This Agreement is between you and First Bank of Newton ("Bank") and governs the use of the First Online Bill Payment ("Online Bill Pay") and e-Bill Presentment ("e-Bills") services (jointly referred to as "Services") on this web site. When you enroll your account(s), you agree to the terms and conditions of this Agreement as well as the Internet User Agreement and the Online Banking and Mobile Banking Agreement. If you are a Consumer you also agree to the terms and conditions of the Electronic Fund Transfers Disclosure. If you are a Business, you also agree to execute the Certificate of Resolution Authorizing Use of Online Banking and Bill Pay ("Resolution"). (Bank will send you the Resolution at your request or upon your acceptance of this Agreement.)
All provisions contained in this Agreement apply to both Consumer and Business accounts unless otherwise specifically stated.
As used in this Agreement, the following terms have the following meanings:
||"Business Day" means Monday through Friday, excluding Federal holidays.
||"Business" means a customer who is an entity enrolling accounts which are used for a business purpose and not for personal, family or household purposes.
||"Consumer" means a customer who is a natural person enrolling accounts which are used primarily for personal, family or household purposes.
||"Cutoff Time" means 7:00 P.M. Central Time on any Business Day and is the time by which you must transmit instructions to have them considered entered on that particular Business Day.
||"e-Bills" means the electronic presentment of bills from Payees.
||"ePayment" means an electronic payment transmitted by automated clearing house (ACH).
||"Payee" means the merchant or other person or entity to whom you wish a payment to be directed.
||"Payment Account" means your checking or NOW account from which all bill payments will be made.
||"Payment Amount" means the amount in US dollars you authorize to be paid to a Payee.
||"Payment Date" means the Business Day upon which your Payment Account will be debited. (Sometimes referred to as "Send On Date".)
||"Payment Instruction" means the information provided by you for a bill payment to be made to your Payee.
||"Pending Payment" means any Payment Instruction which you have ordered to be made which has not been canceled by you before the Cutoff Time on the Payment Date.
||"Repeating Payment" means an automatic recurring payment to the same Payee for the same Payment Amount which you can authorize for payment up to 364 days in advance.
ONLINE BILL PAY and e-BILLS
You must be at least eighteen (18) years of age to enroll in the Services and a resident of the United States. In order to use the Services, you must maintain at least one checking or NOW account with the Bank. You must provide a valid email address to the Bank and maintain access to the Internet. It is your responsibility to notify the Bank of any and all changes to your email address. The Bank accepts no responsibility or liability for the consequences of your failure to notify the Bank of all changes to your email address.
ONLINE BILL PAY:
In order to use Online Bill Pay, you must maintain at least one checking or NOW account with the Bank designated as Payment Account(s). You may pay bills only in US dollars to Payees located in the United States (including Guam, Puerto Rico, U.S. Virgin Islands and U.S. military bases). You may enter Payment Instructions for a one time payment or for Repeating Payments up to 364 days in advance. The minimum payment you may request is $.01 and the maximum is $9,999.99.
Repeating Payments may be scheduled on a regular basis: weekly, bi-weekly, twice a month, monthly, every two months, quarterly, semi-annually or annually.
If you are a Consumer, you may make payments to or at the direction of government agencies, organizations and institutions, and court directed payments. The Bank has limited ability to research any issues arising from such government or court directed payments and will not be responsible for any late fees or penalties incurred by the use of Online Bill Pay for such payments.
By providing the names and account information of your Payees, you authorize the Bank to follow the Payment Instructions that it receives through Online Bill Pay. When the Bank receives a Payment Instruction, you authorize the Bank to debit your Payment Account on the Payment Date and remit funds on your behalf. You agree to only instruct the Bank to make a withdrawal when a sufficient balance is or will be available in your Payment Account on the Payment Date (including any overdraft protection plan which may be connected to the Payment Account). If you do not have a sufficient balance, including available credit under any overdraft protection plan, you agree that the Bank may at its sole discretion follow your Payment Instructions even though a debit to your Payment Account may result in or increase an overdraft. Whether or not the Bank honors your Payment Instruction, the Bank reserves the right to impose a non-sufficient funds or overdraft fee. The Bank is under no obligation to notify you if a payment is not completed because there are non-sufficient funds in your Payment Account (including any available credit under any overdraft protection plan) to process the transaction. You shall remain obligated to the Bank for any and all overdrafts and related fees imposed on your account in accordance with the most current applicable fee schedule.
BILL PAY PROCESSING:
Payment Instruction entered must include a Payment Date (Send On Date). You should select a Send On Date based upon the actual payment due date on your bill, not the late date or a date in the grace period. The Send On Date should allow sufficient time for processing the transaction and remitting the funds (either by ePayment or check) to the Payee. No less than three business days should be allowed, after Bank processing, for remittance of funds if by ePayment. No less than five business days should be allowed, after Bank processing, for remittance if by check. (For example, if the actual due date of the bill is Wednesday the 9th the latest date that should be chosen as the Send On Date is Friday the 4th, if remittance is by ePayment, or Wednesday the 2nd if remittance is by check.). The determination of whether payment is made by ePayment or check is at the sole discretion of the Bank and will be based primarily on acceptance of ePayments by specific Payees. The Bank is not responsible for any charges imposed, or any other action, by a Payee resulting from a late payment, including any applicable finance charges and/or late fees.
Payment Instructions may be processed either electronically or via check. You may schedule multiple payments to the same Payee with the same Payment Date so long as they are for differing Payment Amounts. If you enter multiple payments to the same Payee with the same Payment Date and in the same Payment Amount, Online Bill Pay will not send the duplicate payments. When more than one customer schedules a payment to the same Payee on the same date, all such payments may be consolidated and one electronic file or check may be issued to the Payee.
Since your Payment Instructions are transmitted by computer, the payment will not be sent to the Payee with the Payee's payment stub. Payments received without the payment stub are sometimes processed at a different location. In addition, some Payees take longer to process payments made without payment stubs. It is your responsibility to contact your Payees to ensure that the address provided in your Payment Instruction is the correct address and that you allow sufficient time for the Payment to be sent and posted by the Payee.
CANCELLING PAYMENTS AND PLACING STOP PAYMENTS:
You may cancel or change any Payment Instruction prior to the Cutoff Time on the Payment Date. If the payment has been made by check, you may request a stop payment be placed on that check by contacting Customer Service at (888) 283-2611 or at (316) 283-2600. No stop payment will be placed if the check has already been presented for payment. If you request a stop payment on a Repeating Payment, it will not affect future Repeating Payments unless you enter new Payment Instructions. You may be charged for each stop pay request in accordance with the most current applicable fee schedule.
No stop payment can be placed after the Cutoff Time on the Payment Date if the payment has been made by ePayment.
GENERAL ONLINE BILL PAY PROVISIONS:
The Bank will use its best efforts to make your payments properly and in accordance with your Payment Instructions. The Bank shall not be responsible and shall have no liability for any payment it is unable to complete due to any of the following circumstances:
- Through no fault of the Bank, your Payment Account does not contain sufficient funds (including any overdraft protection plan which may be connected to the Payment Account) to complete the transaction.
- Online Bill Pay is not working properly and you know or have been advised of the malfunction before you execute the transaction.
- You have not provided correct information regarding the Payee.
- Circumstances beyond the control of the Bank (such as, but not limited to, telecommunications failure, acts of God, fire, riot, war, act of terrorism, or severe or adverse weather) prevent the proper execution of the transaction and the Bank has taken reasonable precautions to prevent the circumstances.
If for any reason your access connection is interrupted during an on-line session or you have questions regarding whether your Payment Instructions were received by the Bank, please call First Bank of Newton's Internet Banking Department at (888) 283-2611 or at (316) 283-2600.
If you are a Consumer and your Payment Account or transfer account is owned by more than one person, the Bank may act on the verbal, written or electronic direction of any one owner regarding the enrollment or termination of Online Bill Pay. Each owner who enrolls the account in Online Bill Pay will receive a separate User ID and Password. If applicable, a monthly fee as set forth in the current fee schedule will be charged for each owner (or non-owner, if applicable) who receives a User ID. Regardless of the number of owners who enroll a Payment Account in Online Bill Pay, the bill payments from all Payment Accounts during the month will be aggregated for each User ID in determining the total number of bill payments for the assessment of any fees, if applicable.
If you are a Business, the Bank may act on the verbal, written or electronic directions of any one person authorized by the Resolution executed by you regarding the enrollment in Online Bill Pay. Only one User ID and Password will be issued to you regardless of the number of signers authorized on your accounts. Any person who has the User ID and Password (whether authorized or not) will have access to view account balances and transactions, stop payment of funds, transfer funds and pay bills from all accounts enrolled in First Online Business Internet Banking as well as Online Bill Pay regardless of whether they had such access to all of the accounts previously, as well as view any e-Bills presented.
Any account, which requires two or more signatures to withdraw or transfer funds, may not be enrolled as the Payment Account. You agree not to change the account documentation to require two or more signatures until you have first notified the Bank to terminate the account as the Payment Account and the Bank has had reasonable opportunity to act on your request. You release the Bank from liability for any payments made from a Payment Account by any one person authorized to act as a signer on the account even though that person's authority to transfer or withdraw funds from the account by other means (e.g., by check) must be exercised jointly with one or more other persons.
If you are a business and an authorized signer issues Payment Instructions which have not been properly authorized or are outside of the authorized signer's scope of authority, you assume the entire risk of loss and hold Bank, its directors, officers, employees and agents, harmless from all loss, liability, claims, demands, judgments or expenses arising out of or in any way connected with such use.
GENERAL e-BILL PRESENTMENT PROVISIONS:
Each Payee from whom you want to receive an e-bill must be set up in Online Bill Pay. By setting up a Payee on Online Bill Pay for e-Bills, you are authorizing the Bank to obtain your billing information on your behalf from the designated Payee. For each Payee either the Bank will contact the Payee through its website and obtain your billing information or the Payee will directly provide your billing information to the Bank electronically.
For those Payees where the Bank contacts the Payee's website in order to retrieve your billing information, you will be required to establish an e-bill account with the Payee. Once the Payee e-bill account is established, the Bank will use your login information for that Payee's e-bill account on its website in order to obtain your billing information. For such Payees, you agree to provide your login information to the Bank and to promptly notify the Bank when there is a change to such login information.
For those Payees where your billing information is directly provided to the Bank electronically, you agree to provide the Bank with sufficient information from your last statement in order to authenticate your request to the Payee. The information which shall be deemed sufficient for this purpose will vary by Payee. Once the request is authenticated, the Payee will provide a bill summary for each billing cycle along with a secure link to view the detailed e-bill.
E-bills retrieved from a Payee's website will be available for viewing for a period of 18 months. Bill summary information received from Payees will also be available for viewing for a period of 18 months. Detailed e-bill information from those Payees providing summaries will be available on the Payee's site in accord with their site's policies and practices. The Bank is not responsible for providing access to such detailed information after the Payee has deleted it from their site.
The Bank is not responsible for the accuracy of the information contained in the e-bill. All billing questions and disputes must be communicated directly to the Payee. The Bank is not responsible for the failure to provide an e-bill for any Payee who does not provide the information to the Bank or for any Payee where the logon information provided by you does not access the Payee's website.
RESPONSIBILITY FOR USER ID AND PASSWORD:
It is your responsibility to maintain control and safeguard your User ID and Password. You are solely responsible for all Payment Instructions or other instructions which are authorized by the use of your User ID and Password regardless of who actually request them. You agree to periodically change your Password. In addition, you agree to change your Password upon request by the Bank. If you discover your User ID or Password has been stolen, you agree to notify the Bank immediately.
SERVICE CHARGE AND CHANGES TO AGREEMENT:
A monthly service fee, if applicable, will be charged to your Billing Account in accordance with the current fee schedule. Fees may be changed or implemented at any time after prior notice to you. This Agreement may be revised at any time, effective upon posting the revised Agreement on this Internet Site. Continued use of the Services after posting of a revised Agreement or notice of a fee change will constitute acceptance and agreement to the revisions in the Agreement or changes in service fee.
DISCONTINUATION OR TERMINATION OF SERVICES:
In the event you wish to discontinue using Online Bill Pay, you must provide ten (10) days written notice prior to the actual discontinuation date. Written notice must be sent to First Bank of Newton Internet Banking Department, P.O. Box 587, Newton, Kansas 67114. Once the Bank has acted on your discontinuation notice, the Bank will make no further bill payments, including any bill payments previously authorized.
The Bank may terminate your use of Online Bill Pay, in whole or in part, at any time without prior notice. The Bank reserves the right to cancel Online Bill Pay to all customers, without prior notice. Your access to Online Bill Pay will be terminated automatically if the Payment Account is closed or access to the Payment Account is restricted for any reason.
The Bank may terminate your enrollment in Online Bill Pay if your Online Bill Pay is inactive for a period of ninety (90) days. Inactive is defined as no bill payments in the last ninety (90) days and no active Payment Instructions.
Discontinuation of Online Bill Pay, regardless if initiated by you or by Bank, will also terminate e-Bills. You will no longer have access to the e-bills unless you have saved them to an electronic file or if they can be accessed directly from the Payee's website. You will be responsible for re-initiating a paper bill with your Payees. The Bank will not be responsible for presenting any e-bills that are already in process at the time service is discontinued.
Discontinuation or termination of the Services shall not affect your liability or obligation under this Agreement.
This Agreement shall be governed by and construed in accordance with the law of the state of Kansas without regard to principles of conflicts of laws.
THE FOREGOING SHALL CONSTITUTE THE BANK'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. BANK DOES NOT PROVIDE WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. IN NO EVENT SHALL THE BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF YOUR EQUIPMENT AND/OR THE SERVICES.
MENU OF DISCLOSURES & AGREEMENTS:
• Electronic Disclosure Consent
• Bill Payment and e-Bill Terms and Conditions
• Internet User Agreement
• Deposit Account Agreement
• Truth In Savings
• Customer Identification Program (CIP)
• Funds Availability Policy
• Equal Housing Lender
• Check Card/Direct Banking Cash Card Cardholder Agreement
• Electronic Funds Transfer Agreement And Disclosure
• What You Should Know About Home Equity Lines of Credit
• Important terms of the First Advantage Home Equity Line of Credit