payments will be made automatically until you tell us to cancel the recurring payment and we have a reasonable opportunity to act. We reserve the right to decline to make payments to certain persons and entities. You are solely responsible for assuring the accuracy of the information about the merchants that you have added to your merchant list. You should review your list from time to time to verify its accuracy. You can change your list from time to time. Any change should be requested sufficiently in advance of the next payment to give us time to make the change for any pending payments.
Payments will be made in the amounts and on the 'payment dates' you specify, but may not be less than $5.00 or more than $75,000.00. You may not schedule more than one payment per payment date to the same merchant. Payments will be mailed or otherwise sent within two business days after the payment date (please note that payment dates will be automatically moved to the next business day if you request a payment date that is not a business day or you request the payment date to be on the same day as your request and you make such request after 8:00AM to 8:00PM CST or on a day that is not a business day). In order for your payment to be on time, you should allow: (i) two full business days from the payment date you specify for us to mail the payment; and (ii) whatever additional time is needed for the mail to be delivered to the party you are paying. You must make your payment request and select a payment date with enough time in advance so that your payment will be delivered by its initial due date (not the end of any applicable grace period). We are not responsible for late payments unless we fail to mail payment within two business days of the selected payment date and that delay causes you a loss. Payments will be made from one deposit account that you specify; we are not obligated to make payments from multiple accounts. Payments will be deducted from your account on the payment date. You agree that we may send payments by composite check drawn on us or on our affiliate, by check drawn on your account but without your signature (or with a signature substitute that we apply), by automated clearinghouse transaction, or by such other means as we deem appropriate.
DO NOT SEND BILL PAYMENT REQUESTS VIA EMAIL.
You may use the Online Business Banking services to place or remove a stop payment orders of an uncleared check. A stop payment order is a request to us to not honor the payment of a check after it has been delivered but before it is cashed. You may not stop payment of certified or cashier's checks or money orders. These services provide an alternative to our "Standard" (telephonic) stop payment procedure. You may still use the Standard procedure and should use it if you do not wish to have these terms apply to your stop payment order. These terms are applicable to all current and future accounts you have with us.
Stop payment orders will be placed electronically via communications link between your computer and our computer. Authenticity of stop payment orders will be verified on an automated basis by our computer. The Administrator, selected by you, will be granted the authority to establish individual system Passwords to, and assign the desired functionality within, the online stop payment platform.
Stop payment orders will remain in force for not more than six months, unless renewed for a period not to exceed an additional six months. Any applicable fees will be governed by your respective service agreement. In the event your service agreement is silent as to such fee, standard fees may apply. These stop payment services require your orders to be completely accurate. You agree we are not responsible for paying an item that is not accurately described in your stop payment order. You agree our records will be conclusive as to the details of the stop payment orders we receive.
Neither placing a stop payment order nor our confirmation of it guarantees the item has not already been paid or that the item will not be paid before we have a reasonable opportunity to act on your order. Please take this into account before issuing replacement checks. You agree no additional written confirmation from you will be necessary for stop payment orders submitted this way. We are not responsible for loss, delay, alteration, or interception of communications in transit.
Payments to a Credit Card Account with Us
A specific enrollment is required to access this service. If you are not already enrolled, follow the instructions provided on the website to enroll for this service.
You may use the Online Business Banking Services to pay your commercial credit card accounts with us online every month using a checking or savings account that you specify. We may restrict, and you agree not to initiate, payments that are greater than the then current balance on your credit card account. Recurring commercial credit card payments will not begin until after the next commercial card statement cycles. If any third party makes a claim against us as a result of your use of the Services in this way, you shall reimburse for all losses we sustain in connection with that claim and you shall fully indemnify, defend and hold us harmless against that claim. In such an event, we may also reverse any credit given on your credit card account.
Payments will be made in the amounts and on the 'payment dates' you specify. Generally, commercial card payments will post to your card account on the payment date so long as we have received your payment instructions before our cutoff time for that payment date. Our cut-off time is subject to change from time to time without notice, however, if you try to submit a payment after the cut-off time for a payment date, our system will alert you. If payment for your card account is not posted by its due date, you may be assessed a late payment fee.
DO NOT SEND CREDIT CARD PAYMENT REQUESTS VIA EMAIL.
Limitations; Compliance with Law
In addition to the limitations stated above, any applicable limitations on transfers that apply to any of your deposit accounts remain in effect (and transfers or payments using the Services will count as transfers for those purposes). For security reasons, there may be limitations (in addition to those referenced above) on the frequency and dollar amount of the transfers and payments you may make using the Services.
If you are initiating payments or transfers from an account other than a consumer account: You agree to be bound by the rules of the National Automated Clearinghouse Association and other relevant clearing house associations as in effect from time to time (the 'Rules'). You will be considered the Originator of your entries under the Rules. You agree not to initiate entries that violate the laws of the United States. These laws include, but are not limited to, sanctions enforced by the Office of Foreign Assets Control (OFAC). It is your responsibility to obtain information regarding OFAC enforced sanctions. You may obtain further information from the OFAC Compliance Hotline at (800)540-OFAC.
Transfers and payments from your accounts with us will be reflected on the regular account statements we make available to you. Payments from deposit accounts with other institutions should be reflected on the statements you receive from those institutions. Please continue to review all the statements you receive through the mail. You may also review transfers and payments from your accounts with us on your account detail screens. If any of your statements show an incorrect or unauthorized transaction, you agree to notify us immediately. If you do not follow the Error Resolution Procedures, your statement will be considered correct for all purposes and we will not be liable for any transfers or payments reflected thereon. You agree to promptly notify us of any change in your address or telephone number. You understand that you are responsible for maintaining prudent accounting controls, such as, but not limited to, having someone review your account statements other than a User or Administrator.
We may, but need not, make any transfer or payment if you do not have a sufficient balance on the date you request the transfer or payment or on the date the transfer or payment is scheduled to be made. If we do make the transfer, you agree to immediately reimburse us for the overdraft that it creates (and understand that we may deduct the amount thereof from any other account you, alone or with others, maintain with us) and that we may charge you a fee for the overdraft. Although we may generally attempt to inform you if a requested transfer or payment is not made, we are not obligated to do so.
You may use the Services to elect the electronic mail ("email") alerts service ("Alerts"). This service enables you to request and receive email messages about your accounts with us. In the event you elect this service, now or in the future, to receive one or more of the notices that are offered by the Alerts service, you acknowledge that you have read, understand and agree to abide by the terms and conditions.
You may receive Alerts through an email account. Our Alert service is also subject to the terms and conditions of your agreement(s) with your internet service provider. We provide Alerts to you by utilizing the instructions you provide to us. You are responsible for providing us a current, accurate email address to receive Alerts. You understand and authorize that each Alert is sent to you without being encrypted and may include your name and information pertaining to your account(s) with us.
You understand and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your internet service provider(s) and other factors outside our control. We do not guarantee the delivery or the accuracy of the contents of each Alert. You agree not to hold us, our directors, officers, employees and agents liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) inaccurate or incomplete content in an Alert; (b) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (c) your dependence on a Priority Alert; (d) use of the information provided in an Alert for any purpose; or (e) security relating to the delivery of the Alert.
We provide Alerts as an advantage to you for information purposes only. An Alert does not comprise a bank record for the account to which it relates. We reserve the right to terminate or change the Alerts service at any time and for any reason without prior notice to you.
Discontinuing Transfers and Payments
For recurring transfers between accounts: If you wish to cancel a recurring transfer, select the transfer you wish to cancel on your pending transfers list on our website. After you select the transfer you wish to cancel, you can choose the delete transfer cycle option. This will cancel the pending transfer and delete the future transfers in that cycle. In addition, you can call us at the number in the Contact Us section of our website, or write to us at: First State Bank, Business Online Customer Service, 211 Commercial Street, Loomis, NE 68958 . We must receive your request at least three business days before the transfer date. If you request us to cancel a recurring transfer three business days or more before the transfer date and we fail to do so, we are liable for your losses or damages (applicable to consumer accounts only). You may not discontinue transfers that are no longer on your pending transfers list.
For variable transfers between accounts: If you wish to cancel a future variable transfer, you can select the transfer you wish to cancel on your pending transfers list on our website. After you select the transfer you wish to cancel, you can choose the cancel transfer option. In addition, you can call us at the number in the Contact Us section of our website, or write to us at: First State Bank, Business Online Customer Service, 211 Commercial Street, Loomis, NE 68958. We must receive your request at least three business days before the transfer date. Although we may attempt to honor cancel requests for variable transfers, we are not obligated for failing to do so. You may not discontinue transfers that are no longer on your pending transfers list.
For Bill Payment recurring payments: If you wish to cancel a recurring payment, you can select the payment you wish to cancel on your pending payments list on our website. After you select the payment you wish to cancel, you can choose the delete payment cycle option. This will cancel the pending payment and delete the future payments in that payment cycle. In addition, you can call us at the number in the Contact Us section of our website, or write to us at: First State Bank, Business Online Customer Service, 211 Commercial Street, Loomis, NE 68958. We must receive your request at least three business days before the payment date. If you request us to cancel the recurring payment three business days or more before the payment date, and we fail to do so, we are liable for your losses or damages (applicable to consumer accounts only). You may not discontinue payments that are no longer on your pending payments list.
For Bill Payment variable payments: If you wish to cancel a variable payment, you can select the payment you wish to cancel on your pending payments list on our website. After you select the payment you wish to cancel, you can choose the cancel payment option. In addition, you can call us at the number in the Contact Us section of our website, or write to us at: First State Bank, Business Online Customer Service, 211 Commercial Street, Loomis, NE 68958. We must receive your request at least three business days before the payment date. Although we may attempt to honor cancel requests for variable payments, we are not obligated for failing to do so. You may not discontinue payments that are no longer on your pending payments list.
For Payments to a Credit Card Account with Us: If you wish to cancel your next commercial card recurring payment, you can select the payment on the pending payment list and delete it. To remove all future commercial card recurring payments, you must also delete the recurring payment cycle transaction. Delete requests for commercial card recurring payments received prior to the designated cutoff time will become effective that day.
DO NOT SEND REQUESTS TO DISCONTINUE TRANSFERS OR PAYMENTS VIA EMAIL.
The next sentence only applies to the extent "you" refers to the owner of a consumer account from which a payment may be made hereunder (the remainder of the section applies in all situations). If we fail to complete an electronic funds transfer or payment in time or in the correct amount, in accordance with this Agreement and when you properly instruct us, we are liable for your losses or damages. However, there are some exceptions. For instance, we are not liable: (1) if, through no fault of ours, you don't have sufficient funds in your account to make the transfer or payment; (2) if the funds are subject to legal process or other encumbrance restricting a transfer or payment; (3) if the transfer or payment exceeds your credit limit; (4) if there is a technical malfunction which is known to you at the time you attempt to initiate the transfer or payment or, in the case of a recurring transfer or payment, at the time the transfer or payment should have occurred; (5) if circumstances beyond our control (such as a fire, flood, power outage or communications or computer system failure) prevent the transfer or payment, despite reasonable precautions that we take. In no event are we liable for more than actual damages proved if any failure of ours was unintentional, and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid such an error.
This does not mean that we accept liability for other circumstances resulting in transfers or payments not being made or completed on time. For example, we are not responsible for delayed or failed transfers or payments if: (1) you fail to use the Services properly in accordance with this Agreement and any online or other instructions supplied in connection with the Services; (2) you don't request the transfer or payment and schedule it sufficiently in advance of the due date for the obligation you are paying; (3) you exceed applicable restrictions on the number, amount or frequency of transfers; (4) you fail to supply accurate information with regard to the persons you wish to pay (e.g., name, address and account number) or the account from which you wish to have the transfer or payment made; (5) the person you wish to pay or their bank mishandles or delays posting the payment (or, in the case of transfers from your account with another institution to your deposit account with us, your account-holding institution refuses to honor or mishandles or delays the transfer); (6) your computer or software fails to operate correctly, or your instructions are lost or delayed in transmission to us; (7) a bona fide security consideration causes us not to make the transfer or payment (e.g., your User ID or password has been reported lost or stolen, we have reason to believe a transfer is unauthorized, or the transfer would violate other security restrictions in our system); or (8) your relevant deposit account is closed or services hereunder have been terminated or suspended.
Liability for Unauthorized Use
This section only applies to the extent "you" refers to the owner of a consumer account from which a payment may be made hereunder. Tell us AT ONCE if you believe your User ID or password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your deposit account (plus your maximum line of credit). If you tell us within two business days, you can lose no more than $50. If you do NOT tell us within two business days after you learn of the loss or theft of your User ID or password, and we can prove we could have stopped someone from using your User ID or password without your permission if you had told us, you could lose as much as $500. Also, if your deposit account statement shows transfers or payments that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have prevented someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods. If you believe your User ID or password has been lost or stolen or that someone has transferred, or may transfer money from your account without your permission, you can call us at the number in the contact us section of our website, or write to us at: First State Bank, Business Online Customer Service, 211 Commercial Street, Loomis, NE 68958.
DO NOT SEND NOTIFICATION OF LOST OR STOLEN USER IDs OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA EMAIL.
Error Resolution Procedures
This section only applies to the extent "you" refers to the owner of a consumer account from which a payment may be made hereunder. In case of errors or questions about transfers or payments from your accounts with us, telephone us at the number in the contact us section of our website, or write to us at: First State Bank, Business Online Customer Service, 211 Commercial Street, Loomis, NE 68958. Contact us as soon as you can if you think a statement you receive is wrong, or if you need more information about a transfer or payment listed on your statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error, or the transfer or payment you are unsure about, and explain as clearly as you can 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 orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
For purposes of these Online Business Banking Services Terms, our business days are Monday through Friday, excluding holidays.
If you have enrolled more than one organization or individual under a single Administrator, you represent and warrant that you have the authority to bind each such organization and individual to the terms hereof and that the administrator has authority to act on behalf of all such organizations and individuals (including, but not limited to, by assigning User access to the accounts of all such organizations and individuals), and you agree that each organization and individual shall be jointly and severally liable hereunder.
Business Use and Personal Accounts
The Online Business Banking Services shall be used for business purposes. Your usage privileges are revocable, nonexclusive, and nontransferable, without the right to sublicense. You may use this web site and the services solely for your internal business purpose in connection with products and services offered by us. We, in our sole and absolute discretion, may permit the enrollment of personal accounts in the Business Banking Website. If you use the Services to access a personal account with us, please note that you are solely responsible for the tax consequences of all transfers between your various business and personal accounts and all payments you make using the Services. Provisions of the Transfer, Payment and Bill Payment Terms and Conditions indicating that we are liable for failure to make transfers or payments on time or that we are liable for failure to cancel or discontinue transfers or payments are applicable only to transfers from "consumer accounts" as defined in applicable regulations.
1. General Restrictions Concerning Use of Our Website
As a condition to the use of our website, you agree not to use our site for any purpose or transaction that is unlawful or prohibited by these terms or any other agreement you have with us. You also agree not to use our website in any manner which could: (1) damage, disable, overburden, or impair our website or anyone else's site; or (2) interfere with any other party's access to or use of our website or anyone else's site. You agree not to obtain or attempt to obtain access to or use of any aspect of our website through any means we do not intentionally make available on the site. You agree not to frame our website or to mirror our website on any other site and agree not to link to any portion of our site other than our home page. Unauthorized use of this website and systems, including but not limited to, unauthorized use of our systems, misuse of passwords, or misuse of any information posted to this website, is strictly prohibited.
2. Copyright and Trademark Notices
The works of authorship contained at www.fsbloomis.com, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by us or one of our affiliates. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of our proprietary rights. You may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
Trademarks or service marks referenced on our website are our property or property of their respective owners. You may not copy or display or use the trademarks or service mark (except as strictly necessary for you to view these materials on your own computer), for any commercial or public purpose without our prior written consent.
We retain title, all intellectual and proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all other rights in and to our website, all information, resources, content, tools, services and other features accessible thereon, all our business methods and processes, and all modifications, improvements, enhancements and new functionalities added to any of the foregoing. Except for the access and usage privileges that we specifically grant to you in and subject to these terms, nothing shall be deemed to grant you any right, title, interest or license in or to any of the foregoing. All privileges granted to you are limited, non-exclusive, non-transferable, and revocable.
3. Notification of Claimed Infringement
This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.
If you believe that any material or content posted on this site constitutes copyright infringement, please forward the following information in writing to the email address listed below (a "Notice"): (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the dispute use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by us, any alleged infringer, or any copyright owner or its authorized agent or licensee.
Notice must be emailed to: FNBOCopyrightOffice@fnni.com
4. Limitation or Termination of Website Access
We reserve the right to terminate access to our website and any or all services in whole or in part at any time, with or without cause and without prior written notice. We also reserve the right to temporarily suspend access to our website and any or all services in situations we deem appropriate, in our sole and absolute discretion, including, without limitation, when we believe a system security breach has occurred or is being attempted.
5. Information Accuracy
This information on this website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. Although we strive for accuracy, some information and resources provided to you using the services may contain technical or other errors, inaccuracies or omissions, typographical errors, and may become outdated. Information on our Website including without limitation, product descriptions, definitions, explanations of uses, frequently asked questions, glossary of terms, and helpful hints are provided for your convenience only. We may change our products, services, terms, conditions and pricing at any time without notice and without first updating our website. Nothing on our website is intended to provide legal, accounting, tax or financial advice; you should consult your own professional advisor on such matters. Tools that you may access through our site (such as loan or investment calculators) are provided for your convenience, but are not guaranteed to be error-free.
6. Limitation of Liability and Disclaimer
THE INFORMATION CONTAINED IN OR ACCESSED VIA THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". NEITHER WE NOR ANY THIRD PARTY DATA PROVIDER IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. WE AND ALL THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, WE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL WE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
NEITHER WE NOR ANY THIRD PARTY DATA PROVIDERS WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ALL MATERIALS AND INFORMATION. FURTHERMORE, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR AND OUR AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENCIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH ANY ASPECT OF OUR SITE OR THE SERVICES AVAILABLE VIA OUR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS.
You agree that any cause of action arising out of or related to the Website, the Services, or this Agreement must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Claims not raised in accordance with the dispute resolution procedures set forth herein shall be deemed barred.
7. Links to Other Websites
This Website contains links to other Website. We are not responsible for the content, accuracy, or opinions expressed in such Websites, and such Websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Website does not imply approval or endorsement of the linked Website by us.
8. Information Submissions
9. Violations of Terms; Indemnity
We reserve the right to seek all remedies available at law and in equity for violations of these terms, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.
10. Governing Law; Venue
Unless we otherwise agree in writing, Nebraska law governs these terms and all aspects of our relationship with you. If any part of these terms is invalid or unenforceable, the remainder will stay in effect. Litigation arising out of or relating to these terms, our website, the Services or any aspect of our relationship with you shall be commenced and maintained solely and exclusively in the state and federal courts sitting in Phelps County, Nebraska, United States and you expressly consent to the personal and exclusive jurisdiction of such courts.
11. Area of Service
The Services are not necessarily available everywhere, and may or may not be available to non-residents or non-citizens of the United States. Accessing our website from outside the United States is not permitted, except for access by our existing customers. Information about products and services is provided for informational purposes only and should not be considered an offer to make those products and services available to you. We have no obligation to provide a product or service until: (i) we have received and approved an application in the form we require; and (ii) you have signed a separate written agreement in the form we require (if any). We may require in-person closings for certain products.
We will not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on our part 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.
13. Dispute Resolution
In the event that you believe we have failed to comply with this Agreement or that you have a claim arising out of the Services, you agree to give us prompt written notice detailing your concerns and designating a representative with authority to conclusively resolve those concerns on your behalf. We will then promptly appoint a representative to work with your designated representative, and both parties will then cooperate in good faith to promptly resolve your concerns. All such disputes and claims must be submitted within 30 days of the time you were in receipt of the information upon which the dispute or claim is based (such as, but not limited to, information contained on your periodic statements). If payment from a consumer account is involved, all such disputes and claims must be submitted within 60 days of the date you were in receipt of the information upon which the dispute or claim is based.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Notices under this Agreement shall be given as follows:
- To Us: To be valid, notices must be sent by email to firstname.lastname@example.org and by certified mail, return receipt requested, to First State Bank, Business Online Customer Service, 211 Commercial Street, Loomis, NE 68958 or to such other address as we may designate from time to time.
- To You: Notices to you will be sent by email to the email address provided in your enrollment application.
Notices to you shall be deemed to have been received 24 hours after the email is sent. Notices to us shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.
D. Security Statement
This is our current Security Statement