The First State Bank Online Banking Customer Agreement
Please read the Online Banking Agreement below and if you agree, click the I Agree button at the bottom of the page. This agreement contains the terms and conditions of your enrollment and use of The First State Bank Online Banking, including, but not limited to, your rights, obligations, and liabilities as a user; system requirements and security features; and applicable fees.
Please print and retain a paper copy of the Online Banking Agreement for your records. Your use of Online Banking services constitutes agreement to the terms of the Online Banking Agreement.
The First State Bank Online Banking Customer Agreement
This Online Banking Customer Agreement ("Agreement") shall govern your use of The First State Bank Online Banking Service ("Service"). This Agreement also describes terms and conditions of funds transfers available using the Service, and provides disclosures related to Consumer Accounts required by the Electronic Fund Transfer Act. Please read this Agreement carefully because it informs you of your rights and obligations with respect to use of the Service. By your application for and use of the Service, you agree to the terms and conditions contained in this Agreement. You should print and keep a copy of this Agreement for future reference.
1. Definitions. As used in this Agreement, "Billable Account" means your checking account that is active and from which we may deduct any monthly fees for the Service on your behalf. "Account" and/or "Accounts" means your checking or savings accounts, your loan accounts, and any other of your accounts which may be accessed using this Service. In this Agreement "Consumer Account" means an Account used primarily for personal, family and/or household purposes. "Business Account" means an Account used primarily for business purposes. In this Agreement, "you" or "your" refers to The First State Bank customer subscribing to or using the Service. "The First State Bank", "we", "Bank", "us" or "our" refers to The First State Bank, Canute, Oklahoma, a state chartered bank, as well as any agent, independent contractor, designee, or assignee Bank may, in its sole and absolute discretion, involve in the provision of the Service. The First State Bank Policy Disclosures are the documents you received at the time of opening your Account which contain the Terms and Conditions of Your Account, Electronic Funds Transfer disclosures, Funds Availability Policy, and Our Privacy Disclosure Policy, and which, along with the Signature Card you signed at Account opening, constitutes your agreement with The First State Bank as to the terms and conditions of your Account.
2. Online Banking Features:
- View detailed account balances and information.
- View images of cancelled checks.
- Download transactions.
- Schedule non repetitive and repeating transfers between your checking and/or savings Accounts
- Send secure emails to The First State Bank.
3. Hardware and Software Requirements. In order to use the Service, you must have at least the following:
Windows 98, Windows 2000, Windows ME and Windows XP:
- Microsoft Internet Explorer version 6.0 or higher
- Netscape Navigator version 6.1 or higher
- Mozilla Firefox version 1.0 or higher
- Opera version 7.54 or higher
Mac OS X:
- Netscape Navigator version 7.0 or higher
- Mozilla Camino version 0.8.1 or higher
- Apple Safari version 1.0 or higher
- Mozilla Firefox version 1.0 or higher
- Opera version 7.54 or higher
These requirements may change from time to time.
4. Your Password. You will choose a user ID and Password you will use to obtain access to the Service. You authorize us to follow any instructions you or your authorized agent enters through the Service using your Password. Because your Password can be used to access money and information about your Accounts, you should treat your Password with the same degree of care and secrecy that you use to protect your automated teller machine (ATM) card, personal identification number (PIN) or other sensitive personal financial data. You agree not to give your Password, or make it available, to any person not authorized to access your Accounts.
5. Business Days. Our business days are Monday through Friday, 8:30 a.m. to 5:00 p.m. C.T., at the Oklahoma City & Midwest City banking centers, and Monday through Friday, 9:00 a.m. to 3:00 p.m. C.T. at the Canute banking center, with the exception of legal holidays. The Service is available 24 hours a day, seven days a week, except during maintenance periods and periods in which we are unable to offer the Service for technical or strategic reasons, in our sole discretion.
6. Balance Inquiries, Account Information and Transfers. You may use the Service to check the balance of your Accounts and to transfer funds among your designated Accounts. In order to initiate one of these transactions, you must first access www.thefirstsb.com on the Internet and sign on to the Service using your Login and Password. Account balances will be current as of the date and time you sign on to the Service or as set forth in notices or Terms and Conditions on the website from time to time. The balance displayed by the Service may include deposits still subject to verification by us. The balance shown also may differ from your records because it may not include deposits in progress, check card authorizations, outstanding checks, or other withdrawals, payments or charges. Funds transfers will be made available in accordance with the Funds Availability Policy as set forth in The First State Bank Policy Disclosures. If there are insufficient funds in an Account from which you are requesting a funds transfer, we reserve the right to reject your request. In addition, your ability to make certain transfers from certain types of Accounts may be limited by applicable federal law (see The First State Bank Policy Disclosures for more information). Subject to the terms and conditions of enrollment, you will be able to view information for one or more accounts in which you have an ownership or relationship. If you do not wish to have the right to view any particular accounts, please call your local banking center, and we will remove the capability to view the account from your Online Banking access.
7. Security Measures and Operating Procedures. You agree not to disclose any proprietary information regarding the Service to any third party. You further agree to comply with all Security Procedures, to maintain the confidentiality of all user numbers and passwords which you adopt or which are assigned to you, and to take such other measures as may be appropriate to prevent unauthorized access to the Service. You agree to notify us immediately as set forth in this Agreement, if you believe that your user numbers or passwords have been compromised or that an unauthorized person has gained access to the Service. You recognize that the Service is the property of a third party and agree to comply with such procedures and requirements as may be established from time to time by the owner of the Service or by us. As to your use of the Service in connection with any Business Account, you acknowledge and agree that you have reviewed the Security Procedure set forth in Paragraph 8 below and have independently determined that the Security Procedure (1) is a commercially reasonable method of providing security against unauthorized payments, and (2) is adequate based on the size, type and frequency of payment orders and/or transfer requests which you anticipate. You further agree that you are responsible for ensuring that the Security Procedure continues to be commercially reasonable and adequate as described above in the future, and that you shall notify us immediately in writing if you determine to the contrary. Unless the Electronic Funds Transfer Disclosures set forth in Paragraph 9 are applicable, if an order or request received by us purports to have been transmitted or authorized by you, it will be deemed effective even if not so authorized, provided we acted in compliance with the Security Procedure regarding the order or request. If an order or request was transmitted or authorized by you, you shall be obligated to pay the amount, whether or not we complied with the Security Procedure.
8. Security Procedures. To protect against application and use of this Service by unauthorized users, the following procedures are employed:
- Only users who have an existing Account may apply online for the Service;
- Applicants must indicate agreement to the terms and conditions contained in this Agreement, and must complete certain application information designed to authenticate the applicant as the owner of the Account;
- Applications undergo validation against current Account information;
- To protect against unauthorized transfers, a multi-level security procedure is used consisting of user ID's and individual passwords. Other security standards and procedures are as follows:
- Secure Socket Layer ("SSL") protocol and digital certification and authentication with a 128 bit encryption.
- One or more firewall servers or devices to control the flow of traffic into the Service.
- Intrusion Detection software to identify attempted intrusions to the Service.
- Virus prevention/detection software for continuous protection against infection.
- To minimize the risk of unauthorized access to account information, you should close your browser, delete temporary Internet files, clear your cache, and delete any cookies if you are using a public computer.
9. Electronic Funds Transfer Disclosures. This Section 9 applies only to Consumer Accounts. By your application for and use of the Service, you acknowledge acceptance of these Electronic Funds Transfer Disclosures.
- Electronic Funds Transfers. Electronic Funds Transfers shall have the same meaning as described in the Electronic Funds Transfer Act and its implementing regulation, including but not limited to transfers between Accounts and bill payments initiated using the Service. Note that bill payments initiated using the Service are also subject to the terms and conditions contained in the Bill Payment Service Agreement.
- Your Liability for Unauthorized Transfers. Notify us AT ONCE should you believe your Password has been lost or stolen or if you believe that an unauthorized transfer from your Account has occurred. Telephoning your local banking center, whose phone numbers can be found under the Contact Us tab on the homepage, is the best way of keeping your potential losses to a minimum. You could lose all the money in your Account. If you tell us of the lost or stolen Password within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your Password without your permission. If you do NOT notify us within two (2) business days after you learn about the loss or theft of your Password and we can prove we could have stopped someone from using your Password without your permission if you had notified us within the time period, you could lose as much as $500.00. Also, if your statement indicates transfers that were unauthorized, notify us at once. If you do not notify us within 60 days after the statement was mailed to you, you may not recover any money you lose after the 60-day period if we can prove that we could have stopped someone from making an unauthorized transfer if you had notified us within the time period.
- Notification Procedures. If you believe your Password has been lost, stolen, or that someone has transferred or may transfer money from your Account without your permission, contact your local banking center.
- Error Resolution Procedures and Consumer Rights. If you think your statement is wrong, or if you need more information about a transfer listed on the statement, you must notify us no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Your notice should include:
- Your name and Account number.
- A description of the error or the transfer you are questioning and an explanation of why you believe it is an error or why you need more information. Your explanation should be as clear and complete as possible.
- The dollar amount of the suspected error.
- If you notify us verbally, we may require that you send us your complaint or question in writing within 10 business days.
- Within 10 business days after we receive your written complaint or question, we will determine whether an error occurred and will correct any error promptly. If we need more time, however, we may decide to 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 after we receive your written complaint or question 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 question in writing and we do not receive it within 10 business days, we may not credit your Account.
- Exception For New Accounts: For new transaction Accounts (Accounts on which each owner does not have or has not had within the previous 30 days a transaction account at The First State Bank), we may take up to 90 days to investigate your complaint or question, provided we credit your Account for the amount in question within 20 business days.
- In Case of Error or Questions About Your Electronic Transfers:
- Contact your local banking center.
- We will tell you the results within three (3) business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigations.
- Information to Third Parties. We will only disclose information to third parties about your account or the transfers you make where necessary for completing the transfers, or in order to verify the existence and condition of your account for a third party such as a credit bureau or merchant, or if you give us your written permission. Also see section labeled "Information to Third Parties" below.
- Our Liability for Failure to Complete Transfers. Generally, if we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your Account to make the transfer;
- If the Service was not working properly and you knew the Service was down when you started the transfer;
- If your computer or modem was not working properly;
- If the Payee mishandles or delays in handling payments sent by us;
- If you have not provided us with the correct Payee name, address, account information, or payment amount;
- If circumstances beyond our control (such as fire or flood or Internet down time or service provider connectivity problems) prevent the transfer, despite reasonable precautions we have taken;
- If the funds are subject to legal or other encumbrance;
- Federal Reserve Board, Federal Deposit Insurance Corporation or state banking regulations might prohibit such transfer.
10. Authorization to Obtain Information. You agree that we may obtain and review your credit report from an authorized credit bureau in order to process your application for the Service. You also agree that we may obtain information from your Payees regarding your payments and the Payee accounts credited with same in order to facilitate proper handling and crediting of your payments.
11. Termination. You may terminate your use of the Service at any time by calling your local banking center, or at such other telephone numbers or addresses as included in the Terms and Conditions or otherwise posted on our website from time to time. You must notify us at least ten (10) business days prior to the date on which you wish to have your Service terminated. We may require that you put your request in writing. We will charge you a fee for the month in which your termination is effective in accordance with Section 12, Fees. We may terminate your use of the Service, in whole or in part, at any time without prior notice. Your access to the Service will be terminated automatically if your Billable Account is closed, or access to your Billable Account is restricted, for any reason. We have the right to terminate your access to the Service if you do not access the Service during any ninety (90) day period. If you would like to transfer the Service to a different account with us, you must provide seven (7) business days advance written notice. Termination will not affect your liability or obligations under this Agreement for transactions we have processed on your behalf. If you sign up for the Bill Payment Service, please reference your Bill Payment Agreement for important information regarding termination of that service.
12. Fees. The following fees will be charged to your Billable Account in connection with the Service. In addition to the fees set forth below, please consult your local banking center's Fee Schedule for the standard fees, which will be charged in connection with your account.
Online Banking monthly fee: Free to all account holders
Bill Payment Services monthly fee: Free to all account holders
Bank's failure to assess any charges or to assess charges in any specific amount does not waive Bank's right to increase or decrease the amount of charges later. Fees are reviewed periodically and are subject to change. You will be notified of any fee changes at least thirty (30) days prior to the change taking effect.
13. Limitation of Liability. The First State Bank will not be liable in the case of damages alleged to be caused by any error, omission, malfunction or defect which was not intentional on the part of The First State Bank and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid any such error. You further agree that, other than as specifically provided herein, The First State Bank will not be responsible for your failure to timely receive any notice. You agree to indemnify The First State Bank against claims by third parties arising from or in connection with your use of the Service. Except only as specifically provided herein, or by law, we are not responsible for indirect, punitive, special, general or consequential damages, caused by or related to the Service, the use thereof, or any other matter addressed in this Agreement.
14. Equipment. Except as provided herein, we are not responsible for any loss, damage or injury whatsoever resulting from:
- An interruption in your electrical power, telephone service, or cable access service;
- The disconnecting of your telephone line or cable line by your provider or from deficiencies in your line quality; or
- Any defect or malfunction of your computer or other Internet device, modem, telephone line, cable access line, or software to which data from The First State Bank Online Banking Product is downloaded.
- We are not responsible for any services relating to your computer other than those specified in this Agreement.
15. Entire Agreement. This Agreement shall constitute the complete and exclusive agreement between you and us related to the Service and shall supplement The First State Bank Policy Disclosures and any other disclosure(s) related to your Billable Account and/or other Accounts. In the event of a conflict between this Agreement and the Policy Disclosures, any other disclosure(s) related to your Billable Account or other Accounts, or any statement by our employees or agents, this Agreement shall control. In the event that this Agreement conflicts with Terms and Conditions posted on the website from time to time, the latter shall control.
16. Waivers. No waiver shall be valid unless in writing and signed by an authorized representative of the Bank. No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of that or any other right or remedy.
17. Assignment. You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.
18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws and regulations of the FDIC and, to the extent applicable, the laws of the state of Oklahoma in which the accounts are deemed by The First State Bank to have been opened.
19. Joint Subscribers. Where two or more persons subscribe to the Service for their joint Account(s), we are entitled to rely and act upon instructions from any one such subscriber.
20. New Accounts. You authorize us to add to your online banking access any Accounts opened after your application for the Service on which you are listed as owner ("New Account"). Such New Account access will be for viewing purposes only, and will not include the ability to transfer funds to or from such new Accounts. In order to set up transfers to or from New Accounts, you must call your local banking center.
21. Information to Third Parties. The First State Bank will disclose information about your Account to third parties as provided by Our Privacy Disclosure Policy, which is contained in The First State Bank Policy Disclosures and is posted on our website. You may also call your local banking center if you would like us to send you a copy.
22. Changes to this Agreement. The First State Bank reserves the right to change this Agreement at any time and shall provide notice of such changes only as required by applicable law.
23. Notices to You. You agree that we may provide any notice to you called for in this Agreement by either posting it to our web site, by e-mail to the e-mail address you have provided us, or by mail to the street address you provided us, as the Bank may select. Notices sent to you will be effective when mailed or sent by e-mail.
24. Electronic Disclosures. You agree that we may make available exclusively via our website all disclosures required by law which may be permissibly given electronically. These include, but are not limited to, required disclosures under Regulation E and CC of the Federal Reserve Board. You should print out all such disclosures in order to retain them for your records. If at any time you are unable to print your disclosures, or should you wish to withdraw your consent to electronic receipt of disclosures, please call your local banking center so the disclosures may be mailed to you in paper form.
25. Subject to Approval. You agree that you shall not be entitled to utilize the Service until your application has been reviewed by The First State Bank and accepted. You will be notified in writing if your application for the Service is declined.
By selecting the I Agree button below, you acknowledge that you have read the Online Banking Agreement and agree to the terms and conditions contained therein.
If you select the I Do Not Agree button, your enrollment process will be cancelled and you will be returned to The First State Bank homepage.