FIRST AMERICA BANK
INTERNET BANKING POLICY
Internet Banking and Bill Pay Customer Agreements - Revised 7/23/2013
Before you sign up for 1stNet Online Banking you must read and accept the following agreement. To accept, read the agreement and then click the "I Accept" button at the bottom of this document. To decline, click the "I Decline" button at the bottom of this document.
First America Bank Internet Banking Policy & 1stNet Online Banking Customer Agreement
BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT WILL APPLY TO AND GOVERN YOUR USE OF THE INTERNET BANKING SERVICES ("1stNet") OFFERED BY FIRST AMERICA BANK, A STATE CHARTERED BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA ("THE BANK"), AND THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, AND YOU WILL CREATE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND THE BANK. IF YOU HAVE QUESTIONS ABOUT THIS AGREEMENT, CONTACT CUSTOMER SERVICE FOR ONLINE BANKING AT (941) 761-7080, BEFORE ENTERING INTO THIS AGREEMENT.
This Agreement is entered into between First America Bank (the "Bank") and any customer of the Bank who subscribes to 1stNet Online Banking. The customer is referred to in this Agreement as "you" or "your." The Bank is referred to in this Agreement as "Bank," "us," and/or "our." You should carefully read this Agreement, the Bank's instructions on the use of 1stNet Online Banking and 1stNet Online Banking Bill Pay, as they may exist and as may be amended from time to time ("Instructions"), and the 1stNet Online Banking Bill Pay Fee Schedule before you use 1stNet Online Banking. If you use 1stNet Online Banking or permit another to use 1stNet Online Banking on your behalf, you agree to the terms and conditions stated in this Agreement and the 1stNet Online Banking Fee Schedule. You must follow all of our instructions and procedures applicable to the services covered by this Agreement.
Other Accounts, Loan Agreements and Services These terms and conditions are in addition to those that apply to any accounts you may have with us, loan or credit agreements, or any other services you obtain from us, including your signature card, the account and depositing disclosures, agreements, and fee schedules, the terms and conditions of any loan or credit agreements, the accompanying schedules and disclosures, and any change of terms notices. If you have more than one account or other relationship with us, you may "link" the relationships together as we permit. Accounts that are linked under 1stNet Online Banking must have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account.
Electronic Fund Transfer Act and Regulation E The Electronic Fund Transfer Act (EFTA) and its implementing regulation, Regulation E ("REG E"), govern some of the transactions permitted through 1stNet Online Banking. Some of the terms and conditions of this Agreement are disclosures required by REG E.
Computer Requirements In order to use 1stNet Online Banking, you will need the type of computer, related equipment, and software described in the Instructions. (In this Agreement, your computer and the related equipment are referred to together as your "Computer"). You are responsible for the installation, maintenance, and operation of your Computer and your software. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not operate your Computer or your software correctly. The Bank is not responsible for any errors or failures from any malfunction of your Computer or your software. The Bank is not responsible for any Computer virus related problems that may be associated with the use of the 1stNet Online Banking system. The Bank shall have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your Computer or your software. THE BANK MAKES NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
User ID and Password Prior to your first use of 1stNet Online Banking, you will be required to select a User ID and up to two telephone numbers to receive your initial One-Time Passcode and any future Passcodes should the computer not be registered in 1stNet Online Banking. Once you receive the initial One-Time Passcode, you will be able to change it to a password of your choosing. Your User ID must be at least six (6) characters in length and cannot contain all numerals. Only User ID's with these special characters @ $ _ - = . ~ ! are allowed. Your password must be between 6 and 12 characters, contain characters from at least two letters, numbers and any special characters. The password cannot contain any spaces or be a substring of the username. Use of the User ID and Password is the agreed security procedure between you and the Bank. Keep your User ID and Password confidential in order to prevent unauthorized use and possible loss to your accounts, and to prevent unauthorized use of 1stNet Online Banking. Anyone to whom you give or disclose your User ID and Password will have full access to your accounts, even if you attempt to limit that person's authority. There is no charge if you change your User ID and Password for security reasons. If you forget your User ID or Password you must contact the Bank to have it issued to you. It may take several days before you receive them. Under no circumstances should a Bank employee request your User ID or Password through 1stNet Online Banking, over the Internet, or through other contact. Do not respond to any such request, even if the person claims to represent the Bank.
Security The Bank is committed to the security of its customers' accounts and account information. Similarly, you must take every precaution to ensure the safety, security, and integrity of your accounts and transactions with 1stNet Online Banking. The User ID and Password are the Access Devices to your accounts and other services provided herein; providing the Access Devices to another person effectively constitutes a grant of authority to access your accounts under REG E. The following guidelines should assist you in these efforts: Do not give or disclose any part of your User ID or Password to anyone, including any Bank employee, particularly while on the telephone or on-line or while using the Internet. Do not leave your account information out in an open area accessible by others, including your Computer screen. Do not send your User ID and Password or privileged account information over any public or general e-mail system. Do not leave your Computer unattended while you are connected to 1stNet Online Banking. Please observe these guidelines. Remember, you may be held liable for the unauthorized use of your User ID and Password.
1stNet Online Banking Account Services To subscribe to 1stNet Online Banking, you must have at least one account with the Bank. Your 1stNet Online Banking subscription includes a Basic Service Package free of charge, and Additional Products and Services, for which service fees will be charged (see the 1stNet Online Banking Fee Schedule). Basic Service Package includes: Balance information on checking, savings, money market, certificates of deposit, line of credit, installment loans, mortgage loans Transfer of funds between transaction accounts Search transaction history Export transactions into personal financial software Additional Products and Services include: Bill payment service processed through CheckFree Services Corporation.
These lists are not exhaustive and the Bank may offer additional services in the future. This Agreement is intended to cover all services offered by First America Bank's 1stNet Online Banking, including future services. In most cases you may use 1stNet Online Banking to gain access to deposit accounts in which you have an unrestricted right to withdraw funds and line of credit accounts in which you have an unrestricted right to borrow money. However, the Bank, as it may determine at any time and from time to time in its sole discretion, may deny 1stNet Online Banking account access, restrict 1stNet Online Banking account transactions, or place limits on the specific dollar amount of funds that may be withdrawn or transferred from any account.
If you want to include additional accounts on 1stNet Online Banking by opening a new account or including an account already opened at First America Bank, call our 1stNet Online Banking Customer Service Representative or contact us by e-mail.
Description of 1stNet Online Banking Functions Depending on your particular 1stNet Online Banking subscription, you may perform some or all of the following transactions: Home Banking Functions If you subscribe to this service, you, or someone you have authorized by giving them your User ID and Password, may use 1stNet Online Banking to: (a) transfer funds between your accounts, (b) obtain account balances and transaction information for your accounts, (c) review the history of transactions, and (d) send electronic mail (e-mail) to the Customer Service Representative at the Bank. These features of 1stNet Online Banking are limited by and subject to the terms and conditions described below:
Your ability to transfer funds between certain accounts is limited by Federal law, as stated in the Deposit Agreements. For example, you can make no more than six (6) withdrawals / transfers from a savings or money market savings account during each statement period. Transfers and bill payments made using both 1stNet Online Banking and other transfer methods described in the Deposit Agreements are counted against the permissible number of transfers. Instructions to transfer funds between deposit accounts must be sent by 6:00 p.m. Eastern Time to be processed the SAME business day. Transfers received after 6:00 p.m. will be processed ONE business day later.
Each transfer made from a loan account (e.g., an overdraft checking account) is treated as a cash advance from that account and is subject to terms of any loan or other applicable agreement you may have with the Bank.
The Bank will not immediately receive e-mail that you send. Therefore, you should not rely on e-mail if you need to communicate to the Bank immediately. For example, if you need to stop payment on a check, to report a lost or stolen card, or to report an unauthorized transaction from one of your accounts, you should contact the Bank immediately. The Bank will not take actions based on your e-mail requests until the Bank actually receives your message and has a reasonable opportunity to act. Transaction information for your accounts will be available from 1stNet Online Banking for a period of no more than 60 days prior to the date of the inquiry.
The Bank reserves the right to limit the frequency and dollar amount of transactions from your accounts for security or credit reasons, as the Bank may determine at any time and from time to time in its sole discretion. Bill Payment Service The Bill Payment service is an electronic payment system offered by Check Free Services Corporation that permits you to initiate and authorize payments from your accounts to payees that you have selected in advance to receive payments by means of this service. (A "payee" is a person or business you are paying.)
To subscribe to 1stNet Online Banking Bill Payment ("Bill Payment"), you must have at least one checking account with the Bank. If you subscribe to this service, you may use Bill Payment to make payments from one checking account, designated by you as your Primary Account. An account that requires two or more signatures to make withdrawals may not be designated as a Primary Account. Third Party Software; Virus Protection The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with 1stNet Online Banking (e.g., Quicken, Microsoft Money). The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your Computer, diskettes, and software using a reliable virus product to detect and remove any viruses found. Undetected or un-repaired viruses may alter, corrupt, damage, or destroy your programs, files, and even your computer. Additionally, you may unintentionally transmit the virus to other computers, diskettes, and software.
Instructions on the Use of 1stNet Online Banking The Instructions, among other things, will inform you on how to use 1stNet Online Banking. The Instructions may be modified from time to time in order to conform to changes or advancements in our services or as required by law. The Instructions, as they exist and as they may be amended from time to time, form part of this Agreement.
Charges of 1stNet Online Banking The Bank may change or add any fees for 1stNet Online Banking. In addition to the fees noted here, the service charges and fees provided for in the Deposit and Line of Credit, if applicable, will continue to apply.
You authorize the Bank to deduct all applicable Monthly Fees from the Primary Account you have specified.
Right to Stop Payment Under the EFTA you have certain stop-payment rights and obligations for "preauthorized electronic fund transfers." A PEFT is an electronic fund transfer that is authorized in advance and is scheduled to recur on a periodic basis. One-time transfers authorized in advance, however, are not PEFTs. Preauthorized Electronic Fund Transfer You can stop any PEFT by calling or writing to us at least three (3) business days before the payment is scheduled to be made. If you stop payment by telephone, we may also require you to send us your request in writing within fourteen (14) days after you call. Electronic Fund Transfer Authorized in Advance
You may have an opportunity to stop a one-time transfer authorized in advance by calling or writing to us at least three (3) business days before the payment is scheduled to be made. The EFTA, however, does not obligate us to honor this request, and we do not guarantee that such a stop-payment will be made on time. Furthermore, you should realize that a one-time electronic fund transfer is irrevocable and cannot be stopped if it is scheduled to be made within three business days of our receiving of the note. Fees for Stop-Payment We will charge you in accordance with the Bank's schedule of fees for each stop payment order you give. This fee may be revised from time to time. Currently the fee is $35.00 per stop payment order.
Overdrafts: Order of Payments, Transfers, and Other Withdrawals If funds are withdrawn from any of your accounts by means of electronic funds transfers, other than through 1stNet Online Banking on the same business day as a 1stNet Online Banking transaction, and if the account contains insufficient funds to enable both the electronic funds transfer and the 1stNet Online Banking transfer or bill payment to be made, then the electronic funds transfer will have priority and the 1stNet Online Banking transfer or bill payment will be refused or will result in an overdraft on your account. This is at the Bank's discretion.
Reporting Unauthorized Transactions or Theft or Loss of User ID and Password If you believe that an unauthorized transaction has been made from your account, or if your Access Device has been lost or stolen, alert the Bank immediately by contacting the Bank at:
First America Bank
The Internet Banking Department
Post Office Box 470
Bradenton, FL 34206 Hours: Monday-Thursday 8:00 a.m. to 5:00 p.m. (holidays excluded)
Friday 8:00 a.m. to 6:00 p.m. (holidays excluded) Telephone: 941-761-7080 Fax: 941-761-7081 or you can e-mail the Bank contact at email@example.com. Quickly telephoning us is the best way of reducing your potential losses.
Periodic Statements Your 1stNet Online Banking payments and transfers will be indicated on monthly statements we provide or make accessible by mail or delivery service. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are errors or unauthorized transactions in any statement, or statement information.
Business Days and Hours of Operation 1stNet Online Banking service is generally available twenty-four (24) hours a day, seven (7) days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Saturday, Sunday, and holidays are not included. Any transaction(s), including scheduled payments, to be made on a day that is not a business day will be credited, completed, or made on the next business day.
Customer's Responsibility You must have enough available money or credit in any account from which you instruct us to make a payment or transfer, or for you to engage in any other transaction involving the payment or transfer of funds.
You are responsible for all transactions and bill payments you authorize or make using 1stNet Online Banking, including any transactions or bill payments that you may unintentionally or inadvertently authorize or make, and any losses, charges, or penalties incurred as a result. If you permit other persons to use 1stNet Online Banking with your User ID and Password, you are responsible for any transactions they authorize from your deposit and credit accounts, including any losses, charges, or penalties incurred as a result.
In regard to Bill Payment, you are responsible for providing CheckFree Services Corporation with the proper payee (i.e., merchant) identification information, including the payee's address, telephone number, and your identification or account number with the payee. Customer Liability You should notify the Bank immediately if you believe any of your accounts have been accessed or your User ID and Password have been used without your permission. Contacting the bank immediately, especially by telephone, will help you reduce your potential losses. If someone used your User ID and Password without your permission, you can lose no more than $50.00 if you notify the Bank within two (2) business days of discovering any unauthorized use of your User ID and Password. However, you can lose as much as $500.00 if you do not notify the Bank within two (2) business days of discovering the unauthorized use and the Bank can prove that it could have prevented the unauthorized use had it been notified. If you do not report unauthorized transactions that appear on any of your periodic statements within sixty (60) days after such statements are mailed to you, you risk unlimited losses on transactions made after the (60) day period has past if the Bank can show that it could have prevented the unauthorized use had it been notified within this sixty (60) day period. At the Bank's sole discretion, we may extend the time periods. You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permissible by the applicable law and the terms of any other relevant agreements.
Joint Accounts The provisions of this section apply if any of your accounts with us is a joint account. As a holder of a joint account, you are jointly and severally liable under this Agreement. Each of you acting alone may perform transactions, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of, or notify any other of you. However, each of you will only be permitted to access accounts for which you are an owner or authorized user. Each of you individually releases us from any liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your 1stNet Online Banking Account. Each of you agrees to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable attorney's fees) arising from any such claims or actions.
Bank's Responsibility The Bank is responsible for completing transfers on time according to your properly entered and transmitted instructions. However, the Bank will not be liable for completing transfers and bill payments:
If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, if the account has been closed, frozen, or is not in good standing, or if we reverse payment or transfer because of insufficient funds; If any payment or transfer exceeds the credit limit of any account or under the Instructions of this Agreement; If you have not properly followed software or 1stNet Online Banking instructions on how to make a transfer, bill payment, or other transaction;
If you have not given the Bank complete, correct, and current instructions, account numbers, User ID and Password, or other identifying information so that the Bank can properly credit your account or otherwise complete the transaction;
If you do not authorize a Bill Payment soon enough for your payment to be made to the payee by the time it is due; If the Bank makes a timely Bill Payment but the merchant nevertheless does not credit your payment promptly after receipt; If you receive notice from a merchant or other institution that any payment or transfer you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact; If withdrawals from any of your linked accounts have been prohibited by a court order such as a garnishment or other legal process; If your Computer, your software, or 1stNet Online Banking was not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment; If you, or anyone you allow, commits fraud or violates any law or regulation;
If circumstances beyond the Bank's control prevent making a transfer or payment, despite reasonable precautions that the Bank has taken. Such circumstances include 1stNetmunications outages, postal strikes, delays caused by payees, fires, and floods. There may be other exceptions to the Bank's liability as stated in the deposit, line of credit, credit card, and other Bank agreements. In addition, the Bank will not be liable for indirect, special, consequential, economic, or other damages arising out of the installation, use or maintenance of 1stNet Online Banking and/or its related equipment, software, or online services.
Disclosure of Account Information To Others To the extent necessary to carry out the 1stNet Online Banking functions, the Bank may disclose information about your accounts to third parties in the following instances: Where it is necessary for completing transfers and bill payments; In order to verify the existence and condition of a Payment Account, such as a credit bureau, merchant, or for a payee or holder of a check issued by 1stNet Online Banking; In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process, or in order to give information to any government agency or official having legal authority to request such information; To protect and enforce our rights; If, in the Bank's judgment, a third party, including affiliates of the Bank, has a legitimate business purpose for obtaining such information, including offering you products or services; and if you give us your written permission (which may be by electronic or tel1stNetmunications transmission as well as on paper).
Notices and Communications Except as otherwise provided in this Agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through our 1stNet Online Banking Service or at the last known e-mail address that we have for you in our records. Notices from you will be effective when received by mail at the address specified in the Agreement.
E-mail Communications You should realize that e-mail transmissions are not secure. Therefore, do not send us or ask us for confidential or sensitive information, such as your User ID (including your Password), account numbers, or financial information over any general or public e-mail system.
Error Resolution This section applies only to electronic funds transfers governed by the EFTA and REG E. In case of errors or questions about your 1stNet Online Banking transactions, please telephone Online Support. If you think your statement is wrong or if you need more information about a transaction listed on the statement, the Bank must hear from you no later than sixty (60) days after it sends or delivers to you the FIRST statement on which the problem or error appeared. If you requested more information about a problem or error, the Bank must hear from you within sixty (60) days after it sends or delivers that information to you. Tell us your name and account number(s). Tell us the type, time, and date of the transaction and the dollar amount of the suspected error. 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. For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, check number, and payee account number for the payment in question. If you tell the Bank orally, it may require that you send in your complaint or question in writing within ten (10) business days after we hear from you and will then in good faith attempt to correct any error promptly. If the Bank needs more time, however, it may take up to forty-five (45) days to investigate your complaint or question, in which case, the Bank will re-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 the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and does not receive it within ten (10) business days, the Bank may not re-credit your account. If the Bank decides that there was no error, it will send you a written explanation within three (3) business days after it finishes its investigation. You may ask for copies of the documents that the Bank used in its investigation.
Information Authorization You agree that the Bank reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Bank reserves the right to obtain financial information regarding your account(s) from a merchant or other institution to resolve payment posting problems.
Data Recording When you contact 1stNet Online Banking to conduct transactions, the information and e-mail messages you enter will be recorded. By using 1stNet Online Banking, you consent to such recording.
Tape Recording You agree that we may tape record any telephone conversations you have with us regarding the services covered by the Agreement. However, we are not obligated to do so and may choose not to in our sole discretion.
No Signature Required. When using 1stNet Online Banking to make transfers from credit accounts, you agree that the Bank, without prior notice to you, may take any action required to obtain cash advances on your behalf, including charging your linked credit account at the Bank without your handwritten or legally acceptable electronic signature.
Amendment of this Agreement Where the EFTA and REG E apply, the Bank may amend this Agreement at any time by sending notice to you by mail or, to the extent permitted by law, by e-mail or electronic communication through 1stNet Online Banking, at least twenty-one (21) days before the effective date of the amendment. Where the EFTA and REG E apply, notice is always required if the change would result in: Increased fees for the customer; Increased liability for the customer; Fewer types of available electronic fund transfers; or Stricter limitations on the frequency of dollar amount of transfers. If the EFTA and REG E apply, we are not required to give notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an account or an electronic fund transfer system. However, if such a change is permanent, and disclosure would not jeopardize security, we will notify you in writing on or with the next regularly scheduled periodic statement or within thirty (30) days of making the change permanent. If the EFTA and REG E do not apply to a particular transaction, and other state or federal laws do not specify any notice or other requirements for an amendment, we will decide what kind of notice (if any) we will give you and the method of providing any such notice. Your continued use of 1stNet Online Banking is your agreement to any amendment(s) of the Agreement, including the Instructions as may be amended from time to time.
Assignment The Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party.
Termination Either you or the Bank may terminate this Agreement and your 1stNet Online Banking subscription at any time upon giving written notice of the termination to the other party. If you terminate 1stNet Online Banking, you authorize the Bank to continue making transfers and bill payments you have previously authorized and continue to charge monthly fees until such time as the Bank has had a reasonable opportunity to act upon your termination notice. Once the Bank has acted upon your termination notice, the Bank will make no further transfers or payments from your accounts, including any transfers or payments you have previously authorized. If the Bank terminates your use of 1stNet Online Banking, the Bank reserves the right to make no further transfers or payments from your accounts, including any transactions you have previously authorized.
No Waiver The Bank shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising its rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Captions The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
Governing Law Regardless of where you live or work or where you access our 1stNet Online Banking service, this Agreement will be governed by, and construed in accordance with, the laws of the State of Florida and the federal laws of the United States of America. [The law governing any deposit account subject to this Agreement will be that of the state in which the deposit account is located.]
Enforcement In the event either party brings legal action to enforce the Agreement or collect overdrawn funds on accounts accessed under the Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of it's reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the State of Florida, if allowed by applicable law.
Severability Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intent of the Agreement, and the remaining portions shall remain in full force and effect.
FEE SCHEDULE ACCOUNT ACCESS: No fee
ELECTRONIC BILL PAYMENT SERVICE: No fee
TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
SERVICE DEFINITIONS "Service" means the Bill Payment Service offered by First America Bank, through CheckFree Services Corporation.
"Agreement" means these Terms and Conditions of the bill payment service.
"Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).
"Payment Account" is the checking account from which bill payments will be debited.
"Billing Account" is the checking account from which all Service fees will be automatically debited.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
"Due Date" is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period.
"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
PAYMENT SCHEDULING Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period. THE SERVICE GUARANTEE Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.
The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
PAYMENT METHODS The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.
PAYMENT CANCELLATION REQUESTS You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
STOP PAYMENT REQUESTS The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
PROHIBITED PAYMENTS Payments to Payees outside of the United States or its territories are prohibited through the Service.
EXCEPTION PAYMENTS Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.
BILL DELIVERY AND PRESENTMENT This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
Information provided to the Payee - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally it is your responsibility to maintain all usernames and s for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill.
Activation - Upon activation of the electronic bill feature the Service may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.
Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. The Service will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.
Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Payees.
EXCLUSIONS OF WARRANTIES THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
AND SECURITY You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 877-370-1783 during customer service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS If you tell us within two (2) Business Days after you discover your or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
ERRORS AND QUESTIONS In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:
CheckFree P.O. Box 182477 Columbus, OH 43218-2477
If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
Approved by the Board of Directors December 21, 2004 Reviewed by the Board of Directors August 28, 2007
SERVICE FEES AND ADDITIONAL CHARGES Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
FAILED OR RETURNED TRANSACTIONS In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:
ALTERATIONS AND AMENDMENTS This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.
ADDRESS OR BANKING CHANGES It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:
First America Bank Post Office Box 470, Bradenton, Florida 34206
Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
PAYEE LIMITATION The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account. You may receive notification from the Service.
INFORMATION AUTHORIZATION Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification).
DISPUTES In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.
ASSIGNMENT You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
CAPTIONS The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws provisions.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.