Online Banking Agreement
Before you’re able to take advantage of First National’s online banking platform, you must agree to the following terms. By clicking “I agree,” you confirm your agreement to be bound by all of the terms of this agreement and acknowledge your receipt and understanding of this disclosure.
1. About This Agreement
This Online Banking Agreement and Disclosure (“the Agreement”) governs the use of the Online Banking Service (“Online Banking”) offered by First National Bank of Northfield (“the Bank”). The terms “we”, “us”, “our”, “First National” and “Bank” refer to First National Bank of Northfield. The terms “you” and “your” refer to each person listed who is entitled to use the bank account according to such person’s(s) existing agreements with the bank. Online Banking allows the Bank Customers to perform a number of banking functions through the use of a personal computer and the Internet. When you use any of the Online Banking services described in this agreement, you agree to be bound by all the terms and conditions of this agreement and acknowledge your receipt and understanding of this disclosure.
2. Other Agreements
Your use of the Online Banking service may also be affected by other agreements between us including, but not limited to, Account and Deposit Agreements and Disclosure Statements. Your use of the Online Banking service does not change any other agreement you may already have with us. You should review those agreements for any applicable fees, for limitations on the number of transfers you can make, and for other restrictions which might impact the use of your account(s) with the Online Banking service.
3. Using Online Banking
To utilize our Online Banking services you must have at least one deposit or loan account at First National, an Online Banking Access ID and a Password . The Bank will assign you a password for your initial logon; you will be forced to establish an Access ID number and a new password. Your Access ID must be a minimum of 6 characters and your password must be a minimum of 8 characters. The maximum number of characters for both is 19. FOR INCREASED SECURITY, we recommend having longer Access ID numbers and passwords. In addition, it is safer to have a mixture of numbers and letters in your Access ID number and password. Do not use something obvious or something that must be written down. PLEASE REMEMBER that Bank employees will NEVER ask you to reveal your password. You understand your Access ID number, along with your password, is your electronic signature. It identifies you to us and authenticates and validates the directions given to The Bank. Using your personal computer, with the proper hardware, software and signed Bank Enrollment form, you will be able to perform the following Online Banking functions:
- Account inquiries
- View past statements and check images
- Transfer funds between your accounts
- Make loan payments
- Initiate stop payments
4. Stop Payments
Utilizing Online Banking, you may place a stop payment on any check you have written. However, you may not use Online Banking to stop payment or revoke the authorization of an Electronic Funds Transfer. All stop payment orders originated through Online Banking are subject to applicable law and the Bank’s usual rules and fees for such orders. If you use Online Banking to initiate a stop payment; you agree to the following terms and conditions:
The information on the stop payment must precisely identify the check number, the date of the check, Payee and the amount of the check. If you do not give the exact information, the Bank assumes no responsibility for stopping payment.
- The stop payment must be received in time to give us a reasonable time to act upon it. Stop payments received before 6:00 p.m. on Monday to Friday, excluding legal holidays, are processed on the day received. Stop payments received after 6:00 p.m. or on a weekend or legal holiday will be processed on the next business day. A stop payment must be received before the check has been presented for payment.
- You and the Bank agree to abide by the rules and regulations (as outlined in the uniform commercial code) governing stop payment orders. Your online stop payment request satisfies the confirmation of order required by the UCC.
- A properly authorized stop payment order is effective for six (6) months, unless renewed in writing before the expiration of six (6) months. If the stop payment order is not renewed before the expiration of six (6) months, it will automatically terminate and the Bank will be free to pay the check. In such an instance, you hereby agree to release and do waive any and all claims against the Bank with respect to the stop payment order or the check itself and you further agree to indemnify and hold the bank harmless with regard to any and all claims involving the stop payment order and/or check, which includes the Bank’s reasonable attorneys fees and costs.
- You understand that there may be claims or demands made against the Bank as a result of your request to the Bank. You agree that you will defend the Bank and will be responsible to the Bank if any claim or demand of whatever nature, is made against the Bank with respect to a stop payment order and/or the check itself. You agree to indemnify and defend the Bank and to reimburse the Bank for any reasonable costs, expenses or attorney’s fees that the Bank may incur in defending itself against any such claims or demands. You understand that the Bank will use all reasonable efforts to comply with a stop payment order. However, you understand fully that unless the check number, the date of the check, Payee and the amount of the check are correctly entered on the stop payment order, the Bank assumes no responsibility for stopping payment and is not liable to you if a stop payment cannot be accomplished.
- You agree to pay a stop payment fee for each new stop payment and for each renewal of a stop payment entered through Online Banking. Please refer to your account disclosure for current fees.
You must contact the main bank in person at 329 Division Street, Northfield, MN, or telephone them at 507-645-5656, to stop payment on automatic debits processed by the Automated Clearing House (ACH), as this request requires additional documentation to be completed.
You warrant to the Bank that you have full and complete authority to enter into this Agreement. Any person who has an Access ID number and that has a valid password may utilize Online Banking. Any person authorized to sign on an account is also deemed to be authorized to conduct any transaction related to that account. We are not required to obtain the consent of or notify any other joint account holder or you, about the action of the other. Each authorized person may act alone. The Bank may, at its discretion, rely on any written notice containing signatures of an authorized person if the Bank believes, in good faith, that the signature is genuine. If the Bank receives conflicting instructions from authorized persons, the Bank may
- Honor one or more of the instructions received
- Refuse to honor any of the instructions until the Bank receives instructions to which all authorized persons agree or
- Submit to a court all funds which are subject to the conflicting instructions.
6. No Liability
The Bank is responsible for complying with the terms of this Agreement. However we will not be liable:
- If you do not have enough money in your account to make a transfer or bill payment;
- If we are directed to prohibit withdraws from the account by applicable law or court order;
- If your account is closed or if it has been frozen;
- If the transfer or bill payment would cause your balance to go over the credit limit for any credit arrangements set up to cover overdrafts;
- If you, or anyone you permit to utilize the services, commits any fraud or violates any law or regulation;
- If any electronic terminal or telecommunications device malfunctions or is otherwise not working properly and/or prevents the utilization of the services;
- If you have not provided us with complete and correct payment information, including, without limitation, the name, United States address, and payment amount for the payee on a bill payment;
- If you have not properly followed the instructions for using the services;
- If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the utilization of the services, including without limitation a transfer or bill payment, despite reasonable precautions taken by us.
7. Limitation of Liability and Disclaimer of Warranties
The Bank’s liability for damages arising out of this Agreement will not exceed the aggregate fees paid by you to Bank as stated in this Agreement. In no event shall either party have any liability to the other party or any third party for any lost profits or costs of procurement of substitute goods or services or for any indirect, special or consequential damage resulting from or arising out of this Agreement. Notwithstanding the foregoing, in no event shall the Bank be liable for any losses or damages resulting from:
- Services and/or data provided by your data processing vendor(s);
- A virus, the prevention of which was beyond the reasonable control of Bank, or
- A third party gaining access to the Bank’s system and obtaining or altering data.
The Bank makes no representations or warranties to you or any other person, express or implied, in law or in fact, and disclaims any and all implied warranties of fitness for a particular purpose, merchantability or suitability, to you or any other person, of any of the services provided by the Bank under this agreement or any computer software products or programs provided by Bank under this agreement, or as to the stability or compatibility of Bank’s software, equipment or communication interfaces with those used by you.
8. System Security and Procedures
You agree to abide by the security procedures set forth in this Agreement and any other security procedures established by the Bank and provided to you from time to time.
For security purposes, your password must be a minimum of eight (8) characters in length which we highly recommend changing every three (3) months. However; you may change your password as often as you deem it necessary. Your password will be automatically locked out after three (3) failed logon attempts to access account information. You must contact us to unlock your online access and receive a new temporary password if needed. Your password should not be associated with any commonly known personal identification such as social security number, addresses, dates, or names and/or birthdates of children. Memorizing your password is the best security. Do not write down your password or carry your password with you.
The Bank utilizes a secure server that supports 128-bit encryption to ensure that your personal information is safely transmitted over the internet. Firewalls are installed to prevent unauthorized access to sensitive information. Your role in preventing mis-use of your accounts through Online Banking is extremely important. You agree to promptly review your bank statement as soon as you receive it and you agree to protect the confidentiality of your account number(s). You also agree to protect your personal identification information such as social security number, driver’s license number, Access ID and password. Your access ID and password are intended to provide security against unauthorized access to your accounts. Therefore, you agree that you and your authorized persons will keep the passwords confidential. If you believe or have reason to believe that any security procedure or password has or may have become known by unauthorized persons you will immediately notify the Bank in person or by telephone and agree to confirm that oral notification in writing to the Bank within 24 hours. The Bank shall have no liability for losses caused by unauthorized access to any confidential information and you will hold the Bank harmless from any losses, costs, suits, damages, liabilities and expenses resulting from your failure to keep the password confidential or otherwise adequately manage the use of the password. You will be liable for any instructions and other communications initiated before the Bank has received such notice and has had reasonable opportunity to act on such notice. The Bank reserves the right to change any or all of the security procedures at any time by giving written notice (which may be made by email or facsimile) to you.
9. Business Days
Unless otherwise defined by this Agreement, a Business Day is any day that the Bank is operating and open for business. Our business days are Monday through Friday. Saturdays, Sundays and selected Federal Holidays are not considered Business Days. Contact the Bank to inquire if a given Federal Holiday is determined by the Bank to be a Business Day. All transactions, deposits, requests, instructions and entries received by the Bank on a day, which is not a Business Day, will be treated and processed as if received on the next Business Day.
10. Hours of Accessibility
You can usually access your Bank accounts through Online Banking seven (7) days a week, 24 hours a day. However, at certain times, some or all of the Services may not be available due to system maintenance or reasons beyond the Bank’s control. The Bank specifically does not warrant that Online Banking will be available at all times. During these times when services are not available, you may use Telephone Banking, a Bank ATM, or visit a Bank location to conduct your transactions (assuming you have applied for and been accepted to utilize such telephone and ATM services). A transfer, other than a wire transfer, initiated through Online Banking before 6:00 p.m. (Central Time) on a business day is posted to your account on the same day. All transfers completed after 6:00 p.m. (Central Time) on a business day or any time on a Saturday, Sunday or Banking Holiday will be posted on the next business day.
11. Fees and Charges
There are no fees or charges for using the First National Bank Online Banking product. However, depending on how you use the Online Banking product, you may incur other fees and charges including, but not limited to, normal account fees and service charges, internet service provider fees, and telephone charges. The Bank may modify its fee schedule at any time upon 30 day prior written notice to you.
Unless otherwise required by applicable law, either party may terminate this Agreement and your access to Online Banking products, in whole or in part, at any time by providing the other party written notice. We also reserve the right to cancel this Agreement at any time, with or without cause and without prior notice. Examples of when we may cancel this Agreement and the use of Online Banking services without prior notice include, but are not limited to:
- breach of this or any other agreement we may have with you;
- belief that there has been or may be an unauthorized use of your password or account(s);
- conflicting claims as to the funds in any of your account(s);
- request from you to terminate this service;
- lapse of access to your account(s) through this system for a period of 90 days or longer. You will need to call us to reactivate your account.
13. Changes in Agreement
We may change the terms of this Agreement from time to time and will notify you of such changes by mail or by electronic message. Your continued use of Online Banking after the effective date of a change will represent your acceptance of any and all changes.
14. Consumer Rights/Liabilities/Error Resolution
A. In case of questions or errors about online funds transfers or bill payments made through the use of Online Banking, you should call First National at 507-645-5656.
B. Write to First National as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need more information about a transaction listed on the statement or transaction record.
C. We must hear from you no later than sixty (60) days after we have sent the first paper or online statement on which the problem or error appeared. If you notify us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
D. When you tell us about the problem, please:
- Tell us your name and account number
- Describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need;
- Tell us the dollar amount of any suspected error;
- For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, reference number, and payee account number for the payment in question.
E. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however; we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will 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 us to complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive it within ten (10) business days, we may not credit your account. If we determine there was no error, we will send you a written explanation within three (3) business days after we finish our investigation and debit your account for the amount of the error that we previously credited. You may request copies of the documents that we used in our investigation.
F. Unauthorized Transactions in Your Account(s): Notify us at once if you believe another person has improperly obtained your Online password. Also notify us if someone has transferred or may transfer money from your account without your permission or if you suspect any fraudulent activity on your account. To notify us, call or write First National Bank of Northfield.
G. If your Online password has been compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Online password without your permission to access a Bank deposit account. If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.
H. Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) days after the paper or Online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money you had lost after sixty (60) days. If extenuating circumstances, such as a long trip or hospital stay kept you from telling us, the time periods in this section could be extended.
First National Bank of Northfield
329 Division Street
PO Box 59
Northfield, MN 55057
1611 Honey Locust Drive
Northfield, Minnesota, 55057
15. Miscellaneous Terms and Conditions
- SEVERABILITY – If any section, provision or condition of this Agreement is deemed invalid or unenforceable, the provision deemed invalid or unenforceable will, to the extent permitted by applicable law, be deemed reformed so as to be valid and enforceable. If such reformation is not possible, this Agreement will be read as if that provision was never a part of it, and the remainder of the Agreement will be valid and enforceable.
- NO WAIVER – If Bank waives any failure or breach by you hereunder, such waiver will not operate to waive any other breach of the same or different provision.
- ADDITIONAL INFORMATION – You agree to execute any additional documents and to provide any information (including information necessary to remake or reconstruct any deposit, transmission, file or entry) that Bank reasonably requests.
- FORCE MAJEURE – No party will be deemed to have breached this Agreement if it fails to perform because of a cause beyond the reasonable direct control of that party, and without fault or negligence of that party. Examples of causes beyond the reasonable direct control of a party include, without limitation, any failure or interruption of any electronic communication system between you and Bank, equipment or software failure or malfunction, electrical, computer, or mechanical failure or malfunctions, action or in action of government, civil or military authority, fire, strike, lockout or other labor disputes, flood, hurricane, war, riot, theft, earthquake, natural disaster, default of common carriers or third party vendors, and suspension in payments by another financial institution.
- SUCCESSORS AND ASSIGNS – This Agreement is binding upon and is for the benefit of Bank and you and their respective successors and assigns. Bank may, at any time, assign this Agreement to any affiliate, subsidiary, parent, any company owned or controlled by any affiliate, subsidiary or parent company or any entity who acquires substantially all of the business of Bank. Otherwise, Bank and you may not assign this Agreement to any other person without the express written agreement of the other party.
- AMENDMENTS – We reserve the right to change the charges, fees or other terms described in this Agreement. When changes are made to any fees, charges, or other material terms, we will update this Agreement, and send a notice to you at the address shown on our records. The notice will be sent at least thirty (30) days in advance of the change.
- APPLICABLE RULES, LAWS, AND REGULATIONS – This Agreement shall be governed by, and you agree to comply with, the laws and regulations of the State of Minnesota and applicable Federal laws and regulations. In addition, you agree to be bound by and will comply with the terms of this Agreement, requirements of Your Account, the Bank’s rules and regulations and the rules and regulations of any funds transfer or wire system to which the Bank belongs. And dispute between Bank and you must be brought in the relevant court in Rice County, Minnesota where Bank is located.
- NOTICES – Unless otherwise required by applicable law, in the event we are required to provide a notice or other communication to you in writing, that notice or communication may be sent to you electronically to your e-mail address as reflected in our then current records.
16. Electronic Mail
Electronic mail, or email, is available through the Contact Us page on our Website. Email through our Website is not covered by Secure Socket Layers (SSL’s); therefore, this page should be used for general questions or comments only. The information included on this page should not reveal financial information or confidential personal information such as, but not limited to, account numbers or social security numbers.
17. External Links
We may offer various links to external websites. These links are to external websites that contain information created, published and maintained by sources independent of the Bank. We have no control over these websites and therefore do not guarantee the accuracy or completeness of the information gathered from these sources and we are not liable for their content. Any use of information obtained from these external links is strictly voluntary.