FNBC Bank & Trust hereby discloses the following terms and conditions for User's use of the bank's PC (personal computer)/Internet Banking services. FNBC Bank & Trust reserves the right to modify these terms and conditions at any time, effective upon publication. User's use of the PC services constitutes agreement to these terms and conditions and any modifications thereof.
1. User agrees that the following uses of the PC services are strictly prohibited. User agrees to indemnify, hold harmless, and defend FNBC Bank & Trust from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at User's sole expense, arising from User's failure to abide by these restrictions on use of the PC services.
A. Unauthorized communication of any charge or credit-card information belonging to any other person or entity;
B. Unauthorized communication of any information concerning any password or other on-line access number, code, or identification or any other proprietary information belonging to any other person or entity;
C. Use of the PC services to copy or to distribute or transmit copies of copyrighted materials belonging to any other person or entity is permitted only to the extent that the owner has provided express permission to the User permitting such activity. Copying or distribution or transmitting copyrighted materials other than with permission as specified above is expressly prohibited.
D. Communicating any obscene or defamatory information including but not limited to on bulletin boards or in conjunction with E-mail; or
E. Use of the PC services in violation of any telecommunication, postal, or other local laws or regulations of the User's country of origin or of the United States or in furtherance or in the commission of any crime or other unlawful or improper purpose.
2. FNBC BANK & TRUST AND ITS SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE PC SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANT ABILITY OR FITNESS FOR PARTICULAR PURPOSE AND NEITHER FNBC BANK & TRUST NOR ITS SUPPLIERS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE PC SERVICES ASSUME ANY RESPONSIBILITIES WITH RESPECT TO USER'S USE THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FNBC BANK & TRUST OR ITS SUPPLIERS OR ANY OF THEIR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING CONSTITUTES FNBC BANK & TRUST'S SOLE AND EXCLUSIVE LIABILITY TO USER WITH RESPECT TO USER'S USE OF THE PC SERVICES.
A. Any cause of action concerning the PC services under this Agreement must be commenced within one year after such cause of action has occurred.
3. User further agrees:
A. Transmission of confidential business and sensitive personal information is at Customer's sole risk.
B. FNBC Bank & Trust reserves the right to monitor and review transmissions on-line and in storage, and to remove or reject any material which FNBC Bank & Trust at its sole discretion, believes may be unlawful or objectionable, without prior notice to User.
C. User may be responsible for a $32.00 ACH returned item charge when using bill payment services if sufficient funds are not available to pay specified bills.
D. User agrees to notify FNBC Bank & Trust or its authorized agent no later than 60 days after User receives the FIRST statement on which User believes a problem or error occurred. User further acknowledges receipt of FNBC Bank & Trust's Annual Error Resolution brochure and understands problems and/or errors will be resolved accordingly.
By accepting these terms and conditions, User agrees to:
1. Authorize FNBC Bank & Trust to enable the deposit accounts indicated by the User's self-enrollment in Internet Banking;
2. Understand that internet enabled accounts are subject to the same provisions and regulations as regular deposit accounts as described in the bank's "Understanding Your Deposit Account" disclosure;
3. Understand that transfers to/from internet enabled accounts will occur only on "business days" as defined in the "Understanding Your Deposit Account" disclosure.
4. Understand that FNBC Bank & Trust or its authorized agent will not be responsible for any loss or penalty that I may incur due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from my account.
5. Understand that FNBC Bank & Trust will automatically deduct a $0.00 monthly service fee for services provided by FNBC Bank & Trust. FNBC Bank & Trust may change the above rates with at least 30 days prior notice.
Automated Bill Payment Agreement and Disclosure
FNBC Bank & Trust hereby discloses the following terms and conditions for User's use of bill payment services via the Internet. FNBC Bank & Trust reserves the right to modify these terms and conditions at any time, effective upon publication. User's use of bill payment services constitutes agreement to these terms and conditions and any modifications thereof.
1. User hereby authorizes FNBC Bank & Trust or its authorized agent to make payments to creditors for User, as User may authorize by personal computer from time to time, and also authorizes FNBC Bank & Trust to post such payments to User's account.
2. User understands that FNBC Bank & Trust or its authorized agent will use reasonable efforts to ensure payments reach creditors on time, but cannot guarantee the time a payment will be posted by a creditor. FNBC Bank & Trust or its authorized agent will use reasonable effort in ensuring creditors reverse any service fee or late charge that is related to payment process error. User also understands that FNBC Bank & Trust or its authorized agent will not be responsible for any loss or penalty that User may incur due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from User's account.
3. User agrees to accurately follow product use instructions provided in the on-line tutorial.
4. User agrees to schedule bill payments (payment transaction date) at least five business days before the due date, not including any grace period.
5. User agrees to provide correct payee name, address, account information and payment amount.
6. User agrees to maintain sufficient funds in funding account on the transaction date requested.
7. User agrees to notify FNBC Bank & Trust or its authorized agent no later than 60 days after User receives the first statement on which User believes a problem or error occurred.
8. User acknowledges that FNBC Bank & Trust or its authorized agent may require up to 45 days to investigate a complaint or question. FNBC Bank & Trust or its authorized agent will use all reasonable efforts to resolve an issue within 3 business days. If an issue is reported orally, the User may be required to send the complaint or question in writing within 10 business days. If FNBC Bank & Trust or its authorized agent needs more time, they will credit the User's account within 10 business days for the amount the User believes is in error. If we ask the User to put the complaint or question in writing and we do not receive it within 10 business days, we may not credit the account. If we determine there was no error, we will send a written explanation within 3 business days after the investigation is finished.
9. This service may not be used to transmit alimony, child support or other court-directed payments or tax payments.