First Freedom Bank | Online Banking Agreement
This is the Agreement for your Online Banking Services with First Freedom Bank and it includes certain disclosures for electronic fund transfers. This Agreement states the terms and conditions that apply when you use Online Banking Services.
You understand that the terms and conditions set forth below are in addition to those that apply to any other account(s) that you have with us or any other service you thereafter obtain from us. You further understand that any additional instructions and procedures applicable to First Freedom Bank Online Banking services covered by this Agreement provided by us must also be followed.
This Agreement is also subject to applicable federal laws and the laws of the State of Tennessee (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and First Freedom Bank's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.
"We", "us", and "our" mean First Freedom Bank. "You" and "your" means each person who establishes Online Banking Services ("the Services) with us or who uses or is authorized to use an Access ID and Password or other means of access which we establish or approve. The term "Online Banking" refers to our service that allows you to transfer funds, access accounts, obtain information, and perform other transactions over the Internet, including our E Bill Pay service. "E Bill Pay or "Bill Payment means the optional function of our service that allows you to direct payments from your designated E Bill Pay checking account to third parties you wish to pay. "Business Day means Monday through Friday. Time of day references when using our Online Banking or E Bill Pay services are Central Standard Time or Central Daylight Time, as applicable.
When you use our Services or you permit another person to use our Service, you agree to the terms and conditions we have set out in this Agreement and any instructional material that we provide you regarding the Services.
Access to Services:
Our Services are for authorized use by First Freedom Bank customers only. Attempted unauthorized access is a violation of federal law and will be prosecuted to the full extent of the law.
You must have at least one eligible personal deposit, loan, or other account type with us. You may not designate any account that requires more than one signature for withdrawals. You must be the owner of this account (or accounts). Your account(s) with us must be in good standing. For E Bill Pay services, you must have a checking account that will be designated as the account from which bill payments will be made.
You, or someone you have authorized by giving them your Access ID, can instruct us to provide information or to perform transactions on any of your accounts for which you have enrolled for Online Banking services including:
- Account Information “ information, including transaction history, about your accounts.
- Funds Transfer “ make transfers between your accounts.
- Bill Payment (Optional) “ make current, future and recurring payments from an eligible personal First Freedom Bank checking account. See E Bill Pay section below.
- Download Transactions “ download information into spreadsheets or certain personal finance software products.
- Other Services “ obtain other services or perform other transactions that we may authorize.
Access ID and Password:
To access our Services you must use the Access ID and/or other means we establish or provide for your Online Banking customer account, together with a password which we initially provide. All Online Banking transactions or inquires must be initiated by use of your Access ID & Password. We will assign you an ID and temporary Password after we have accepted your application. The first time you sign on to Online Banking, you will be required to select a new Password. You will be required to change your Password from time to time. It is recommended that you do not use your social security number, birthdays, names, dictionary words or other codes that may be easy for others to guess as your Password. No Bank employee will ever call you or email you to ask you for your Password, nor should you provide it to anyone unless you intend to allow that person access to your accounts. YOU AGREE TO KEEP YOUR ACCESS ID AND PASSWORD CONFIDENTIAL. USE OF THE ACCESS ID AND PASSWORD BY YOU OR BY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH ONLINE BANKING. You agree that any Online Banking request initiated by use of your Access ID and Password will be subject to and governed by this Agreement. Sharing of your Access ID and Password is done at your sole risk and peril. If a third party should gain access to your Access ID and Password, you alone are responsible for changing the Password so as to deny the third party's access to your banking information. Because these transactions are executed electronically, we shall have no liability to you in the event a third party should gain access to your Access ID and/or Password through no fault of the Bank.
Any information downloaded by you to your financial or other software becomes your property and responsibility.
You are responsible for the operation and maintenance of your computer and software. First Freedom Bank is not responsible for any errors or problems related to your computer hardware, software, or Internet access, for fees assessed by your telephone company, Internet service provider, or any other outside party.
Lost or Stolen Access ID, Password, or Unauthorized Access:
Tell us AT ONCE if you believe your First Freedom Bank Online Banking Access ID and/or Password or other means of access has been lost or stolen or you believe an unauthorized person is accessing your account(s) through Online Banking. Telephoning us (615-444-1280) is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit).
To the extent that a transaction is an electronic fund transfer, you can lose no more than $50 if you tell us within 2 business days of discovering any unauthorized use of your Access ID and/or Password. However, if you do NOT tell us within 2 business days after you learn of the unauthorized use, and we can prove we could have stopped the unauthorized use if you had told us, you could lose as much as $500.
Incorrect Transactions on Your Statement:
In case of error or questions about your electronic transfers, notify us by calling (615) 444-1280, as soon as you can.
We must hear from you no later that sixty (60) days after we have sent you the FIRST statement on which the error or problem appeared. If you do not report unauthorized transactions made after the statement(s) are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the sixty (60) day period which would not have been lost if we had been notified in time. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information: a. Tell us your name and account number. b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. c. Tell us the dollar amount of the suspected error. d. If the suspected error relates to a bill payment made via the E Bill Pay function, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question.
For suspected deposit account errors, we will investigate your complaint and will correct any error promptly. If we take more than ten (10) business days (twenty (20) business days for new accounts (accounts open for thirty (30) days or less)) to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.
For suspected loan transaction errors, you do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question.
Transfer and Payment Limits:
You must have enough available collected funds or credit in any account from which you instruct us to make a payment or transfer. If the date you schedule a payment to be made is not a Business Day, funds must be available in your account the following Business Day. Bill payments will be debited from your account on the date you schedule the payment (or the next Business Day, if applicable).
Bill payments and transfers must be payable in U.S. dollars to a payee located in the United States. You can use E Bill Pay to pay anyone except Government Agencies. We reserve the right to restrict types of payees to whom payment may be made using the service from time to time. You should not use the E Bill Pay service to make payments to settle securities purchase, tax payments, or court order payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
If any of your qualifying accounts are money market or savings accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than six (6) in any specified period. You agreed to the "Terms and Conditions of Your Deposit Account that you received when you opened your deposit account. Please refer to those terms and for more information on applicable transaction limits. You may request another disclosure of these from the bank at any time.
Bill Payment Deadlines:
You must schedule a bill payment AT LEAST five (5) business days prior to the payee's due date for check payments to allow for proper and timely posting to your payee account. This means you must schedule the payment dateAT LEAST five (5) business days prior to the due date. A business day is Monday through Friday, excluding holidays.
Payments can be entered, edited, or deleted Sunday through Thursday until 12:00 Midnight, Central Time, the day before the scheduled payment date.
Bill Payment "Stop Payments:
If you wish to stop payment on a Bill Payment you must delete the payment from the E Bill Pay system before 12:00 Midnight, Central Time, Sunday through Thursday, the day before the scheduled payment date.
Bill Payment Risk Reduction Measures:
We, or our agent, may, in our discretions, implement features to reduce credit risks. These may include, but are not limited to, pre-authorized drafts for business customers, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until good funds are received.
Bill Payments and Transfers “ Your Responsibility:
You are responsible for all transfers and bill payments you authorize using the Services. If you permit other persons to use E Bill Pay services or your Access ID and password, you are responsible for all transactions they authorize from your linked eligible accounts. You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you have given someone your Access ID and password and want to terminate that person's authority, you must change your password to prevent further access by such person.
You are responsible for having sufficient funds in your account(s). You are liable for our standard fees associated with overdrafts in your account or for insufficient funds (NSF's). If your account does not have sufficient funds to make a payment as of the scheduled date, the payment will be canceled and no further attempt will be made by us or our agent to complete the payment. You are responsible for making alternative arrangements for the payment or for rescheduling the payment through the Service. In the case of recurring payments, only the current scheduled payment will be cancelled. Payments scheduled for future dates will not be affected. In the event you have sufficient funds to make some, but not all scheduled payments, we or our agent may, in our sole discretion, determine which payments to complete.
You agree that when any transfer, bill payment, or other transaction is generated by the services, we may debit your designated account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you.
Bill Payment and Transfers “ Our Responsibility for Completing:
If we, or a third party acting as our agent, do not complete a payment or transfer to or from your account on time or in the correct amount according to our agreement with you when you have properly instructed us to do so, we may be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have sufficient collected funds in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
- If any payment or transfer would go over the credit limit of any account.
- If your equipment or ours was not working properly and you knew about the breakdown when you attempted to conduct the transaction.
- If you have not given us complete, correct or current account numbers, other identifying information, or instructions so that we can properly credit your account or otherwise complete the transaction.
- If you fail to properly follow our instructions, including all on-screen instructions, or if you provide us with wrong or inaccurate information or fail to correct or tell us about an inaccuracy of which you are aware.
- If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it's due as described in the Payment Deadlines section.
- If a timely bill payment is made but the payee nevertheless does not credit your account promptly after receipt.
- If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim that restricts access to the funds.
- If your account is closed or frozen.
- If we or our agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed.
- If you, or anyone authorized by you, commits fraud or violates any law or regulation.
- If circumstances or persons beyond our or our agent's control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, computer failure, telecommunications breakdowns or interruptions, labor disputes, delays caused by payees, interruption of service by ATM or other payment networks, fires, floods, and other natural disasters.
Our liability to reimburse payee-imposed late fees, provided the payment was scheduled and made in accordance with the above requirements, shall not exceed $50. We may attempt on your behalf to have a late fee reversed or waived. We have no liability for late fees for payments not initiated following the instructions defined in this agreement or provided in other instructional materials regarding E Bill Pay services.
In no event shall we be liable for damages that exceed your actual loss due to our failure to complete a transfer, and we shall not be liable for any indirect, incidental, or consequential damages.
Disclosure of Account Information and Transfers:
Refer to First Freedom Bank Privacy Notice elsewhere on our website.
Payments made electronically over an automated clearinghouse system ("ACH) are governed by the rules and performance standards of the network as promulgated by the National Automated Clearing House Association (NACHA) as they may currently exist and as they may be amended from time to time.
You will be mailed periodic statements for your accounts(s) as regularly provided for in the depositor or credit agreement applicable to your accounts. Your statement will reflect any transfers or bill payments you authorize using the Services. You will not receive a separate Online Banking or E Bill Pay statement.
Business Days and Hours of Operations:
First Freedom Bank Online Banking Services are generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Transfers made after 7:00 P.M. CST will be processed the next business day. Holidays are not business days.
Changes/Interruptions in Service:
We may periodically do maintenance on our equipment or system that may result in a temporary interruption of service or errors in the Service. We may also change the scope of our Services from time to time. We will attempt to provide prior notice of such changes/interruptions but cannot guarantee that such notice will be provided.
Once you are an enrolled user of Online Banking and/or E Bill Pay services, you agree to the terms and conditions of this account including any schedule of charges that may be imposed. You shall be subject to any future changes and fees after 30 days prior notice. You authorize us to automatically deduct all applicable charges and fees from your primary checking (and other applicable) account(s) with us.
Important Note for Non-Personal Account Holders:
The loss, theft, or unauthorized use of your Access ID and Password could cause you to lose all of the money in your account, plus any amount available under your overdraft protection credit line or other credit lines linked to your deposit account utilized for bill payments, transfers, or cash management services (separate agreement required for cash management services). YOUR USE OF THE SERVICES UNDER A NON-PERSONAL DEPOSIT ACCOUNT IS YOUR AGREEMENT TO ASSUME ALL RISKS AND LOSSES ASSOCIATED WITH THE DISCLOSURE OF YOUR ACCESS ID AND PASSWORD TO YOUR EMPLOYEES, OR OTHER PERSONS. YOU AGREE TO LIMIT THE DISCLOSURE OF YOUR ACCESS ID AND PASSWORD TO THOSE EMPLOYEES AND OTHER PERSONS YOU AUTHORIZED TO USE THE SERVICES.
In order to maintain secure communications and reduce fraud, you agree to protect the security of your Access ID and Password. We reserve the right to block access to the Services if we reasonably believe the confidentiality of your Access ID and Password may have been compromised and/or that they may be being used by an unauthorized person. We also may require you to utilize Internet browser software meeting certain minimum-security requirements in order to access our Services.
If any provision of this agreement is held invalid, illegal, or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired thereby.
We may terminate this agreement and any Services provided hereunder at any time you have enrolled for Services including; without notice if we reasonably believe you are violating any of the terms and conditions of this agreement. Otherwise, either you or we may terminate this agreement and any Service provided hereunder at any time by giving at least five (5) business days prior written notice of termination to the other party. If you terminate a transfer or Bill Pay Service, you authorize us to continue making transfers, payments, and other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice. Once we have acted on your notice, we have no responsibility to make any transfers, bill payments or other transactions you may have previously authorized.
Disclaimer of Warranty and Limitation of Liability:
You agree that our liability for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site shall be limited to replacing, or the reasonable cost of replacing, any lost information, software, or other material.
You agree that each party shall bear the liability or the risk of any error or loss of data, information, transactions or other losses that may be due to the failure of their respective computer system or third party communications provider on which each party may rely.
We shall have no liability to you for any damage or other loss, direct, indirect, incidental, or consequential, that you may incur from such viruses, worms, Trojan horses, or other similar harmful components or by reason of your use of your computer system or your communications provider.
We shall not be liable for any losses resulting from circumstances over which we have no direct control, including, but not limited to, the failure of electronic or mechanical equipment or communications lines, telephone or other interconnect problems, operator errors, log-in sequences, severe weather, earthquakes, floods, and other such events. You acknowledge that there are alternative methods for accessing the information and conducting the transactions provided by the Services, such as in person transactions at a First Freedom Bank Office, by phone, or payment by check. In the event you experience problems in accessing the Services, you will attempt to access such information and conduct such transactions by such alternative methods.
There may be other exceptions to our liability as stated in your Depositor Agreement or other agreements you have with us.
We may amend this agreement by giving notice to you at least thirty (30) days prior to the effective date of the amendment, unless law or applicable regulation otherwise requires such amendment. We may give notice by any one or more of the following methods: By sending notice by first-class mail or electronic mail at the address shown on our records, by placing a statement message on the statement for any of your account(s) or by posting a notice on our Internet site. You will be deemed to have received any notice by electronic mail three (3) calendar days after it is sent. Your continued use of the Service is your agreement to the amendment(s).
We may from time to time waive fees and/or other terms or provisions of this agreement, but any such waiver shall not be deemed a waiver of the term or provision in the future.
This agreement is the entire agreement between you and us pertaining to the Services and supercedes any marketing or other material delivered to you in writing, verbally, or obtained at our Internet site.
By clicking on "I Accept below, you acknowledge that you have read, understand and agree to the above provisions. Your signature(s) on the Online Banking/E Bill Pay Enrollment Form will validate you have read and agree to the above provisions and are enrolling for the services selected on the form.
Prior to accepting you may PRINT the appropriate form(s).
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