- Coverage. This Agreement applies to your use of NetTeller, First National Bank’s Internet Banking & Bill Pay Service , which permits you to access your accounts with us via the Internet for services selected by you and agreed upon by us. This Agreement applies to all persons that are parties to the accounts. In this Agreement, the terms "you" and "your" refer to each depositor on an account accessible by NetTeller, and the terms "Bank," "us," "we," and "our" refer to First National Bank.
- Enrollment/Application Forms. To establish NetTeller you will complete the NetTeller Application evidencing your desire to access your accounts using NetTeller. The specific services available to you are identified in this Agreement and Disclosures. Your signature on the NetTeller Application constitutes your agreement to the terms of this Agreement. Additional information relating to NetTeller is included in the on-line manual or instructions provided to you and incorporated into this Agreement.
- Your Responsibility. You are responsible for selecting all systems, hardware and your internet service provider and for any defect, malfunction or interruption in service or security due to hardware failure, your choice of internet service provider and systems and computer services.
- Access Codes. We will either issue to you, or you will be required to select one or more personal identification numbers, NetTeller ID, or other access codes (passwords) to access services using NetTeller. The password has the same effect as your signature authorizing transactions. You agree to safely keep the password, not to record the password or otherwise disclose or make the password available to anyone other than authorized users of your accounts. Anyone to whom you disclose your NetTeller ID and password and anyone who has access to your NetTeller ID and password will have full access to the services you can perform on NetTeller, including full access to your accounts. You have no ability to limit any such person's authority. If anyone uses your password with your permission, you will be responsible for any transactions performed by that person.
- Customer Liability. Tell us at once if you believe your password has been lost, stolen or otherwise become available to an unauthorized person. Telephoning is the best way of keeping your possible losses down. If possible, change your password immediately through NetTeller. You could lose all the money in your accounts (plus your maximum overdraft line of credit). If you tell us within two business days, you can lose no more than $50 if someone used your password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your password, and we can prove that we could have stopped someone from using your password without your permission, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days of the date we mail or electrically distribute a periodic statement to you, you may not get any money you lost after the 60 days if we show that we could have stopped someone from taking the money if you would have told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
- Contact in Event of Unauthorized Transfer. If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (715) 258-5511 or write First National Bank, 111 Jefferson Street, Waupaca, WI 54981.
Functions. Using your password and NetTeller you can perform the following functions in connection with the accounts described in the NetTeller Application. You can:
- View account information
- Transfer funds among your deposit accounts
- Transfer funds from your line of credit to your checking account
- Make payments to businesses or individuals from your deposit accounts
- Make payments to business or individuals from your deposit accounts
- Retrieve/view account statements and other available notifications
- Set up recurring payments, make one time payments and track your payments to individual payees from your Checking Account(s)
Subject to available funds, you may transfer funds through NetTeller in any amount.
- Disclosures Specific to Funds Transfers
- Business Days. Our business days are Monday through Friday. We can process a fund transfer between FNB accounts on the same business day as your instructions, if we receive your instructions before our NetTeller cut-off hour of 3:00 p.m. on a business day. If we receive your instruction after the end of our business day, we process the transfer on our next business day. If you schedule a funds transfer for a future date, we process the transfer after the close of business on that date, if that day is a business day. If the date you request for a future transfer is not a business day, we process the transfer on our next business day. If you schedule a recurring funds transfer and the transfer date does not exist in a month, the transfer will be processed on the last business day of that month.
- Cancelling Funds Transfers
- Cancelling an Order. You may cancel or change a pending funds transfer by selecting and accurately completing the appropriate fields from the transfer menu. Any instruction to cancel or change a transfer must be received prior to the cutoff time on the day the transaction is to be processed. Except for preauthorized transfers, if we don’t receive your complete and accurate instruction identifying a funds transfer prior to that time, we may process the transfer.
- Our Rights. If we fail to cancel or stop any funds transfer, the payment will stand unless you show us that payment to the payee was unenforceable. If we re-credit your account after transferring funds over a valid and timely cancellation request, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee, and to assist us in any legal action taken against that person.
- Overdrafts. When you schedule a funds transfer using NetTeller, you authorize us to withdraw the necessary funds from your account with us. We deduct the amount of your funds transfer from your account on the date we process your instruction. Each instruction to us to withdraw or transfer from an account is an order to us to pay from that account at that time or on a later date, if any, indicated in the instruction. We may charge payments against the account even though the charge creates an overdraft, or we may refuse to make payments if the charge creates an overdraft. If you overdraw your account, you agree to immediately pay us the overdrawn amount, together with any applicable fees. If the account is maintained in connection with an overdraft credit plan, any overdraft will be made in accordance with the agreement or rules governing that account rather than this Agreement.
- Limitations on Transfers. Under federal regulations, you may make no more than six preauthorized electronic fund transfers and telephone transfers, including NetTeller, checks and point-of-sale transactions per month from your savings or money market deposit account. Of these six transactions, you are limited to no more than three transactions per month by check, draft, debit card or similar order to third parties. Each fund transfer through NetTeller from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each month. (However, payments to your loan accounts with us are not counted toward this limit for savings and money market deposit accounts.)
Our Liability For Failure to Make Transfers. If you have given us all of the proper and timely instructions and have properly completed all fields to complete a transfer, and we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, subject to the limitations contained in this Agreement, we will be liable for your losses or damages proximately caused by our failure. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, your account does not contain sufficient collected funds to make the transfer.
- If the money in your account is subject to legal process or other encumbrances restricting the transfer.
- If the transfer would go over the credit limit on your overdraft credit plan, if any.
- If a transfer system was not working properly and you knew about the breakdown when you started the transfer.
- If an act of God or circumstances beyond our control (such as fire or flood) prevent the transfer or use of NetTeller despite reasonable precautions that we have taken.
- If incomplete or inaccurate information is forwarded to us by you or through an automated clearinghouse.
- If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a bill payment.
- If you have not properly followed the instructions for using NetTeller.
- If your operating system is not properly installed or functioning properly.
- For errors or failures from any malfunctions of your browser, internet service provider, computer, computer virus or other problems relating to the computer equipment you use with NetTeller, including, without limitation, your inability to access NetTeller or any part of NetTeller.
- For a failure to provide access or for interruptions in access to NetTeller due to NetTeller system failure.
- NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED BY LAW, OUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD PARTY PROVIDER IN TRANSFERRING FUNDS WILL BE TO CORRECT THE ERROR AND PAY ANY PENALTIES AND ASSOCIATED LATE CHARGES TO THE PAYEE, BUT IN NO CASE WILL THE BANK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR IN ANY WAY RELATED TO NETTELLER.
- Disclosures Specific to Bill Pay
- Bill Pay Authorization
You authorize First National Bank to post payment transactions generated from the Bill Pay Service. You understand that you are in full control of your account. If at any time you decide to discontinue service, you will provide written notification to First National Bank.
You understand that you are responsible for any loss or penalty ($) that you may incur due to lake of sufficient funds or other conditions that may prevent the withdrawal of funds from your account.
- Bill Pay Set up & Processing
When setting up a payee in Bill Pay, the PAYEE LIST screen will let you know if the payee will be paid electronically or by check.
For an ELECTRONIC PAYMENT, allow 3 business days from when the payment is submitted. For a CHECK payment, the check will be in the mail the same day the payment is submitted if it is submitted before 2 a.m. processing. If the check payment is entered before 12:00 Noon CST, the check will be mailed the following morning. Allow 5 to 7 days for a check payment. (Please note that we have no control over the U.S. Postal Service.)
Payments submitted, recurring or one time, before 2:00 AM CST (Monday-Friday will be processed at 2:00 AM CST. Payments submitted between 2:00 AM CST and Noon CST will be processed at 12 Noon CST. Payments received after 12:00 Noon CST on Monday-Thursday will be processed the next business day. Payments received after 12:00 Noon CST on Friday will be processed the next business day. All payments scheduled to go on a weekend will be processed on the processing day before the weekend. All payments scheduled to go on a holiday will be processed the day before that date. Payments enter on the weekend, recurring or one time, will be processed on the next business day.
- BUSINESS Bill Pay Users ONLY
You will be charged $3.95 per month plus $0.35 per bill paid. The charge will be automatically deducted from your checking account.
If you do not access or use Bill Pay for a period of more than ninety (90) days, we may, in our sole discretion, terminate your access to and use of Bill Pay without notice to you.
You are solely responsible for controlling the safekeeping of and access to your Bill Pay information. You are liable for all transactions you make, or that you authorize another person to make, even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must change your NetTeller logon password. In the event that you have experienced unauthorized access to our Bill Pay, you must notify us of the unauthorized access, identify any Payments made or potential Payments scheduled, and change your logon information.
You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. We are not responsible for a Payment that is not made if you did not properly follow the instructions for making the Payment. We are not liable for any failure to make a Payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a payment. We are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications faculty, and no such party shall be deemed to be our agent.
In any event, we will not be liable for any special, indirect, consequential, incidental, or punitive losses, damages, or expenses, in connection with this Agreement or the Service, even if we have knowledge of the possibility of them. We are not liable for any act, failure to act, or delay in acting if it is caused, in whole or in part, by any cause beyond our reasonable control.
You acknowledge that the Stop Payment feature of NetTeller is an alternate entry system for issuing stop payment orders between you and Bank. When you elects to execute stop payment requests through NetTeller, you agrees to indemnify and hold Bank harmless for all costs, expenses or damages which Bank may incur or suffer in connection with or arising from refusing payment thereof, or efforts to stop payment thereof and further agrees that Bank will not be held liable on account of payment thereof contrary to such request if such payment occurs through inadvertence, oversight, mistake or accident, or if by reason of such payment, other items drawn by you are returned because of insufficient funds. In complying with the stop payment request, Bank's duty will extend only to the exercise of good faith and ordinary care.
Prior to requesting a Stop Payment, it is your responsibility to first verify that the item has not already been posted to your account. If a stopped item has already been paid prior to Bank's entry of the request, then Bank will not be liable for any loss incurred by you arising from the event.
You further agrees that Bank will be obligated to honor the stop payment order only if received at such time and in such manner to afford Bank a reasonable opportunity to act on said order. If an immediate response is required, you should execute the stop payment request by speaking to Bank personnel by phone or in person.
Any stop payment request received though NetTeller is only binding upon Bank for fourteen (14) calendar days and thereafter must be confirmed in writing by an authorized signer on the applicable account of the Customer, which will be effective for six (6) months. Revocation of the stop payment order must be in writing.
- Fees. We will charge you for Internet Banking Service fees, if any, identified in our current fee schedule, and as it may be amended by us from time to time, and otherwise in accordance with our Deposit Account Disclosures.
- Periodic Statements. Your NetTeller account activity will appear on your periodic account statement. If there are no transfers in a particular month, you will receive statements at least quarterly.
Account Information Disclosure.
We will disclose information to third parties about your account or the transfers you make, as permitted by law, including, without limitation: where it is necessary for completing or tracing transfers or resolving errors or claims; in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant or other financial institution; in order to comply with court orders or other legal process; to comply with subpoenas, summonses, search warrants or requests from government agencies; to other companies affiliated with us; to others with your consent; and whenever required by law; and to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements.
You agree that we may deliver our privacy notices and opt-out notices to you by making them available on our web site.
Termination. We may modify, suspend or terminate your privilege of using NetTeller and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate your NetTeller, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. Any one person who can use the account accessible with NetTeller may terminate NetTeller. Termination shall not affect the rights and obligations of the parties for transactions made with NetTeller before we have had a reasonable time to respond to your termination request.
You must cancel all future funds transfers and Bill Pays, whether recurring or individual payments, when you terminate NetTeller or we may continue to process such payments and Bill Pays.
- Third Parties. You understand that support and services relating to NetTeller are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service.
- Amendment. We may amend this Agreement at any time. Notice will be sent to you at your current address in our files. Amendments will be effective upon the date indicated in the notice.
- General. This Agreement is intended to supplement and not to replace other agreements between you and us relating to your accounts, including, without limitation, our Deposit Account Disclosures. In the event of a conflict between this Agreement and any other account disclosures and agreements that apply to your accounts, this Agreement shall govern and prevail.
In Case of Errors or Questions About Your Electronic Transfers
Telephone us at (715) 258-5511 or write us at First National Bank, 111 Jefferson Street, Waupaca, WI 54981, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. 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 (if any).
- Describe the error or the transfer 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 business 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 credit your account within 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 question in writing and we do not receive it within 10 business days, we may not credit your account.
The 10 day periods in the preceding paragraph may be extended to 20 business days, if the error involves a transfer to or from the account within 30 days after the first deposit to the account was made.
If the error involves an electronic transfer from your account to buy goods or services direct from a merchant, a transfer initiated outside of the United States or a transfer that occurred within 30 days after the first deposit to the account was made, the 45 day time period to investigate your complaint or question will be 90 days in place of 45 days.
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.
You should retain a copy of this agreement for your records. Upon submission, there will be a link on the next page to take you to this agreement. From there, either print or save the agreement