You agree that any information, disclosures, notices, data or supplemental information to or under this Agreement or by law or regulation or any amendments to this Agreement may be sent to you by electronic communication, including email or by posting on First Montana Bank's website.
You acknowledge that you have read and understand and agree to the terms, conditions, provisions, rules and policies disclosed under this Agreement prior to your first attempt to access your online accounts.
|Introduction to First Montana Bank eBank|
|Agreement Definitions||The terms "we," "us," "our," and "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 term "Site" "eBanking" or "eBank" refers to First Montana Bank's eBanking transactional access website. The applicable "Your Account Terms and Conditions", and supplemental disclosures you received upon opening your existing accounts continues to govern each of your accounts.|
|You and First Montana Bank eBank||This Agreement for accessing your accounts via eBank 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 eBank include only accounts maintained at First Montana Bank.|
|Venue of First Montana Bank eBank||You agree that Montana state law and applicable Federal regulation and law shall govern your use of the First Montana Bank website, eBank, 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 eBanking website. 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 eBank website 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 eBank website that includes a virus.
|Trademark||First Montana Bank, First National Bank, First National Bank of Montana, and the First National Bank logo are registered trademarks.|
|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 eBank website 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 charges. You authorize us to deduct these charges directly from the 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.
|Third Party Linked 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.
You may communicate with the Bank through our website, subject to the following conditions:
|Accessing Your Bank Accounts|
|System Requirements||To access eBank 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 long. Special characters can be used (*,@ &). You must change your password every 12 months, more often if you choose.
When you log in for the first time with your bank assigned password, you must immediately change your password. This is for your protection. For added security you will be prompted to change your password every three months. We recommend you change your password frequently, and immediately if your password is compromised.Passwords are unique to each user accessing eBank. 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.
There are no periodic or transaction fees for accessing your account(s) through eBank. See section 4, First Montana Bank Bill Pay for Bill Pay Fees. 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 fees may be assessed and billed to you for time spent on eBank, via internet access, separately by your online service provider.
|Communicating With Us and Electronic Mail (E-mail)||
Sending us an email is a way of communicating with the Bank's customer support personnel. You may contact us 24 hours a day, 7 days a week via email. We will respond to your email inquiry during regular business hours, 8AM to 4:30 PM MST Monday through Thursday and 8AM to 5PM MST Friday.
You can contact us on our eBank web site by selecting "Contact Us". You may also contact us directly via email at email@example.com.You cannot use email to conduct transactions on your account(s). For account transactions please use the applicable functions within First Montana Bank eBanking, Telebank at 1-(888) 442-4970 or by calling customer service at 1 (800) 824-2692 or your local branch.
|Electronic Statements (eStatements)||
You can choose to receive your statements electronically rather than a traditional mailed statement. If you select this option, you will be notified via email when your statement is ready to view. To view your statement, log in to eBanking, click on the account you wish to view, then click "Statement." You will be able to view, save or print your statement from this screen.
If your email address changes, make sure to update it in the "Options" screen so you will continue to receive your statment notices.If you have any questions about signing up or accessing your statement, contact your local branch.
|First Montana Bank Bill Pay|
|What is Bill Pay||First Montana Bank's Bill Pay service allows you to schedule your bill payments automatically through First Montana Bank eBank. You can schedule, at your option, the payment of current, future and recurring bills from your checking account at First Montana Bank. The Bank will debit your account, ON THE DATE YOU SPECIFY, 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 Bill Pay||You must have a checking account with First Montana Bank to use bill pay. If two signatures or more are required to withdraw funds from your checking account, all signers on the account are prohibited from using 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 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 the types indicated in the notice below. If you set up Bill Pay to a prohibited payee we will not be liable for any fees or charges incurred as a result of the prohibited payee transaction(s).
Notice of Prohibited Payees:
By initiating a Bill Pay scheduled transaction and furnishing us with 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 ePay. 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.
|Scheduling Bill Payments||
Any payments made with First Montana Bank ePay 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 Changing Bill Payments||You have the right to stop or change any scheduled payment. You must contact us no later than 2:30 PM MST on the preceding day for which the applicable payment is scheduled. Calling on the day of a scheduled payment is too late.|
|First Montana Bank and Your Responsibilities||
If you have scheduled a 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 stated 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 eBank because of the existence of one or more of the following circumstances:
|Bill Pay Fees||
Your account will be charged the fee schedule applicable to your account type listed below:
Consumer Customer (non-business individual(s)):
If you have not used the ePay system to pay a bill for three (3) consecutive months, you will be charged an inactivity fee of $5.00 per month until you resume use or cancel the service.
The First Montana Bank eBank 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 on eBank. The same applies to the Bill Payment responsibilities. Each Bill Pay member 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 for Bill Pay. Joint owners share the same payee list (when using 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 close the First Montana Bank Bill Pay 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 eBank 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 eBank. 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.
|First Montana Bank eBank Security||
The eBank Security system is equipped with state of the art hardware and software engineered by a leading bank vendor. First Montana Bank has implemented firewalls with intrusion detection 24 hours a day 365 days a year. First Montana Bank is set up through VeriSign with a Secure Server ID and uses128-bit SSL encryption to protect our customers' information.
By using a Secure Server ID, available from VeriSign as part of its Secure Site and Secure Site Plus solution package along with 128-bit SSL encryption, First Montana Bank enables our eBank site to conduct authenticated, encrypted on-line commerce. Users visiting our site are able to submit account numbers and other personal information, with assurance that they are really doing business with us (and not an impostor). The information that they are sending and receiving while on line with us cannot be intercepted or decrypted by anyone other than the intended recipient.
Clicking on the Lock at the top of the page, to the right of the email address, should bring up the following VeriSign certificate. If not, do not continue, and contact us at: (800) 824-2692.
Security remains the primary concern of on-line consumers. The VeriSign Secure Site Program allows you to learn more about web sites you visit before you submit any confidential information. Please verify that the information below is consistent with the site you are visiting.
|General Terms and Disclosure|
|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 eBank 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 a Bill Payment.|
|Your Ability to Withdraw Funds at First Montana Bank||
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. Feel free to ask us whether any of your other accounts might also be under 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 vary somewhat by bank office, 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 vary somewhat 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 business day after the day of your deposit. The first $100 of your deposits, however, may be available on the first business day after the day of your deposit.If we are not going to make all of the funds from your deposit available on the first business day after we receive your deposit, we will notify you at the time you make your deposit. We will also tell 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 business day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.
|Safeguard Exception Delays||
In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
|Special Rules for New Accounts||
If you are a new customer, the following special rules will apply during the first 30 days your account is open:
|Error Notification, Correction and Resolution||
First Montana Bank Bill Pay Regulation E "Electronic Funds Transfer Act" Error Resolution Applicability:
First Montana Bank's internet web-site product ePay 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 (e.g. 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 on-line through eBank. 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 on eBank. 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, call or write us at the telephone number, mailing address or email address listed in the Communicating with Us section of this Agreement. 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 the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
We will determine whether an error occurred within 10 business days (5 business days if the transfer involved a point-of-sale transaction, with a Visa logo, and 20 business days if the transfer involved a new account) after we hear from you. We will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction with a Visa logo, or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have 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. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.
We will inform you of the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.You acknowledge that you have read and understand and agree to the terms, conditions, provisions, rules and policies disclosed under this Agreement prior to your first attempt to access your online accounts.
|Liability of Consumer; Limitations||
Types of Transfers, Frequency and Dollar Limitations
We will disclose information to third parties about your account or the transfers you make:
|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 or option to have the disclosure provided in paper form. Please notify the bank to receive this disclosure in paper form by contacting us in person, via email or in writing as directed in the "Contact Us" section located at the bottom of our home page.
You can withdraw your consent to receive disclosures electronically at any time.
Your consent applies only to the enrollment of online banking and/or bill payment and/or e-statements.
To withdraw your consent to receive disclosures electronically, please contact the bank in the manner indicated above. Please include any updated contact information for you, including electronic contact information.
If you have consented to receive disclosures electronically and determine that a paper copy is required, please contact the bank in the manner indicated above.
To access and retain electronic disclosures received from the bank, you must have the following equipment and software:
It is your responsibility to provide us with true, accurate and complete email address, contact and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update such information by contacting the bank in the manner indicated above.