First Fidelity Bank
Financial Intuition Agreement and Federal Disclosures for Internet Banking
This Agreement governs the use of First Fidelity Bank’s Internet Banking Service, jointly referred to as the “Service,” provided by First Fidelity Bank, also referred to as Financial Institution. By using the Service to conduct transactions, you agree to the terms of this Agreement.
Definitions As used in this Agreement, “account” and “accounts” mean the Fidelity Bank account in which you are either the owner or joint owner, “Loan account” and “loan accounts” mean any loan you have with the Financial Institution. “You,” “your,” and “yours” mean the person(s) using the Service. “We,” “our,” “us,” and “Financial Institution” refer to the individual Financial Institution (First Fidelity Bank) that holds your account.
Deposit and Credit Agreements The terms and conditions in this Agreement shall have priority and take precedence over any existing terms and conditions in existing account and loan agreements you have with us in the event of a conflict.
Required Equipment In order to use the Internet Banking Service, you need a computer (in this Agreement, your computer and the related equipment are referred to together as your “Computer”) with a web browser (Microsoft Internet Explorer 10.0 or higher or an equivalent browser,) a member number, and Internet Banking PIN. The PIN is the confidential personal identification number you use to access your account(s) through Internet Banking. You are responsible for the installation, maintenance, and operation of your Computer, browser and the software. First Fidelity Bank is not responsible for any errors or failures from any malfunction of your Computer, the browser or the software. First Fidelity is also not responsible for any Computer virus or related problems that may be associated with the use of an online system.
The Service To use Internet Banking, you must have at least one First Fidelity personal account and an Internet Banking PIN. Through Internet Banking, you will have access to any of your First Fidelity deposit accounts or loan accounts. First Fidelity reserves the right to deny access to a deposit account or loan account or to deny transactions under certain circumstances.
Description of Internet Banking The Service allows you to perform some or all of the following functions from your Computer:
Online Account Access Functions and Limitations of Transfers
You may use Internet Banking to (a) transfer funds between your accounts; (b) obtain account balances; (c) obtain history and transaction information on your accounts; and (d) obtain loan account balance information. These features are limited to the extent, and subject to the terms, noted below. i. Your ability to transfer funds between certain accounts is limited by federal law and the Deposit Agreement. You should refer to the Deposit Agreement for legal restrictions and service charges applicable for excessive withdrawals and transfers. Transfers made using the Internet Banking Service are counted against the permissible number of transfers described in the Deposit Agreement. ii. There may be at least a one-business-day delay in transferring funds between your accounts. Except as provided in this Agreement, all Internet Banking transaction instructions received by 5:00 p.m. CST will be completed that business day. Any instruction received after 5:00 p.m. CST will be completed the next business day. iii. Transactional information for your accounts will be available from Internet Banking for a maximum of three statement cycles from the date of inquiry.
Personal Identification Number and Security Your Internet Banking personal identification number (PIN) is required to access First Fidelity’s Internet Banking functions. You agree not to give or make available your PIN to any unauthorized individual. If you believe your PIN has been lost or stolen, someone has attempted to use the Internet Banking Service without your consent, your deposit account(s) or loan account(s) have been accessed, or someone had transferred money without your permission, you must notify First Fidelity immediately at Bookkeeping 256-845-1077 extensions 107 and 117, Monday through Thursday 8:30 a.m. to 4:00 p.m. and Fridays 8:30 a.m. to 12 noon Central Time. First Fidelity Bank does not maintain a record of your PIN. If you lose or forget your PIN, contact Bookkeeping at First Fidelity Bank immediately so that you may select a new confidential PIN.
Your Liability for Unauthorized Transfer Tell us AT ONCE if you believe your account information and/or PIN have been lost or stolen. Telephoning 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 and open-end credit). If you believe your account information and/or PIN has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your account information and/or PIN without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your account information and/or PIN, and we can prove we could have stopped someone from using your account/and or PIN without your permission if you had told us, you could lose as much as $500.00. Also, if your 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 60 days, if we can prove that we could have stopped someone from taking the money if you had told us in time.
Errors and Questions Telephone us as soon as you can (256-845-1077) if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent the FIRST Statement on which the problem or error appeared. Your inquiry must include:
- Your name and account number,
- A description of the error or the transfer you are unsure about and an explanation of why you believe it is an error or why you need more information,
- The dollar amount of the suspected error, and
- The date of occurance.
If you tell us orally, we may require that you send us your complaint or questions in writing within 10 business days to 1400 Gault Avenue North, Fort Payne, AL 35967. We will generally tell you the results of our investigation within 10 business days of the receipt of your complaint or questions (20 business days if the transaction involved an account opened within the past 30 days). If we need more time, however, we make take up to 45 days. If we decide there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
Data Recording When you access Internet Banking to conduct transactions, the information you enter may be recorded. By using Internet Banking, you consent to such recording.
No Signature Required When using Internet Banking to conduct transactions, you agree that the Financial Institution my debit your account to complete the transactions, or honor debits you have not signed.
Disclosure of Account Information to Third Parties We will disclose information to third parties about your account or transfers you made:
- When it is necessary to complete the transfers;
- In order to verify the existence and conditions of your account for a third party, such as a credit bureau or merchant;
- In order to comply with a government agency or court orders; or
- If you give us written permission.
Charges You will not be charged for the “view accounts”, or “transfer funds” features of First Fidelity’s
Internet Banking. NOTE: Your accounts and loan accounts are still subject to the fees, charges, balance requirements, etc. articulated in the Deposit Agreement and Loan Agreement.
Alterations and Amendments The terms of this Agreement, applicable fees, and service charges may be altered or amended by First Fidelity from time to time. In such event, First Fidelity shall send notice to you either at your address as it appears on The Financial Institution’s records or by online notice through Internet Banking. Any continuation of Internet Banking after First Fidelity sends you a notice of change will constitute your agreement to such change(s). Further, First Fidelity may, from time to time, revise or update the Financial Institution program, services, and/or related material(s) rendering such prior versions obsolete. Consequently, First Fidelity reserves the right to terminate this Agreement as to all such prior versions of the First Fidelity Bank programs, services, and/or related material(s) and limit access to Financial Institution’s more recent versions and updates.
Address Change You agree to promptly notify First Fidelity Bank, in writing, of any address change.
Termination or Discontinuation The use of Internet Banking does not require enrollment on your behalf; therefore, termination of Internet Banking by you is done by not accessing or using the Service. However, any transactions or payments you have previously authorized will be completed as instructed. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
Payee Limitation First Fidelity reserves the right to impose a frequency of dollar limit on or refuse to make any payment you have directed. First Fidelity Bank is obligated to notify you promptly if it decides to refuse to complete your payment instruction. This notification is not required if you attempt to make payments which are prohibited under this Agreement.
Disputes In the event of a dispute regarding Internet Banking, you and First Fidelity agree to resolve the dispute by looking into this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and First Fidelity Bank, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and First Fidelity Bank relating to the subject matter of this Agreement. If there is a conflict between what one of First Fidelity’s employees says and the terms of this Agreement, the terms of this Agreement have final control.
You may not assign this Agreement to any other party. First Fidelity may assign this Agreement to any present or future, directly or indirectly, affiliated company. First Fidelity may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties. No Waiver First Fidelity Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by First Fidelity. No delay or omission on the part of First Fidelity Bank in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. Captions The captions of sections hereof are for convenience only and shall not control or affect the meaning of construction of any of the provisions of this Agreement. Governing Law This Agreement shall be governed by the laws of the jurisdiction in which the Financial Institution is located and by applicable Federal laws and regulations. Federal Disclosure You agree to accept this disclosure online rather than a paper disclosure. We recommend you print the entire Agreement and Disclosure for your records. If you are unable to print this, please request a paper disclosure to be mailed to you.