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ON-LINE BANKING SERVICES TERMS AND CONDITIONS

 

THESE TERMS AND CONDITIONS together with the FIRST TIME LOG IN form and the FEE SCHEDULE constitute the Agreement (the “Agreement”) between you and THE FIRST NATIONAL BANK AND TRUST COMPANY OF BROKEN ARROW (the “Bank”), and governs your use of the On-line banking services set forth below (the “On-line Services”). Your use of the On-line Services constitutes your agreement to be bound by the terms hereof. The FIRST TIME LOG IN is your application to utilize the On-line Services with respect to your account(s) with the Bank which, upon approval, will be linked for access (the “Linked Account” or “Linked Accounts”) with the On-line Services. As used herein, “you”, “your” and “yours” means each person or entity which applied for the On-line Services, and “we”, “us” or “our” means the Bank.


AUTHORIZATION; ACCEPTANCE OF AGREEMENT

By applying for the On-line Services, you authorize the Bank to provide information regarding your Linked Accounts with the Bank and to follow your instructions in the use of the On-line Services. When you use any of the On-line Services, or authorize others to use them, such use constitutes your acceptance of, and agreement to be bound by, the provisions of this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY, AND PRINT-OUT AND KEEP A COPY FOR YOUR RECORDS.


AFFECT OF OTHER AGREEMENTS

In addition to this Agreement, your use of the On-line Services is affected by any and all other agreements between you and the Bank respecting the Linked Accounts. When you link an account to On-line Services the agreements already existing between you and the Bank for that account remain in full force and effect, and such other agreements are not changed by the provisions of this Agreement. You should carefully review each of these other agreements for any applicable fees, limitations on transactions and other restrictions which might impact your use of an account with the On-line Services.


ACCESS; HOURS OF OPERATION; BUSINESS DAYS

To use the On-line Services, you must have (i) at least one account with the Bank that you wish to become a Linked Account, (ii) read and accepted the TERMS AND CONDITIONS, (iii) an existing Personal Identification Number (“PIN”) or a PIN which we have assigned to you that can be used to access the On-line Services, (iv) all necessary equipment and internet service provider services required for accessing the internet, and (v) an e-mail address. Upon such confirmation and receipt of your PIN, if necessary, you will have access to the On-line Services. While you may access and use the On-line Services with your computer via the internet with your PIN 24 hours a day, seven days a week (except during those periods in when the On-line Services are occasionally not available due to emergency or scheduled maintenance), transactions will be posted to your accounts on our business days, Monday through Friday, except bank holidays. Any periods of extended non-availability of On-line Services will be posted on the Bank's web site.


FEES AND CHARGES

There will be no fees or charges associated solely with your use of the On-line services; however, you may be subject to other fees and charges applicable under other agreements affecting the linked accounts utilized by the On-line services. Therefore, you should carefully review these other agreements for any applicable fees and charges.


DISCLOSURE OF INFORMATION TO THIRD PARTIES

The Bank will disclose information to third parties about your Linked Accounts or your transactions only under the following circumstances:
when it is necessary for completing transfers or bill payments, or to investigate or resolve a problem related to a transfer or bill payment;

in order to verify the existence and condition of your Linked Account for a third party, such as a credit bureau or merchant;

in order to comply with a governmental agency, federal regulator or court orders;

if you give us your written permission;

as otherwise stated in our Privacy Policy located on our web site.


PASSWORD AND SECURITY

For your protection and security, you agree that the confidentiality and protection of your PIN and PASSWORD used to access the On-line Services is extremely important. You also understand the importance that your role in preventing misuse of your Linked Accounts and the On-line Services has in protecting such confidentiality and security of your PIN, PASSWORD and your Linked Accounts. You agree not to give your PIN or PASSWORD to any unauthorized persons, or make it available to any unauthorized persons. In addition to protecting the confidentiality and security of your PIN and PASSWORD, you also agree to protect the confidentiality of the important information related to your Linked Accounts (such as account names, account numbers, driver's license number and social security numbers).


You agree that the Bank is authorized to act upon any instructions given it under your PIN or PASSWORD through the use of the On-line Services. If you believe that your PIN or PASSWORD has been lost, stolen or otherwise compromised, or if you believe someone may attempt to use the On-line Services or has transferred money without your consent, you must notify us immediately as provided in the “LIABILITY FOR UNAUTHORIZED TRANSACTIONS” section of this Agreement. Except as otherwise limited by law, you agree to be fully and completely liable for all losses which may arise from the unauthorized access of your Linked Accounts, unauthorized use of the On-line Services and/or unauthorized transactions relating to your Linked Accounts.


In an effort to provide a secure system, the Bank uses data encryption techniques to provide security in the transmission of data to and from our facilities via the On-line Services, and it uses identification technology to verify that the sender and receiver of data transmissions via the On-line Services can be identified by each other. However, you acknowledge and agree that, even though the Bank has taken necessary precautions to reduce such risks, the internet is inherently insecure and that all data transmissions occurring over the internet may be susceptible to be monitored, read, captured, intercepted or otherwise compromised by person other than you and the Bank. THE BANK CANNOT, AND DOES NOT, WARRANT IN ANY WAY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, THE SECURITY OF INFORMATION IN TRANSIT TO OR FROM OUR FACILITIES DURING THE USE OF THE On-line SERVICES.


ON-LINE BANKING SERVICES

Check balances on your First National accounts

View transaction histories of your accounts

Transfer funds between linked accounts

Download account information into your personal financial management software

Use mobile banking

Use online bill pay


POSTING OF TRANSFERS

Transfers initiated through the use of the On-line Services will be posted to your Linked Accounts as provided for in the separate agreements relating to such Linked Accounts. Cutoff time for transfers is 6:00 P.M., Central Time, on the bank's business days.


LIMITATIONS ON TRANSACTIONS

Other agreements between you and the Bank relating to each of your Linked Accounts may impose limits on the number of transactions and dollar amounts of transactions conducted through the use of the On-line Services. You should consult these other agreements for any applicable limits. In addition, your transactions relating to certain Linked Accounts conducted through the use of the On-line Services may also be limited by federal regulations. Federal regulations require limitations on the frequency of pre- authorized and “telephone transfers” (which includes, among other types of transfers, transfers initiated through the On-line Services) from savings accounts and money market accounts. Withdrawals by (i) third- party checks, drafts (of which there may be no more than three (3) per month); (ii) pre-authorized transfers (through an automated clearing house or otherwise); (iii) telephone transfers; and (iv) wire transfers, are restricted to a total of six (6) per month. Each transfer or payment through use of the On-line Services from your money market or savings account is counted as one of these six (6) limited transfers you are permitted each monthly statement period. A service fee may apply for each transfer made over this amount. We recommend that you do not use a savings account or money market account as your Bill Payment Linked Account because of these restrictions.


BILL PAYMENT SERVICES

First National offers a service that will allow you to pay your bills using the Internet. Click here to obtain more information about this service.


CANCELLING AND STOPPING TRANSACTIONS

You cannot cancel your transfer from a Linked Account after it has been entered and the instruction transmitted to us using the On-line Services. However, after a mistaken transfer has been entered, you can use the On-line Services to correct such a mistaken transfer by entering a corresponding reversing transaction.


IN CASE OF ERRORS OR QUESTIONS

In the event that you should notice errors in your Linked Accounts' statements or have questions regarding any electronic transactions related to your Linked Accounts, you should contact the Bank as soon as you can by:

Telephoning the Bank at (918) 251-5371; or 1-888-255-5371; or

Writing the Bank at First National Bank and Trust Company of Broken Arrow,
121 S. Main, Broken Arrow, OK 74012.

If you think that your statement for a Linked Account is wrong, or you need more information about a transfer listed on the statement, YOU MUST NOTIFY THE BANK NO LATER THAN SIXTY (60) DAYS AFTER WE SENT THE FIRST STATEMENT ON WHICH THE PROBLEM OR ERROR APPEARED. When you contact the Bank, you must provide us with the following information:

Your name and account number;

The date and dollar amount of the suspected error or transaction in question;

a description of the suspected error or the transfer you are unsure about; and

an explanation, to the best you can provide, as to why you believe it is an error or why you need more information.

If you tell us orally, we may require that you send us your complaint or question in writing by postal mail or facsimile within ten (10) business days.

We will determine whether an error occurred within ten (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 Linked Account containing the suspected error or question 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 QUESTION IN WRITING AND WE DO NOT RECEIVE IT IN WITHIN TEN (10) BUSINESS DAYS, WE MAY NOT CREDIT YOUR LINKED ACCOUNT.

We will communicate to you our determination within three (3) business days after we complete our investigation. If we determine that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit to your Linked Account pending our investigation and have subsequently determined that no error occurred, a corresponding debit will be made from the Linked Account.


OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS

If we do not complete a transaction to or from your Linked Accounts 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. For instance, we will NOT be liable in the following circumstances:

If through no fault of the Bank, you do not have enough funds in your Linked Account to make the transfer, or the transfer would exceed the credit limit on any overdraft line associated with the Linked Account;

If the funds in your account are unavailable because of garnishment, levy or other hold requirements imposed upon the Bank by law or by a governmental agency or court orders;

The equipment or software used by the Bank to provide the On-line Services was not working properly and you know or were advised by the Bank about the malfunction before you executed the transaction;

You have reported your PIN or PASSWORD lost or stolen;

Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the transaction, despite reasonable precautions the Bank has taken;

Your On-line Services have been cancelled;

Postal delays or processing delays by the payee; and

If other exceptions to our liability apply by virtue of provisions set forth in your other agreements with the Bank relating to the Linked Accounts.

IN NO EVENT SHALL THE BANK BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, REVENUE, PROFITS OR SAVINGS, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.

LIABILITY FOR UNAUTHORIZED TRANSACTIONS

If you believe your PIN or PASSWORD has been lost, stolen, used without your permission or otherwise compromised, or if someone has transferred or may transfer funds from any of your Linked Accounts without your permission, CONTACT THE BANK AT ONCE. If you tell us within two (2) business days after you discover your PIN or PASSWORD has been lost, stolen or used without your permission, you can lose no more than $50.00 if someone uses it without your permission. HOWEVER, IF YOU DO NOT TELL US WITHIN TWO (2) BUSINESS DAYS AFTER YOU LEARN OF THE LOSS OR THEFT OF YOUR PIN or PASSWORD, AND THE BANK CAN PROVE THAT IT COULD HAVE STOPPED SOMEONE FROM USING YOUR PIN or PASSWORD TO ACCESS YOUR LINKED ACCOUNTS WITHOUT YOUR PERMISSION IF YOU HAD TOLD THE BANK, YOU COULD LOSE AS MUCH AS $500.00.

If your monthly statement for your Linked Accounts contain transactions that you did not make, CONTACT US AT ONCE. IF YOU DO NOT CONTACT US WITHIN SIXTY (60) DAYS AFTER THE BANK SENT THE FIRST STATEMENT TO YOU CONTAINING THE SUSPECT TRANSACTION, YOU MAY NOT GET BACK ANY OF THE MONEY YOU LOST FROM ANY UNAUTHORIZED TRANSACTION THAT OCCURS AFTER THIS SIXTY (60) DAY PERIOD IF THE BANK CAN PROVE THAT IT COULD HAVE STOPPED SOMEONE FROM MAKING THE UNAUTHORIZED TRANSACTION IF YOU HAD TOLD THE BANK WITHIN THIS SIXTY (60) DAY PERIOD. If for good reason, such as a long trip or a hospital stay, kept you from contacting the us, we may extend the time period.

We may accept as authentic any instructions given to us regarding your Linked Accounts using the On-line Services through the use of your PIN or PASSWORD . When you give someone your PIN or PASSWORD, you are authorizing that person to use the On-line Services and your Linked Accounts, and you are responsible for all transactions that person performs with your Linked Accounts using the On-line Services. Do not discuss, compare, or share information about your Linked Accounts with anyone unless you are willing to give that person full use of your money. All transactions performed by that person, whether or not you intended or wanted them performed, are deemed authorized transactions. However, if you notify the Bank that the person is no longer authorized and obtain a new PIN or PASSWORD, then transactions that person performs after the time you notify the Bank are considered unauthorized.

In the event of any unauthorized use of your PIN or PASSWORD, you agree to cooperate with the Bank and appropriate law enforcement authorities in identifying and prosecuting the perpetrator, and to provide reasonable assistance requested by the Bank in recovering any unauthorized transfer of funds.


TERMINATION OF ON-LINE SERVICES

You have the right to cancel your On-line Services at any time by providing written notice thereof to the Bank. Your access to On-line Services will be suspended within 3 business days following receipt of your written notice. The Bank reserves the right, at our complete discretion, to terminate your access to the On-line Services or any portion thereof at any time without prior notice. The Bank further reserves the right to terminate the On-line Services, in whole or in part, with or without cause, in its entirety at any time and without prior notice. We also reserve the right to temporarily suspend the On-line Services, in our sole discretion and without liability to you, when we deem it appropriate, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your PIN or PASSWORD as an indication of an attempted breach of security. You will remain liable for all outstanding fees and charges related to the Linked Accounts incurred prior to or upon termination, regardless of which party terminates access to the On-line Services. Termination of the On-line Services does not relieve you of any liability or obligation under this Agreement.


COMMUNICATIONS

Unless this Agreement provides otherwise, you may communicate with the Bank,

by e-mail at: firstnetbank@fnbba.com

by postal mail to: First National Bank and Trust Company of Broken Arrow 121 South Main, Broken Arrow, OK 74012;

by telephone at (918) 251-5371;or 1-888-255-5371; or

by facsimile at (918) 251-5974;

in person at the address above or any branch location.


CONSENT TO ELECTRONIC DELIVERY OF NOTICES

You agree that any notice or other type of communication provided to you pursuant to this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank's On-line Services web site or by e-mail. You agree to notify the Bank immediately of any change in your e-mail address.


DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE BANK MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, (I) IN CONNECTION WITH THE On-line SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT, (II) THAT THE On-line SERVICES WILL OPERATE WITHOUT ERRORS OR THAT THE On-line SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES, OR (III) RELATING TO THE SECURITY OF INFORMATION IN TRANSIT TO OR FROM OUR FACILITIES DURING THE USE OF THE ON-LINE SERVICES. Except as specifically provided in this Agreement, or otherwise required by law, you agree that the Bank, our officers, directors, employees, agents or contractors are not liable for any incidental, indirect, special, or consequential damages, including but not limited to, loss of use, revenue, profits or savings, even if such damages were reasonably foreseeable, under or by reason of any services or products provided under this Agreement or by reason of your use or the On-line Services, whether in an action in contract or tort or based on a breach of warranty.


MISCELLANEOUS PROVISIONS

DISPUTES; ENTIRE AGREEMENT

You and the Bank agree to resolve any dispute regarding the On-line Services by looking solely to this Agreement (which is deemed to include these terms and conditions, the Enrollment Form and the Fee Schedule). You agree that this Agreement is the entire statement of the agreement between you and the Bank and supercedes any prior agreement, oral or written, and any other communications between you and the Bank with respect to the subject matter hereof, except to the extent as this Agreement may be subsequently altered or amended from time to time by the Bank in accordance with the ALTERATIONS AND AMENDMENT provisions set forth herein. If there is a conflict between what a Bank employee says and the terms of this Agreement, the provisions of this Agreement shall control.


ALTERATIONS AND AMENDMENT

The terms of this Agreement, applicable fees and service charges may be altered, modified or amended by the Bank from time to time as the Bank deems appropriate. Any such alterations, modifications or amendments will be posted on the Bank's web site at least thirty (30) days prior to their effective date; provided however, that any such alteration, modification or amendment we deem necessary to maintain and/or restore the security of our system, the On-line Services or Linked Accounts may be made without prior notice to you. Any use of the On-line Services after the Bank has made such posting will be construed as your agreement to such alternations, modifications or amendments.


BINDING EFFECT

This Agreement shall be binding upon the parties hereto and shall inure to the benefit of the heirs, legal representatives, successors and assigns thereof.


SURVIVAL OF OBLIGATIONS

Those obligations of the parties hereto, which by their nature would continue beyond termination, cancellation or expiration of this Agreement, shall survive termination, cancellation or expiration of this Agreement.


ASSIGNMENT

You may not assign any right or obligation arising hereunder to any other party. The Bank may assign this Agreement to any affiliated company or successor in interest, and it may assign or delegate its rights and obligations hereunder to other third parties.


CAPTIONS

The section and subsection headings throughout this Agreement are for convenience and reference only, and the words contained therein shall not be held to expand, modify, amplify or aid in the interpretation, construction or meaning of this Agreement.


GOVERNING LAW

This Agreement is subject to all applicable federal laws and the laws of the State of Oklahoma (except to the extent that this Agreement can and does vary such laws). This Agreement shall be governed by the laws of the State of Oklahoma, without regard to its conflicts of law provisions.


SEVERABILITY

If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions hereof shall continue to be fully effective.


ATTORNEY FEES

If any legal proceeding is instituted to enforce or interpret the provisions of this Agreement, the prevailing party(s) shall be entitled to recover its, his, her or their costs, including reasonable attorney fees and expert witness fees, from the non-prevailing party(s) hereto.


WAIVER

No waiver of any obligation, breach or default hereunder by the Bank shall be considered valid unless in writing and signed by the Bank and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature. No delay or omission on the part of the Bank in exercising any rights hereunder shall be deemed a waiver of such right or any other right.


I ACKNOWLEDGE THAT I HAVE READ THIS ON-LINE BANKING SERVICES TERMS AND CONDITIONS. BY CLICKING THE “I AGREE” BUTTON BELOW I REPRESENT TO THE BANK THAT I AGREE TO BE BOUND BY THE PROVISIONS CONTAINED HEREIN, AS THEY MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE HEREWITH.