FIRST STATE BANK
ONLINE BANKING AGREEMENT
YOUR ACCEPTANE OF THIS AGREEMENT IS REQUIRED TO ENROLL IN ONLINE BANKING.
Electronic Banking Disclosure Consent
By accepting this online banking agreement you are consenting to First State Bank providing any future online banking disclosures, account disclosures, notices required by law, other bill payment disclosures (if separately enrolled) and optional notices / eAlerts (if separately enrolled), in an electronic format. Delivery of such will be made by either posting a notice on our website or by email. Any such email and or posting will be considered to have been received by you within 3 calendar days regardless of whether or not you have logged into online banking during that time frame.
You may withdraw your request to have disclosures sent to you in electronic form at any time by giving us 10 days advance notice in writing. That notice must be sent by first-class mail to us at First State Bank, P.O. Box 400, Stuart, IA 50250. You may request a paper copy of any of the documents described above by calling our 515-523-2721 or by writing to the address listed above.
In order to provide electronic disclosures, a current e-mail address is required. It is your responsibility to provide us with the correct contact information, including your e-mail address. If you change your e-mail address, you must notify us of your new address 24 hours in advance by 1) First State Bank, P.O. Box 400, Stuart, IA 50250, 2) calling 515-523-2721, or, 3) within online banking under the “user options” link. Do not send confidential information to us through e-mail.
Online Banking Services
First State Bank’s consumer and business customers enjoy the benefit of using our online banking services at www.stuartbank.com with no monthly or annual fees.
You can specifically obtain the following information:
- Certain account history for the current and previous statement cycles. You may also export this information directly to your computer through such formats as Quicken (2004 or earlier), Microsoft Money or Excel.
- Interest information on your interest-bearing deposit accounts and loan accounts.
- Account-related information such as the current balance on accounts, loan payment amounts, payment due dates and certificates of deposit maturity dates.
- Archived statements only if enrolled for eStatements
- eStatements/notices (optional)
You may conduct the following transfers between your First State Bank accounts:
- Transfer funds from checking to checking
- Transfer funds from checking to savings
- Transfer funds from savings to checking
- Transfer funds from savings to savings
- Make loan payments from checking or savings
You may make arrangements for one time, on demand transfers or loan payments, or make scheduled transfers to occur in the future or on a recurring basis. Although you can enter transaction information through our online banking service twenty-four hours a day, seven days a week, payments can be initiated only on business days. Funds will be deducted from your Account on the business day on which the transaction is to be “initiated”. This is the “transaction date”. If you direct the initiation of a transaction to occur on a day other than a business day, it will be initiated on the following business day.
You will be provided a confirmation number with each transfer. Please write down this number when you receive it. It will help resolve any questions you may have concerning your transaction.
Bill Pay Transactions
Enrolling in First State Bank’s online banking does not automatically enroll our customers in First State Bank’s bill pay programs. Bill pay is a separate service and may be established by clicking on the bill pay link within the online banking site. For specific information regarding First State Bank’s Bill Pay programs read the Consumer Terms and Conditions document within our bill pay site.
Enrolling in First State Bank’s online banking includes the option of activating mobile banking. First State Bank is not responsible for any fees which may be assessed to you by your wireless carrier for data or text messaging services as a result of using of First State Bank’s mobile banking feature. Mobile Banking can be discontinued at any time.
Enrolling in First State Bank’s online banking automatically enrolls our customers to receive electronic account change in terms notices and annual privacy notices. It does not automatically enroll customers to receive for marketing purposes, eAlerts or eStatements. The option to enroll in these services and eAlerts may be established by clicking on the offers and agreement tab, the eAlerts tab or the change email tab.
Equipment and Software
You are responsible for, at your expense, obtaining, installing, maintaining and operating all equipment you use. You are responsible for the security and security settings of your equipment. We do not warrant nor will we be responsible for any errors or failures from the malfunction or failure of your equipment. You agree that First State Bank is not responsible for any virus or other related problem that you may encounter using our online banking, mobile banking or bill pay services. Browser requirements can be found on our website and maybe updated at any time.
Hours of Operation and Availability
You can access through the First State Bank Online Banking 24-hours a day. However, at certain times, some or all of the service may not be available due to system or internet maintenance.
Transactions initiated through online banking prior to 6:00 P.M. CST on a business day will be posted to your account on the same business day. Transaction initiated after 6:00 PM CST on a business day or on Saturday, Sunday, a federal holiday or any other day the bank is closed for business will be posted the next business day.
Correcting or Canceling Your Transfer
You cannot cancel your transfer after it has been entered in online banking and the information has been transmitted to us. You can correct information about a transfer before you send us the information, and you can use Online Banking to make an off-setting transaction after it has been entered.
User Code and Password
Each individual who has access to FSB Online Banking, including each individual named on joint accounts, must use a user code and password. User codes and passwords should never be shared. You agree that if this information is shared with others, you are responsible for any account transactions that occur. To initially access FSB Online Banking you will use a temporary password which will be assigned by the Bank. You will be contacted by a bank representative at the phone number we have on record within 48 hours, excluding Saturday, Sunday and Federal Holidays, of receipt of your electronic application. The first time you access FSB Online Banking, you will be required to change your password. Your password must be a minimum of eight characters, up to 17 characters, which must consist of at least two numeric and two alpha characters and a symbol. For example, your password may be: 123online#. You are encouraged to change your password periodically to enhance security or anytime you feel security has been breached.
Business/commercial customers must be authorized signers on all accounts in which business is transacted. By signing up for online banking and representing your organization/business you agree to be responsible for the user code and password associated with the account. You agree that if this information is shared with others, you are ultimately responsible for any account transactions that occur. It is highly recommended that passwords not be shared with other employees or officers representing the organization. You agree that in the event you leave employment or your position, that you will notify the bank immediately so that your access may be removed from the system.
Liability for Unauthorized Use
Tell us immediately if you believe your user code or password has become known to an unauthorized person or if an unauthorized transaction has occurred involving your account. Telephoning is the best way to keep your possible losses to a minimum. You could lose all the money in your account (plus your maximum overdraft line of credit).
If you tell us within two business days, you can lose no more than $50 if someone used your user code or password without your permission. If you do NOT tell us within two business days, and we can prove that we could have stopped someone from using your User Code or Password without your permission if you had told us, you could be liable for 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 sixty days after the statement was mailed to you, you may not get back any money you lost after sixty 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 may extend the time periods.
If you believe an unauthorized person has your Access Code and/or password, or that someone has transferred money without your permission, call First State Bank immediately at 1-888-347-7812 (Toll-Free) or 515-523-2721, or write to: First State Bank, P.O. Box 400, Stuart, IA 50250. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN USER CODES OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
We reserve the right to block your access to online banking to maintain or restore security to our website and systems, if we reasonably believe your password has been or may be obtained, is being used or may be used by an unauthorized person(s).
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. You agree that you will instruct us to make a transfer only when a sufficient balance is or will be available in the designated account at the time of the transfer. You understand that we will not act on any transfer instruction from you if sufficient funds are not available in the account that you designated.
Liability for Failure to Make Transfers
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.
However there are some exceptions. We will not be liable, for instance if:
- Through no fault of ours, your account doesn’t contain enough money to make the transfer
- The transfer would exceed the balance in the deposit account you use for overdraft protection, or the credit limit on your overdraft checking line of credit, or the line has been closed.
- Your computer, the software, phone lines, or the bank’s computer systems were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer.
- Circumstances beyond our control prevented the transfer, despite reasonable precautions that we have taken. Such circumstances include telecommunications outages, postal strikes, fires, floods and other natural disasters.
- We have placed a “hold” on funds in your account or remitted funds to another party with your knowledge, pursuant to reasonable business procedures, or in compliance with legal process such as a garnishment, tax levy, court order, etc.
- We have reasonable basis for believing that unauthorized use of your User Code, Password, or Account has occurred or may be occurring; or you or we have terminated your Internet Banking Agreement or closed the account.
- Other exceptions stated in our agreements with you
Restrictions on Transfers from Savings and Investment Accounts
Your ability to make transfers from your savings accounts and investment accounts is restricted by Federal Reserve Board Regulation D. For each savings/ investment account, you may make up to six transfers or withdrawals by means of preauthorized, automatic, telephonic or computer transfer to another account of yours or to a third party or by check, debit card, or similar order to a third party during any statement cycle. The following transfers do NOT count towards these limits:
- Transfers from your savings account(s) or investment account(s) to repay any amounts owed to First State Bank.
- Transfers made by mail, messenger, ATM or in person
Once a savings account or investment account has violated the Regulation D limits, First State Bank will notify you and may convert the account to an account allowing unlimited activities. In addition, if you exceed limits, additional charges may apply. See your account disclosure for further information.
Limitation of Liability Relating to Available Online Services
Except as otherwise provided in this Agreement or otherwise expressly provided by applicable law or regulation, you agree that neither FSB nor any party that provides Internet, mobile access or provides equipment used to access FSB Online Banking services or any agent, independent contractor, or subcontractor of any of the foregoing will be liable for any loss, injury, or damage including without limitation, direct, indirect, incidental, special, consequential, or punitive damages, whether under a contract, tort or any other theory of liability, arising in any way from the installation, use or maintenance of the FSB Online Banking services or the Internet access provider used to access the available FSB Online Banking services, or the equipment used to access the available online services including, without limitation any loss, injury or damage relating to any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line failure or unauthorized interception for access to your communication with us, even if we or the Service Providers are aware of the possibility of such event.
You will receive a monthly account statement from us for your checking and money market deposit accounts. You will receive a monthly account statement from us for your savings accounts if there are electronic funds transfers from the savings account in a particular month. In any case, you will receive a savings statement at least quarterly. These printed statements will detail your Online Banking activities.
EStatements are available for checking, savings, and certificates of deposits. Enrollment for this service is optional and may be done within online banking. A complete Agreement to Receive Electronic Statement disclosure is made available during the enrollment process and must be accepted prior to enrolling for eStatements.
In case of errors or questions about your electronic transactions, call First State Bank immediately at 1-888-347-7812 (Toll Free) or 515-523-2721, or write to: First State Bank, P.O. Box 400, Stuart, IA 50250
If you think your statement is wrong or if you need more information about an electronic transaction listed on the statement, contact us as soon as possible. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared, and you must:
- Tell us your name and account number.
- Describe the electronic transaction you are unsure about, and explain why you believe an error has occurred or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint or question in writing within ten business days. We may require you to provide your complaint in the form of an affidavit.
We will determine whether an error occurred within ten business days twenty 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 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 ten business days, we may not provisionally credit your account.
For errors involving new account, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
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 was opened.
If we determine that there is no error, we will send you a written and explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
Termination or Discontinuation
This agreement continues in full force and effect until terminated. You may terminate this Agreement and your use of First State Bank Online Banking services at any time by calling 515-523-2721 or by sending a written termination notice to First State Bank. You authorize us to complete fund transfers until we have had a reasonable opportunity to act upon your termination notice.
This Agreement and your use of First State Bank Online Banking services will be terminated automatically if your accounts (s) are closed or access to your account(s) is restricted for any reason. The Agreement and your use of First State Bank Online Banking services may be terminated at any time without prior notice due to insufficient funds in one of your accounts. We reserve the right to temporarily suspend First State Bank Online Banking services in situations deemed appropriate by us, at our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted We may consider repeated incorrect attempts to enter your user code or password as an indication of attempted security breach. Termination of the services does not affect your obligations under this Agreement with respect to occurrences before termination.
You must use the Online Banking services provided at least once every 90 days to keep your account active. In the event your account is terminated due to inactivity, you can simply reenroll.
Changes to Online Banking Charges, Fees or Other Terms
We reserve the right to change the charges, fees or other terms described in this online banking agreement. When changes are made to any fees, charges, or other material terms, we will electronically update this online banking agreement with either an e-message on our home page, an email message or a postal mailing sent to you at the address shown on our records at least thirty(30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount, or frequency of transactions, or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. , you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. By using Online Banking after changes have been posted, you agree to be bound by the terms and conditions in the revised agreement. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.
By accessing First State Bank Online Banking, you hereby acknowledge that you will be entering a protected web site owned by First State Bank, which may be used only for authorized purposes. The Bank may monitor and audit usage of the System and all persons are hereby notified that use of the Services constitutes consent to such monitoring and auditing. Unauthorized attempts to upload information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986. For additional security information, please see our Security Statement posted on our web site.
Privacy and Confidentiality
The bank will not solicit account information from you through e-mail. Your private information such as account number, social security number, and password and/or user codes will never be solicited by First State Bank. If you receive e-mail communication asking for this type of data, you should not respond to the e-mail. If you are the recipient of this type of e-mail and wish to file a complaint, we suggest contacting the following government sponsored website and follow their recommended procedures: onguardonline.gov/filecomplaint.html.
Severability / Governing Law
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. This Agreement shall be governed by the applicable federal law and the applicable substantive laws of the State of Iowa (exclusive of any conflict of laws rules of the State of Iowa which may result in the application of the substantive laws of another jurisdiction).