Terms of Use

1. Definitions

For the purpose of this agreement, the words “You”, “Yours” refer to the holder of an account with First National Bank of Gillette and anyone else authorized by that account holder to exercise control over the accountholder’s funds using our Convenience Banking services.  The words “We”, “Us”, “Our” and “Bank” refer to First National Bank of Gillette. Convenience Banking Services" means any or all of the following services you use to access or manage your account(s): mobile banking, online banking, or other web-based applications. These services may be referred to in this Agreement by their individual names, or collectively as the Convenience Banking Services.  These services may be provided by Bank through software and/or services obtained from Q2 Software, Inc., and other third-party providers.

2. Acceptance of Terms & Amendments

This Convenience Banking Agreement is a contract that establishes the rules that govern our electronic access to your accounts at First National Bank of Gillette hereafter referred to as Bank. Your use of Bank’s Convenience Banking Services constitutes your acceptance of this Agreement.  This Agreement is subject to change from time to time.  We may add to, change, or delete the terms of this Agreement by providing notice to you.  We may also add to, change, or delete some functionalities or features of the Service at any time without notice.  If you do not consent to a modification of this Agreement or the Service, you may terminate and discontinue your use of the Service at any time by notifying us.  Your continued use of the Service will indicate your acceptance of the revised Agreement.  Further, BANK reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service.

By using Bank’s Convenience Banking services, you agree to be bound by the terms and conditions contained in this agreement.  Convenience Banking transactions are additionally governed by any other separate agreement(s) you may have with Bank, including, but not limited to, the Account Signature Card, the Deposit Account Terms and Conditions, the Truth in Savings Disclosure, and Truth in Savings Addendum that details the Fee Schedule that applies to your account(s). This Agreement and the parties' mutual rights, liabilities, and obligations shall be governed by the laws of the State of Wyoming and, to the extent applicable, by provisions of the Federal Electronic Transfer Act, the Consumer Financial Protection Bureau's Regulation E, and other applicable federal laws and regulations.

3. Receipt of Disclosures

You understand that this agreement incorporates the initial disclosures that the Bank is required to provide to you under Regulation E.  You agree to receive these initial disclosures in an electronic format (for example, by viewing them on your computer screen) and you have the ability to print or download this agreement if you wish to retain a copy of it.  If you do not have the ability to print or download this agreement you should immediately request written disclosures by contacting First National Bank of Gillette at 307-686-3300 or writing us at P. O. Box 3002, Gillette, Wyoming 82717-3002.  You may request disclosures at any time.

4. Definition of Business Day

Every day is a business day, except Saturday, Sunday and federal holidays that are observed by Bank.  Transactions via FNB Convenience Banking completed on business days after our nightly processing will be treated as a transaction on the next business day.  To ensure transactions via FNB Convenience Banking are processed prior to nightly processing they must be entered prior to 5:00 p.m. Mountain Time, Monday through Friday.  We may treat any correspondence from you via email, received after 2:00 p.m. on a business day as if we had received it the following business day.  All references to time in this document are Mountain Time (MT).

5. Hours of Accessibility for FNB Convenience Banking

You may use FNB Convenience Banking virtually any time, day or night, 7 days a week.  However, FNB Convenience Banking may be temporarily unavailable due to record updating, scheduled system maintenance, or technical difficulties and emergencies.

6. Services through FNB Convenience Banking

FNB Convenience Banking is a consumer electronic banking service provided by the Bank.  You understand that if you wish to receive internet banking services for any commercial accounts that you may have to complete the Cash Management Master Agreement related to those services and agree to be bound by its terms and conditions.

7. Access

To use FNB Convenience Banking services you must have at least one account with Bank, acquire the computer hardware and software required to access the Internet Banking Services for which you are enrolled and/or qualify, access to Internet service, a phone number, and an e-mail address. To access FNB Convenience Banking you will need to enter your User ID and password and otherwise satisfy the system’s security procedures.  FNB Convenience Banking provides for self-enrollment.

FNB Convenience Banking allows you to…

• Transfer funds electronically (“transfers”) between any of your deposit accounts
• Make Account to Account (A2A) transfers to other internal BANK accounts
• External transfers to bank accounts outside of BANK
• Obtain account information, such as the balances in your savings and checking accounts
• View your account history
• View checks that have cleared
• Access your designated deposit account to pay most bills (“Bill Pay”)
• Link your bills with one single sign-on using Biller Direct
• Receive your monthly statement electronically
• Initiate stop payment requests online only for paper checks you have written (non-electronically) on your Bank accounts (including FNB Online Bill Pay paper drafts).Online stop payment requests are processed at the time of the placement; you will receive confirmation upon completion.  You will incur stop payment charges as disclosed in the current fee schedule for the applicable account.

Collectively these are referred to as the “FNB Convenience Banking” banking services.

You understand that the balance figure may not reflect recent transactions and may include funds that are not subject to immediate withdrawal.  Information may not be current if you access Convenience Banking while the system is offline.

8. First National Bank of Gillette Convenience Banking Fee Schedule

Access to First National Bank of Gillette’s Convenience Banking and Consumer Bill Pay is free. Fees for Bill Pay special services, GiftPay and Rush Payments, will be charged as outlined in the fee schedule for the Bill Pay Service section above in this document and as detailed in the Bill Pay Agreement.

 

For your use of FNB Convenience Banking services, you agree to pay the applicable fees and charges.  You acknowledge your receipt of the current Fee Schedule (which is subject to change) and that you are aware of the fees and charges set forth therein for your use of FNB Convenience Banking.  You agree that all such fees and charges will be deducted from the Bank checking account designated as the “Primary Checking Account” on your Enrollment Form.  If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account.  You agree to pay any additional reasonable charges for services you request which are not covered by the Agreement.  You are also responsible for telephone, data usage, and internet service fees you incur in connection with your use of FNB Convenience Banking.

Other fees, such as excessive transfer fees, may apply to services conducted through FNB Convenience Banking.  Please refer to the Fee Schedule that you received when you opened your account with us.  If you need an additional fee disclosure, please contact us at 307-686-3300.

Overdrafts (Order of Payments, Transfers and Other Withdrawals)

If your account has insufficient funds to perform all electronic funds transfers that you have requested for a given business day, then:

Electronic fund transfers involving currency disbursements, like ATM withdrawals, will have priority; Electronic fund transfers initiated through FNB Convenience Banking which would result in an overdraft of your account may, at our discretion, be cancelled; and in the event the electronic fund transfers initiated through FNB Convenience Banking which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

9. No Warranties

THE CONTENTS OF THE SITE AND THE LOCAL SITES ARE DISTRIBUTED TO YOU WITHOUT ANY WARRANTY OF ANY KIND.  WE AND THE THIRD-PARTY CONTENT PROVIDERS DISCLAIM ANY AND ALL WARRANTIES INFORMATION ON THE SITE AND ANY LOCAL SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW WE DO NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED IN RESPECT OF SUCH INFORMATION WHETHER IN RESPECT OF THE SITE OR ANY LOCAL SITE.  YOUR USE OF THE SITE OR ANY LOCAL SITE IS AT YOUR SOLE RISK.  WE DO NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIAL, PRODUCTS AND SERVICES OR THE ERROR-FREE USE OF THE SITE OR LOCAL SITE.

WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ANY LOCAL SITE WILL BE AVAILABLE OR THAT IT WILL MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM.  YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACK UP OF DATA AND/OR EQUIPMENT AND FOR UNDERTAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.  WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ANY THIRD-PARTY SOFTWARE THAT MAY BE USED IN CONNECTION WITH THE SITE OR ANY LOCAL SITE.

10. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, LOSSES OR LIABILITIES, IN CONNECTION WITH YOUR  USE OF THE SITE OR YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES ON THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Not Intended for Children

The Site is not intended for use by minors.

11. Security Procedures

A password and a secure access code will be used for security purposes.  You understand that any temporary password will be used only the first time you access the service, at which time you must choose a new password.  The password is confidential and should not be disclosed to third parties even if requested.  The identity of your password is not communicated to us.  No one from the bank will ever ask for your password.  You are responsible for the safekeeping of your password.  You agree not to disclose or otherwise make available your password to anyone not authorized to sign on your accounts.  If you permit another person to use the service or give them your user ID and your password, you are responsible for all activity the person initiates even if he/she exceeds your authorization.  You accept responsibility to change your password regularly. You must enter a secure access code during the login process. Your secure access code will be delivered to the phone number on file. You may request to update your phone number(s) by sending a request via Secure Message.

Upon four unsuccessful attempts to use your password your access to FNB Convenience Banking will be disabled. If you have forgotten your password, you may re-set it.   In the event your login or password is no longer valid you will need to re-establish your authorization.  To re-establish your authorization to use FNB Convenience Banking you must contact us to have your password reset and obtain a new temporary password.  Your password should not be associated with any commonly known personal identification, such as social security numbers, address, and date of birth or names of children.  Your password should be memorized rather than written down.  Your password must contain at least ten characters.

Your FNB Convenience Banking password is used only for FNB Convenience Banking and bill payment transactions.  You may be prompted from time to time to change your password for additional security.  You may change your password at any time by selecting the Change Password option from within the Settings menu.

You agree that you have considered the security procedures of the FNB Convenience Banking service and find that the security procedures are commercially reasonable for verifying that a bill payment transfer or other communication from you is, in fact, yours.

You understand the importance of your role in preventing misuse of your accounts through FNB Convenience Banking, and you agree to promptly examine your statement for each of your bank accounts as soon as you receive it.  Data transferred via FNB Convenience Banking is encrypted in an effort to provide transmission security, 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 monitored and read by others.  We cannot and do not warrant that data transfers utilizing FNB Convenience Banking, or e-mail transmitted to and from us, will not be monitored or read by others.

12. Liability for Unauthorized Use

You will notify us immediately if you believe that your password has become known to an unauthorized person or if someone has transferred money or made payments without your permission.  You understand that calling us in such cases is the best way of keeping your possible losses to a minimum.  If you suggest that an unauthorized transfer or bill payment may have occurred, we may require you to sign an affidavit verifying such occurrence.

You understand that you can lose all the money in your deposit accounts accessed through FNB Convenience Banking if you do not inform us that your password has become known to an unauthorized person.  If you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50.00 if an unauthorized person used your password to access FNB Convenience Banking without your permission.

If you do not tell us within 2 business days after you learn that your password has become known to an unauthorized person, and we can prove that you could have stopped someone from using your password without your permission if you had told us, you can be liable for as much as $500.00

If your statement shows electronic funds transfers that you did not make, you must notify us immediately.  The Bank may require you to provide your complaint in the form of an affidavit.  If you do not tell us about unauthorized transfers within 60 days after your account statement is mailed to you, you may not get back any money that you lose after the 60-day period if we can prove that, had you told us about the unauthorized transfer on time, we could have stopped someone from taking the money.  If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within 10 business days.

13. Liability for Failure to Make Payments

If we do not send a bill payment or make a transfer on a timely basis, as set forth in this agreement, or in the correct amount according to your instructions, we may be liable for damages caused.  However, we will not be liable if:

1.    Through no fault of ours, your designated funding account does not contain sufficient funds to make the payment or transfer, if your account is closed, or if it has been frozen; 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; if you, or anyone authorized by you, commits fraud or violates any law or regulation
2.    The equipment, ATM network, phone lines, or computer systems were not working properly or were temporarily unavailable and you knew about the breakdown when you started the transfer.
3.    Circumstances beyond our control, such as fire or flood, prevented the bill payment or transfer, despite reasonable precautions we have taken
4.    A court order or legal process prevents us from making a transfer or bill payment
5.    You have reason to believe that there has been unauthorized use of your password and you fail to notify us as set forth above, or the payee does not process a payment correctly, or in a timely manner
6.    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, if you have not properly followed the on-screen instruction for using FNB Convenience Banking

There may be other exceptions stated in other agreements with you.  If any of the circumstances listed in 3) or 4) above occur, the Bank shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or may have been processed incorrectly.  In no event shall the Bank be liable for consequential damages.

14. Limitations

You should refer to your Deposit Account Agreement or contact us for additional information.

Please refer to the disclosure documents you received at the time these accounts were established for more detailed information on limitations, restrictions, and early withdrawal penalties applicable thereto.

15. Errors or Questions

If you think your statement is wrong, or you need more information about a transfer listed on the statement, contact First National Bank of Gillette at (307)686-3300 or write us at P. O. Box 3002, Gillette, Wyoming 82717-3002.  We must hear from you no later than 60 days after we sent the first statement on which the problem or error appears.

• When notifying us, tell us your name and account number
• Describe the error on the transfer in question, and explain as clearly as you can why you believe it is an error or why you need more information
• Tell us the date and dollar amount of the suspected error

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.  If we ask you to put your complaint or questions in writing and we do not receive it within 10 business days, we may not credit your account.

We will determine whether an error occurred within 10 business days (20 business days in the case of a new account or international transactions) after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days (90 days in case of new account or international transactions) to investigate your complaint or question.  If we decide to do this, we will credit your account within 10 business days (20 business days in the case of a new account or international transactions) 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 you are a new customer, an account is considered a new account for 30 days after the first deposit is made.

We will tell you the results within 3 (three) business days after completing our investigation.  If we decide 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.

16. Account Information Disclosure

As it specifically pertains to electronic funds transfers, we may disclose information to third parties about your account and the payments or transfers you make as stated in our Privacy Policy.  Our Privacy Policy has been provided to you at the beginning of this document.  You may also contact us to receive a separate copy of our Privacy Policy statement.  You agree that you have been given the opportunity to read the Privacy Policy.

17. Documentation and Verification of Payments/Transfers

Confirmations

Upon completion of a Convenience Banking transaction, a confirmation will be provided.  We recommend that you print the transaction results for verification purposes.  You should record this in your checkbook register as a permanent record of the transaction.  This will help in resolving any problems that may occur.

Periodic Statements

Information concerning Convenience Banking transactions will be shown on your normal statement for the account to and from which transfers or payments are made.  If you have a checking or money market account, you will receive a monthly statement.  If you have a savings account, you will receive a statement during the months with electronic funds activity or quarterly if there is no such activity.

Other Conditions

You are responsible for complying with all terms of this agreement and the regulations governing the deposit accounts that you access through FNB Convenience Banking.  We can terminate your FNB Convenience Banking privileges without notice to you if you do not pay any fee required in this agreement when due, if you have insufficient funds in any one of your Bank accounts, or if you do not comply with this agreement.  The regulations governing your deposit account are set forth in your account information disclosure, a copy of which is available from our offices referenced below.  You may terminate this agreement and your use of FNB Convenience Banking services by notifying us at (307)686-3300.

We may terminate your access to FNB Convenience Banking services upon 3 (three) business days’ notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account upon reasonable notice, for any other reason in our sole discretion.

We may terminate this agreement and your use of FNB Convenience Banking services without notice if you do not log on for a period of more than 180 days.  If this occurs, you will have to repeat the registration process for FNB Convenience Banking services.  We reserve the right to temporarily or permanently discontinue FNB Convenience Banking services at any time by mailing to you, at the address shown in our records, a notice stating the date termination will occur and that no transfers or orders payable to third parties via FNB Convenience Banking services will be honored if received the day of termination and thereafter.  We will inform you of such termination in accordance with applicable law or regulation.

FNB Convenience Banking services may be reinstated, in our sole discretion.

18. Change in Terms

The Bank may change any term or condition of this agreement at any time, and will mail or deliver a written notice to you at least 21 days before the effective date of any change in term or condition if the change would result in increased fees or charges, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amounts of transfer, unless prior notice is excused by law or unless an immediate change is necessary to maintain the security of an account or electronic fund transfer system.

We will post any required notice of the change in terms on the Bank website or forward it to you by e-mail or by postal mail.  If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic funds transfer system, we will notify you of the change in terms within 30 days after the change becomes effective.  Your continued use of any or all of the subject FNB Convenience Banking services indicates your acceptance of the change in terms.  We reserve the right to waive, reduce or reverse charges or fees in individual situations.  You acknowledge and agree that changes or fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

19. Contact Information

Unless this Agreement provides otherwise, you can communicate with us in one of the following ways:

In Person:
You may visit us in person at one of our offices:

First National Bank of Gillette
319 South Gillette Avenue
Gillette, WY 82716
(307) 686-3300

First National Bank of Gillette RC Ranch Branch
520 Running W Drive
Gillette, WY 82718
(307) 685-7070

First National Bank of Gillette Highway 59 Branch
2400 South Douglas Highway
Gillette, WY 82718
(307) 685-7000

Lobby Hours:
Monday - Friday 9:00 a.m. - 5:00 p.m.

Drive-Thru and Walk-Up Window Hours (Main Bank & RC Ranch Branch):
Monday - Friday 8:00 a.m. - 5:00 p.m.

Drive-Thru Hours (Highway 59 Branch):
Monday - Friday 8:00 a.m. - 6:00 p.m.

Saturday Hours (Highway 59 Branch only):
8:00 a.m. - 12:00 p.m.

You may contact us through e-mail.  Please note that e-mail, in general, is not a secure means of communication.  If the information you need to convey to the Bank is of a sensitive nature (account numbers, Social Security Number, passwords, or PINs), please contact us by phone, U. S. mail or come visit us in person.

20. Consent to Electronic Delivery of Notices

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

By using FNB Convenience Banking, you agree that you have received and understood this agreement and disclosure and will be bound by all the terms and conditions of the agreement just as if you have signed this agreement.

If you do not agree to be bound by the terms of this agreement, you understand that you will notify us to discontinue your FNB Convenience Banking services.

21. Additional Terms

The terms and conditions of the Deposit Agreement and disclosures of each of your Bank accounts, as well as your other agreements with the Bank such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.

This agreement is also subject to applicable federal laws and the laws of the State of Wyoming (except to the extent this Agreement can and does vary such rules or laws).  You agree to exclusive jurisdiction and venue in Campbell County, Wyoming.  If any provision of this Agreement is found to be 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 (express 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 Bank’s successors and assigns.  Certain of the obligations of these parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement.  This Agreement, together with the Enrollment Form and Fees Schedule, constitutes the entire agreement between you and the Bank with respect to subject matter hereof.  There are no understandings or agreements relative hereto which are not fully expressed herein.

Notice:  The terms and conditions of this Agreement are incorporated by reference by the parties to the Enrollment Form.  It is intended that the signatures of the parties to the Enrollment Form be construed as the execution of this Agreement.

Bill Payment Agreement

You may use First National Bank of Gillette’s bill paying service, iPay, from hereafter referred to as “Service”, to direct First National Bank of Gillette to make payments from your designated checking account to the “Payees” you choose in accordance with this agreement.  The terms and conditions of this agreement are in addition to the account agreements, disclosures, and other documents in effect from time to time governing your account.

“You” or “your” means each person who signs the bill paying enrollment form or is otherwise authorized to use the Service.  “Payee” means anyone, including the Financial Institution, you designate, and the Financial Institution accepts as a payee.  “We”, “our”, and “us”, when used in this notice, mean First National Bank of Gillette.

1. Contacting iPay

Please contact iPay by calling 1-833-283-3419. Subscriber services are available 5:30 am to 12:00 am Mountain Time, Monday through Friday. You may also utilize the application’s live chat.

2. How to Set Up Merchants/Payments

When you sign onto the bill pay systems you will establish your list of Merchants by selecting the Add Payee button on the Payments screen.  You may add a new fixed payment for any Merchant but only if they are on the authorized list of payees.  If the Merchant is not set up for electronic payments, the service will generate a paper check for payment.  The check will carry your account number and will clear directly through your account.  A unique check number will appear on your statement for easy recognition.  The financial institution reserves the right to refuse the designation of a Merchant for any reason.

The financial institution is not responsible if a Bill Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant or if you attempt to pay a Merchant that is not on your Authorized Payee list.

3. The Bill Paying Process

The financial Institution will process one-time payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by the Financial Institution, which is currently 2:00 p.m. Mountain Time.  One-time bill requests received after the business day cut-off time, or at any time on a non-business day will be processed on the next business day.  The Financial Institution reserves its right to change the cut-off time by giving you notice if it changes.

FOR RECURRING PAYMENTS REQUESTS, IF YOU DESIGNATE A PROCESSING DATE OF THE 28^TH THROUGH THE 31^st OF A MONTH, YOU MUST SELECT THE OPTION OF “LAST BUSINESS DAY” FOR PROCESSING TO ALWAYS BE INITIATED ON THE LAST CALENDAR DAY OF THE MONTH.  Otherwise, recurring payment requests will be processed on the dates you have designated, unless such date falls on a non-business day resulting in your payment being processed on the next business day.

YOU MUST ALLOW AT LEAST FIVE (5) BUSINESS DAYS, PRIOR TO THE DUE DATE, FOR EACH BILL PAYMENT (RECURRING OR ONE-TIME TO REACH THE MERCHANT.  (IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE RECURRING PAYMENTS).  Due to circumstances beyond our control, some Merchants take longer to post payments than others.  We suggest sending your first payment eight (8) business days in advance of the Due Date.  After your first payment has posted you have a better understanding of how much time to allow for each Merchant.

You must select a DUE Date that is at least five (5) business days before the actual Due Date reflected on your Payee statement.  If your actual Due Date falls on a non-business day you must select a Payment Date that is at least one business day before the actual Due Date.  Payment Dates should be prior to any late date or grace period.

When you have scheduled a payment, you authorize the Financial Institution to debit your Payment Account and remit funds on your behalf.  You certify that your Payment Account is an account from which you are authorized to make payments and any payment you make will be debited from this account.  You also authorize the credit of returned payments from using the Bill Pay Service.

The Bill Pay Service will incur no liability and a Service Guarantee shall be void if the Bill Pay Service is unable to complete any payments initiated because of any of the following:

1. You have not provided the Bill Pay Service with the correct payment account information, or the correct name, address, phone number, or account information for the Merchant upon initiation of the payment; and/or,

2. Circumstances beyond the control of the Bill Pay Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bill Pay Service has taken reasonable precautions to avoid those circumstances.

3. The payment-processing center is not working properly, and you know or have been advised by the Bill Pay Service about the malfunction before you execute the transaction.

You agree to have available and collected funds on deposit in the account you designate in the amounts sufficient to pay for all Bill Payments requested, as well as any other payment obligations you have to the Financial Institution.  The Financial Institution reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this agreement.  If you do not have sufficient funds in the Account and the Financial Institution has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand.  You further agree the Financial Institution, at its option, may charge any of your accounts with the Financial Institution to cover such payment obligations.

The Bill Pay Service reserves the right to select the method in which to remit funds on your behalf to your Merchant.

Any Bill Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated.

4. Return Payments

In using the Service, you understand that the Service and/or the United States Postal Service may return payments for various reasons, such as, but not limited to, the Service account number is not valid, the Service is unable to locate account; or Payee account is paid in full.  The Service will use its best efforts to research and correct the returned payment or void the payment and credit your Payment Account.  You may receive notification from the Service.

5. Liability

You are solely responsible for controlling the safekeeping of, and access to, your password.  You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority.  If you want to terminate another person’s authority, you must notify the Financial Institution and arrange to change your password.  You will be responsible for any Bill Payments request you make that contains an error or is a duplicate of another Bill Payment.  The Financial Institution is not responsible for Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment.  The financial Institution is not liable for any failure to make a Bill Payment if you fail to promptly notify the Financial Institution after you learn that you haven’t received credit from a Merchant for a Bill Payment.  The Financial Institution is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to the Financial Institution’s agent.  In any event, the Financial Institution will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with the Agreement or the Service, even if the Financial Institution has knowledge of the possibility of them.  The Financial Institution is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution’s reasonable control.

6. Amendment and Termination

The Financial Institution has the right to change this Agreement at any time by notice mailed to you at the last address shown for the Account on the Financial Institution’s records, by posting notice in branches of the Financial Institution, or as otherwise permitted by law.

The Financial Institution has the right to terminate this Agreement at any time.  You may terminate this Agreement by written notice to the Financial Institution.  The Financial Institution is not responsible for any fixed payment made before the Financial Institution has reasonable opportunity to act on your termination notice.  You remain obligated for any payments made by the Financial Institution on your behalf.

7. Fees  

There are no monthly fees for Consumer Bill Pay service.

Fees for Bill Pay customer requested services

Please note that the following charges are pass-through charges assessed by the bill pay processor for bill pay services provided or costs incurred.

Gift Check                                                                                           $  2.99

Charitable Donation                                                                       $  1.99

Rush Payments

                Next Business Day Check Delivery                          $19.95

                Second Business Day Check Delivery                    $14.95

                Second Business Day Electronic Delivery             $  4.95

Business Type Monthly Fee Transaction Limit Additional Transaction Fee

Business Service free for up to 25 transactions per month*

                *$1.00 will be assessed for each transaction in excess of 25

The Financial Institution reserves the right to charge you for research time involving payments no longer available in your screen history.   You will be informed of any such charges before they are incurred.

Some Bill Payments are processed by Electronic Fund Transfers (EFT).  Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations.

8. Responsibility

Neither Institution nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction (ii) a legal order prohibits withdrawals from your account (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Convenience Banking or On-line Financial Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of Convenience Banking or On-line Financial Services; (ix) you knew that Convenience Banking and/or the On-line Financial Services were not operating properly at the time you initiated the transaction or payment; (x) there is postal delay; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.