ONLINE BANKING DISCLOSURE
TERMS & CONDITIONS
This Agreement between you and First Bank of Owasso (the "Bank") governs your use of our Online Banking Service (the "Service"), including all Optional Services. The term "Service Provider", as used in this document, includes any agent, licensor, independent contractor or subcontractor that the Bank may involve in the provision of the Service, including all Optional Service.
You represent and warrant that you are an Authorized User acting with full authority, and that you are duly authorized to acknowledge and accept these Terms & Conditions.
You should print or save a copy of this Agreement for your records.
WHEN YOU RESPOND TO SYSTEM PROMPTS TO ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS, YOU ALSO CERTIFY THAT YOU ARE ABLE AND WILLING TO ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT.
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, FOLLOW THE SYSTEM PROMPTS TO REJECT THE TERMS AND CONDITIONS OF THIS DISCLOSURE.
II. ELECTRONIC DISCLOSURES
The terms of this Agreement, applicable fees and service charges may be altered or amended by the Bank from time to time. In such event, the Bank will post the amended Terms and Conditions on our website or Online Banking login page. You agree that electronic delivery or posting of disclosures, notices, modifications and other communications about the Service has the same effect as mailing them to you (including modifications to the terms of the Deposit Account Agreement and Schedule of Fees and Services). The Bank cannot guarantee receipt of the notices. Any use of the Service after the Bank posts a change will constitute your agreement to such change(s). Further, the Bank may from time to time revise or update the programs, and/or related material which may render all prior program versions obsolete. Consequently, the Bank reserves the right to terminate this Agreement as to all such prior versions of the Service, and/or related material and limit access to the Bank's more recent revisions and updates of the Service.
In order to provide electronic disclosures, we must be aware of your current email address at all times. It is your sole responsibility to ensure the bank is aware of your most current email address. Your email address information may be updated by contacting the bank directly.
Upon completion of the online registration process, we may send you an email and ask you to confirm your email address.
III. ELIGIBILITY & REQUIREMENTS
In order to enroll in the Service:
The current computer hardware and software requirements to participate in our Online Banking service are available through the Help link on the Online Banking login page. You are solely responsible for setting up and maintaining your computer hardware and software and satisfying all hardware and software requirements.
You must complete the online enrollment process to use the Service. The online enrollment process involves completing a secure online application that we will use to verify your identity. You will also choose your Client ID and Password during the enrollment process.
When you enroll for the Service, you agree to provide true and accurate enrollment information. Our Online Banking department will verify the information you submit for accuracy and proper authorizations.
The Online Banking Service will link all of your Eligible Accounts to one Client ID. Eligible Accounts include all accounts where the Tax Identification # you used to register for Online Banking appears on an Account in any of the following ways:
If you want to suppress the online display of a linked account, you may do so within the Online Banking Application.
When any transfer or other Payment Instruction is initiated through the Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you. Requirements for dual signatures on checks do NOT apply to Bill Payments or other transfers initiated through the Service. Any Authorized User must be authorized individually to make electronic transfers and online Bill Payments even though that person's authority to make transfers by other means may still require dual signatures.
Balances shown in your accounts may include deposits subject to verification by us. The balance reflected in the Service may differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cut-off time to be effective the same Business Day.
There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for account transfers.
You cannot cancel a transfer after it has been entered into the system AND the information has been processed and/or transmitted to us through the Service; however, you can edit or change a transfer that is still "pending".
The basic features currently available through the Service include:
We may add or remove certain features and/or functionality from time to time. Some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control.
We will process previously scheduled and recurring transfers at 3:00pm (Central Time) each Business Day. Other account transfers (non-recurring and/or not previously scheduled) are processed on all Business Days that the Federal Reserve is open for business. A Business Day is every Monday through Friday, excluding Federal Reserve holidays.
The stop payment feature within the Service is only for stopping payments on checks that you have written. This feature provides a means to securely forward your stop payment requests to us for processing.
Stop payment requests received through the Service will generally be processed within one (1) to two (2) Business Days. Therefore, if your request is urgent, we recommend that you contact the bank directly via telephone or in person.
There is typically a stop payment fee associated with this feature. Please refer to our fee schedule for additional information or contact us at (918) 272-5301. Additional terms of acceptance or disclosures may apply on the stop payment service and these disclosures will be made at the time you complete the request.
The stop payment feature within the Service should NOT be used to cancel transfers and Bill Payments.
We offer a direct link for check reorders. This link will securely submit your reorder request directly to the check printer. There may be additional fees associated with this service. Fees will be disclosed online through the Service.
You authorize the Bank to stop mail delivery of your paper account statements, and consent to the electronic delivery of your periodic statements and related notices. Statements for all related accounts on a combined statement will only be available online.
You agree that it is your responsibility to examine your online statements and to contact us as soon as possible to report any irregularities or disputes. You may also print or download statements to your computer, without charge. The Bank will provide a printed statement copy upon request, and payment of the current fee.
Your statements will be provided in Adobe Portable Document Format (PDF). To access and retain a PDF file, you need the free Adobe Acrobat Reader (version 4.05 or higher).
Payments made Electronically - When the Service Provider receives a payment instruction for a payment(s) that will be sent electronically, you authorize the Service Provider to charge your transaction account on the selected Due Date and remit funds to the designated payee on your behalf.
Payments made via Paper Check - When the Service Provider receives a payment instruction for a payment(s) that will be sent via a paper check, you authorize the Service Provider to process a paper check containing your transaction account routing number and transaction account number to the designated payee on your behalf. The funds will remain in your transaction account until the check has cleared.
The Service Provider is not responsible for any delays on the part of the recipient, postal service, or applicable delivery methods.
The Due Date is defined as the Business Day you request the Service Provider to process the payment. Although you can enter payment instructions through Online Bill Pay 24 hours a day, 7 days a week (excluding maintenance and other availability windows), payments will only be "processed" on Business Days. If you select a Due Date that is not a Business Day, the payment will be processed on the previous Business Day. If the previous Business Date has already passed, you will need to enter a Business Day in the future.
We will process online bill payments at 3:00pm (Central Time) each Business Day.
Bill payments are limited to $9,999 per payment, $19,999 per day, and other such limitations as to amount and number as may be determined by us from time to time.
The Service Provider will use its best efforts to make all your payments properly. If you follow the procedures described herein, and the Service Provider fails to send a payment according to the payment instructions received, the Service Provider will bear responsibility for all late charges, up to $50.
For Payments Made Electronically - If there are insufficient funds in your transaction account on the Due Date, we will attempt to process the payment again on the next two Business Days. If there are still insufficient funds, the payment transaction may not be completed.
For Payments Made Via Paper Check - Payments will be processed regardless if there are sufficient funds in the transaction account at the time the payment is processed. You will need to make sure funds are in your transaction account at the time the check is presented to avoid fees.
If a transaction is cancelled due to insufficient funds for any reason, you are responsible for checking the status of payments in your account.
We may, at the request of the Biller, provide to the Biller your e-mail address, Service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
In addition, if you elect to activate one of the Bill Payment Service's electronic bill options, you also agree to the following:
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
License Grant and Restrictions
You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the FinanceWorks Service (the "FinanceWorks Service") solely to manage your financial data, and the purchase rewards application ("Purchase Rewards Offers") to benefit from your debit card purchases.
In addition to the FinanceWorks Service and the Purchase Rewards Offers, the terms "FinanceWorks Service" and "Purchase Rewards Offers" also include any other programs, tools, internet-based services, components and any "updates" (for example, Service maintenance, Purchase Rewards information, help content, bug fixes, or maintenance releases, etc.) of the FinanceWorks Service or Purchase Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain FinanceWorks Service and Purchase Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions.
You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks site or from the Purchase Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of the FinanceWorks Service or Purchase Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the FinanceWorks Service, use any tool to enable features or functionalities that are otherwise disabled in the FinanceWorks Service, or decompile, disassemble, or otherwise reverse engineer the FinanceWorks Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the FinanceWorks Service or Purchase Rewards Offers or any services provided in connection with them, prevent access to or the use of the FinanceWorks Service, Purchase Rewards Offers or any or services provided in connection with them by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using the FinanceWorks Service; or (vii) otherwise use the FinanceWorks Service, Purchase Rewards Offers or any services provided in connection with them except as expressly allowed under this Section.
The FinanceWorks Service and Purchase Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.
Your Information and Account Data with Us
You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the FinanceWorks Service, Purchase Rewards Offers or any services provided in connection with them, and your accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the FinanceWorks Service, Purchase Rewards Offers or any services provided in connection with them (collectively, "Account Data"). You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the FinanceWorks Service, Purchase Rewards Offers or any services provided in connection with them (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the FinanceWorks Service, Purchase Rewards Offers or any services provided in connection with them to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us. We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.
Your Information and Account Data with Other Financial Institutions
Our financial management tools allow you to view accounts that you may have outside our financial institution (this is a process called "aggregation"). When you choose to use online financial services which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions. That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, "Financial Account Data"). In giving that consent, you are agreeing that we, or a third party vendor on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (i) as pertains to the use, function, or performance of the services which you have selected; (ii) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (iii) for measuring downloads, acceptance, or use of the services you have selected; (iv) for the security or protection of the services you have selected; (v) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; (vi) to assist us in performing our obligations to you in providing the services you have selected.
If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give us your consent, you will be agreeing to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.
If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you. Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.
Use, Storage and Access
We shall have the right, in our sole discretion and with reasonable notice posted on the FinanceWorks site and/or sent to your email address provided in the Registration Data, to establish or change limits concerning use of the FinanceWorks Service and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through the FinanceWorks Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the FinanceWorks Service in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the FinanceWorks Service and any related services to which such changes relate. Your continued use of the FinanceWorks Service or any related services will constitute your acceptance of and agreement to such changes. Maintenance of the FinanceWorks Service or any related services may be performed from time-to-time resulting in interrupted service, delays or errors in such Service or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
Third Party Services
In connection with your use of the FinanceWorks Service, Purchase Rewards Offers, or any other services provided in connection with them, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.
Third Party Websites
The FinanceWorks Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the FinanceWorks Service, Purchase Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.
You acknowledge that the FinanceWorks Service may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the FinanceWorks Service, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.
Purchase Rewards Offers
If you decide to participate in the Purchase Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
Purchase Rewards. You will earn rewards for your participation in the Purchase Rewards Offers program based on total purchases. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Purchase Rewards Offers deposit account which is associated with the Purchase Rewards Offers program.
Purchase Rewards Offers Account. You must use the debit card associated with the Purchase Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.
Purchases must be made as indicated in the offers made available under the Purchase Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Purchase Rewards offer in order for the purchase to qualify.
While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact the Bank if you believe you have made a qualifying purchase for which you did not receive Rewards.
Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.
You understand and agree that we make no warranties and have no liability as to:
We do not guarantee all features available through Online Banking will also be available through Mobile Banking. In order to use Online Bill Pay via a mobile device, you must first enroll in Online Bill Pay through Online Banking.
We may log your location when using Mobile Banking. Such information may be used by us for marketing purposes, but will not be made publicly available or otherwise shared. Some mobile devices may allow you to disable this feature and block our ability to view your location when using Mobile Banking. Please follow the directions for doing so provided by the manufacturer of your mobile device.
Online statements for your linked checking and savings accounts are provided at no cost. As set forth in our fee schedule, a fee will be charged per statement, per statement mailing cycle for any account available online where you have communicated to the bank you require a paper statement in addition to the available online statement. To request a copy of our current fee schedule, contact us by phone at (918) 272-5301 or by mail at P.O. Box 1800, Owasso, OK 74055.
No charge for the first 15 bill payments per month on each account that has enabled the service. As set forth in our fee schedule, a fee will be charged for each bill payment exceeding 15 per month for each account on which the service is enabled. To request a copy of our current fee schedule, contact us by phone at (918) 272-5301 or by mail at P.O. Box 1800, Owasso, OK 74055.
No charge. Charges you may incur from your mobile carrier for use of the service (e.g., text messaging fees, data usage fees, etc.) are your responsibility alone.
You may use the Service to check the balance of your Eligible Account(s) and to transfer funds among your Eligible Accounts at the Bank. You must have sufficient funds in your account to cover the amount of any online transfers and Bill Payments on the scheduled payment/due date set for the transaction, or the transaction may not be processed. NSF and/or overdraft charges may be incurred if Bill Payments exceed your account balance.
Current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as Money Market and Savings Accounts. For these types of accounts, you may not make more than six (6) pre-authorized electronic transfers, which include computer initiated transfers, telephone transfers, checks, and point-of-sale transactions during a given monthly statement period. Transfers and Bill Payments authorized by personal computer through the Service are counted toward the six permitted monthly transfers. Federal regulations currently place no limits on the number of transfers or Bill Payments from your Checking, therefore the Bank currently limits the Bill Payment Service to only Checking Accounts.
We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Biller, which does not comply with your Payment Instructions, the Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
Provisions Applicable Only to Consumer and Sole Proprietor Deposit Accounts
(A) Errors and Questions
In case of errors or questions about your electronic transactions, refer to the Electronic Funds Transfer disclosure. To request a copy, contact us by phone at (918) 272-5301 or by mail at P.O. Box 1800, Owasso, OK 74055.
(B) Consumer Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Client ID or Password has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum reserve checking line of credit if applicable).
If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.
If your monthly account statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
Provisions Applicable Only To Business Clients
The service allows for the registration of one (1) Authorized User to represent the Business.
(A) Protecting Your Account
The Business represents and warrants that its Authorized User has the appropriate authority to initiate transfers and bill payments through the service.
Business Client authorizes the Bank and its Service Providers to act upon, and you agree to be bound by, any transaction, whether or not authorized, that is initiated with your Client ID and Password. Furthermore, any instructions, directions, or other information provided by the Business Client, will be deemed to have been authorized by the Business Client.
Business Client assumes any and all liability arising from the use or misuse of the Service or company accounts by its Authorized User. Business Client agrees to indemnify and hold harmless the Bank and its Service Providers for any liability and damages resulting from our acting upon any direction, instruction, or information that is initiated with the Client ID and Password of the Authorized User.
You agree that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Bank and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to
We may disable the password of the Authorized User even without receiving such notice from you, if we suspect the password was used in an unauthorized or fraudulent manner.
Business clients shall be solely responsible for the development and implementation of all commercially reasonable procedures to control access to their computer systems and to protect any data files stored thereon. Business customers shall be solely responsible for all appropriate and commercially reasonable, physical, logical, and network security systems and devices to protect the security of data files maintained on computer(s) used to access the service as well as the protection against unauthorized access to business computers, and/or networks used to access the service. Business clients shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the service.
The Bank and its Service Providers shall have no obligation, liability or control, either directly or indirectly concerning the Business Clients' selection of security systems or devices for the protection of any data files or computers used to access the services or over Business Clients development or implementation of security procedures or the failure of Business Client to maintain said procedures.
(B) Commercially Reasonable Security Procedures of the Service
When you accept this agreement and use the Service, you acknowledge and agree that the Service includes security measures which are commercially reasonable. You agree to be bound by our security procedures and instructions, which may be periodically updated. You agree to review and implement all security procedures available in connection with the Service, including procedures to protect the confidentiality of your Client ID and Password. You agree to notify the Bank in the event that your use of the Service would necessitate or be better served by a level of security that exceeds that offered by the Service. If you fail to notify the Bank, you acknowledge and agree that the security aspects of the Service are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
(C) Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:
Telephone us at (918) 272-5301 during customer service hours;
Write us at: P.O. Box 1800, Owasso, OK 74055
(D) Your Liability for Unauthorized Transfers
You must notify us of errors, discrepancies, or possible unauthorized payments as soon as possible upon learning of the discrepancy. If you fail to notify us within sixty (60) days after you have received notice of an unauthorized or erroneous transfer or Bill Payment, the Bank will not owe you any interest on the amount in question, even if we are otherwise liable to you in connection with the transaction.
The Bank and its Service providers shall have no liability to you for any unauthorized payment or transfer made using your Password that occurs before you have notified us of any possible unauthorized use and we have had a reasonable opportunity to act upon that notice.
If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting any such discrepancy against us.
(E) Limitation of Institution Liability
The Bank and its Service Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The Bank and its Service Providers will have no liability for any loss or damage:
If the Bank and/or its Service Providers fail or delay in making a transfer or bill payment pursuant to your instruction, or if we make a transfer or payment in an erroneous amount which is less than the amount per your instruction, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you canceled the instruction.
We may pay such interest either to you or the intended recipient of the payment, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment in an erroneous amount which exceeds the amount per your payment instruction, or if we permit an unauthorized payment after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (60) days interest.
If we become liable to you for interest compensation under this agreement or applicable law, such interest shall be calculated based on the average Federal Funds Rate at the Federal Reserve Bank in the district nearest to the Bank for each day interest is due, computed on the basis of a three hundred sixty five (365) day year.
No third party will have rights or claims against the bank and its service providers under this agreement. The terms of this section will survive termination of this agreement.
Business Client(s) and its Authorized User will defend, indemnify and hold harmless the Bank and its Service Providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from: (i) the processing of any request received by the Bank through the Service, (ii) any breach of the provisions of this Agreement (iii) any request for stop payment; (iv) any dispute between you and any third party in connection with the use of the Service; and (v) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney's fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.
VIII. SERVICE TERMINATION
In the event you wish to discontinue the Service, you must contact the Bank in writing. Written notice of Service discontinuance must be supplied ten (10) days prior to the actual discontinuation date.
The Bank may terminate use of the Service by any individual at any time. Neither termination nor discontinuance shall affect your liability or obligation under this Agreement.
Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Online Banking or Bill Payment activity for a period of six (6) consecutive months, accessibility will automatically terminate.
You agree not to give or make available your online password to any unauthorized individuals. You agree to take adequate measures to guard against unauthorized access to your Online Password. If you believe that your password has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Bank at once by calling (918) 272-5301. You can also contact us by sending a secure message through the Service. We may suspend or cancel your password even without receiving such notice from you, if we suspect your password is being used in an unauthorized or fraudulent manner. Unless otherwise provided in this Agreement or as required by law, you agree to be fully liable for all losses which may arise from unauthorized transactions.
NEITHER THE BANK NOR ITS SERVICE PROVIDERS WILL CONTACT YOU VIA TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, YOUR CLIENT ID, OR YOUR PASSWORD. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE CONTACT US IMMEDIATELY.
IF YOU DISCLOSE YOUR PASSWORD TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE YOUR PASSWORD TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE SERVICE BY THEM (E.G., SUCH AS WHEN YOU PROVIDE THIS INFORMATION TO A JOINT ACCOUNT HOLDER, AN EMPLOYEE, AND/OR AN AGGREGATION SERVICE PROVIDER).
In addition to the security features described above, there may be other security related notices posted on our website or the Service from time-to-time. It is your responsibility to read all security notices.
You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
XI. NO WAIVER
The Bank and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of the Bank and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
XIII. WAIVER OF TRIAL
The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this Agreement.
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by the Bank and/or its Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.
XV. GOVERNING LAW
Accounts and services provided by the Bank may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.
This Agreement shall be governed by and construed in accordance with federal laws and the laws of the State of Oklahoma.