This Agreement is a contract which establishes the rules which cover your electronic access to your accounts at FirstBank Southwest (“FBSW”) through Business Online Banking. By using BUSINESS ONLINE BANKING, you accept all the terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures for each of your FBSW accounts as well as your other agreements with FBSW such as loans, continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal laws and the laws of the State of Texas (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and FBSW’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement constitutes the entire agreement between you and FBSW with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
Definitions – As used in this Agreement, the words “we”, “our”, “us” and “FBSW” mean FirstBank Southwest “You” and “your” refer to the accountholder authorized by FBSW to use BUSINESS ONLINE BANKING under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through BUSINESS ONLINE BANKING. “Account” or “accounts” means your accounts at FBSW. “Electronic funds transfers” means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your FBSW accounts using BUSINESS ONLINE BANKING including bill payments. “BUSINESS ONLINE BANKING Services” means the services provided pursuant to this Agreement, including the Bill Payment Service. “Business days” means Monday through Friday. Holidays are not included.
Access – To use BUSINESS ONLINE BANKING you must have at least one account at FBSW, access to Internet service, and an e-mail address. A BUSINESS ONLINE BANKING Enrollment form must be completed and signed prior to the use of BUSINESS ONLINE BANKING. Treasury Management Services such as ACH, Online Wires, Positive Pay, and Remote Deposit Capture are enrolled through an approval process and customer will be contacted by a Treasury Management Representative.
BUSINESS ONLINE BANKING Services – You can use BUSINESS ONLINE BANKING to check the balance of your FBSW accounts, view FBSW account histories, transfer funds between your FBSW accounts, order checks, make stop payment requests, change your address, and pay bills from your FBSW accounts in the amounts and on the dates, you request if you have requested the Bill Payment Service. FBSW’s BUSINESS ONLINE BANKING is a “real time” system and activity is posted immediately for all services except bill payments and some commercial Treasury Management activity. We may, from time to time, make additional services available through FBSW BUSINESS ONLINE BANKING. We will notify you of the availability and terms of these new services.
- Mobile Banking– Apps for iPhones and Android phones are available in the iTunes and Google Play stores. Mobile Banking enables current BUSINESS ONLINE BANKING customers the ability to view account balances, transfer funds between personally owned accounts, pay existing merchants via Bill Pay (if applicable), view help screens for Mobile Banking features.
- SMS Text– This feature enables FBSW BUSINESS ONLINE BANKING customers without smart phone functions to send a text to receive account balance and account transaction information.
- eStatements– FBSW BUSINESS ONLINE BANKING customers have the option to receive their monthly account statements within the FBSW BUSINESS ONLINE BANKING product electronically; paper statements are discontinued.
- Bill Payment– FBSW BUSINESS ONLINE BANKING customers have the ability to enroll to create new vendors and pay bills while signed into the FBSW BUSINESS ONLINE BANKING service.
Hours of Access – You can use BUSINESS ONLINE BANKING seven days a week, twenty-four hours a day, although some or all BUSINESS ONLINE BANKING services may not be available occasionally due to emergency or scheduled system maintenance.
Your Password – For security purposes, you are required to change your temporary password upon your initial login to BUSINESS ONLINE BANKING. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to BUSINESS ONLINE BANKING will be revoked. To re-establish your authorization to use BUSINESS ONLINE BANKING, you may click on the “Reset Your Password” link shown on the sign on and password pages of BUSINESS ONLINE BANKING. You will be required to verify your identity by verifying your username, entire SSN or TIN, and your account number. However, should you fail to verify this information as requested after 3 unsuccessful attempts will need to contact Customer Service. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
Security – You understand the importance of your role in preventing misuse of your accounts through BUSINESS ONLINE BANKING and you agree to promptly examine your statement for each of your FBSW accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via BUSINESS ONLINE BANKING is encrypted in an effort to provide transmission security and BUSINESS ONLINE BANKING utilizes identification technology to verify that the sender and receiver of BUSINESS ONLINE BANKING transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that BUSINESS ONLINE BANKING is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing BUSINESS ONLINE BANKING, or e-mail transmitted to and from us, will not be monitored or read by others. Some Treasury Management customers may be required to use a Security Token for additional log in security for certain higher risk services.
Out-Of-Band Authentication – FBSW has added a powerful extra layer of online security. In addition to you, the online user, identifying yourself, now, FBSW will authenticate itself to you. This “multi-layer authentication” lets you be assured with absolute certainty that you are logging onto the FBSW’s BUSINESS ONLINE BANKING website, not an imposter site, and that all information is completely secure. You will be prompted to accept a phone call or text message to the phone number(s) on the system, and then will enter the “security code” appearing on the screen or in the text. Some Treasury Management customers may be required to use a Security Token for additional log in security for certain higher risk services.
Fees and Charges – You agree to pay the fees and charges for your use of BUSINESS ONLINE BANKING Services as set forth in the current Internet Banking fee schedule. You agree that all such fees and charges will be deducted from your FBSW checking account designated as the “Primary Checking Account”. If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of FBSW’s website.
Posting of Transactions –
- a) Transfers initiated through BUSINESS ONLINE BANKING before 7PM CST (Central Standard Time) on a business day are posted to your account the same day. Transfers completed after 7PM CST on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. BUSINESS ONLINE BANKING identifies transfers based upon the login ID of the user who made the electronic transfer. Although transfers are memo posted immediately on the account, the transfer must be made before 7PM CST to post prior to any withdrawal transactions being processed the same day.
- b) Bill Payments are processed in one of two ways. If a payee accepts electronic (ACH) payments, the payment is processed typically in 2 business days. If the payee does not accept electronic payments, a paper check is submitted to the payee from BUSINESS ONLINE BANKING Bill Pay. These paper payments generally take 5 business days. Payments from Bill Pay are deducted from your account at the time the payment is scheduled to post with the payee. Payments must by input into Bill Pay with the appropriate and reasonable lead time to reach the desired payee. The Bill Pay system will not allow you to make a payment which does not allow sufficient bank processing time to reach its destination. Please refer to the Bill Pay agreement for further information concerning Bill Payments.
- c) Wire transfers will be available to some users based on a wire transfer or other banking agreement established with FBSW. The cut-off time for submitting same day wire transfers will be 3PM CST. The banking agreement with FBSW will govern the limitations and availability of wire transfers for any user.
- d) ACH and Treasury Management customers are governed by an agreement between FBSW and the Treasury Management user. Transaction limitations are established within those agreements. Please refer to your cash management agreement for in-depth information regarding your account relationship with FBSW. ACH files will be accepted up until 3:30PM CST each business day. Please contact your bank officer or Treasury Management Department agreement for more detailed information.
Accordingly, you understand and acknowledge that the history screens in both the Transfer and Bill Payment menu options of BUSINESS ONLINE BANKING will reflect transfers made by multiple users from the same account if different login IDs are used. However, it is important to “refresh” your system from time to time if different users are inputting activity. Each customer is responsible for transaction activity including overdrafts fees due to multiple user transactions that were not communicated to the account administrator or other responsible individual.
Overdrafts (Order of Payments, Transfers, and other Withdrawals) – If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then: a. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority; b. Electronic fund transfers initiated through BUSINESS ONLINE BANKING which would result in an overdraft of your account may, at our discretion, be cancelled; c. In the event the electronic fund transfers initiated through BUSINESS ONLINE BANKING which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
Limits on Amounts and Frequency of BUSINESS ONLINE BANKING Transactions – The number of transfers from FBSW accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
FBSW Bill Payment Service – You may choose from which FBSW account payments are to be made; the complete name of the payee, the account number, and the payee’s remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be processed. If the date you want the payment to be processed is not a business day, the payment will be processed the next business day. By using the BUSINESS ONLINE BANKING Bill Payment Service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, “no signature required draft”, or by debiting and remitting funds on your behalf. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly. Please refer to the Bill Payment Agreement for further disclosures and information regarding usage of the Bill Payment service.
FBSW Mobile Banking – Subject to the terms of this Agreement, FBSW Mobile Banking offers customers mobile access to their account information (e.g., for checking balances, last transactions, bill payment), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires that the Customer 1) download the FBSW Mobile Banking application from Apple or Android (Google market) stores for their mobile devices (iPhone, iPad, Android phone or tablet), 2) complete the Out-of-Band security authentication, and 3) provide a mobile phone number (for smartphones). Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This service will be on-going. Message & Data rates may apply. Customers will be allowed to opt out of this program at any time. Please refer to the Mobile Banking Agreement for further disclosures and information regarding usage of the Mobile Banking service.
Stop Payment Requests – Stopping the payment of a check is different from the cancellation of a bill payment. Once a bill payment has been processed you cannot cancel or stop a bill payment. All bill payments are made electronically unless the payee cannot accept electronic payments. In those instances, a paper check is mailed to that payee. A stop payment may be placed on a bill payment made by check as long as the check has not paid on your FBSW bill payment account. Please see your Bill Pay Agreement for further information and disclosures regarding Bill Payment stop requests. You may initiate stop payment requests online via BUSINESS ONLINE BANKING only for paper checks you have written on your FBSW accounts. Requests become effective when we confirm their receipt and have verified that the item has not been paid. From time-to-time, the BUSINESS ONLINE BANKING system may be inoperable. If that occurs, your request can be communicated to us by telephone or in writing. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number (or check range), the amount (if not a check range), and the date of the check (if not a check range). If you make your stop payment request online or by telephone, the stop payment will be considered a signed stop payment through our secure BUSINESS ONLINE BANKING site and could incur stop payment charges as disclosed in the current fee schedule for the applicable account or in your Bill Payment Agreement.
Disclosure of Account Information and Transfers – You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to BUSINESS ONLINE BANKING. You agree and hereby authorize all of these transfers of information. Periodic Statements – You will not receive a separate BUSINESS ONLINE BANKING statement. Transfers and/or payments to and from your accounts using BUSINESS ONLINE BANKING will appear on the respective periodic paper statements for your FBSW accounts. However, you may choose to stop paper statements and have your statement sent to you electronically through eStatements (available March 2007).
Change in Terms – We may change any term of this Agreement at any time. If the change would result in increased fees for any BUSINESS ONLINE BANKING service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the BUSINESS ONLINE BANKING website or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject BUSINESS ONLINE BANKING Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments – Contact us as soon as you can, if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us: (1) Tell us your name and account number. (2) Describe the error or 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. (3) Tell us the dollar amount of the suspected error. (4) If the suspected error relates to a bill payment made via the BUSINESS ONLINE BANKING Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment History Screen.) If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in writing by postal mail or fax within 10 business days. We will communicate to you the results of our investigation within 10 business days after you contact us 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 provisionally 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 provisionally credit your account. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.
Our Liability for Failure to Make a Transfer – If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance: (1) If, through no fault of ours, you do not have enough money in your account to make a transfer. (2) If a legal order directs us to prohibit withdrawals from the account. (3) If your account is closed, or if it has been frozen. (4) If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts. (5) If you, or anyone authorized by you, commits any fraud or violates any law or regulation. (6) If any electronic terminal, telecommunication device, or any part of the BUSINESS ONLINE BANKING electronic fund transfer system is not working properly and you knew about the problem when you started the transfer. (7) If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment. (8) If you have not properly followed the on-screen instructions for using BUSINESS ONLINE BANKING. (9) If circumstances beyond our control (such as fire, war, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers – CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts 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, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period 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 contacting us, we will extend the time periods.
Disclaimer of Warranty and Limitation of Liability – We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the BUSINESS ONLINE BANKING Services provided to you under this Agreement. We do not and cannot warrant that BUSINESS ONLINE BANKING will operate without errors, or that any or all BUSINESS ONLINE BANKING Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to BUSINESS ONLINE BANKING, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of FBSW and its affiliates exceed the amounts paid by you for the services provided to you through BUSINESS ONLINE BANKING. Your Right to Terminate – You may cancel your BUSINESS ONLINE BANKING service at any time by providing us with written notice by postal mail or e-mail. Your access to BUSINESS ONLINE BANKING will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate – You agree that we can terminate or limit your access to BUSINESS ONLINE BANKING Services for any of the following reasons: 1. Without prior notice, if you have insufficient funds in any one of your FBSW accounts. BUSINESS ONLINE BANKING service may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits. 2. Upon 3 business days’ notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account. 3. Upon reasonable notice, for any other reason in our sole discretion. Communications between FBSW and You – Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: E-mail -You can contact us by e-mail at [email protected] (Please note that banking transactions through BUSINESS ONLINE BANKING are not made via e-mail) Telephone – You can contact us by telephone at (806)355-9661 or 1-800-944-9561 Facsimile – You can contact us by fax at (806) 354-5252 Postal Mail – You can write to us at: FirstBank Southwest, Electronic Banking PO Box 32552 Amarillo, Texas 79120-2552 In Person – You may visit us in person at any one of our nine(9) locations: • Wolflin – 2401 S Georgia, Amarillo, TX 79109 • Downtown – 600 S Tyler, Amarillo, TX 79101 • Sleepy Hollow – 7420 SW 45th, Amarillo, TX 79119 • Western – 4241 W 45th, Amarillo, TX 79109 • Gem Lake – 5725 W Amarillo Blvd, Amarillo, TX 79106 • Booker – 115 Main, Booker, TX 79005 • Hereford – 300 N Main, Hereford, TX 79045 • Pampa – 300 W Kingsmill, Pampa, TX 79065 • Perryton – 201 S Main, Perryton, TX 79070
Consent to Electronic Delivery of Notices – You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the FirstBank Southwest Internet Banking website or by e-mail. You agree to notify us immediately of any change in your e-mail address.