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:
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.
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.
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. There is no fee for providing a paper copy.
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
I acknowledge and agree as follows:
- 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
- I have received, read and agree to the Notice and Consent Regarding Electronic Delivery of Terms and Disclosures.
General Terms and Electronic Funds Transfer Disclosures (Terms and Disclosures)
This agreement (the Agreement) made between you and us for accessing your First PREMIER Bank accounts via First PREMIER Bank's Online Banking includes certain disclosures for electronic funds transfer and terms and conditions governing the use of available services offered through First PREMIER Bank's Online Banking. As used in this document, the words we, our, and us mean First PREMIER Bank and the words you and your mean the account holders(s) and anyone else with authority to deposit, withdraw, or exercise control over the funds in the account. By using Online Banking, you agree to abide by the terms and conditions of this Agreement and acknowledge your receipt and understanding of the disclosures contained in this Agreement. Please read this Agreement carefully and keep a copy for your records.
This agreement is in addition to other agreements between you and us, including the applicable deposit account disclosure agreement(s) and terms and conditions, and our rules and regulations as well as your loan agreements with us. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of any other agreements between you and us, as it relates to Online Banking, this Agreement will control.
Your use of available Online Banking services may be made by use of certain numbers, codes, marks, signs, passwords, Personal Identification Numbers (PINs), public or private keys or other means which are acceptable to us to establish your identity and acceptance of the electronic communications. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of tampering or altered data.
We may, from time to time, introduce new Online Banking services and we will notify you of the existence of these new services. By using new available Online Banking services when they become available, you agree to be bound by the rules governing these new Online Banking services.
Business Days/Hours: The term business day shall mean every day except Saturdays, Sundays and federal banking holidays. Our business hours are 8:00 a.m. to 5:00 p.m. Central Time, Monday through Friday.
1. Eligible Accounts
To access your accounts through First PREMIER Bank's Online Banking, you must have at least one eligible account with us. For purposes of this Agreement, the term Eligible Account includes the types of deposit and credit accounts that are identified below. If you have more than one Eligible Account, we will link the relationships together unless you request certain accounts not be linked. Accounts that are linked under the Online Banking services will have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through First PREMIER Bank's Online Banking. An account that requires two or more signatures to make withdrawals or with special withdrawal restrictions may not be designated as an Eligible Account.
The following are Eligible Accounts:
Checking, Savings, Money Market Deposit, Certificates of Deposit, IRAs, Installment and Real Estate Loans.
2. Access to Services
To initially access Online Banking services you will use a temporary User Code and Password assigned by the bank. With your first access to Online Banking, you will be asked to designate your own User Code and Password that has certain specifications as well as other layers of security (instructions will explain them).
You agree to keep your First PREMIER Bank Online Banking access information confidential to prevent unauthorized access and use of your accounts. For security purposes, we recommend that you memorize this information.
If you suspect your access information is lost or in the hands of an unauthorized user, tell us at once. Telephone Customer Service at 605-978-9778 (Sioux Falls) or 800-501-6125 (outside Sioux Falls). We reserve the right to block your access to Online Banking services to maintain or restore security to our web site and systems, if we reasonably believe your access information has been or may be obtained or is being used or may be used by an unauthorized person(s).
3. Description of Services
a) Account Information
You can specifically obtain the following information:
Obtain certain account history for the current and previous statement cycles and export this information directly to your computer in a variety of file formats such as Microsoft Money™ or Quicken™.
Obtain interest information on your interest bearing deposit accounts and loan accounts.
Obtain account-related information such as current balances, loan payment amounts, payment due dates, and certificate of deposit maturity dates.
b) Funds Transfers
Transfer funds from checking to checking.
Transfer funds from checking to savings.
Transfer funds from savings to savings.
Transfer funds from savings to checking.
Make payments from checking to loan accounts or lines of credit.
Make payments from savings to loan accounts or lines of credit. All transfers between deposit accounts will occur at the earliest possible time.
You may make arrangements for payments to loan accounts described above to occur at the earliest possible time, at a date in the future, or on a recurring basis.
Transfers made after 6:00 p.m. Central Time will normally not be credited until the next business day.
You will be provided a confirmation number with each transfer. Please write down this number when you receive it. It helps us resolve any questions you may have concerning your transactions.
Duplicate Transactions: It will be the customer's responsibility to detect duplicate transactions. First PREMIER Bank will pay all transactions initiated online by the customer unless there are insufficient funds or uncollected funds.
Holds: If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
You agree that you will instruct us to make a transfer only when a sufficient balance is or will be available in the designated account at the time of the transfer.
You understand that we will not act on any transfer instructions from you if sufficient funds are not available in the account that you designated.
Your ability to make transfers from your savings accounts and money market accounts is restricted by Federal Reserve Board Regulation D. For each of your savings accounts, you are prohibited from making more than six pre-authorized transfers per month. For your money market account, you are prohibited from making more than six pre-authorized transfers per month, no more than three of which may be payable to third parties, such as checks, ACH transfers or debit card entries. Pre-authorized transfers include transfers made through First PREMIER Bank's Online Banking service. The following transfers do not count towards your limit: (1) transfers from your savings account or money market account to repay any amounts owed to First PREMIER Bank for loans and associated expenses; (2) transfers made by mail, messenger, ATM or in person, or; (3) withdrawals authorized by you by telephone or online if the funds are mailed to you by check. Once a savings account or money market account has violated the Regulation D limits, First PREMIER Bank will notify you and may convert the account to a transaction type account.
Failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will make every effort to remedy the situation; however, we cannot assume any responsibility:
1. If through no fault of ours, you do not have enough money in your account to make a transfer or if your account has been closed.
2. If you have an overdraft line and the transfer would go over the credit limit.
3. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer
4. If circumstances beyond our control (such as fire or flood or systems failure) prevent the transfer, despite reasonable precautions that we have taken.
5. If the money in your account is subject to legal process, adverse claims, or other encumbrances restricting transfer.
6. If you have not properly followed instructions on how to make a transfer.
7. If we have placed a hold on funds in your account in accordance with our reasonable business procedures.
8. If we have a reasonable basis for believing that unauthorized use of your access information has occurred or may be occurring, if you are in default under this agreement with us, if we or you terminate the Agreement, or if we have suspended your use of First PREMIER Bank's Online Banking.
4. Hours of Operation
You can access Online Banking services through First PREMIER Bank's Online Banking seven days a week, 24 hours a day. However, at certain times, some or all of the service may not be available due to system or Internet maintenance. If we need to change the scope of our Online Banking services, we will attempt to provide prior notices of such interruptions and changes, but cannot guarantee that such notice will be provided.
A transfer between deposit accounts initiated through Online Banking before 6:00 p.m. Central Time on a business day will be posted to your accounts on the same day. We cannot ensure that a transfer between deposit accounts after 6:00 p.m. Central Time on a business day will be posted to your account on the same day. Transfers initiated on a Saturday, Sunday, or a federal holiday, will be posted on the next business day. Credits to loan accounts initiated through First PREMIER Bank's Online Banking may take up to two business days to post.
5. Electronic Messaging
Sending electronic messages to us through First PREMIER Bank's secure web site allows you to contact us with your questions and the bank to contact you with notices and disclosures protected by encryption. However, e-mail is not available after you log-on to Online Banking. Therefore, we ask that you not use e-mail to initiate banking transactions.
You agree that we may send you or make available to you notices, disclosures, and other information electronically including, but not limited to, notices, disclosures, and other information required under the Electronic Funds Transfer Act and Regulation E of the Federal Reserve Board. If you have given us an e-mail address or postal address, we are entitled to rely on that address and assume that messages sent to that address are received by you until you give us notice in writing that the address is no longer valid. If we send you a notice or disclosure electronically, and you wish to download or print it and are unable to do so, contact us at the mailing address or telephone number address in the Error Notice section of this Agreement and we will provide you with a copy on paper.
6. Notice of Your Rights and Liabilities
Except as otherwise provided in this Agreement or otherwise expressly provided by applicable law or regulation, you agree that neither we nor any party that provides Internet access or provides equipment used to access the Online Banking services or any agent, independent contractor, or subcontractor of any of the foregoing will be liable for any loss, injury, or damage including without limitation, direct, indirect, incidental, special, consequential, or punitive damages, whether under a contract, tort or any other theory of liability, arising in any way of the installation, use or maintenance of the Online Banking services or of the Internet service provider used to access the Online Banking services, or of the equipment used to access the Online Banking services including, without limitation, any loss, injury, or damage relating to any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line failure or unauthorized interception or access to your communications with us, even if we or the Service Providers are aware of the possibility of such event.
7. Limitation of Liability
Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by First PREMIER Bank's Online Banking services or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment.
No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of First PREMIER Bank.
You may not transfer or assign your rights or duties under this Agreement.
10. Governing Law
The laws of the State of South Dakota shall govern this Agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.
11. Periodic Statements
You will receive a monthly account statement from us for your checking and money market deposit accounts. You will receive a monthly account statement from us for your savings accounts that have the same account number as your checking account or if there are transfers from the savings account in a particular month. In any case, you will receive a savings statement at least quarterly.
12. Preauthorized Payments and Stop Payment
If the preauthorized payments may vary in amount, First PREMIER Bank will tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. Right to stop payment and procedures for doing so: If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call Customer Service at 605-978-9778 (Sioux Falls) or 800-501-6125 (outside Sioux Falls) or write us at First PREMIER Bank, PO Box 1348, Sioux Falls, SD 57101-1348, in time for us to receive your request five (5) business days or more before the payment is scheduled to be made. If you call, we may require you to put your request in writing and get it to us within 14 days after you call. Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
13. Confidentiality of Account Information
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transactions or resolving errors; or
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
- In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process, or in order to give information to any government agency or official having legal authority to request such information; or
- To our employees, service providers, auditors, collection agents, or attorneys in the course of their duties and to the extent allowed by law; or
- If you give us written permission.
14. Authorization to Obtain Information
You agree that we may obtain and review your credit report from a credit bureau or similar entity.
15. Unauthorized Access
Tell us AT ONCE if you believe your access information has been compromised, lost or stolen. Prompt notification is the best way of keeping your possible losses down. You could lose all the money in your account (plus the maximum line of your Easy Access). If you tell us within two business days, you can lose no more than $50. If you do NOT tell us within 2 business days after you learn of the loss or theft of your access information, and we can prove we could have stopped someone from using your access information without your permission if you had told us, you could lose as much as $500. 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 the 60 days if we can prove that we could have prevented someone from taking the money if you had told us in time. If you believe your access information has been compromised, lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call Customer Service at 605-978-9778 (Sioux Falls) or 800-501-6125 (outside Sioux Falls) during normal business hours listed in this Agreement.
16. Error and Questions
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below if you think your statement or receipt is wrong, 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.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send us your complaint or question
in writing within 10 business days following the date you notified us. We will tell
you the results of our investigation within 10 business days (20 business days if the
transfer involved a point of sale transaction or a foreign-initiated transfer) after
hearing from you and 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 point of sale transaction
or foreign-initiated transfer) to investigate your complaint or question. If we decide
to do this, we will credit your account within 10 business days (20 business days if
the transfer involved a point of sale transaction or a foreign-initiated transfer) for
the amount you think is in error, so that you will have the use of your 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. If we decide that there was no error, we will send you a written
explanation within 3 business days after we finish our investigation. You may ask for
copies of the documents we used in our investigation.
First PREMIER Bank
PO Box 1348
Sioux Falls, SD 57101-1348
Business Days: Monday through Friday
(excluding Federal Holidays)
Phone: 605-978-9778 (Sioux Falls) or 800-501-6125 (outside Sioux Falls).
This agreement continues in full force and effect until terminated. You may terminate this Agreement and your use of Online Banking services at any time by calling Customer Service at 605-978-9778 (Sioux Falls) or 800-501-6125 (outside Sioux Falls) or by sending a written termination notice to First PREMIER Bank, PO Box 1348, Sioux Falls, SD 57101-1348. Your termination notice will be confirmed by mail. You authorize us to complete fund transfers until we have had a reasonable opportunity to act upon your termination notice.
We may terminate this Agreement and your use of the Online Banking services at any time without cause or prior notice. This Agreement and your use of the Online Banking services will be terminated automatically if your Eligible Account(s) are closed or access to your Eligible Account(s) is restricted for any reasons. This Agreement and your use of the Online Banking services may be terminated at any time without prior notice due to insufficient funds in one of your Eligible Accounts. After termination on such basis, you may again enroll once sufficient funds are available in your Eligible Accounts to cover any fees and other pending transfers or debits. We reserve the right to temporarily suspend Online Banking services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your access information as an indication of attempted security breach. Termination of the services does not affect your obligations under this Agreement with respect to occurrences before termination.
18. Changes to Charges, Fees or Other Terms
We reserve the right to change the charges, fees or other terms described in this Online Banking Agreement. When changes are made to any fees, charges, or other material terms, we will electronically update this Online Banking Agreement or send an e-message notice to you at the address shown on our records at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days before the change. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. The applicable Account Disclosure Statement governs changes to fees applicable to those specific accounts.
19. Security Procedures
By accessing Online Banking, you hereby acknowledge that you will be entering a protected web site owned by First PREMIER Bank, which may be used only for authorized purposes. The Bank may monitor and audit usage of the System and all persons are hereby notified that use of the Services constitutes consent to such monitoring and auditing. Unauthorized attempts to upload information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986.
20. Fees. Fee Schedule
There is no charge for the Online Banking service, which includes access to all Eligible Accounts.
Customer, in consideration of being allowed access to Bank's Service, agrees to indemnify and hold the First PREMIER Bank harmless for any losses or damages to the Bank resulting from the use of the Service, to the extent allowed by applicable law.
I/We understand that I/we are the only individual(s) authorized to use Online Banking and that such use signifies agreement to the terms and conditions set forth in this Online Banking Agreement.