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Online Banking Agreement and Disclosures
Please read the Agreement and Disclosure. You may want
to print a copy to retain for your reference. After reading, to
proceed, click on the “I Accept” button at the end of the document.
1. INTRODUCTION
This Agreement and Disclosure for accessing your accounts at 1st
Bank Yuma via Online Banking is provided for your information.
Please read it carefully as it pertains to your accounts and
electric services we offer.
For purposes of this Agreement, the following definitions apply: The
terms “WE”, “US”, “OUR”, and “BANK” refer to 1st Bank Yuma; “YOU”
and “YOUR” refers to both consumer and business account owners;
Online Banking is the Internet-based service providing access to
your account(s); Time of day references are to U. S. Pacific
Standard Time; Business days are Monday through Friday, excluding
holidays.
The first time you access your 1st Bank Yuma account(s) through
Online Banking confirms your agreement to abide by the terms and
conditions of this Agreement and acknowledges your receipt and
understanding of this disclosure. We may change the terms or amend
this Agreement from time to time without notice or as otherwise
provided by law. Online Banking can be used to access certain 1st
Bank Yuma accounts. Each of your accounts is governed by the
applicable account disclosure statement in your Truth in Savings
Disclosure, (prior receipt of which you acknowledge).
This Agreement will be governed by, and interpreted in accordance
with federal law and regulations and to the extent that there is no
applicable federal law or regulations, by the laws of the State of
Arizona. To the extent permitted by applicable law, you agree that
any legal action regarding the Agreement shall be brought in the
county in which the bank is located.
2. HOW TO REACH US
Business Days
Our normal business days and hours are Monday through Thursday, 9:00
AM to 4:00 PM, and Friday 9:00 AM to 6:00 PM, excluding holidays.
Contact Us
You may contact us at (928) 783-3334 during normal business hours;
visit us at the branch or write to us at 2799 S. 4th Avenue, Yuma,
AZ 85364; or by e-mail at banking@1stbankyuma.com. If you send 1st
Bank Yuma an electronic message, we will be deemed to have received
it on the following business day. 1st Bank Yuma will have a
reasonable amount of time to act on your e-mail. E-mail is not a
secured environment, so please do not send account information or
transaction information.
3. KEEPING YOUR ACCOUNT CONFIDENTIAL
For your protection, we recommend that you frequently change your
Password to access Online Banking. You agree to hold your Password
and Access ID in strict confidence and you will notify us
immediately if your Password or Access ID is lost or stolen. As a
precaution, it is recommended that you memorize your Password and
Access ID and do not write either one down. Passwords should not be
easy to guess; for example, your children’s or pet’s names, birth
date, addresses or other easily recognized identification related to
you. We also recommend that you do not have your browser remember
your password.
You further agree not to allow anyone to gain access to Online
Banking or to let anyone know your Password used with this service.
You agree to assume responsibility for all transactions to the
limits allowed by applicable law. 1st Bank Yuma will not be
responsible for any loss due to breach in the above security
procedures.
To guard against unauthorized use of your Access ID and Password,
Online Banking disables the Password indefinitely on the third
attempt until you contact us in writing.
Contact 1st Bank Yuma IMMEDIATELY if you believe your Password,
Access ID, ATM Card, VISA Check Card, or Personal Identification
Number (PIN) has been lost or stolen or if you have identified any
unauthorized Electronic Funds Transactions (EFT) on your current
statement viewed Online or your monthly printed statement. In
addition to protecting your Password and Access ID, you should also
protect your personal identification information, such as your
Driver’s License, Social Security Number, etc. This information,
alone or together with information on your account, may allow
unauthorized access to your account and/or allow identity theft. It
is your responsibility to protect your personal information with the
same level of care that you protect your account information.
4. ELECTRONIC BANKING DISCLOSURE
Account Access
Online Banking is an internet-enabled service provided to our
customers. By using Online Banking with your personal Password and
Access ID, you are able to:
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Make account inquiries
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Check account balances
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Transfer funds between your checking, savings
and money market account
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Access your current account statement(s)
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Check loan balances
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Make payments to your loan from your account at
1st Bank Yuma
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Download account history into personal financial
management software
Available services may be added or cancelled at any
time. We will update this Agreement to notify you of the existence
of new services. By using these services when they become available,
you agree to be bound by the rules contained in this Agreement. You
can use Online Banking seven days a week, 24 hours a day. However,
from time to time some or all of Online Banking services may not be
accessible due to system maintenance.
Limitations on Fund Transfers From Money Market and Savings
Accounts
Pursuant to federal regulations, you are limited to the number of
certain transactions you can make on your Savings and/or Money
Market Accounts.
For Savings Accounts you may make no more than six (6) transfers to
another account or to a third party by pre-authorized, online
transfers, automatic transfers, telephone transfers, fax requests,
voice response requests, and ACH (Automatic Clearing House –
electronic transactions) per month.
For Money Market Accounts, you may make no more than six (6)
transfers to another account or to a third party by pre-authorized,
online transfers, automatic transfers, point of sale (POS),
telephone, fax requests, voice response requests, and ACH, of which
only three (3) may be checks, per statement cycle. Online transfers
are transactions between accounts initiated through Online Banking.
Telephone transfers are transfers between accounts initiated by a
personal telephone call. Preauthorized withdrawals are transfers
made according to a specific agreement between a customer and us or
another party (i.e. insurance premiums, health club dues, etc.).
Check access refers to any checks you write on your Money Market
Account.
Documentation
You will continue to receive your regular account statement either
monthly or quarterly, depending on the type of account. If you
currently receive a quarterly statement, when conducting online
transactions you agree that we may change your statement frequency
to monthly to comply with federal regulations.
Account to Account Transfers
If you have established two or more deposit accounts with 1st Bank
Yuma and use the online transfer feature provided as a convenience
to you, it is believed to be in good faith by an authorized person.
A transfer made in a session that ends before 5:00 PM from any
eligible account shall be made from collected funds and shall be
available for withdrawal from the account into which the transfer is
made as of the next business day.
Our Liability for Failure to Make Transfer
1st Bank Yuma agrees to make reasonable efforts to ensure full
performance of Online Banking. We will be responsible for acting
only on those instructions sent through Online Banking, which are
actually received, and cannot assume responsibility for malfunctions
in communication facilities not under our control, which may affect
the accuracy or timeliness of messages your send. 1st Bank Yuma is
not responsible for any losses incurred should you give incorrect
instructions, or if your transfer instructions are not given
sufficiently in advance to allow for timely processing.
Any information you receive from 1st Bank Yuma or other information
providers is believed to be reliable. However, it can only be
provided on a best-efforts basis for your convenience and is not
guaranteed. 1st Bank Yuma is not liable for any deficiencies in the
accuracy, completeness, availability, or timeliness of such
information; or for any investment or other decision made using this
information.
Neither 1st Bank Yuma nor other information providers are
responsible for any computer virus or related problems, which may be
attributable to services provided by your internet access provider.
You are responsible for obtaining, installing, maintaining, and
operating all computer hardware and software necessary for
performing Online Banking. We will not be responsible for any errors
or failures from the malfunction or failure of your hardware or
software.
Except as otherwise provided in the 1st Bank Yuma Responsibility
section below, and in the absence of negligence on the part of the
Bank, neither the Bank, any other Information Provider, nor any
other Software Supplier is responsible for any direct, indirect,
special, incidental, or consequential damages arising in any way out
of the use of
Online Banking.
1st Bank Yuma’s Responsibility
1st Bank Yuma will be responsible for your actual losses in the
event they were directly caused by our failure to:
We will not be responsible for your losses if:
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Through no fault of 1st Bank Yuma, you do not
have sufficient funds in your account to make the transfer.
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Through no fault of 1st Bank Yuma, the
transaction would have caused you to exceed your available
credit.
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Circumstances beyond our control (i.e. fire,
flood, power outage, technical, or equipment failure, etc.)
prevent the transfer, despite reasonable precautions that we
have taken.
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There is a hold placed on the funds in your
account, or if access to your account is blocked in accordance
with banking policy.
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Your funds are subject to legal process or other
encumbrance restricting the transfer.
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Your transfer authorization terminates by
operation of law.
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You believe someone has accessed your accounts
without your permission and you fail to notify us.
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You have not properly followed the instructions
on how to make a transfer included in this Agreement.
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We have received incomplete or inaccurate
information from you or a third party involving the account or
transfer.
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We believe that unauthorized use of your
Password or Account has occurred, or if you default under this
Agreement, the Deposit Account Agreement or any other agreement
with us, or if you or we terminate this Agreement.
There may be other exceptions stated in this
agreement and in other agreements with you. In no event shall we be
liable for damages in excess of your actual loss due to our failure
to complete a transfer, and we will not be liable for any incidental
or consequential damages.
If any of the circumstances listed above occur, we shall assist you
with reasonable efforts in taking appropriate corrective action to
reprocess the transactions that may not have been completed or to
correct transactions that have been processed.
In Case of Errors or Questions About Your Electronic Transfers
(Personal Accounts Only)
In case of errors or questions about your electronic funds
transactions, or if you think your statement or receipt is wrong or
if you need more information about an EFT listed on your account
statement or receipt, contact 1st Bank Yuma at (928) 783-3334, or
write to us at 2799 S. 4th Avenue, Yuma, AZ 85364. We must hear from
you no later than sixty (60) days after we have sent the first
statement on which the problem or error appeared. We will need you
to provide 1st Bank Yuma the following information:
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Your name and your account number.
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Describe the error or the EFT you are unsure
about, and explain as clearly as possible why you believe it is
an error or why you need more information.
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The dollar amount of the suspected error.
If you tell us verbally, we may require that you
send us your complaint or question in writing within ten (10)
business days.
We will tell you the results of our investigation within ten (10)
business days (twenty (20) business days if the account is still in
its new account period after we hear from you) and will correct any
error promptly. If we need more time, we may take up to forty-five
(45) days or ninety (90) days if the account is still within its new
account period, POS or a foreign transaction to investigate your
complaint or question. If we decide to do this, we will credit your
account within ten (10) business days (twenty (20) business days if
the account is still within the new account period) 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 (10) business days, we may not credit your
account.
Regardless of the outcome of our investigation, we will send you a
written explanation of our findings within three (3) business days
after we complete our investigation. That explanation will include a
notice of the date and the amount of the item in question. If our
investigation reveals that no error occurred and we debit the
provisional credit, we will continue to honor any third party checks
or pre-authorized transfers for a period of five (5) business days
to the extent that they would have been paid if the provisional
credit had not been debited.
We will send you a written explanation within three (3) business
days following our decision based on our investigation. You may
request copies of the documents that we used in our investigation.
Liability for Unauthorized Use (Personal Accounts Only)
If you believe that your Password and/or Access ID (including
ATM/POS card or PIN) has been lost, stolen or discovered by an
unauthorized person and you notify us within two (2) business days
of the loss or theft, you can lose no more than $50. If you do NOT
notify us within two (2) business days after you learn of the loss
or theft of your Password, Access ID, ATM/POS Card or PIN, and we
can prove that we could have prevented someone from accessing your
accounts via one of the above without your permission, you could
lose as much as $500.
Also, if your statement reflects any EFT’s that you did not make or
authorize, notify 1st Bank Yuma at once. Failure to notify the Bank
within sixty (60) days after the statement was mailed to you may
result in zero compensation for any losses you may sustain if 1st
Bank Yuma can prove that we could have prevented someone from
accessing your accounts(s) if you had notified us in time. If a good
reason (i.e. extended trip, hospital stay, etc.) prevented you from
notifying the Bank, we will extend the time periods.
If you authorize someone else to use your Password, Access ID, or
PIN, you are responsible for all transactions, which that person
initiates at any time, even if the amount of the transaction or
number of transactions exceeds what you authorize.
5. OFFICE OF FOREIGN ASSET CONTROL (OFAC)
Under the Bank Secrecy Act, the Bank is prohibited from transacting
business with persons or entities listed as “blocked” by OFAC. The
official listing is published in the Federal Register and updated
from time to time. You agree not to transact business with persons
or entities blocked by OFAC.
6. FEES AND CHARGES
There are no fees or charges for accessing your account through
Online Banking. Other fees as described in your Schedule of Fees and
Charges (prior receipt of which you acknowledge) may apply to
services you order online.
7. OTHER GENERAL TERMS
Other Agreements
In addition to this Agreement, you agree to be bound by and will
comply with all terms and conditions applicable to each of your
accounts with 1st Bank Yuma, as described in your Truth in Savings
Disclosure (prior receipt of which you acknowledge). Your use of the
Online Banking is your acknowledgement that you have received these
agreements and intend to be bound by them.
Severability
In the event that any portion of this Agreement is held by a court
to be invalid or unenforceable for any reason, the remainder of this
Agreement shall not be invalid or unenforceable and will continue in
full force and effect. All headings are intended for reference only
and are not to be construed as part of the Agreement.
Modifications to This Agreement
1st Bank Yuma may modify the terms and conditions applicable to
Online Banking from time to time upon mailing or delivering a notice
of the modifications to you at the address shown on your account
records, and the revised terms and conditions shall be effective at
the earliest date allowed by applicable law.
Right to Terminate Agreement
1st Bank Yuma reserves the right to terminate this Agreement and
your access to Online Banking in whole or in part, at any time.
Inactivity Status
If you do not access Online Banking during any consecutive ninety
(90) day period your Password will convert to inactive status. If
your Password becomes inactive, you must contact us to have the
password re-activated before you will be able to access Online
Banking.
This Agreement will remain in effect until it is terminated by you
or 1st Bank Yuma.
You understand that you may cancel this Online Banking Agreement at
any time by notifying 1st Bank Yuma at 2799 S. 4th Avenue, Yuma, AZ
85364.
Governing Law
This Agreement is governed by the laws of the State of Arizona, bank
regulations, and applicable federal laws.
1st Bank Yuma Liability
Except as specifically provided in this Agreement or where the law
requires a different standard, you agree that neither we nor the
service providers shall be responsible for any loss, property
damage, or bodily injury, whether caused by the equipment, software,
1st Bank Yuma, or by internet browser providers, or by internet
access providers, or by online service providers, or by an agent or
subcontractor of any of the foregoing. Nor shall we or the service
providers be responsible for any direct, indirect, special, or
consequential economic or other damages arising in any way out of
the installation, download, use, or maintenance of the equipment,
software, Online Banking, or internet browser or access software.
Please print a copy of this Online Banking Disclosure and Agreement
and retain for your reference. If you would like for us to mail you
a copy, please call (928) 783-3334 during normal business hours, or
email us at
banking@1stbankyuma.com .
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