Online Banking 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(at)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