NetBanc24
You may
agree to the terms and enter NetBanc24 by clicking "ACCEPT" at the bottom of
this page or "DECLINE" if you do not accept the terms of this agreement and do
not wish to use NetBanc24. Browser Security Requirements: NetBanc24 uses 128-bit strong encryption to ensure your account information remains safe and confidential while traveling over the Internet. You will need a 128-bit strong encryption web browser to access NetBanc24. To learn your browser's current encryption level, please do the following: Microsoft Internet Explorer users: In Internet Explorer, click the "Help" menu and select "About Internet Explorer." Look at the "Cipher Strength." If the Cipher Strength is anything lower than 128-bit, you'll need to upgrade your browser before using NetBanc24. Windows 2000 users will need to also update their operating system encryption. Netscape users: In Navigator or Communicator, click on the Help menu and select "About Navigator" (or Communicator). Look for the boldface section on the left side of the screen. If it says, "This version supports U.S. security," you have 128-bit security. If it says, "International security," you do not have 128-bit security and will need to upgrade your browser before using NetBanc24. Windows 2000 users will need to also update their operating system encryption. If you need to upgrade your browser, we recommend the 128-bit strong encryption version of Microsoft Internet Explorer 5.5. You may download it by clicking on the icon below.
The Service The F&M Bank & Trust Company, Tulsa, Oklahoma ("BANK"), agrees to provide internet banking services (NetBanc24) as described from time to time in information distributed by BANK to its customers. In the agreement, "Customer" refers to the person(s) subscribing to or using NetBanc24. You may use a Personal Computer ("PC"), an Internet connection, an access ID and password to obtain account balances and transaction information. You may also use your PC to obtain statements on your accounts, transfer money between your accounts, issue stop payment orders on outstanding checks and pay bills directly from your checking account in the amounts and on the day you request. Bill Payment services are only available for personal customers. However, transfers from your Money Market account to another account or to third parties by pre-authorized, automatic, telephone, or through electronic bill payment are limited to six per statement cycle with no more than three by check, draft, or similar order to third parties. Transfers from a savings account to another account or to third parties by pre-authorized, automatic, telephone, or through electronic bill payment are limited to six per month with no transfers by check, debit card, or similar order to third parties. Bill payment requests must be submitted at least seven (7) business days before the date to be paid. BY CLICKING ON THE
"ACCEPT" BUTTON, YOU THEREBY INDICATE YOUR CONSENT TO THESE TERMS AND
ACKNOWLEDGE YOUR RECEIPT AND UNDERSTANDING OF THIS DISCLOSURE. PLEASE READ THIS AGREEMENT
CAREFULLY AND KEEP A COPY FOR YOUR RECORDS. Your Access ID and PIN Each individual
who has access to NetBanc24, including each individual named on joint accounts, must
designate an access ID and password. Your access ID must be a minimum of 6 characters and
a maximum of 19 characters. Your password
must be a minimum of 6 characters, up to a maximum of 14 characters, which must consist of
at least two numeric characters.
When
you log-in to the system as a First Time Customer, you must use your PhoneBanc24 assigned
password. You will be prompted to change your
password; however, this will not change your PhoneBanc24 password. Call us at 748-4100 if you do not know your
PhoneBanc24 password.
You
should change your password periodically to enhance security. You can also change your PhoneBanc24 password
through the PhoneBanc24 system if you want your passwords to be the same. We reserve the right to require periodic password
changes and establish limits on re-use of passwords. To guard against
unauthorized use of your access ID and password, NetBanc24 disables the password on the
third incorrect attempt to log-in. The
disabling of the password keeps an unauthorized agent from attempting to guess a password. This will occur if you accidentally activate this
security feature by unintentionally miss-keying a password three times. You will need to call the bank to reestablish the
password for your account(s). A common
mistake made by users is having the caps-lock on while keying in an access ID or password. Since the access ID and password are case
sensitive and you cannot actually see the password characters you are typing, it is easy
to think you are typing the password correctly. Delivery of Your Transfers You may schedule
transfers to be initiated on the current business day, on a future date, or on the same
date of each month, subject to the restrictions in agreements between you and the BANK.
Although you can enter transfer information through NetBanc24 twenty-four (24) hours a
day, seven (7) days a week, transfers can be initiated only on business days. Funds will
be deducted from your account on the business day on which a transfer is to be
"initiated." This date is referred to in this Agreement as the "Transaction
Date." If you direct the initiation of a transfer to occur on a day other than a
business day, it will be initiated on the following business day. Transfers must be
scheduled by the normal cut-off time of 5:00 p.m. (CST) on any business day in order for
the transaction to be completed on that business day. Recurring Transfers Recurring
transfers are those made for the same amount and are made on a weekly, bi-monthly, monthly
basis, etc. Once started, recurring transfers will be made automatically until you tell us
to stop or cancel the transfers and we have a reasonable opportunity to act on your
request. Stop Payments You may issue a Stop Payment order on an outstanding check. You agree to hold the Bank harmless for the amount of said check, together with all expenses and costs incurred by the Bank on account of the Bank refusing payment of the same, and further agree not to hold the Bank liable for its payment in the event you give an amount different than the exact amount of said check, or give a check number different than the exact check number of said check. You agree to notify the payee immediately, in writing, that payment has been stopped on this check and will use due diligence to prevent its being presented for payment. Stop payment orders shall expire in one hundred and eighty days from the date ordered and thereafter the Bank shall be charged with no responsibility in connection therewith unless a new stop payment order is reissued by you before said check is paid. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Call or write us
at the telephone number or address listed in this Agreement in time for us to receive your
request 3 business days or more before the payment is scheduled to be made. If you call,
we may also require you to put your request in writing and get it to us within 14 days
after your call. Our Liability of Failure to Complete Transactions 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 if it is our responsibility. However, there are some exceptions. We will not be liable, for instance:
All payments, transfers, and or/fees made with NetBanc24 will appear on your monthly Account statement. The Payee name, payment amount, and the date of the transfer will be shown for each transfer made through NetBanc24 during that month. If you have arranged to have direct deposits made into your account at least once every 60 days from the same person or company, you can call our PhoneBanc24 service or use NetBanc24 to find out whether or not the deposit has been made. PhoneBanc24 number: 918-748-4300
Fees
and Charges
Bank may modify its fee schedule at any time upon 30 days prior written notice to you. You are also responsible for any telephone tolls and charges (including long distance charges, if any), which you incur by accessing your accounts utilizing NetBanc24 and other related fees. Equipment You are solely
responsible for the equipment (including, in the case of NetBanc24, your personal computer
and software) you use to access NetBanc24. We are not responsible for errors or delays or
your inability to access NetBanc24 caused by your equipment. We are not responsible for
the cost of upgrading equipment to stay current with NetBanc24 nor are we responsible,
under any circumstances, for any damage to your equipment or the data resident thereon.
Business Days/Hours of Accessibility Unless otherwise defined by this Agreement or in an Exhibit, a Business Day is any day that Bank is operating and open for business. Saturdays, Sundays and selected Federal holidays will not be considered Business Days. You should contact Bank to inquire if a given Federal holiday is determined by Bank to be a Business Day. All transactions, deposits, instructions and entries received by Bank on a day that is not a Business Day will be treated as if received on the next Business Day. Contact us for information regarding Bank's normal business hours or visit our web site for hours of operation. You can usually access your Accounts through NetBanc24 seven (7) days a week, 24 hours a day. However, at certain times, some or all of NetBanc24 may not be available due to system maintenance or reasons beyond Bank's control. Bank specifically does not warrant that NetBanc24 will be available at all times. During those times when NetBanc24 is not available, you may use touch-tone telephone service, any TransFund or participating ATM network, or a Bank branch 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 NetBanc24 before 5 p.m. (Central Time) on a Business Day will be posted to your account the same day. All transfers completed on a Saturday, Sunday or banking holiday or after 5 p.m. (Central Time) on a Business Day will be posted on the next Business Day. Notice of Your Rights and Liabilities Security of your transactions is important to us. Use of NetBanc24 therefore requires a access ID and password. If you lose or forget your access ID or password, please call Customer Service during the normal business hours listed below. Customer Service Number: 918-748-4100 We may accept as authentic any instructions given to us through the use of your access ID or password. You agree to keep your access ID and password secret and to notify us immediately if your access ID or password is lost or stolen or if you believe someone else has discovered your access ID or password. You agree that if you give your password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use NetBanc24. Do not discuss, compare, or share information about your account number(s), Access ID, or Password, with anyone unless you are willing to give him or her full use of your money. If you furnish your password and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized and we have sufficient time to act on your instructions. NetBanc24 enables you to change your password; we require that you do so regularly. We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. Please note that we reserve the right to but are not obligated to (1) monitor and/or record all communications and activity related to NetBanc24; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your access ID or password was used in connection with a particular transaction. If any unauthorized use of your access 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 requested by us in recovering any unauthorized transfer of funds. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN ACCESS IDs OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL. Tell us AT ONCE if you believe your access ID or password has been lost, stolen, or compromised in any way. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days, you can lose no more than $50. If you do NOT tell us within 2 business days after you learn of the loss or theft of your access ID or password, and we can prove that we could have stopped someone from using your access ID or password without your permission, if you had told us, 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 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 stopped 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 for a reasonable period of time. If you believe your access ID or password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed below. Errors and Questions In Case of Errors or Questions About your Electronic
Transfers or Bill Payments, Call or Write us at the telephone or address listed below,
as soon as you can, if you think your statement or receipt is wrong or if you need more
information about a transfer or bill payment listed on the statement or receipt. We must
hear form you no later than 60 days after we sent the FIRST statement on which the problem
or error appeared. 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 (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer or bill payment involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened. 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.
THE
F&M BANK & TRUST COMPANY
Business
Days: Monday through Friday, 9:00 a.m. to 5:00 p.m. Disclosure Information to Third Parties of Account We will disclose information to third parties about your account or the transactions you make:
Authorization to Obtain Information You agree that we
may verify credit and employment history by any necessary means, including preparation of
a credit report by a credit reporting agency. Termination If you want to
terminate your access to NetBanc24, please call Customer Service. After receipt of your
call, we will send a written termination authorization for your signature and return to
us. We reserve the right to terminate NetBanc24, 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, including recurring transfers and other transfers
that were previously authorized but not yet made. We also reserve the right to temporarily
suspend NetBanc24 in situations deemed appropriate by us, in our sole and absolute
discretion, including when we believe a breach of the system security has occurred or is
being attempted. We may consider repeated incorrect attempts to enter your access ID or
password as an indication of an attempted security breach. Termination of NetBanc24 does
not affect your obligations under this Agreement with respect to occurrences before
termination or cooperation after termination. Limitation of Liability Except as
otherwise provided in this Agreement or by law, we are not responsible for any loss,
injury, or damage, whether direct, indirect, special or consequential, caused by NetBanc24
or the use thereof or arising in any way out of the installation, operation, or
maintenance of your PC equipment. Assignment You may not
transfer or assign your rights or duties under this Agreement. Governing Law The laws of the
state of Oklahoma shall govern this Agreement and all transactions hereunder, without
giving effect to any conflict of laws rule or principle that might result in the
application of the laws of another jurisdiction. Customer acknowledges that he/she has
reviewed this Customer Agreement, understands the terms and conditions set forth herein,
and agrees to be bound hereby. Amendments We can change a
term or condition of this Agreement by mailing or delivering to you a written notice at
least thirty (30) days before the effective date of any such change. We do not need to
provide you with any prior notice where an immediate change in the terms or conditions of
this Agreement is necessary to maintain and restore the security of our system or an
account. However, even in these cases, if the change is to be made permanent, we will
provide you with a notice of the change with the next regularly scheduled periodic
statement that we send you, or within thirty (30) days, unless disclosure would jeopardize
the security of our system or an account. Notices mailed or delivered to you under this
paragraph will be considered effective if mailed to the most recent address we show for
you in either or Checking or Savings Accounts records, or e-mail address in which you
authorized the BANK to send such notices and/or disclosures. Indemnification Customer, in
consideration of being allowed access to NetBanc24, agrees to indemnify and hold the BANK
harmless for any losses or damages to the BANK resulting from the use of NetBanc24, to the
extent allowed by applicable law. Security Procedures By accessing
NetBanc24, you hereby acknowledge that you will be entering a protected web site owned by
the BANK, which may be used only for authorized purposes. Any unauthorized use may be a
violation of state and or federal law and will be prosecuted to the fullest extent allowed
by law. The BANK may monitor and audit usage of the System, and all persons are
hereby notified that use of NetBanc24 constitutes and are subject to prosecution under the
Computer Fraud and Abuse Act of 1986.
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