PLEASE READ BEFORE ENROLLING IN FIRST PREMIER'S TRUST ONLINE
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 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
By accepting below, 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.
To receive your User ID and Password for viewing your account information on Trust Online, you must first read the following service agreement, acknowledge having read it, and agree to its terms and conditions by accepting at the bottom of this page.
First PREMIER Bank
Trust Online Agreement
This Agreement governs the use of Trust Online, 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:
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 or 866-951-6800 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 Liability 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.
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.
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 866-951-6800 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.
Trust Online is made available to First PREMIER Bank through SunGard.