WELCOME
Please review the following User Agreement and Disclosures. At the bottom of the agreement please select the “I Agree” button to continue with the First Time Log On process, or the “I Decline” button to return to the First National Bank home page.
USER AGREEMENT AND DISCLOSURES
Introduction:
Throughout this agreement, “you” and “your” refer to an existing FNB Online Banking customer. “We”, “our”, “us”, and “Bank” refers to FNB Online Banking.
This agreement is in addition to other agreements between you and us, including the applicable deposit account disclosure agreement(s) and terms and conditions, and our rules and regulations, as well as your loan agreements with us. If there is a conflict between the terms and conditions of this Agreement and terms and conditions of any other agreements between you and us, this Agreement will control.
Documentation
Your periodic statement for your respective accounts will reflect all
payments, transfers and/or fees associated with this service.
Hours of Operation
and Daily Processing Deadlines
FNB Online Banking is available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, business days are Monday through Friday, except banking holidays. First National Bank of Livingston has established its business day to end at 2:00pm Monday through Friday. Transfers must be scheduled before the cut-off time of 2:00pm on any business day in order for the transaction to be completed on that business day. Transfers can be completed only on business days. Transactions initiated after 2:00pm on a business day or on a Saturday, Sunday or a banking holiday will be posted on the next business day.
“Log
Off” Security
Our FNB Online Banking service has a “time out” feature for additional protection. When you log into FNB Online Banking and there is no activity on your computer for twenty (20) minutes, you will be automatically logged off the system.
Fees
With FNB Online Banking (Internet Banking), there are no monthly fees or transaction fees for accessing your accounts and using features of the Service with the exception of the placement of stop payments. There is a $10.00 stop payment fee. However, fees disclosed separately to you in connection with your accounts, such as charges for dropping below minimum balance requirements, etc. still apply.
Equipment
You are solely responsible for the equipment you use to access these services. We are not responsible for errors or delays or your inability to access this service caused by your equipment. We are not responsible for the cost of upgrading equipment to stay current with this service nor are we responsible, under any circumstances, for any damages to your equipment or the data resident thereon.
Account Confidentiality
It is our general policy to treat your account information as confidential.
However, we will disclose information to third parties about your account
or transfers you make in the following situations:
- Where it is necessary for completing transactions, or
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
- In order to comply with government agency or court orders, or
- If you give us written permission.
For additional information regarding Account Confidentiality please refer to our Privacy Policy.
Log On Process
First National Bank utilizes a multi-layered security method to authenticate users prior to gaining access to Online Banking. Access IDs, passwords, authentication images, pass phrases and security challenge questions are all a part of the log on process. To access FNB Online Banking through the internet, you must log in for the first time using your Telebanking PIN, or your bank assigned Access ID and Password. If you are using the bank assigned Access ID and Password you will be prompted to change your password after logging in for the first time. This is for your own protection. In addition, we recommend you change your Password regularly to protect the security and privacy of your financial information. We recommend you change your Password immediately if it is compromised.
Access IDs and Passwords should be unique to each user accessing the service. Each signer is responsible for the confidentiality of his or her individual Access ID and Password. Access IDs and Passwords must never be compromised or shared with any other person. Anyone to whom you give your Access ID and Password will have full access to your accounts even if you attempt to limit that person’s authority.
Your Access ID must be unique, and be between 6 and 17 characters in length. These characters can be all letters, all numbers, or a combination of both. Access IDs may be in all upper case, lower case, or a combination of both. For example, “CAT453”, “cat453”, or “Cat453”. Your Access ID is case sensitive, therefore must always be entered exactly as it was established during the First Time Log In process.
Your Password must be between 6 and 12 characters in length, and it must contain at least 1 number and 1 alphabetic character. Your password is case sensitive, which means that upper and lower case letters must be typed exactly as they appear.
MULTI-FACTOR AUTHENTICATION – The first time you logon to FNB Online Banking you will be required to provide information necessary to establish the additional security requirements for multi-factor authentication. Multi-factor authentication is necessary to further enhance your security when using FNB Bank Online Banking, and to comply with current regulatory guidelines. An Authentication Image will be randomly selected for you during the enrollment process. You will also be requested to select an Authentication Pass Phrase. Both the image and pass phrase will be displayed to you in the future after you enter your Access ID. You should review the image and pass phrase that is displayed to ensure you are connected to the authentic FNB Online Banking site before entering your Password. (Note: A pass phrase is simply a word or phrase that you can easily remember and associate with online banking. We recommend you NOT use your Access ID or Password for this Pass Phrase.) If signing on to FNB Online Banking and the image and/or pass phrase do not match your selections during enrollment, do NOT enter your Password. Contact the Bank for further instructions.
You will also be asked to select a series of challenge questions with your own responses. These can be used in the future to authenticate your sign on, if you are accessing the system from a different computer than you typically use.
Transfers
Transfers can be completed as follows: Checking to Checking, Checking
to Savings, Savings to Checking, Savings to Savings, Checking to Loans,
Savings to Loans.
Your ability to make transfers from your savings accounts and money market deposit accounts is restricted by Federal Regulations. For each of your savings accounts and money market accounts you are prohibited from making more than six preauthorized transfers per month; no more than three of which may be written to third parties, such as checks or ACH transfers.
Preauthorized withdrawals include transfers made through Internet Banking. The following transfers do not count towards your limit: transfers made by mail, messenger, ATM, or in person or withdrawals authorized by you by telephone or online, if the funds are mailed to you by check.
Stop Payment
Requests
The Bank must receive all stop payment requests in such time and manner
as to afford the bank a reasonable opportunity to act on it. If the Bank,
prior to accepting the stop payment order has received the item, the Bank
would not be held liable. The stop payment order will be invalid and the
Bank will refund the fee. A stop payment order will automatically expire
six (6) months after receipt unless the customer renews it by completing
a new stop payment order. Only an authorized signer on the account can
cancel a stop payment order prior to the automatic expiration date.
A stop payment order is required to be in writing and signed by the customer
in order to be effective. According to the Uniform Electronic Transfer
Act (2001), a typed name or PIN is intended to meet the signature requirements
of TxB&CC Sec. 4.403(b) in regard to placing a stop payment order.
Your logon to FNB Online Banking satisfies the signature requirement.
Additionally, a stop payment for ACH items (items received electronically) requires completion of an Affidavit of Unauthorized ACH Debit Activity. Upon receipt of the stop payment order for an ACH item, you will be mailed the Affidavit of Unauthorized Debit Activity to complete and return. If we do not receive the completed form within 14 days of the stop payment order, the stop payment will be deleted.
There is a $10.00 fee for each Online Banking stop payment request. The fee will be charged automatically to the customer’s account the same day the stop payment is placed on the system.
Statements
Online
By completing and returning the First National Bank Statements Online
Agreement, you are electing to receive your monthly or quarterly account
statement(s) electronically via First National Bank’s Online Banking
System instead of by mail. Statements are processed and published on the
Online Banking System on your regular statement processing day. We will
send you an e-mail the morning after your statement is processed notifying
you that your statement is available for viewing. You will be required
to use your Access ID and Password to gain access to the secure Online
Banking System before you can view, print, save or archive your account
information.
Please notify us in person, by telephone, or in writing at the address and telephone number provided below if you:
- Require a paper copy of your account statement. It will be provided at no cost.
- Have changed your e-mail address.
- Elect to stop the Statements Online service and request that we mail your account statement(s).
First National Bank
of Livingston
Attn: Central Operations
P. O. Box 671
Livingston, TX 77351-0671
1-936-327-1234
1-800-324-9279 (Toll Free)
Notice of
Your Rights and Responsibilities
Security of your transactions is important to us. Use of FNB Online Banking
services therefore requires a Access ID and password. If you lose or forget
your Access ID, please call Customer Service at 936-327-1234, 7:30am to
5:30pm CST Monday through Friday.
We may accept, as authentic, any instructions given to us through the use of your Access ID or password. You agree to keep your Access ID and password secret and to notify us immediately if your Access ID or password is lost or stolen or if you believe someone else has discovered your Access ID or password. You agree that if you give your password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use FNB Online Banking services. Do not discuss, compare, or share information about your account number(s) with anyone unless you are willing to give him or her full use of your money. If you furnish your password and grant actual authority to make transfers to another person (a family member or co-worker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized. FNB Online Banking enables you to change your password; we require that you do so regularly. We may be liable for certain security breaches to the extent required by applicable law and regulation.
We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. Please note that we reserve the right to but are not obligated to 1) monitor and/or record all communications and activity related to FNB Online Banking services; and 2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your Access ID or password was used in connection with a particular transaction. If any unauthorized use of your Access ID or password occurs, you agree to 1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and 2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN ACCESS IDS OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
Tell us AT ONCE if you believe your Access ID or password has been lost or stolen. Telephoning us 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). If you tell us within 2 business days, you can lose no more than $50. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Access ID or password, and we can prove that we could have stopped someone from using your Access ID or password without your permission if you had told us, you could lose as much as $500.
Also, if your periodic statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Access ID or password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed below.
Errors and
Questions
In case of questions or errors about account transfers made through FNB
Online Banking involving a First National Bank of Livingston account,
you should do one of the following as soon as you can:
- Telephone us during normal customer service hours at 936-327-1234, 7:30am to 5:30pm CST Monday through Friday.
- Write us at:
First National Bank of Livingston
Attn: Central Operations
P.O. Box 671
Livingston, TX 77351-0671
We must hear from you no later than sixty (60) days after we have sent you the FIRST statement on which the problem or error appeared. Please include the following information about the problem:
- Tell us your name and account number.
- 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.
- 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 tell you the results of our investigation within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days for the amount you think is in error, so that you 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 ten (10) business days, we may not re-credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of the documents that we use in our investigation.
Liability
of Bank
If we do not complete a transfer to or from your First National Bank 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 for which we will not be liable:
- If, through no fault of ours, your account does not contain enough available funds to complete the transfer,
- If your account is legally subject to some legal process, right of set-off, or encumbrance, or if the funds in your account are not immediately available for completing transactions,
- If the transfer would go over the credit limit on your overdraft line,
- If you, or anyone you allow, commits any fraud or violates any law or regulation,
- If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly,
- If you have not properly followed the instructions for using FNB Online Banking,
- If circumstances beyond our control (such as fire, flood, or improper transmission) prevent the transaction, despite reasonable precautions taken by us,
- If FNB Online Banking was not working properly, and you were aware of the malfunction when you began the transaction or
- If the FNB Online Banking system is temporarily unavailable due to maintenance, security reasons, or other exceptions not specifically mentioned herein.
LIMITATION
OF LIABLIITY; INDEMNIFICATION; ARBITRATION
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS AGREEMENT,
WE SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE SERVICES AS EXPRESSLY
PROVIDED FOR IN THESE TERMS AND CONDITIONS.
WE SHALL BE LIABLE ONLY FOR LOSSES WHICH ARE THE DIRECT RESULT OF OUR OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT IN PERFORMING THESE SERVICES. WE SHALL HAVE NO LIABILITY FOR FAILURE TO PERFORM ANY SERVICES OR FOR ANY DISRUPTION OR DELAY IN PERFORMING SERVICES IN THE EVENT SUCH FAILURE, DISRUPTION OR DELAY IS DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, FAILURE OR DISRUPTION OF ELECTRICAL POWER, COMPUTER EQUIPMENT, TELECOMMUNICATION SYSTEMS, YOUR INTERNET SERVICE PROVIDER, OR WEATHER CONDITIONS. WE SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES, OR INDIRECT LOSS UNDER ANY CIRCUMSTANCES.
UNLESS OTHERWISE REQUIRED BY LAW OR SPECIFICALLY PROVIDED FOR IN THIS AGREEMENT, YOU AGREE THAT NEITHER WE NOR THE SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY HARM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, AND ECONOMIC DAMAGES, RESULTING IN ANY WAY FROM THE INSTALLATION, OPERATION OR MAINTENANCE OF OUR EQUIPMENT OR SOFTWARE, OR INTERNET BROWSER OR ACCESS SOFTWARE. NOR SHALL WE OR THE SERVICE PROVIDERS BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY HARM, WHETHER CAUSED BY FIRST NATIONAL BANK OF LIVINGSTON, ITS EQUIPMENT OR SOFTWARE, OR BY INTERNET ACCESS OR BROWSER PROVIDERS, OR BY ONLINE SERVICE PROVIDERS, OR ANY AGENT OR SUBCONTRACTOR OF ANY OF THE AFOREMENTIONED PARTIES.
EXCEPT TO THE EXTENT THAT WE ARE LIABLE UNDER THESE TERMS AND CONDITIONS, YOU AGREE TO INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM ALL CLAIMS, DEMANDS, JUDGMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF THESE SERVICES. YOU AGREE THAT THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS.
Waiver
The Bank shall not be deemed to have waived any of its rights or remedies
hereunder unless such waiver is in writing and signed by the Bank. No
delay or omission on the part of the Bank in exercising any rights or
remedies shall operate as a waiver of such rights and 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.
Amendments
We can change a term or condition of this Agreement by mailing or delivering
to you a written notice at least thirty (30) days before the effective
date of any change. We do not need to provide you with any prior notice
where an immediate change in the terms or conditions of this Agreement
is necessary to maintain and restore the security of our system or an
account. However, even in these cases, if the change is to be made permanent,
we will provide you with a notice of the change with the next regularly
scheduled periodic statement that we send you, or within thirty (30) days,
unless disclosure would jeopardize the security of our system or an account.
Notices mailed or delivered to you under this paragraph will be considered
effective if mailed to the most recent address we show for you in either
Checking or Savings Accounts records.
Assignment
You may not assign your rights or duties under this agreement.
Termination
If you want to terminate your access to FNB Online Banking services, please
call Customer Service at 936-327-1234, 7:30am to 5:30pm CST Monday through
Friday. After receipt of your call, we will send a written termination
authorization for your signature and return to us. We reserve the right
to terminate this service, in whole or in part, at any time with or without
cause and without prior written notice. In that event, or in the event
that you give us a termination notice, we may (but are not obligated to)
immediately discontinue making previously authorized transfers, including
recurring transfers and other transfers that were previously authorized
but not yet made. We also reserve the right to temporarily suspend this
service in situations deemed appropriate by us, in our sole and absolute
discretion, including when we believe a breach of the system security
has occurred or is being attempted. We may consider repeated incorrect
attempts to enter your Access ID or password as an indication of an attempted
security breach. Termination of this service does not affect your obligations
under this Agreement with respect to occurrences before termination or
cooperation after termination.
Governing
Law
The laws of the State of Texas shall govern this Agreement and all transactions
hereunder, without giving effect to any conflicts of laws, rules or principles
that might result in the application of the laws of another jurisdiction.
You agree that you have reviewed this Agreement, understand the terms
and conditions set forth herein, and agree to be bound hereby.
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