This Online and Mobile Banking Agreement ("Agreement") sets forth the terms and conditions for your use of First Online Internet Banking and First Bank Mobile Banking. By using the Online Banking Service ("Online Banking") and/or the Mobile Banking  Service ("Mobile Banking") (herein both referred to as "Services") you agree to the terms and conditions set forth herein as well as the Internet User Agreement and Deposit Account Agreement, including all amendments, addendums or revisions thereto. If you are a Consumer you agree to the terms and conditions of the Electronic Funds Transfer Agreement and Disclosure. If you are a Business, you agree to execute the Certificate of Resolution Authorizing Use of Internet Banking. You also agree to all fees as set forth on the applicable fee schedule as may be revised from time to time. Please read this Agreement carefully and keep a copy for your records.

All provisions contained in this Agreement apply to both Consumer and Business accounts unless otherwise specifically stated.

Definitions:
As used in this Agreement the following terms have the following meanings:

"Account": Any checking, savings, time deposit, IRA account (all referred to herein as "deposit Account") or loan account (referred to herein as "loan Account") or credit card account (herein referred to as "credit card Account") at First Bank of Newton ("Bank") on which you are an owner and any account which is included in your Account Summary. (Both deposit Accounts and loan Accounts referred to herein as "Accounts".)
"Advancement": Transfer of funds from an eligible loan Account to one or more deposit Accounts within the Bank.
"Business": A customer who is an entity enrolling accounts which are used for a business purpose and not for personal, family or household purposes.
"Business Day": Monday through Friday, excluding Federal holidays.
"Business Day Cutoff": 7:00 p.m. central time on any Business Day.
"Consumer":  A customer who is a natural person enrolling accounts which are used primarily for personal, family or household purposes.
"Deposit":  Each individual check deposited using the Mobile Check Deposit Service.
"Qualifying Account":  Any personal Account (excluding Health Savings accounts) which meets the daily qualifications determined by the Bank for use with Mobile Check Deposit Service. (Qualifications may be changed by the Bank from time to time without notice.)
"Transfer Instructions": The information provided by you for a transfer of funds between two or more Accounts.


Online Banking Service:
In order for you to use Online Banking, you must be the owner of at least one Account (checking, savings, time deposit, IRA, credit card or loan) with the Bank. You must be at least 13 years of age and provide a valid email address to the Bank. 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 Banking consists of access to:

Account Summaries
Account Inquiries and Balances
Historical Information for up to 60 days
Transaction Downloads
Account Transfers
Detailed Transaction Views
Account Statement Downloads


Mobile Banking Service:
In order to access Mobile Banking you must be enrolled in Online Banking and have a mobile device that has a mobile web browser with a data plan. You agree to maintain your mobile device with a data plan and update or replace such device on a regular basis. You must be at least 13 years of age.

Mobile Banking consists of three services:
• SMS (short message service)
• Mobile Web
• Mobile Application (including Mobile Check Deposit Service

Not all features are available in all services. Not all Online Banking features are available in Mobile Banking. The Bank may, at its sole discretion, modify or offer additional Mobile Banking services and features in the future. Any additional services shall be governed by this Agreement and any amendments, modification or addendums hereto.

The wireless carriers are not liable for delayed or undeliverable messages.
One text message per query.
Message and data raates may apply.
Text the word HELP to 63018 to get additional information about the service or STOP to 63018 to stop receiving messages.

Mobile Banking may not be available over some networks or some devices. A data plan with your wireless provider may be necessary to access some or all of the features of Mobile Banking. The Bank is not responsible for any failure or lack of availability of services provided by your wireless services provider. Your wireless provider may impose additional fees or charges for your device to be able to use Mobile Banking. You are responsible for any and all fees to which you have agreed with your wireless service provider. Your agreement with your wireless service provider may impose additional restrictions or limitations which affect the delivery of Mobile Banking. The Bank is not responsible for any restrictions or limitations.

Supported Carriers:        

AT&T
Verizon Wireless
U.S. Cellular
MetroPCS
Carolina West US
United Wireless
MTA Communications
Sagebrush Cellular USA
Epic Touch USA
Duet IP Wireless
Communications Venture USA
MobiPCS USA
Alaska DigiTel
Illinois Valley
Nex Tech Wireless
Thumb Cellular US
West Central WCC
NW Missouri USA

      Sprint
Cricket
MetroPCS
nTelos
CellSouth
Appalachian Wireless
DTC Wireless US
Chariton Valley Cellular
CTS Telecom Mosaic USA
RINA USA

Layered Communications
Bluegrass
Immix
ACS Alaska
Viaero Wireless US
iWireless
Chat Mobility USA
      T-Mobile
Google Voice
U.S. Cellular
Cellcom US
Pioneer Cellular US
Element Mobile
Pine Cellular
Bandwidth USA
People Wireless USA
Siwireless USA

Cellular One NE AZ USA
Cell 1 East Cent IL
Inland
Golden State US
Plateau US
MTPCS
SRT Wireless USA

The Bank is not responsible:

If Mobile Banking does not perform or does not perform as represented.
If you do not maintain, update and replace your mobile device on a reasonable basis.
For any damage to the mobile device caused by or allegedly caused by the use of Mobile Banking Service.
For any internal connectivity issues. You will research all such issues directly with your ISP.
If there are no Qualifying Accounts in which to make a Deposit, Transfer or Advancement.
For any damage to personal property or personal injury caused by or arising out of the use of Mobile Banking on your mobile device.

All provisions of Section A of the End User Terms for Mobile Banking are incorporated herein by this reference. Contact 1-888-283-2611 if you have questions or require assistance.

Mobile Check Deposit Service:
In order to access Mobile Check Deposit Service ("Mobile Deposit") you must be enrolled in Mobile Banking and have at least one Qualifying Account.  Only Qualifying Accounts will appear on your mobile device.

Use of Service:
To make a Deposit using Mobile Deposit you will take a picture with your mobile device of both front and back of the check which you are depositing.   You will then enter into your mobile device the amount of the Deposit, the Qualifying Account number being used for the Deposit and your email address.  (Only Qualifying Accounts will be available.) It is your responsibility to enter the correct email address.  Failure to do so will result in non-receipt of notifications regarding the Deposit. After review of the image (both front and back), you will submit the images (Deposit) electronically to your Qualifying Account at the Bank. Upon review, if the images are not clear you may re-take the picture of both the front and back of the check before electronically submitting the Deposit.  

After submitting each Deposit you will receive a confirmation of receipt for both the check images and the deposit information. You will also be notified via a Deposit Received Notification email the Deposit has been successfully received. These are acknowledgment of receipt and do not mean the Deposit has been approved. A second email will be sent by the Bank either confirming approval of the Deposit or declining the Deposit. The Deposit Declined Notification email will include the reason for the declination.

Additionally, the Bank may decline the electronically submitted Deposit based on the quality of the images. If the Deposit is declined, you will receive a Deposit Declined Notification requesting you re-take the picture of both the front and the back of the check and electronically submit the new Deposit. This is the only time you may re-take the pictures after the deposit has been electronically submitted via Check Deposit.

If the Deposit has been reviewed and approved you will receive an email confirming the Deposit and it will be posted to your Qualifying Account with a Mobile Check Deposit description. Once the deposit has been approved the funds will be posted to your account the next Business Day however they will not be immediately available. Please see the "Funds Availability" section below.

Funds Availability and Posting Order:
Funds deposited using Mobile Deposit will be available to you on the next Business Day following the date of your receipt of the Deposit Approved Notification email, subject to the Bank's standard hold policies.  If you receive the Deposit Approved Notification email by 7:00 p.m. central time on a Business Day, the Bank will consider that day to be the day of your Deposit. However, if you receive the Deposit Approved Notification email after 7:00 p.m. central time, the Bank will consider the Deposit was made on the next Business Day.

A Deposit made through Mobile Deposit may not be immediately available for viewing on Online Banking or Mobile Banking.  When the Deposits are available for viewing, the reflected order of debit and credit transactions (including but not limited to checks and debit card transactions) may vary from the order in which they will be finally processed by the Bank. The Bank reserves the right to determine the order of processing all transactions.

Conditions for Use
When using Mobile Deposit, you will endorse all checks with the payee's signature (your name), "for deposit only" and the number of the Qualifying Account where the check is to be deposited. Once the Deposit has been approved by the Bank, you will mark on the face of the deposited check "electronically deposited on xx/xx/xxxx" or cause some other marking to be made on the face of the check sufficient to give notice the check has already been deposited. You agree to maintain all checks contained in a Deposit which has been approved by the Bank for a period of 14 calendar days after approval and marking of such check "electronically deposited on xx/xx/xxxx" or other similar marking. After the 14 calendar day retention period for each check, you will destroy such check.

You will not Deposit the following items to your Qualifying Account using Mobile Deposit:

Checks made payable to any person or entity other than you (i.e., third party checks)
Checks which have previously been deposited and returned
Checks drawn on institutions located outside the United States
Checks payable in a denomination other than US dollars
Substitute Checks (as defined in the Check 21 Act)
Remotely created checks
Money orders or travelers' checks
Checks you know, have reason to suspect or should have reason to suspect, are fraudulent or otherwise not properly authorized
Checks dated more than  180 days prior to deposit (stale check) or with any legend included on the front of the check
Checks with a date after the date of deposit or no date
Checks in an amount in excess of the deposit limitations set forth herein (see "Deposit Limits" below)
Checks may be deposited using Mobile Deposit only when you are physically located in the United States.


If for any reason the Mobile Deposit is not able to process your Deposit, you will take your check(s) to the nearest First Bank of Newton location for deposit to your Account or mail them, along with a properly completed deposit slip, to First Bank of Newton, P.O. Box 587, Newton, KS 67114 for deposit into your Account.

Warranties:
For each and every check you deposit using Mobile Deposit you hereby warrant:

All signatures on the check (including all endorsements) are authentic and authorized. The amount, payee, signature(s) and indorsement on the original check are legible, genuine and accurate.
The check is not counterfeit.
You have good title to the check and are a holder-in-due course as defined in K.S.A. §84-3-302.
At the time of deposit you are entitled to enforce the check or authorized to obtain payment of the check in behalf of someone entitled to enforce the check as it is written.
You have no knowledge that any of the information on the check has been altered in any manner after creation but before deposit of the check.
Each image is an accurate representation of front and back of the check, without any alteration.
You will promptly produce the original check upon request of the bank within 14 days of Deposit of the check using Mobile Deposit. You will cooperate and provide reasonable assistance to the Bank regarding any questions or claims made thereon.
The original check or the electronically deposited check will not be and have not been deposited at this Bank or any other financial institution. 
There are no duplicate images of the check other than the image transmitted using Mobile Deposit.
You have destroyed the original check as required under this Agreement.


Deposit Limits:
You may deposit no more than five (5) checks each day equaling no more than $2,000. There is a dollar limit per check of $2,000. In any 21 business day period you may deposit up to thirty (30) checks equaling no more than $10,000. If a Deposit is greater than $2,000 or exceeds either the total daily limit or the 21 business day limit, you will receive a Deposit Declined Notification on your mobile device. If the Bank, in its sole discretion, accepts the Deposit in excess of these limits, the Bank shall have no obligation in the future to accept a Deposit which would exceed these limits. The Bank may, at its discretion, raise or lower any or all of these limits at any time. The Bank reserves the right to make such change without prior notice to you.

Returns:
If a check in a Deposit is dishonored or otherwise returned for any reason, you authorize the Bank to debit the amount of such check from the Qualifying Account.   If there are insufficient funds in the Qualifying Account, you authorize the Bank to collect the funds from any of your Accounts.   If funds are not available in any Account, you agree to reimburse the Bank for the amount of any dishonored or returned check. You also agree to pay the Bank any applicable fees in accordance with the fee schedule in affect at the time of the collection.  

Because you have retained and, after 14 days, destroyed the original check, you acknowledge that it is impossible for the Bank to return such original to you. You agree that the check returned will be in the form of an electronic or paper reproduction of the original or a substitute check.

Fees:
First Bank of Newton does not currently charge a fee for using First Bank Mobile Deposit. This may be changed at any time after prior notice to you.

Account Ownership:
When you enroll in the Services all of the Accounts on which you are an owner will be automatically placed in your Account Summary (or your Accounts page). You may request the Bank to remove any of these Accounts from the Services.

If there are any changes in ownership of your Account (for example, but not limited to, adding or deleting owners) you will immediately notify First Bank of Newton's Internet Banking Department,
1-316-283-2600 or 1-888-283-2611.  If your Account must be closed and re-opened for any reason, you acknowledge that upon the Bank's request you will re-execute this Agreement.

If you are not the owner of an account but are an agent or signer on the account you may request the Bank add the account to your Account Summary. It is the Bank's sole discretion whether to add the requested non-owner account to your Account Summary. The addition of one non-owner account to your Account Summary does not obligate the Bank to add any other non-owner accounts to your Account Summary. The Bank may remove non-owner accounts from your Account Summary at any time without prior notice to you. Determination of ownership of an account at any specific time shall be based on the information reflected in the current records maintained by the Bank.

Multiple Owners/Signers:
If you are a Consumer and you own an Account (or Accounts) with one or more other people, the Bank may act on the verbal, written or electronic direction of any one owner for that jointly owned Account. Each owner who enrolls the account in Online Banking will receive a separate User ID and Password.

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 the Services. 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 on funds, transfer funds, advance funds and access other information available from all Accounts enrolled in the Services regardless of whether they had such access to all of the Accounts previously.

Any Account which requires two or more signatures to withdraw or transfer funds may not be enrolled in the Services. 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 on Online Banking and the Bank has had reasonable opportunity to act on your request. You release the Bank from liability for any action taken on an Account by any one person authorized to act as a signer on the Account even though that person's authority to act on 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 takes action on your Account which has not been properly authorized or is outside of the authorized signer's scope of authority, you assume the entire risk of loss and hold the 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.

Internal Transfers:
To make transfers between Accounts you must maintain at least two Accounts with the Bank. Not all Accounts are eligible to be used for transfers. Transfers may not be made between two loan Accounts or to or from any Account to a credit card Account. Transfers for the purpose of advancing funds from a loan Account to a deposit Account are also governed by the Advancement of Funds section below and the applicable loan agreement. The Bank reserves the right to limit transfer eligibility to certain types of Accounts and to change eligibility requirements from time to time.

You authorize the Bank to transfer all funds as you instruct through the Services. You may not cancel or stop a transfer of funds once you have entered the Transfer Instruction. If the Transfer Instruction to transfer between deposit Accounts is submitted after 10:00 p.m. central time, funds from the transfer may not be available until the next Business Day. If the Transfer Instruction to transfer from a deposit Account to a loan Account is submitted after 10:00 p.m. central time, the transferred funds will not be credited to your loan Account until the next Business Day.

You agree you will instruct the Bank to make a transfer only when a sufficient balance is or will be available in your deposit Account at the time of the transfer (including any overdraft protection plan which may be connected to the Account). If you do not have a sufficient balance, including available credit under any overdraft protection plan, you agree the Bank may, at its sole discretion, follow your Transfer Instructions even though a debit to your deposit Account may result in or increase an overdraft. Whether or not the Bank honors your Transfer 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 transfer is not completed because there are non-sufficient funds in your deposit Account (including any available credit under any overdraft protection plan) to process the transaction. You shall remain responsible to the Bank for all overdraft and related fees imposed upon your deposit Account in accord with the most current applicable fee schedule.

If the Transfer Instruction is to transfer funds from a deposit Account to a loan Account the funds transferred will be applied to the loan Account in accordance with the loan agreement for that loan Account. Any instruction for application of the transferred funds not in accordance with the loan agreement (even if provided on a Transfer Instruction screen as part of the Services) shall not be effective to change the fund application as required under the loan agreement for that loan Account.

Any transfer made from any of your savings or money market accounts is a restricted transfer subject to federal regulations. You may make up to six (6) transfers per month or statement cycle including preauthorized withdrawals, automatic or telephonic transfers. Each online or mobile transfer using a savings or money market account is considered a preauthorized or automatic transfer. Per month or statement cycle is defined as an approximate four (4) week period or cycle, not necessarily a calendar month.

Advancement of Funds
To make a transfer for the advancement of funds from a loan Account you must maintain an eligible loan Account and one or more deposit Accounts with the Bank. Not all loan Accounts may be eligible for Advancements. The Bank reserves the right to limit advancement eligibility to certain types of loan Accounts and to change eligibility requirements from time to time.

You authorize the Bank to advance funds in accordance with your Transfer Instructions. Any advancement of funds shall be governed by the loan agreement for that loan Account. You agree you will only request a transfer for the advancement of funds in accordance with the terms of the loan agreement for that loan Account.  

If the Transfer Instruction for advancement of funds is submitted after 10:00 p.m. central time the funds will be advanced on the next Business Day.

Stop Pay:
Your request through Online Banking to stop payment of a check drawn on your Account is subject to the terms and conditions of stop payment as set forth in the Deposit Account Agreement. You may not request through Online Banking the stop payment of an electronic item (such as an ACH) or a check which has been made into an electronic item (such as an electronically recleared check). Stop payment on electronic items may be requested by contacting any First Bank of Newton location. A fee may be charged to place a stop payment as disclosed in the current applicable fee schedule. You may not request a stop payment on any transaction using Mobile Banking.

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 actions taken and instructions given which are authorized by the use of your User ID and Password regardless of who is actually acting or making the requests. 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.

Compliance with Laws, Regulations and Rules:
You agree to comply with all applicable federal and state statutes, laws, regulations, rules or executive orders including but not limited to the Check Clearing for the 21st Century Act (popularly known as "Check 21"), the Office of Foreign Asset Control executive orders (OFAC) and the Rules of the National Automated Clearing House Association ("NACHA") as may be amended or modified from time to time. A copy of the NACHA Rules may be obtained for a fee from EPCOR, 3100 Broadway, Suite 609, Kansas City, MO 64111-2413.

You agree to provide reasonably requested assistance to the Bank in any formal or informal investigation of any irregular deposits made to any of your accounts.

Changes to Agreement:
This Agreement may be revised at any time, at the discretion of the Bank, effective upon posting the revised Agreement on this Internet Site. In addition, this Agreement may be amended to comply with changes in various state or federal laws, regulations or industry rules and standards. Continued use of the Services after posting of a revised Agreement will constitute acceptance of the revised terms and conditions in the Agreement. Any change in this Agreement shall have no effect on the terms of any agreement governing your loan Accounts.

Failure of the Services:
The Bank accepts no responsibility or liability for any delay or failure of the Services to perform as a result of, but not limited to, communication failure, equipment failure or malfunction (including malfunctions due to computer viruses, malicious code, or other software defect), power failure, energy shortage, act of God, act of governmental authority, act of public enemy, or war, riot, fire, flood, civil commotion, terrorist attack,  insurrection, labor difficulty (including without limitation strike, boycott and other work stoppage or slowdown),severe or adverse weather conditions or other causes beyond the Bank's control.

Discontinuation or Termination of Online Banking Service:
In the event you wish to discontinue using Online Banking, please contact the Bank by phone at 1-316-283-2600 or 1-888-283-2611 or provide written notice to the Bank at First Bank of Newton Internet Banking Department, P.O. Box 587, Newton, Kansas 67114. The Bank will then cancel your User ID and Password. Once the Bank has acted on your discontinuation notice, you will no longer be able to access Online Banking without completing the Enrollment process again. Discontinuation of Online Banking will automatically discontinue your access to Mobile Banking.

You may cancel Mobile Banking at any time by contacting the Bank by phone at 1-316-283-2600 or
1-888-283-2611 or providing written notice to the Bank at First Bank of Newton Internet Banking Department, P.O. Box 587, Newton, Kansas 67114 and deleting the Mobile Application from your mobile device.

The Bank may terminate your use of Online Banking and/or Mobile Banking at any time for any reason without prior notice. The Bank reserves the right to cancel the Services to all customers without prior notice.

Termination by you or the Bank of Online Banking and/or Mobile Banking will not affect any obligations arising prior to the termination including but not limited to the obligation to continue processing any checks which were already in the process of being transmitted or collected prior to the termination. You will remain responsible for all outstanding fees and charges incurred prior to the date of termination and shall promptly pay the Bank for any sums due under this Agreement or any other agreement with the Bank. Upon termination you shall have no further ability to use the Services.

Indemnification:
You hereby indemnify and hold harmless the Bank, its successor's and assigns, officers, directors, employees, agents and attorneys, from and against any and all claims, demands, liabilities, losses, penalties and/ or damages, whether based in contract, tort, strict liability or otherwise (including, without limitation direct, consequential, special and punitive damages) and expenses (including, without limitation, costs and expenses of litigation and reasonable attorneys' fees), directly or indirectly resulting from your breach of any of your warranties, representations and/or obligations under this Agreement or any other agreement between you and the Bank. The terms of this paragraph shall survive the termination of this Agreement provided however, you are not obligated to indemnify the Bank for any damages solely and proximately caused by the Bank's gross negligence or willful misconduct.

Governing Law
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. Jurisdiction shall be in Sedgwick County, Kansas.

Limitation of Liability:
THE ONLINE BANKING AND MOBILE BANKING PROVIDED ON THE WEBSITE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE OR FITNESS FOR A PARTICULAR PURPOSE. THE BANK DOES NOT WARRANT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM ANY OTHER PROGRAM LIMITATIONS OR AVAILABLE AT ALL TIMES. 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 ONLINE BANKING SERVICE OR MOBILE BANKING SERVICE.

(07/15)

 

MENU OF DISCLOSURES & AGREEMENTS:

arrow Electronic Disclosure Consent
arrow Bill Payment and e-Bill Terms and Conditions
arrow Statement Service Agreement and Disclosure
arrow Statement Browser Requirements
arrow Internet User Agreement
arrow Online and Mobile Banking Agreement
arrow Deposit Account Agreement
arrow Truth In Savings
arrow Customer Identification Program (CIP)
arrow Funds Availability Policy
arrow Equal Housing Lender
arrow Check Card/Direct Banking Cash Card Cardholder Agreement
arrow Electronic Funds Transfer Agreement And Disclosure
arrow What You Should Know About Home Equity Lines of Credit
arrow Important terms of the First Advantage Home Equity Line of Credit

 

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