This
agreement is a contract that establishes the rules that cover
electronic access to your accounts at First National Bank
of Fredericksburg through Online Banking.
By
using 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 First National Bank of Fredericksburg's accounts
as well as your other agreements such as loans, continue to apply
not with standing anything to the contrary in this Agreement.
This
agreement is also subject to applicable federal laws and the
laws of the State of Pennsylvania. If any provision of this Agreement
is found 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 (expressed
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 First National Bank of Fredericksburg'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.
Definitions: As
used in this Agreement, the words "we," "our," "us," and "Bank" mean
First National Bank of Fredericksburg. "You" and "Your" refer
to the account holder authorized by Bank to use Online Banking
under this Agreement and anyone else authorized by that account holder
to exercise control over the account holder's funds through Online
Banking. "Account" or "accounts" means your
accounts at Bank. "Electronic funds transfers" means
ATM withdrawals, pre-authorized transactions, point of sale transactions,
transfers to and from your Bank accounts using Online Banking
including bill payments. "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 Online Banking, you must have at least one account with Bank,
and access to Internet service. Access to your accounts through
Online Banking will be based upon the identification of users
and authority levels maintained at the Bank. We undertake no
obligation to monitor transactions through Online Banking to
determine that they are made on behalf of the account holder.
Online
Banking Services: You can use Online Banking to check the
balance of your Bank accounts, transfer funds between your
accounts, make stop payment requests, pay bills from your account
in the amounts and on the dates you request.
Hours
of Access: You can use Online Banking seven days a week,
twenty-four hours a day, although some or all 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 password upon your initial first time login to Online
Banking. The password, a minimum of 6 digits, maximum of 17
digits, is determined by the account holder and is not communicated
to the Bank. 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. After three unsuccessful
login attempts, the system locks the user out, requiring either
a designated wait period or a phone call to the Bank to reset
the password before reentry into the system.
We
recommend that you create a unique access ID that utilizes both
upper and lowercase 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 Online Banking and you agree to promptly
examine your paper statement for your Bank 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. Your password and access ID are intended to
provide security against unauthorized entry and access to your
accounts. Data transferred via Online Banking is encrypted in
an effort to provide transmission security. Once the server session
is established, the user and the server are in a secured environment.
The server has been certified as a 128-bit encrypted with Secure
Sockets Layer (SSL) protocol. With SSL, data that travels between
the bank and customer is encrypted and can only be decrypted
with the public and private key pair. Requests must filter through
a router and firewall before they are permitted to reach the
server. A router, a piece of hardware, works in conjunction with
the firewall to block and direct traffic coming to the server.
Notwithstanding our efforts to insure that 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 read by others.
FNB is not responsible for any electronic virus or viruses that
you may encounter. We suggest that you routinely scan your PC
using a virus protection product. An undetermined virus may corrupt
and destroy your programs, files and your hardware.
Transfers: Transfers
initiated through Online Banking before 5:00 PM (Eastern Standard
Time) on a business day are posted to your account the same day.
Transfers completed after 5:00 PM (Eastern Standard Time) on
a business day will be posted on the next business day. Transfers
completed anytime during Saturday, Sunday or banking holiday
will be posted on the next business day. Online Banking identifies
transfers based upon the login ID of the user who made the electronic
transfer. You agree to communicate with any other persons with
authorized access to your accounts concerning any transfers or
bill payments from your accounts in order to avoid overdrafts.
Because regulations require First National Bank of Fredericksburg to limit preauthorized transfers
(including Online Banking transfers), the following limitations
apply: For a Savings Account you are not permitted to make more
than six (6) transfers per statement cycle by preauthorized,
automatic transfer, by telephone or Online Banking. If you are
a Money Market Account holder you may not make more than six
(6) transfers per statement cycle by preauthorized, automatic
transfer, telephone transfer or Online Banking and no more than
three (3) of these may be by check, draft, debit card or similar
order to a third party. Please note: If there are not
sufficient funds in the account, we cannot complete this transfer.
However, future recurring transfers will not be impacted.
For
current bill pay transactions, you will need to have sufficient
available funds in that account to cover the amount of the bill
payment on the day you initiate the payment, and we will debit
your account at that time. If there are not sufficient available
funds in the account when we try to debit it, then we may not
allow the bill payment to go forward. We will attempt to notify
you of this, if it ever occurs, but will not be liable for any
harm that may occur due to delay in notice or in processing.
Overdrafts: 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 current disbursements, like ATM withdrawals,
will have priority;
b. Electronic fund transfers initiated through Online Banking which would
result in an overdraft of your account may, at our discretion, be canceled;
c. In the event electronic fund transfers initiated through Online Banking
which would result in an overdraft of your account are not canceled, overdraft
charges may be assessed pursuant to the terms of the deposit agreement for
that account.
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.
Online
Banking Bill Payment Service:. You must designate the Bank
account from which the 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 debited from your account. If the date you want the payment
to be debited from your account is not a business day, your
account will be debited the next business day. By using Online
Banking bill payment service option, you agree that, based
upon instructions received under your password, we can charge
your designated account by 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.
Scheduling
Online Banking Payments: If the payee is to be paid by
paper check, you understand and agree that paper checks are
mailed to the payee and the payee may not receive the payment
until 3 to 5 days after the date the payment is debited from
your account. If the payee is to be paid electronically, you
understand and agree that the payee may not receive the payment
until 48 hours after the date the payment was debited from
your account. You understand and agree that we are not responsible
for the timely delivery of mail or the improper transmission
or handling of payments by a third party such as the failure
of the bill payment payee to properly post a payment to your
account.
How
to Cancel or Change Address of a Payee: To cancel a bill
payment or change an address of a payee that you have scheduled
through Online Banking, you must call First National Bank of
Fredericksburg at (717)865-2123 before 5:00 PM on the date
the payment is scheduled to be debited from your account. Cancellations
or changes can also be made by email to sds@fnbankonline.com
Stop
Payment Requests: Stopping the payment of a check is different
from the cancellation of a bill payment. Once the bill payment
has been debited from your account, you CANNOT cancel or stop
a bill payment which has been paid electronically. You may
be able to stop an Online Banking bill payment paid by paper
draft by contacting us by telephone or email before the paper
draft has cleared. (You will have to contact us by telephone
to determine if the paper draft has cleared). If the paper
draft has not cleared, we will immediately process your stop-payment
request. We will notify you immediately if the paper draft
already cleared. To be effective, this type of stop-payment
request must precisely identify the name of the payee, the
payee-assigned account number and the amount and scheduled
dated of the payment. You will incur stop payment charges as
disclosed in the current fee-schedule for applicable amount.
Periodic
Statements: You will not receive a separate Online Banking
statement. Transfers to and from your accounts using Online
Banking will appear on the respective paper statements or e-statement for
your bank accounts.
Change
of Terms: We may change any term of this Agreement at
any time. If the change would result in increased fees for
any 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 21 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 Bank web site or forward it to you by email
or by postal mail. If advanced 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. 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: Contact
us as soon as you can, if you think your paper statement or e-statement is
wrong, or if you need more information about a transfer listed
on your paper statement or e-statement. We must hear from you no later than
60 days after we sent the FIRST paper statement or e-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, tell us the account
number used to pay the bill, payee name, the date the payment was made and
payment amount.
If
you contact us by telephone or by email, we may require that
you send us your complaint or question in the form of a paper
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
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.
ERROR RESOLUTION PROCEDURES- IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS Telephone us at (717) 865-2123 or write to us at: First National Bank of Fredericksburg 3016, S. Pine Grove Street, Fredericksburg, PA 17026
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 is to be 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 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
Online Banking
9. If circumstances beyond our control (such as fire, flood, interruption
in telephone service or other communication lines) prevent the transfer,
despite reasonable precautions that we may have taken
Unauthorized
Transfers: Contact us AT ONCE if you believe that your
Online Banking PIN has been lost or stolen or you think that
someone has transferred or may transfer money from your account
without your permission. You can report a problem by calling
us at 1-800-809-7949 or by writing us at 3016 S. Pine Grove
Street, Fredericksburg, Pennsylvania 17026, Attention: Online
Banking Department. However, telephoning is the best way of
keeping your possible losses to a minimum. If you telephone
us to report a problem, we also require you to put your claim
in writing to us within ten (10) business days. The loss, theft,
or unauthorized use of your LOGIN and PIN could cause you to
lose all the money in your account (plus the money in any account
linked for the purpose of overdraft protection). However, if
you tell us within two (2) business days after you learn of
the loss, theft, or unauthorized transaction, you can lose
no more than $50 if someone used your Online Banking LOGIN
and PIN to make a transaction without your permission. If you
do NOT tell us within two (2) business days after you learn
of the loss, theft, or unauthorized use of your Online Banking
LOGIN and PIN, and we can prove we could have stopped someone
from using your Online Banking LOGIN and PIN without your permission
if you had told us, you could lose as much as $500.
Also,
if your statement shows a transfer(s) which you did not make,
tell us at once. If you do not contact us within sixty (60) days
after the statement was mailed to you, you may not get back any
money lost after the 60th day, 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 a hospital
stay) kept you from notifying us, we will extend the time periods
to a reasonable time.
Disclaimer
of Warranty and Limitation of Liability: We make no warranty
of any kind, expressed or implied, including any implied warranty
of merchantability or fitness for a particular purpose, in
connection with the Online Banking services provided to you
under this Agreement. We do not and cannot warrant that Online
Banking will operate without errors, or that any or all 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 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 First National
Bank of Fredericksburg exceed the amount paid by you for the
services provided to you through Online Banking.
You
are responsible for obtaining, installing, maintaining and operation
of all computer hardware and software necessary for Online Banking
and Bill Pay. The Bank will not be responsible for any errors
or failures from the malfunction or failure of your hardware
or software.
Security: You
have read our security statement and acknowledge that the electronic
security measures used in your Online Banking transactions are
reasonable and acceptable.
Our
Right to Terminate: You agree that we can terminate or
limit your access to Online Banking for any of the following
reasons:
1. Without prior notice, if you have insufficient funds in any one of your
Bank accounts. 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 checking account.
3. Upon reasonable notice, for any other reason at our sole discretion.
Electronic
messages from you to us, or from us to you, will be treated
as written documents for any purpose a written document is
needed. However, we can require written confirmation of messages
or instructions if we choose, and may delay any executing transactions
until we receive confirmation acceptable to us. We might do
this, for example, if we think it will help protect you or
us from fraud or a loss, but we can do so in other circumstances. Please
Note: This is not a secure e-mail form. Please do not include
account information or items of a confidential nature.
Communication
between First National Bank of Fredericksburg and You:
Unless the Agreement provides otherwise, you can communicate
with us in any one of the following ways:
Email: wdorsey@fnbankonline.com
Telephone: (717)865-2123
OR 1-800-809-7949
Facsimile: (717)865-7783
Postal: First
National Bank of Fredericksburg, 3016 S. Pine Grove Street, Fredericksburg,
PA, 17026
