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First PREMIER Bank
Trust Online Agreement
Notice and Consent Regarding Electronic Delivery of Terms and Disclosures
We are required to provide you with certain information in writing in connection with your request to bank online. Please carefully review
the following information regarding the electronic delivery of Terms and Disclosures. By consenting to the electronic delivery of the Terms
and Disclosures, you agree to the following:
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Scope of Consent
Your consent to receive electronic disclosures applies only to this transaction and does not apply to any future transactions that may
occur between us or to any other disclosures that we may be required to provide you.
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Equipment and Software
To access First PREMIER Bank's Online Banking you must have an active account with an Internet Service Provider (ISP), an Internet browser
software program from software publisher(s) (Internet Explorer and Netscape) with version number(s) 4.0 and above with a 128 bit encryption
that we may specify from time to time. You are solely responsible for the equipment (including, in the case of Online Banking, your personal
computer and software) you use to access Online Banking services. We are not responsible for errors or delays or your inability to access the
services caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the services nor are
we responsible, under any circumstances, for any damage to your equipment or the data resident thereon. We do not warrant nor will we be
responsible for any errors or failures from the malfunction or failure of your equipment.
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Paper Copy of Terms and Disclosures
If you consent to the electronic delivery of the Terms and Disclosures, you may also request a paper copy of the Terms and Disclosures by writing
us at First PREMIER Bank, PO Box 1348, Sioux Falls, SD 57101-1348 or by calling us at 1-800-501-6125. If you prefer not to consent to electronic
delivery of the Terms and Disclosures, we will provide you with a paper copy. You may request such a copy by writing or calling us at the above. There
is no fee for providing a paper copy.
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Withdrawing Consent to Electronic
Delivery
You may not withdraw your consent to the electronic delivery of Disclosures because we will provide such Disclosures to you as soon as we receive your
consent. However, if after consenting to the electronic delivery of Terms and Disclosures and receiving such disclosures electronically, you decide
that you would also like a paper copy, you may request such a copy as described in the Paper Copy of Terms and Disclosures section above.
Consent and Acknowledgement
By accepting below, I acknowledge and agree as follows:
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I have the hardware and software necessary
to access and retain the Terms and Disclosures delivered electronically
and am able to download and print a copy of the Terms and
Disclosures; and
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I have received, read and agree to the Notice
and Consent Regarding Electronic Delivery of Terms and Disclosures
This Agreement governs the use of
Trust Online1, the Internet trust account information
service provided by First PREMIER Bank. By using Trust Online
to view your trust account, you agree to all of the following
terms and conditions:
1. DEFINITIONS
As used in this Agreement, "account" and "accounts"
mean First PREMIER Bank trust, custodial, retirement, IRA or agency
account(s) tied to your access identification number used through
Trust Online. "You", "your", and "yours"
mean the person(s) using Trust Online. "We", "our",
"us", and "The Trust Department" refer to
First PREMIER Bank.
2. REQUIRED EQUIPMENT
In order to use Trust Online, you need a computer (in this Agreement,
your computer and the related equipment are referred to together
as your "Computer") with a web browser, account number
and access information. First PREMIER Bank assigns the account
number to you. The access information is used to access your account(s)
through Trust Online.
You are responsible for the installation, maintenance, and operation
of your computer, browser and the software. First PREMIER Bank
is not responsible for any errors or failures from any malfunction
of your computer, the browser or the software. First PREMIER Bank
is also not responsible for any computer virus or related problems
that may be associated with the use of an online system.
3. THE TRUST ONLINE SERVICE
Trust Online allows you to obtain account balances and other information
about your trust accounts.
To use Trust Online, you must have a least one First PREMIER Bank
trust account. Through Trust Online, you may have access to one
or more of your First PREMIER Bank trust accounts. First PREMIER
Bank reserves the right to deny access to an account under certain
circumstances.
The information available via Trust Online is time delayed by
at least one business day and therefore may not accurately represent
current conditions within the account accessed. You should contact
First PREMIER Bank at (605) 357-3174 during business hours if
you need up-to-the-minute information. First PREMIER Bank business
days/hours are Monday through Friday 8:00 a.m. to 5:00 p.m. (CST),
except holidays on which First PREMIER Bank is closed. Access
to Trust Online is available twenty-four (24) hours a day, seven
(7) days a week, except during maintenance periods.
If you have not accessed your account for 90 consecutive days,
First PREMIER Bank reserves the right to discontinue your access.
4. UNLAWFUL OR UNAUTHORIZED USE
You may not use Trust Online for any unlawful or unauthorized purpose
whatsoever. You will adhere to all applicable laws and regulations,
which apply to service relationships of this nature and specifically
agree that you will not attempt to utilize Trust Online to access
the account of another person.
5. ACCESS INFORMATION AND SECURITY
Use of your unique access information is required to access Trust
Online. You acknowledge that your access information is unique,
and must be kept private and confidential to protect the security
of your account. You agree not to give or make available your access
information to any unauthorized individual. If you believe your
access information has been compromised, lost or stolen, someone
has attempted to use Trust Online without your consent, or your
account(s) has been accessed, you must notify First PREMIER Bank
immediately (see Correspondence Address and Telephone Number information
(15) below). If you lose or forget your access information contact
First PREMIER Bank immediately.
In order to allow for a high degree of confidentiality and security,
First PREMIER Bank requires the use of browsers that provide encryption
using a 128-bit key. The higher the level of encryption, the harder
it is for unauthorized people to read information. Commercial off-the-shelf
browsers typically support 40-bit encryption. Many browser suppliers,
however, offer special 128-bit encryption versions, available for
download from their respective web sites. First PREMIER Bank recommends
that customers protect their valuable financial information by using
the most secure encryption possible.
6. THE LIABILTY OF FIRST PREMIER BANK
First PREMIER Bank will use its best efforts to make Trust Online
available to you. However, First PREMIER Bank shall incur no liability
if it is unable to provide Trust Online to you for any reason, including,
but not limited to any of the following circumstances:
- You have not provided First PREMIER Bank with
sufficient information to access Trust Online;
- Your computer, Internet Service Provider, Internet
browser, or Trust Online was not working properly;
- Circumstances beyond First PREMIER Banks’
control (including but not limited to power outages, Internet
failures, fire, flood, or interference from an outside force)
prevent the proper execution of the transaction.
You agree that your exclusive remedy and the cumulative liability
of First PREMIER Bank for any and all claims related to Trust Online
services provided by First PREMIER Bank, in contract, tort, or otherwise,
shall not exceed the total amount of any service fees paid to First
PREMIER Bank for Trust Online services. In no event shall First
PREMIER Bank be liable for any direct, indirect, special, incidental,
consequential, or exemplary damages, including lost profits (even
if advised of the possibility thereof) arising in any way out of
the use of Trust Online.
First PREMIER Bank shall incur no liability for trade orders sent
via the Trust Online e-mail system. First PREMIER Bank does not guarantee
that trade orders sent in this method will be executed.
7. EXCLUSION OF WARRANTIES
You understand that Internet working communications utilizing public
access facilities may not be secure and that such communications may
be subject to interception, loss, or distortion. First PREMIER Bank
makes no warranties of any kind, whether expressed, implied, or statutory,
concerning the confidentiality and accuracy of data or information
available through the Trust Online service. Consequently, you acknowledge
that the use of the Trust Online service, and the inherent possibilities
of inaccuracy or disclosure of the data or information accessed through
Trust Online, will be solely at your risk.
Trust Online and related documentation are provided "as is"
without any warranty of any particular kind either expressed or implied,
including, but not limited to, the implied warranties of merchantability
and fitness for a particular purpose.
8. CONCURRENT AGREEMENTS
The terms and conditions in this Agreement are supplements to and
do not supersede any trust agreements or any other agreements that
you have with First PREMIER Bank.
9. ALTERATIONS AND AMENDMENTS
The terms of this Agreement may be altered or amended by First PREMIER
Bank from time to time, including the addition of fees and service
charges. In such event, First PREMIER Bank shall notify you of any
alterations or amendments to this Agreement, in place of any prior
version of this Agreement, via e-mail, direct mail, or any other medium
deemed appropriate by First PREMIER Bank. Your continued use of the
service after First PREMIER Bank provides you with such a notice of
change will constitute your agreement to such change(s).
10. TERMINATION OR DISCONTINUATION
First PREMIER Bank reserves the right to terminate or discontinue
Trust Online and this Agreement at any time. You may terminate this
Agreement with thirty (30) days prior written notice to First PREMIER
Bank. Neither termination nor discontinuation shall affect your liability
or obligations under this Agreement.
11. DISPUTES
In the event of a dispute regarding Trust Online, you and First PREMIER
Bank agree to resolve the dispute by looking to this Agreement. If
there is a conflict between the terms of this Agreement and some other
writing or statement relating specifically to the subject matter of
this Agreement, the terms of this Agreement shall control.
12. ASSIGNMENT
You may not assign this Agreement to any other party. First PREMIER
Bank may assign this Agreement to any present or future, directly
or indirectly, affiliated company. First PREMIER Bank may also assign
or delegate its rights and responsibilities under this Agreement to
independent contractors or other third parties.
13. NO WAIVER
First PREMIER 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 PREMIER Bank. No delay or omission on the part of First PREMIER
Bank in exercising any right or remedy shall operate as a waiver of
such right or remedy or any other rights 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.
14. GOVERNING LAW
This Agreement is made in South Dakota and shall be governed by the
laws of the State of South Dakota and by applicable Federal laws and
regulations.
15. CORRESPONDENCE ADDRESS AND TELEPHONE NUMBER
If you need assistance with Trust Online, or if you need to communicate
with First PREMIER Bank, call (605) 357-3174 or write to:
First PREMIER Bank
Attn: Trust Department
PO Box 1468
6010 S. Minnesota Avenue
Sioux Falls, SD 57101-1468
Our representative will attempt to resolve any problems or questions
you may have regarding Trust Online or your First PREMIER Bank
Trust Account.
1Trust Online is made available
to First PREMIER Bank through SunGard.
By accepting below, I acknowledge that I have read this agreement
and agree to its terms and conditions.
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