This Agreement and Disclosure describes your rights and obligations as a user of the Online Banking service or the Bill Payment service (Services). It is also a statement of the Bank's rights and obligations as a provider of electronic fund transfer services. By requesting and using one of the Services, you agree to comply with the terms and conditions of this Agreement. Please read the following information and keep it for future reference.
CONSUMER'S OBLIGATIONS
Definitions: The following definitions apply in this Agreement. Online Banking is the Internet-based service providing access to your First Citizens National Bank account(s); "Online Account" means any First Citizens account from which you will be conducting transactions using a Service, and "Password" is the code you will create at the time you register your accounts for Online Banking access.
First Citizens National Bank will provide instructions on how to use the Online Banking service or Bill Payment service. You will gain access to your account(s) through the use of your Internet-enabled device, your Internet Service Provider, your User Identification (User ID) and your Password. In addition, the Password protects you against unauthorized users of these services. You agree not to let anyone gain access to Service or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions up to the limits allowed by applicable law. Remember that knowledge of your Password by an unauthorized party welcomes the unauthorized use of these services. If you tell anyone else your Password and they use these services, the Bank may not be held responsible.
If you believe that someone has gained knowledge of your Password; or that someone has transferred or may transfer money from your account without your permission, please notify the Bank immediately. Prompt telephoning is the best way to keep possible losses to a minimum. You could lose all the money in your account if you fail to exercise your rights within the limits set forth in this Agreement.
If you tell us within two business days of learning of the theft or loss of your Password, you can lose no more than $50.00 if someone uses these services. However, if you do not notify us within those two (2) business days and the Bank discovers we could have prevented the person from using these services without your permission if you had told us, you could lose as much as $500.00.
Also, please notify the Bank immediately if your monthly statement shows transfers you did not make. If you do not notify us within sixty (60) days after the statement was mailed to you, you may not be able to recover any losses that occurred after this notification period. This would prove true in an instance where the Bank might determine that we could have stopped someone from taking the money had you informed us in time.
If a good reason (such as a long trip or hospital stay) prevents you from notifying us, we will extend the time period accordingly.
TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED
If you believe that someone has gained knowledge of your Password; or if you suspect that someone has transferred money from any of your accounts without your permission, call:
(731) 288-4584
(877) 809-4890
or write
First Citizens National Bank
Electronic Service Center
P.O. Box 370
Dyersburg, TN 38025-0370
FIRST CITIZENS' BUSINESS DAYS
Some of your rights and obligations under Federal Law are based on actions taken within a specified number of business days. Our business days are Monday through Friday. Holidays are not included.
TYPES OF AVAILABLE TRANSACTIONS WITH ONLINE BANKING
In addition to viewing account information, you may use Online Banking to transfer funds between your checking accounts, savings accounts, and First Rate Accounts. The following transaction limitations apply:
On Regular Savings and First Time Savings Accounts, you are permitted 6 withdrawals and transfers per quarter in any combination. If you exceed the 6 allowed withdrawals or transfers, there will be a $2.50 service charge for each additional withdrawal or transfer paid in excess of 6. You are permitted unlimited ATM withdrawals and transfers with “The Check Connection VISA Check Card”. ATM transactions are excluded from the transactions limitations and are not subject to the service charge for exceeding those limits. Point of sale transactions are not allowed on savings accounts.
With a First Rate Account you are permitted 6 withdrawals (checks) or transfers per month in any combination. If you exceed the 6 allowed withdrawals (checks) or transfers, there will be a $5.00 service charge for each additional withdrawal or transfer paid in excess of 6. You are permitted unlimited ATM withdrawals and transfers with “The Check Connection VISA Check Card”. Point of sale transactions are not allowed on a First Rate Account.
For Regular Savings Accounts, First Time Savers Accounts and First Rate Accounts, current regulatory rules limit the number of preauthorized transfers and preauthorized transfers to a third party, to 6 per month. Exceeding this limitation could result in the reclassification of your account. Examples of a third party transfer would be a preauthorized debit for payment of an insurance premium or a request to wire transfer funds. Examples of a preauthorized transfer would be an Online Banking transfer of funds, a First Connection transfer of funds or an automated transfer of funds to cover an overdraft in a Demand Deposit Account.
ELECTRONIC MAIL
If you send First Citizens National Bank an electronic mail message after regular business hours, First Citizens National Bank will be deemed to have received it on the following business day. First Citizens National Bank will have a reasonable time to act on your electronic mail message and generally will be on the same business day of receipt.
You should not rely on electronic mail if you need to communicate with First Citizens National Bank immediately - for example, if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.
You agree that First Citizens National Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by First Citizens National Bank shall be considered received within three (3) days of the date sent by First Citizens National Bank, regardless of whether or not you sign on to the Service within that time frame.
OTHER AGREEMENTS
In addition to this Agreement, you and First Citizens National Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking service or the Bill Payment service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you opened your accounts at First Citizens National Bank including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct the fees related to this Service from your Bill Pay Account each month.
HOURS OF OPERATION
The services are available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, First Citizens National Bank's business days are Monday through Friday. Saturday, Sunday and holidays are not included. All Online Banking transfer requests received after 5:00 p.m. on a business day and all transactions that are requested on Saturdays, Sundays, or holidays, will be processed on the next business day.
MODIFICATIONS TO THIS AGREEMENT
First Citizens National Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice on the modifications to you at the address shown on our account records and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
PREAUTHORIZED TRANSFERS
If you have made arrangements with us or someone else to automatically charge your account on a regular basis and if the payment may vary in amount, the person you are going to pay is required to notify you in writing at least (10) days in advance of the new payment amount and date of payment. You may choose instead to get this notice only when the payment varies more than a certain amount from the previous payments or falls outside certain limitations that you set. Examples of this type payment are automatic mortgage payments, insurance payments, etc., if the payment is made without the use of a paper draft.
OBLIGATIONS OF FIRST CITIZENS NATIONAL BANK
If we do not complete a transfer to or from your account on time or in the correct amount, according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions in which we will not be liable, for instance:
- If through no fault of ours, you do not have enough money in your account to make the transfer;
- If you are attempting to draw against deposits of checks, drafts, or other non-cash items that have not yet been collected and you have been notified of the delayed availability of these items;
- If you are attempting to draw against funds deposited in THE CONNECTION (ATM) before the amount of your deposit has been manually verified by us and credited to your account;
- If the automated teller machine where you are making the transfer does not have enough cash;
- If the automated teller machine was not working properly and you knew about the breakdown when you started the transfer;
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we may have taken;
- If the funds in the account have been offset by First Citizens National Bank in payment of a delinquent loan, etc. or if the funds have been attached or otherwise proceeded against as a result of a lawsuit that someone has brought against you or against a joint depositor on your account.
- If you have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
- If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
- If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer and we will not be liable for any incidental or consequential damages.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transfers or
- In order to comply with a government agency or court orders or
- If you give us your written permission
INACTIVITY; TERMINATION
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your electronic banking privileges (including Bill Payment service) under this Agreement without notice to you if you do not pay any fee required by this Agreement when due or if you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.
If you are NOT paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transactions scheduled through the Service during any consecutive 90-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.
To cancel the Online Banking and/or Bill Payment service, you must notify First Citizens National Bank and provide your name; address; whether you are discontinuing Online Banking, Bill Payment or both; and the effective date to stop the service. When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. You may notify First Citizens National Bank as follows:
(731) 288-4584
(877) 809-4890
or write
First Citizens National Bank
Electronic Service Center
P.O. Box 370
Dyersburg, TN 38025-0370
FEE SCHEDULE
First Citizens National Bank offers the benefits and convenience of the Online Banking service at no charge. Bill Payment Service is offered to our Personal Accounts at no charge for the first 90 days. After 90 days there will be no charge as long as you initiate at least one bill payment per month. Any month in which you do not initiate at least one bill payment your account will be charged $4.99 for that month.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS, PLEASE CALL
(731) 288-4584
(877) 809-4890
or write
First Citizens National Bank
Electronic Service Center
P.O. Box 370
Dyersburg, TN 38025-0370
as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. Please furnish us with the following information:
- Tell us your name and account number;
- Describe the error or transfer you are unsure about, and explain why you believe there is an error or why you need more information:
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for point of sale or foreign-initiated transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. We will tell you the results within three business days after completing our investigation. We will send you a written explanation of the results of our investigations and you may ask for copies of the documents that we utilized in making our decision.
Revised 6/19/2009
