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Online Banking Disclosure
& Agreement
This Electronic
Banking Agreement for The First National Bank of Northfield contains the
terms and conditions governing Online Banking. By
clicking I agree at the end of this document, you confirm
your agreement to be bound by all of the terms of this agreement and acknowledge
your receipt and understanding of this disclosure.
1. About This Agreement
This Online Banking Agreement and Disclosure (the Agreement)
governs the use of the Online Banking Service (Online Banking)
offered by The First National Bank of Northfield (the Bank).
The terms we, us, our, First
National and Bank refer to The First National Bank of
Northfield. The terms you and your refer to each
person listed who is entitled to use the bank account according to such
persons(s) existing agreements with the bank. Online Banking allows
the Bank Customers to perform a number of banking functions through the
use of a personal computer and the Internet. When you use any of the Online
Banking services described in this agreement, you agree to be bound by
all the terms and conditions of this agreement and acknowledge your receipt
and understanding of this disclosure.
2. Other Agreements
Your use of the Online Banking service may also be affected by other agreements
between us including, but not limited to, Account and Deposit Agreements
and Disclosure Statements. Your use of the Online Banking service does
not change any other agreement you may already have with us. You should
review those agreements for any applicable fees, for limitations on the
number of transfers you can make, and for other restrictions which might
impact the use of your account(s) with the Online Banking service.
3. Using Online Banking
To utilize our Online Banking services you must have at least one deposit
or loan account at First National, an Online Banking Access ID and a Password
(also referred to as personal identification number or PIN).
The Bank will assign you a password for your initial logon; you will be
forced to establish an Access ID number and a new password. Your Access
ID must be a minimum of 6 characters and your password must be a minimum
of 8 characters. The maximum number of characters for both is 19. FOR
INCREASED SECURITY, we recommend having longer Access ID numbers and passwords.
In addition, it is safer to have a mixture of numbers and letters in your
Access ID number and password. Do not use something obvious or something
that must be written down. PLEASE REMEMBER that Bank employees will NEVER
ask you to reveal your password. You understand your Access ID number,
along with your password, is your electronic signature. It identifies
you to us and authenticates and validates the directions given to The
Bank. Using your personal computer, with the proper hardware, software
and signed Bank Enrollment form, you will be able to perform the following
Online Banking functions:
Account inquiries
View past statements and check images
Transfer funds between your accounts
Make loan payments
Initiate stop payments
4. Stop Payments
Utilizing Online Banking, you may place a stop payment on any check you
have written. However, you may not use Online Banking to stop payment
or revoke the authorization of an Electronic Funds Transfer. All stop
payment orders originated through Online Banking are subject to applicable
law and the Banks usual rules and fees for such orders. If you use
Online Banking to initiate a stop payment; you agree to the following
terms and conditions:
The information on the stop payment must precisely identify the check
number, the date of the check, Payee and the amount of the check. If you
do not give the exact information, the Bank assumes no responsibility
for stopping payment.
The stop payment must be received in time to give us a reasonable
time to act upon it. Stop payments received before 2:00 p.m. on Monday
to Friday, excluding legal holidays, are processed on the day received.
Stop payments received after 2:00 p.m. or on a weekend or legal holiday
will be processed on the next business day. A stop payment must be received
before the check has been presented for payment.
Stop Payment orders are binding for fourteen (14) days only, unless
you confirm the order in writing on the proper form within the fourteen
(14) day period. The Bank will send you a proper form for your signature
as soon as the stop payment order is received. If the signed form is not
returned within fourteen (14) days, the stop payment order will automatically
terminate and the Bank will be free to pay the check.
A properly signed stop payment order is effective for six (6) months,
unless renewed in writing before the expiration of six (6) months. If
the stop payment order is not renewed before the expiration of six (6)
months, it will automatically terminate and the Bank will be free to pay
the check. In such an instance, you hereby agree to release and do waive
any and all claims against the Bank with respect to the stop payment order
or the check itself and you further agree to indemnify and hold the bank
harmless with regard to any and all claims involving the stop payment
order and/or check, which includes the Banks reasonable attorneys
fees and costs.
You understand that there may be claims or demands made against
the Bank as a result of your request to the Bank. You agree that you will
defend the Bank and will be responsible to the Bank if any claim or demand
of whatever nature, is made against the Bank with respect to a stop payment
order and/or the check itself. You agree to indemnify and defend the Bank
and to reimburse the Bank for any reasonable costs, expenses or attorneys
fees that the Bank may incur in defending itself against any such claims
or demands. You understand that the Bank will use all reasonable efforts
to comply with a stop payment order. However, you understand fully that
unless the check number, the date of the check, Payee and the amount of
the check are correctly entered on the stop payment order, the Bank assumes
no responsibility for stopping payment and is not liable to you if a stop
payment cannot be accomplished.
You agree to pay a stop payment fee for each new stop payment and
for each renewal of a stop payment entered through Online Banking. Please
refer to your account disclosure for current fees.
You must contact the main bank in person at 329 Division Street, Northfield,
MN, or telephone them at 507-645-5656, to stop payment on automatic debits
processed by the Automated Clearing House (ACH), as this request requires
additional documentation to be completed.
5. Authorization
You warrant to the Bank that you have full and complete authority to enter
into this Agreement. Any person who has an Access ID number and that has
a valid password may utilize Online Banking. Any person authorized to
sign on an account is also deemed to be authorized to conduct any transaction
related to that account. We are not required to obtain the consent of
or notify any other joint account holder or you, about the action of the
other. Each authorized person may act alone. The Bank may, at its discretion,
rely on any written notice containing signatures of an authorized person
if the Bank believes, in good faith, that the signature is genuine. If
the Bank receives conflicting instructions from authorized persons, the
Bank may
Honor one or more of the instructions received
Refuse to honor any of the instructions until the Bank receives
instructions to which all authorized persons agree or
Submit to a court all funds which are subject to the conflicting
instructions.
6. No Liability
The Bank is responsible for complying with the terms of this Agreement.
However we will not be liable:
If you do not have enough money in your account to make a transfer
or bill payment;
If we are directed to prohibit withdraws from the account by applicable
law or court order;
If your account is closed or if it has been frozen;
If the transfer or bill payment would cause your balance to go
over the credit limit for any credit arrangements set up to cover overdrafts;
If you, or anyone you permit to utilize the services, commits any
fraud or violates any law or regulation;
If any electronic terminal or telecommunications device malfunctions
or is otherwise not working properly and/or prevents the utilization of
the services;
If you have not provided us with complete and correct payment information,
including, without limitation, the name, United States address, and payment
amount for the payee on a bill payment;
If you have not properly followed the instructions for using the
services;
If circumstances beyond our control (such as fire, flood or improper
transmission or handling of payments by a third party) prevent the utilization
of the services, including without limitation a transfer or bill payment,
despite reasonable precautions taken by us.
7. Limitation of Liability and Disclaimer of Warranties
The Banks liability for damages arising out of this Agreement will
not exceed the aggregate fees paid by you to Bank as stated in this Agreement.
In no event shall either party have any liability to the other party or
any third party for any lost profits or costs of procurement of substitute
goods or services or for any indirect, special or consequential damage
resulting from or arising out of this Agreement. Notwithstanding the foregoing,
in no event shall the Bank be liable for any losses or damages resulting
from:
Services and/or data provided by your data processing vendor(s);
A virus, the prevention of which was beyond the reasonable control
of Bank, or
A third party gaining access to the Banks system and obtaining
or altering data.
The Bank makes no representations or warranties to you or any other person,
express or implied, in law or in fact, and disclaims any and all implied
warranties of fitness for a particular purpose, merchantability or suitability,
to you or any other person, of any of the services provided by the Bank
under this agreement or any computer software products or programs provided
by Bank under this agreement, or as to the stability or compatibility
of Banks software, equipment or communication interfaces with those
used by you.
8. System Security and Procedures
You agree to abide by the security procedures set forth in this Agreement
and any other security procedures established by the Bank and provided
to you from time to time.
For security purposes, your password must be a minimum of eight (8) characters
in length which we highly recommend changing every three (3) months. However;
you may change your password as often as you deem it necessary. Your password
will be automatically locked out after three (3) failed logon attempts
to access account information. You must contact us to receive a new temporary
password. Your password should not be associated with any commonly known
personal identification such as social security number, addresses, dates,
or names and/or birthdates of children. Memorizing your password is the
best security. Do not write down your password or carry your password
with you.
The Bank utilizes a secure server that supports 128-bit encryption to
ensure that your personal information is safely transmitted over the internet.
Firewalls are installed to prevent unauthorized access to sensitive information.
Your role in preventing mis-use of your accounts through Online Banking
is extremely important. You agree to promptly review your bank statement
as soon as you receive it and you agree to protect the confidentiality
of your account number(s). You also agree to protect your personal identification
information such as social security number, drivers license number,
Access ID and password. Your access ID and password are intended to provide
security against unauthorized access to you accounts. Therefore, you agree
that you and your authorized persons will keep the passwords confidential.
If you believe or have reason to believe that any security procedure or
password has or may have become known by unauthorized persons you will
immediately notify the Bank in person or by telephone and agree to confirm
that oral notification in writing to the Bank within 24 hours. The Bank
shall have no liability for losses caused by unauthorized access to any
confidential information and you will hold the Bank harmless from any
losses, costs, suits, damages, liabilities and expenses resulting from
your failure to keep the password confidential or otherwise adequately
manage the use of the password. You will be liable for any instructions
and other communications initiated before the Bank has received such notice
and has had reasonable opportunity to act on such notice. The Bank reserves
the right to change any or all of the security procedures at any time
by giving written notice (which may be made by email or facsimile) to
you.
9. Business Days
Unless otherwise defined by this Agreement, a Business Day is any day
that the Bank is operating and open for business. Our business days are
Monday through Friday. Saturdays, Sundays and selected Federal Holidays
are not considered Business Days. Contact the Bank to inquire if a given
Federal Holiday is determined by the Bank to be a Business Day. All transactions,
deposits, requests, instructions and entries received by the Bank on a
day, which is not a Business Day, will be treated and processed as if
received on the next Business Day.
10. Hours of Accessibility
You can usually access your Bank accounts through Online Banking seven
(7) days a week, 24 hours a day. However, at certain times, some or all
of the Services may not be available due to system maintenance or reasons
beyond the Banks control. The Bank specifically does not warrant
that Online Banking will be available at all times. During these times
when services are not available, you may use Telephone Banking, a Bank
ATM, the motor bank or the main bank to conduct your transactions (assuming
you have applied for and been accepted to utilize such telephone and ATM
services). A transfer, other than a wire transfer, initiated through Online
Banking before 2:00 p.m. (Central Time) on a business day is posted to
your account on the same day. All transfers completed after 2:00 p.m.
(Central Time) on a business day or any time on a Saturday, Sunday or
Banking Holiday will be posted on the next business day.
11. Fees and Charges
There are no fees or charges for using The First National Bank Online
Banking product. However, depending on how you use the Online Banking
product, you may incur other fees and charges including, but not limited
to, normal account fees and service charges, internet service provider
fees, and telephone charges. The Bank may modify its fee schedule at any
time upon 30 day prior written notice to you.
12. Termination
Unless otherwise required by applicable law, either party may terminate
this Agreement and your access to Online Banking products, in whole or
in part, at any time by providing the other party written notice. We also
reserve the right to cancel this Agreement at any time, with or without
cause and without prior notice. Examples of when we may cancel this Agreement
and the use of Online Banking services without prior notice include, but
are not limited to:
breach of this or any other agreement we may have with you;
belief that there has been or may be an unauthorized use of your
password or account(s);
conflicting claims as to the funds in any of your account(s);
request from you to terminate this service;
lapse of access to your account(s) through this system for a period
of 90 days or longer. You will need to call us to reactivate your account.
13. Changes in Agreement
We may change the terms of this Agreement from time to time and will notify
you of such changes by mail or by electronic message. Your continued use
of Online Banking after the effective date of a change will represent
your acceptance of any and all changes.
14. Consumer Rights/Liabilities/Error Resolution
A. In case of questions or errors about online funds transfers or bill
payments made through the use of Online Banking, you should call First
National at 507-645-5656.
B. Write to First National as soon as you identify any errors or discrepancies
in your statement or transaction record, or if you need more information
about a transaction listed on the statement or transaction record.
C. We must hear from you no later than sixty (60) days after we have sent
the first paper or online statement on which the problem or error appeared.
If you notify us orally, we may require that you send us your complaint
or question in writing within ten (10) business days.
D. When you tell us about the problem, please:
Tell us your name and account number
Describe the error or the transaction you are unsure about, and
explain why you believe it is in error or what additional information
you need;
Tell us the dollar amount of any suspected error;
For a bill payment, tell us the checking account number used to
pay the bill, payee name, date the payment was sent, payment amount, reference
number, and payee account number for the payment in question.
E. If you tell us orally, we may require that you send us your complaint
or question in writing within ten (10) business days. We will determine
whether an error occurred within ten (10) business days after we hear
from you and will correct any error promptly. If we need more time, however;
we may take up to forty-five (45) days to investigate your complaint or
question. If we decide to do this, we will credit your account within
ten (10) business days for the amount you think is in error, so that you
will 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 questions in
writing and we do not receive it within ten (10) business days, we may
not credit your account. If we determine there was no error, we will send
you a written explanation within three (3) business days after we finish
our investigation and debit your account for the amount of the error that
we previously credited. You may request copies of the documents that we
used in our investigation.
F. Unauthorized Transactions in Your Account(s): Notify us at once if
you believe another person has improperly obtained your Online password.
Also notify us if someone has transferred or may transfer money from your
account without your permission or if you suspect any fraudulent activity
on your account. To notify us, call or write The First National Bank of
Northfield.
G. If your Online password has been compromised and you tell us within
two (2) business days after you learn of the loss or theft, you can lose
no more than $50 if someone used your Online password without your permission
to access a Bank deposit account. If you do NOT tell us within two (2)
business days after you learn of the loss or theft, and we could have
stopped someone from taking money without your permission had you told
us, you could lose as much as $500.
H. Also, if your statement shows withdrawals, transfers or purchases that
you did not make or authorize, please notify us at once. If you do not
notify us within sixty (60) days after the paper or Online statement was
sent to you, and we could have stopped someone from taking money if you
had told us in time, you may not get back any money you had lost after
sixty (60) days. If extenuating circumstances, such as a long trip or
hospital stay kept you from telling us, the time periods in this section
could be extended.
The First National Bank of Northfield
329 Division Street
PO Box 59
Northfield, MN 55057
Phone Number 507-645-5656
Fax Number 507-645-6873
15. Miscellaneous Terms and Conditions
SEVERABILITY If any section, provision or condition of this
Agreement is deemed invalid or unenforceable, the provision deemed invalid
or unenforceable will, to the extent permitted by applicable law, be deemed
reformed so as to be valid and enforceable. If such reformation is not
possible, this Agreement will be read as if that provision was never a
part of it, and the remainder of the Agreement will be valid and enforceable.
NO WAIVER If Bank waives any failure or breach by you hereunder,
such waiver will not operate to waive any other breach of the same or
different provision.
ADDITIONAL INFORMATION You agree to execute any additional
documents and to provide any information (including information necessary
to remake or reconstruct any deposit, transmission, file or entry) that
Bank reasonably requests.
FORCE MAJEURE No party will be deemed to have breached this
Agreement if it fails to perform because of a cause beyond the reasonable
direct control of that party, and without fault or negligence of that
party. Examples of causes beyond the reasonable direct control of a party
include, without limitation, any failure or interruption of any electronic
communication system between you and Bank, equipment or software failure
or malfunction, electrical, computer, or mechanical failure or malfunctions,
action or in action of government, civil or military authority, fire,
strike, lockout or other labor disputes, flood, hurricane, war, riot,
theft, earthquake, natural disaster, default of common carriers or third
party vendors, and suspension in payments by another financial institution.
SUCCESSORS AND ASSIGNS This Agreement is binding upon and
is for the benefit of Bank and you and their respective successors and
assigns. Bank may, at any time, assign this Agreement to any affiliate,
subsidiary, parent, any company owned or controlled by any affiliate,
subsidiary or parent company or any entity who acquires substantially
all of the business of Bank. Otherwise, Bank and you may not assign this
Agreement to any other person without the express written agreement of
the other party.
AMENDMENTS We reserve the right to change the charges, fees
or other terms described in this Agreement. When changes are made to any
fees, charges, or other material terms, we will update this Agreement,
and send a notice to you at the address shown on our records. The notice
will be sent at least thirty (30) days in advance of the change.
APPLICABLE RULES, LAWS, AND REGULATIONS This Agreement shall
be governed by, and you agree to comply with, the laws and regulations
of the State of Minnesota and applicable Federal laws and regulations.
In addition, you agree to be bound by and will comply with the terms of
this Agreement, requirements of Your Account, the Banks rules and
regulations and the rules and regulations of any funds transfer or wire
system to which the Bank belongs. And dispute between Bank and you must
be brought in the relevant court in Rice County, Minnesota where Bank
is located.
NOTICES Unless otherwise required by applicable law, in
the event we are required to provide a notice or other communication to
you in writing, that notice or communication may be sent to you electronically
to your e-mail address as reflected in our then current records.
16. Electronic Mail
Electronic mail, or e-mail, is available through the Contact Us page on
our Website. E-mail through our Website is not covered by Secure Socket
Layers (SSLs); therefore, this page should be used for general questions
or comments only. The information included on this page should not reveal
financial information or confidential personal information such as, but
not limited to, account numbers or social security numbers.
17. External Links
We may offer various links to external websites. These links are to external
websites that contain information created, published and maintained by
sources independent of the Bank. We have no control over these websites
and therefore do not guarantee the accuracy or completeness of the information
gathered from these sources and we are not liable for their content. Any
use of information obtained from these external links is strictly voluntary.
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