Online Banking and Online Bill Pay User Agreement
- Introduction to Online Banking
- Terms and Conditions
- Trademark and Copyright
- Warranty Disclaimer
- Liability Disclaimer
- Linked Third Party Websites Disclaimer
- Conditions of Communication
- Accessing Your Accounts Online
- Online Bill Pay
- What is Online Bill Pay
- Who Can Use Online Bill Pay
- Using Online Bill Pay
- Scheduling Online Bill Payments
- Stopping or Changing Online Bill Payments
- Your Responsibilities
- Online Bill Pay Fees
- Joint Ownership
- General Terms and Disclosures
- Product and Service Disclosure
- Funds Availability
- Error Notification, Correction and Resolution
- Types of Transfers; Limitations
- Federal E-SIGN Act Disclosures and Consent
|Introduction to Online Banking|
|Agreement Definitions||The terms "we," "us," "our," and "the Bank" refers to First Montana Bank. "You" refers to each signer on an account. The term "business day" shall mean every day except Saturdays, Sundays and Federal holidays. The term "Agreement" refers to the First Montana Bank User Agreement. The terms "Site" or "Online Banking" refers to First Montana Bank's Online Banking transactional access website. Your account Terms and Conditions, and supplemental disclosures you received upon opening your existing accounts continues to govern each of your accounts.|
|Online Banking||This Agreement for accessing your accounts via Online Banking explains the terms and conditions that govern, regulate and protect the integrity of data which electronically transacts services between you and First Montana Bank. Accounts that may be accessed via Online Banking include only accounts held and maintained at First Montana Bank.|
|Venue||You agree that Montana state law and applicable Federal regulation and law shall govern your use of the First Montana Bank website, Online Banking site, and all transactions between you and First Montana Bank. You agree that jurisdiction and venue shall be located in Montana. First Montana Bank reserves the right to determine eligibility for any product or service.|
|Terms and Conditions|
The following terms and conditions apply to your access to and use of the First Montana Bank Online Banking site. By accessing any page of our site, you agree to be bound by these terms and conditions. First Montana Bank reserves the right to revise these terms and conditions, without prior notification, at any time.
If you purposefully harm the First Montana Bank website or Online Banking site with malicious intent such as hacking, phishing or attempting to access unauthorized areas or intentionally attempt to harm the site with a virus, we reserve the right to pursue, prosecuting you to the fullest extent of the law.
First Montana Bank is not responsible if you download a file from the our website or the Online Banking site that includes a virus.
All other fees, as applicable and described in your Account Terms and Conditions disclosures, will be charged to you as normally applied. Be advised that message and data fees or other fees may be assessed and charged to by your online service provider for time spent on Online Banking, via Internet access.
|Trademark||First Montana Bank, First National Bank of Montana, and the First Montana Bank and First National Bank logos are registered trademarks. Additionally, the phrases "Better Banking", "Banking In A Flash", "Putting Montanans First", "Free Makes Cents", are registered trademarks issued to First Montana Bank for the State of Montana.|
|Copyright||Federal copyright laws protect information and materials of the Bank. You may copy information from the website for your personal use only, provided that each copy includes any copyright or trademark as they appear on the pages copied. The information and materials may not be copied, displayed, distributed, downloaded, transmitted, or otherwise used for public or commercial purposes without the express written permission of First Montana Bank.|
|Warranty Disclaimer||The information, materials, and functions contained in our website are subject to change and are provided without warranties of any kind. The Bank does not warrant the adequacy, accuracy, or completeness of the information and materials included in our site the Bank disclaims any liability for any errors or omissions in information, materials, and functions included in our site.|
The bank will not be liable for any damages or lost profits arising from the use of our site, any interruption in the availability of our site, delay in operation or transmission, loss of data, or other events arising from use of our site, even if the Bank has been advised of the possibility of such damages or loss. First Montana Bank is not responsible if you download a file from the Bank website or Online Banking site that includes a virus.
You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of fees. You authorize us to deduct these fees directly from your account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this agreement.
Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and can be deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. You will also be liable for our costs to collect the deficit as well as for our reasonable attorneys' fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your account including but not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your account.
|Linked Third Party Websites Disclaimer|
The Bank will not be liable for any errors, omissions, loss of data, materials or functions by third party sites linked to or from our site and operated by other entities. Third party web sites linked to or from our site are the responsibility of those other entities and the Bank does not endorse the sites even if a link is established between the Bank's website and the website of the other entity.
It is the policy of First Montana Bank to fully comply with and promote the spirit of the Real Estate Settlement Procedure Act (RESPA). The Bank does not provide links to or from our site to any entity that would in turn provide the Bank with compensation when soliciting Real Estate mortgage lending. It is our policy to fully comply with RESPA's prohibition on referral fees, kickbacks, and fee splitting.
|Conditions of Communication|
You may communicate with the Bank through our website, subject to the following conditions:
|Accessing Your Accounts Online|
|System Requirements||To access Online Banking you must have a browser that supports 128-bit encryption. If you wish to use a different browser, you will need to contact the provider of the browser you wish to use to get the proper 128-bit encryption.|
For your protection, your password must contain at least one uppercase letter, one lower case letter and one number. It must be at least 12-17 characters in length and special characters may be used (*,@, !).
When logging in for the first time with your bank assigned, temporary password, you will be prompted and must immediately change your password to a password you select. This is for your protection. For added security you will be required to change your password every twelve (12) months. We recommend you change your password frequently, and immediately if your password is compromised. You may change your password or security data at any time from the Change Options menu within Online Banking.
Passwords are unique to each user accessing Online Banking. For joint and multiple signer accounts, each signer is assigned a unique Access ID and password, and is responsible for the confidentiality of their individual Access ID and password. Access IDs and passwords must never be compromised or shared with any other person or signer on an account.
|Online Banking Fees|
There are no monthly or transaction fees for accessing your account(s) through Online Banking.
|Communicating With Us|
Sending an email is one way of communicating with the Bank's customer support personnel and staff. You may contact us via email 24 hours a day, 7 days a week. We will respond to email inquiries during regular business hours, 8AM to 4PM MST Monday through Thursday, and 8AM to 5PM MST Friday.
You may contact us via our website using the "Contact Us" page. When contacting us via the website, please do not include any non public, personally identifiable information such as your bank account number, password or Social Security Number. Please do not contact us via email if you are under age 14.
You cannot use email to conduct transactions on your account(s). For account transactions, please use the applicable functions within Online Banking, Mobile Banking, Telebanking at 1-888-442-4970, or by calling your local branch.
|Electronic Statements (eStatements)|
You may choose to receive your monthly bank statements electronically rather than a traditional, mailed paper statement. If you select this option, you will be notified via email when your statement is available. You will be able to view, save or print your statement from within Online Banking. Centennial Checking requires an electronic statement. If you withdraw your consent to receive statements electronically, you may be charged a $2 per month paper statement fee. Refer to Fee Schedule for full account details.
To receive statements electronically, you must have the following:
We may treat an invalid email address, the malfunction of a previously valid email address, or cancellation of Online Banking as a withdrawal of your consent to recieve statements electronically. It is your responsibility to provide us with a true, accurate and complete email address and other information related to your account(s), and to maintain and update promptly any changes to this information. If you have any questions about enrolling in electronic statements or accessing your statement online, contact your local branch or call 1-800-824-2692.
|Online Bill Pay|
|What is Online Bill Pay||Our Online Bill Pay service allows you to pay your bills online via our Online Bill Pay provider, iPay. You can schedule, at your option, the payment of current, future and recurring bills from your checking account at First Montana Bank. We will debit your account, ON THE DATE YOU SPECIFY, and send an electronic payment or mail a check to your payee the next business day. The details of restrictions, your responsibilities and First Montana Bank's responsibilities are outlined in detail below.|
|Who Can Use Online Bill Pay||You must have a checking account with First Montana Bank to use our Online Bill Pay service. If two signatures or more are required to withdraw funds from your checking account, all signers on the account are prohibited from using Online Bill Pay. If you have more than one signer on the account all signers must have joint ownership of the account. See Joint Ownership section below.|
|Using Online Bill Pay|
There is no limit to the number of bill payments that you may authorize. However, the types of payees of your payments are limited and exclude those indicated in the notice below. If you set up Online Bill Pay to a prohibited payee, we are liable for any fees or charges incurred as a result of the prohibited payee transaction(s).
Notice of Prohibited Payees:
By initiating a scheduled transaction and providing the names of your payees/merchants and their addresses, you authorize us to follow the payment instruction to these payees/merchants that you provide us via First Montana Bank iPay. When we receive a payment instruction for a current or future date we will remit the funds to the payee on your behalf from the funds in your selected checking account on the day you have instructed the payment to be sent. The amount you indicate for payment is charged against your account's available balance. If your account does not have sufficient funds in the available balance, the payment WILL NOT be processed. Our system will attempt to process the payment for three (3) consecutive business days before sending you a written notice of the unprocessed payment.
In this event, we will also not be liable for fees or charges incurred from:
|Scheduling Online Bill Payments|
Any payments made with First Montana Bank Online Bill Payment require sufficient time for your payee to receive the payment and credit your account properly. To avoid incurring a finance charge with your payee, you must schedule a payment sufficiently in advance of the due date of your payment. When you schedule payments: YOU MUST SCHEDULE THE PAYMENT AT LEAST SEVEN (7) FULL BUSINESS DAYS PRIOR TO THE DATE THE PAYMENT IS DUE AT YOUR PAYEE. Please allow ample time to prevent any late fees or penalties.
|Stopping or Modifying Online Bill Payments||You have the right to stop or modify any scheduled online bill payment provided you contact us no later than 2:30 PM MST on the preceding day for which the applicable payment is scheduled.|
If you have scheduled an online bill payment in a timely manner (as described above) to an accepted payee and the payment is not paid on time, or in the correct amount, First Montana Bank will bear responsibility for late charges subject to the eight (8) exceptions listed below.
It is the policy of First Montana Bank to put forth our best efforts to make sure all your payments are processed accurately and timely. However, First Montana Bank shall incur no liability if it is unable to complete any payments initiated by you via Online Bill Pay due to the existence of one or more of the following circumstances:
|Online Bill Pay Fees|
The checking account used to pay the bill payments will be charged the Online Bill Pay fee(s). If you elect to discontinue the service, please notify your local branch. If you use more than one account to pay bills, each account will be charged the applicable fee(s).
Your account will be charged the fee schedule applicable to your account type listed below:
The First Montana Bank Agreement definition of "You" means each signer on an account. The terms of the Agreement extend to all signers on the account(s) you are accessing with Online Banking. The same applies to the Online Bill Payment responsibilities. Each Online Bill Pay user can consist of single or joint signers of an account. However, if you have multiple signers on an account you must have joint ownership of the account in order to use the account with Online Bill Pay. Joint owners share the same payee list (when using Online Bill Pay), and are subject to the joint tenancy rules contained in the "Account Terms and Conditions" disclosure agreements for that checking account. Any account owner may discontinue or cancel service and any owner may authorize transfers to or from the joint account.
Each member (signer on account) is assigned a unique First Montana Bank Online Banking password. Because joint signers on an account share the responsibilities with all signers on the account, the terms and conditions of this Agreement apply to all signers.
Passwords are unique to each user accessing Online Banking. For joint and multiple signer accounts, each signer is assigned a unique Access ID and password and is responsible for the confidentiality of their individual Access ID and password. Access IDs and passwords must never be compromised or shared with any other person or signer on an account.
|General Terms and Disclosures|
|Product and Service Disclosure||We reserve the right to change the fees or other terms described in the Agreement at any time. This does not include any changes to your Account Terms and Conditions you received when opening your account. Changes in Account Terms will always be mailed to you at least 30 days in advance of the change. Any charges, fees or other terms changed that affect this site will be posted at this site. NOTICE: All transactions conducted over Online Banking are considered by the federal government as electronic "telephonic" transfers and considered "third party transfers" and are limited in number per statement cycle (month) for certain accounts under the Federal Reserve Act (Reg D). Refer to the disclosure that details the transactions allowed under Reg D that you were provided upon opening of a savings, money market or tiered interest account.|
|Funds Availability||The following disclosure was provided to you upon opening a transaction (checking) account at First Montana Bank. This is also disclosed here to help you clearly understand when your funds are available after deposits are made when setting up an Online Bill Payment.|
|Your Ability to Withdraw Funds|
This policy statement applies to "transaction" accounts. Transaction accounts, in general, are accounts that permit an unlimited number of payments to third persons and an unlimited number of telephone and pre-authorized transfers to other accounts of yours with us. Checking accounts are the most common transaction accounts. Contact us regarding any of your other accounts that may also be applicable to this policy.
Our policy is to make funds from your cash or check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written. Please remember that even after we have made funds available to you and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal holidays.
If you make a deposit before deposit cut-off time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after deposit cut-off time or on a day we are not open, we will consider that the deposit was made on the next business day we are open. Deposit cut-off times may vary by branch, but are not earlier than 4:00 PM MST.
If you make a deposit at an ATM before deposit cut-off time at First Montana Bank ATM locations on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit at an ATM after deposit cut-off time at First Montana Bank ATM locations or on a day we are not open, we will consider that the deposit was made on the next business day we are open. Deposit cut-off times may vary by ATM location, but are not earlier than 12:00 PM MST.
If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in one of your accounts. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.
|Longer Delays May Apply|
In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the fifth (5) business day after the day of your deposit. The first $100 of your deposits, however, may be available on the first (1) business day after the day of your deposit.
If we will not make all of the funds from your deposit available on the first (1) business day after we receive your deposit, we will notify you at the time you make your deposit. We will inform you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the first (1) business day after we receive your deposit. If you require funds from a deposit right away, you should inquire when the funds will be available at the time of your transaction.
|Safeguard Exception Delays||
In addition, funds deposited by check may be delayed for a longer period under the following circumstances:
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will inform you when the funds will be available. Funds will generally be available no later than the eleventh (11) business day after the day of your deposit.
|Special Rules for New Accounts||
If you are a new customer, the following special rules will apply during the first thirty (30) days your account is open:
|Error Notification, Correction and Resolution|
First Montana Bank Online Bill Pay Regulation E "Electronic Funds Transfer Act" (EFT) Error Resolution Applicability:
First Montana Bank's Online Bill pay provider may not process payments via electronic funds transfer methods or via check, draft, or similar paper instrument. Only electronic funds transfers (EFT) transactions would fall under the provisions of the Federal Reserve Board's Regulation E ("Electronic Funds Transfer Act").
The following Regulation E ("Electronic Fund Transfer Act") disclosure was provided to you when you opened an account that may have electronic transactions conducted (i.e. ATM or Debit Card or Automatic Deposit). This disclosure is also provided in this Agreement to inform you how to contact us in the event you detect an error has occurred when viewing your account(s) transaction statements while viewing online through Online Banking. When viewing accounts, or conducting transfers from one account to another, the accounts are real time. This means that deposits and transactions that occurred prior to your viewing should be reflected in Online Banking. However, some transactions such as a transfer from checking account to pay down an Overdraft Protection line, loan payments, advances or a transaction completed at an ATM may not reflect until the 24-hour update has occurred on our account processing system.
In case of errors or questions about your electronic transfers, contact us in manner outlined the Communicating with Us section of this Agreement. It is your responsibility to inform us as soon as possible if you think your statement or receipt is incorrect 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.
When contacting us regarding an error:
We will determine whether an error occurred within ten (10) business days after we hear from you (five (5) business days if the transfer involved a point-of-sale transaction with a Visa logo, and twenty (20) business days if the transfer involved a new account). We will work to promptly correct any error. If we require more time, we may take up to fourty five (45) days to investigate your complaint or question (ninety (90) days if the transfer involved a new account, a point-of-sale transaction with a Visa logo, or a foreign initiated transfer). If we decide to take additional time, we will credit your account within ten (10) business days (five (5) business days if the transfer involved a point-of-sale transaction, and twenty (20) business days if the transfer involved a new account) for the amount you believe is in error, to allow use of the funds during the time it takes us to complete our investigation. If we request you provide your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. An account is considered a new account for thirty (30) days after the first deposit is made.
We will inform you of the results within three (3) business days after completing our investigation. If we determine there was no error, we will send you a written explanation. You may request copies of the documents that were used in our investigation.
Notify us at once if you believe your code, password, PIN, or card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from a personal check. You may lose all the money in your account (plus your maximum overdraft line of credit). If you notify us within two (2) business days after you learn of the loss or theft of your card or code, and someone used your card or code without your permission, you may lose no more than $50. If you do NOT notify us within two (2) business days after you learn of the loss or theft of your card or code, and we are able to prove we could have prevented someone from using your card or code without your permission if you had notified us, you may lose as much as $500.
If your statement displays transfers that you did not make, including those made by card, code or other means, notify us immediately. If you do not notify us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have prevented someone from taking the funds had you notified us in time. If a valid reason (such as a long trip or hospital stay) or extenuating circumstance prevented you from notifying us, we may extend the time period.
You must acknowledge that you have read, understand and agree to the terms, conditions, provisions, rules and policies disclosed under this Agreement prior to your first attempt to access your accounts online.
|Types of Transfers, Frequency and Dollar Limitations|
We will disclose information to third parties about your account:
|Federal E-SIGN Act Disclosures and Consent|
Please read this Federal Electronic Signatures in Global and National Commerce Act ("E-SIGN") Disclosure and Consent carefully and keep a copy for your records.
You have the right to receive this disclosure in paper form. Please notify the Bank to receive this disclosure in paper form by contacting us in person, in writing, via email as directed in the "Contact Us" section of our website, or via telephone at 1-800-824-2692. You may withdraw your consent to receive disclosures electronically at any time. Your consent applies only to the enrollment of online banking and/or online bill payment and/or electronic statements. To withdraw your consent to receive disclosures electronically, please contact the Bank in the manner indicated above, and include your updated physical contact information. If you withdraw your consent to receive disclosures electronically, you may be charged a $2 per month paper statement fee. If you have consented to receive disclosures electronically and determine that a paper copy is required, contact the Bank in the manner indicated above. You may incur a $2 interim statement fee and/or account research fees depending on the nature of your request.
To receive disclosures electronically, you must have the following:
The Bank may treat an invalid email address, the malfunction of a previously valid email address, or cancellation of online banking as a withdrawal of your consent to receive disclosures electronically.
It is your responsibility to provide the Bank with a true, accurate and complete email address and other information related to this disclosure and your account(s), and to maintain and update promptly any changes to this information. You can update such information by contacting the Bank in the manner indicated above.