BankFirst Online Agreement -
Please read carefully
This Agreement describes your rights and obligations as a
user of BankFirst Online and the rights and obligations of
BankFirst.
Definitions
BankFirst Online is the internet-based service providing access
to your account(s) under the terms set forth in this agreement.
Online Account means any BankFirst account which you will
access using BankFirst Online. Password is the code assigned to
you by BankFirst for use during the initial sign-on, or the code
you select after the initial sign-on, that establishes your
connection to BankFirst Online.
Hours
BankFirst Online is available 24 hours a day, seven days a week,
except during special maintenance periods or any unforeseen
circumstance. For purposes of transactions, BankFirst’s business
days are Monday through Friday, excluding holidays as determined
by BankFirst. All Online Banking transaction requests received
after 6:00 p.m. on business days, and all transactions, which
are requested on Saturdays, Sundays, or holidays will be
processed on the next business day. BankFirst’s business day
begins at 8:00 a.m. Central Time.
Use of Your Security Password
BankFirst will provide you with a Password for use during the
initial login, after which you are required to change your
Password for security purposes. You determine what Password you
will use and the identity of your Password is not communicated
to us. The new password you select must be a minimum of four (4)
characters to a maximum of 16 characters. You agree that we are
authorized to act on instructions received under your Password.
You agree not to allow anyone to gain access to BankFirst Online
or to let anyone know your Password. After three (3)
unsuccessful attempts at authorization to use the system, you
must contact us to have your Password reset or to obtain a
temporary Password. You agree to assume responsibility for all
transactions up to the limits allowed by applicable law.
Lost / Forgotten Passwords
If your Password has been lost or forgotten, call BankFirst at
1-888-371-8005 or 1-402-371-8005, between 8:00 a.m. – 5:00 p.m.,
Monday through Friday. We will then provide you with a new
temporary password.
Funds Transfer Permission
BankFirst’s Online Banking will allow customers to transfer
funds between certain types of deposits accounts.
Please note that Federal regulations prohibit you from making
more than six (6) pre-authorized or automatic transfers or bill
payments from your money market accounts or savings account
during any given monthly statement period. There are no limits
to the number of transfers or payments from your checking
account.
Statements
You will continue to receive your regular account statement
either monthly or quarterly, depending on the type of account.
Questions
If you have any questions or comments regarding BankFirst
Online, please call us at 1-888-371-8005 or 1-402-371-8005
during business hours, or email us at
info@bankfirstonline.com.
Limit of BankFirst Responsibility
BankFirst agrees to make reasonable efforts to ensure full
performance of BankFirst Online. We will be responsible for
acting only on those instructions sent through BankFirst Online,
which we actually received, and cannot assume responsibility for
malfunctions in communication facilities not under our control,
which may affect the accuracy or timeliness of messages you
send. BankFirst is not responsible for any losses should you
give incorrect instructions, or if your instructions are not
given sufficiently in advance.
Any information you receive from BankFirst is believed to be
reliable. However, it can only be provided on a best-efforts
basis for your convenience and is not guaranteed. BankFirst is
not liable for any deficiencies in the accuracy, completeness,
availability, or timeliness of such information.
BankFirst will not be responsible for any computer virus, or
related problems, which may be attributable to services provided
by any Access Service Provider.
You are responsible for obtaining, installing, maintaining,
and operating all computer hardware and software necessary for
performing BankFirst Online functions. BankFirst will not be
responsible for any errors or failures from the malfunction or
failure of your hardware or software. The limit of BankFirst
liability shall be as expressly set forth herein. Under no
circumstances will BankFirst be liable in contract, tort, or
otherwise for any special, incidental, or consequential damages
whether or not foreseeable. By consenting to use BankFirst
Online, you agree to waive any and all right to any of the
aforesaid, and you acknowledge that the limit of your remedy is
as otherwise expressly set forth herein.
BankFirst’s Responsibility To Our Customers
BankFirst will be responsible for your actual losses if they are
directly caused by our failure to:
- Complete an Electronic Funds Transfer as properly
requested
- Cancel an Electronic Funds Transfer as properly
requested
However, we will not be responsible for your losses if:
- Through no fault of BankFirst, you do not have enough
funds in your account to make the transfer
- Through no fault of BankFirst, the transaction would
have caused you to exceed your available credit
- Circumstances beyond our control (e.g., fire, flood,
power outage, equipment or technical failure or breakdown)
prevent the transfer, despite reasonable precautions that we
have taken
- There is a hold on your account, or if access to your
account is blocked in accordance with banking policy.
- Your funds are subject to legal process or other
encumbrance restricting the transfer
- Your transfer authorization terminates by operation of
law
- You believe someone has accessed your accounts without
your permission and you fail to notify us immediately
- You have not properly followed the scheduling
instructions on how to make a transfer included in this
Agreement
- We have received incomplete or inaccurate information
from you regarding the account or transfer
- 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 the
Agreement.
There may be other exceptions stated in this Agreement and in
other agreements with you. In no instance shall we be liable for
damages in excess of your actual loss due to our failure to
complete a transaction and we will not be liable for any
incidental or consequential damages. If any of the circumstances
listed above shall occur, we shall assist you with reasonable
efforts in taking appropriate corrective action to reprocess the
transactions that may not have been completed or to correct
incorrect transactions that have been processed.
Modifications To This Agreement
BankFirst may modify the terms and conditions applicable to the
Service from time to time by mailing or delivering a notice of
the modifications to you at the address shown on your account
records, and the revised terms and conditions shall be effective
at the earliest date allowed by applicable law. We reserve the
right to terminate this Agreement and your use of the Services
in full or in part at any time without prior notice.
Assignment
You may not transfer or assign your rights or duties under this
Agreement.
Governing Laws
The laws of the State of Nebraska shall govern this Agreement
and all transactions hereunder. Customer acknowledges that
he/she has reviewed this Agreement and understands the terms and
conditions set forth herein, and agrees to be bound hereby.
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 BankFirst Online privileges
under this Agreement without prior notice to your for any
reason; 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.
We may convert your access to BankFirst Online to inactive
status if you do not sign on to the Service or have any
transaction scheduled through the Service during any consecutive
180 day period. If your Service is considered inactive, you must
contact us to have the Service activated before you will be able
to gain further access.
To cancel BankFirst Online, you must notify BankFirst and
provide your name and effective date to stop the service. You
may notify us by calling us at 1-888-371-8005 or 1-402-371-8005
during business hours or by writing a letter and sending it to:
BankFirst
Attention: Customer Service
PO Box 868
Norfolk, NE 68702-0868
