INTERNET BANKING - BUSINESS ENROLLMENT AGREEMENT

 

RECITALS

  1. Company wishes to enroll in Internet Banking to access company’s accounts and to conduct financial transactions pursuant to the terms of this Agreement and Financial Institution is willing to accept enrollment request.

DEFINITIONS

As used in this Agreement:
Account and accounts mean your accounts at First National Bank of Tennessee.
Agreement means this Agreement along with any and all of the following which are now or hereafter executed or referenced in any connection with this Agreement, including, without being limited to an Internet Banking Enrollment Form,  Business Internet Banking System Fee Schedule (if applicable), ACH Origination Agreement, e-Statement Enrollment Form and such  account agreements and/or other documents as may be applicable to specific accounts accessed using said systems, all of the foregoing including any proper, written exhibits and/or amendments to any thereof.

Bank, First National Bank, First National, we, our and us mean First National Bank of Tennessee.

The term Business days means Monday through Friday, excluding Holidays.

Electronic funds transfers means ATM withdrawals, preauthorized transactions, point of sale transactions and all other transfers to and from your accounts using the System – including bill payments.

Enrollment Form means any form you execute in any connection with the request and/or authorization of either the initiation or any subsequent changes in the services and/or access provided to you through the System, and includes all additional information sheets, Fee Schedules etc. submitted in any connection therewith.

You and your refer to the accountholder authorized by us to use the System under this Agreement and to anyone else authorized by that account holder to access and/or exercise any other control over the accountholder’s funds and/or information through the System.

System, or BIB may mean our Business Internet Banking System, and vice versa.  System Services means any and all services provided pursuant to this Agreement, including Bill Payment Services, ACH Origination Services, e-Statements, Wire Transfers, Quickbooks or Microsoft Money functionality or any other BIB defined services.

AGREEMENT

This Agreement as defined herein, establishes the rules governing certain aspects of your electronic access through, and your use of, First National Bank of Tennessee’s Business Internet Banking System.

You should read this Agreement carefully since your use of the system will confirm your acceptance of all applicable terms and conditions, whether such are stated and/or referenced herein.  The terms and conditions in the individual deposit, loan and other such account agreements, disclosures, etc. for each of your accounts will continue to apply notwithstanding anything to the contrary in this Agreement.

This Agreement is also subject to applicable federal laws and the laws of the State of Tennessee except to the extent this Agreement can and does vary such rules or laws.  If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.  The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions.  Any express or implied waiver by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.  You may not assign this Agreement; however, if you are an individual this Agreement is binding upon your heirs, and in any case this Agreement is binding upon our successors and assigns.  Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement.  This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and First National Bank of Tennessee with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

ACCESS

To use the System, you must have (a) at least one deposit or loan account at First National Bank of Tennessee, (b) access to Internet service, and (c) an e-mail address.  Once we have received your signed Enrollment Form and verified your information, we will send you confirmation of our acceptance of your enrollment.     For those utilizing our ACH and/or Wire services, you will receive a Company ID, User ID, and an RSA Secure ID token that will be used when accessing our system. For those who only need use of QuickBooks, and/or have multiple users that need access, you will receive a Company ID, User ID, and a temporary password that the system will require you to change upon your first login to the system.   The System can be used for your access, maintenance and/or transactions involving only the accounts, users, and authority which you from time to time designate in your Enrollment Form.  Your designated company security administrator will add or delete company users.  Access to your accounts through the System will be based upon the authority specified by the most recent company Entity Authorization.  We undertake no obligation to monitor transactions through the System to determine that they are made on behalf of the accountholder.

SYSTEM SERVICES

You can use the System to check the balance of your First National accounts, view First National account histories, transfer funds between your First National accounts, make stop payment requests, view listings of your First National checks (and images of those checks as they become available), access your periodic e-Statement for your selected accounts, and (depending upon the level of service chosen by you and approved by us on your Enrollment Form) create ACH debit and credit files, upload ACH files, initiate Wire Transfers, download your financial information via Quickbooks or Microsoft Money,  pay bills from your First National accounts in the amounts and on the dates you request.

HOURS OF ACCESS

You can use the System seven days a week, twenty-four hours a day, although some or all System Services may occasionally be unavailable due to system maintenance, etc.  We will post notice of any extended periods of non-availability on First National Bank’s Internet Banking System website.

YOUR USER ID 

A company administrator is designated for each business that enrolls in our Business Internet Banking system. This administrator will be assigned a User ID at the time of enrollment, and they will be responsible for adding any additional users they wish to have access. When adding these users, an administrator must be sure their User IDs contain between 4-26 characters, and these are not case sensitive.

YOUR PASSWORD

Only those business customers who enroll in the QuickBooks, or Multiple User options will be required to use a password. Any additional users added by a company administrator will be given a password by that administrator. For security purposes, you are required to change your password upon your initial login to the Internet banking System.   Passwords must be a minimum of 8-12 characters long, and must contain at least 1 number, and these are case sensitive. The identity of your new password is not communicated to us.  Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.  You agree that we are authorized to act on instructions received under your password.  You accept responsibility for the confidentiality and security of your password, and we recommend that you change your password regularly.  If you forget your password, contact your administrator to assign you a new temporary password at which point you will be required to change at first login. Upon three unsuccessful attempts to use your password, your access to the System will be revoked.  You will then need to contact FNBOTN to have it reset.

ADVANCED LOGIN AUTHENTICATION

Advanced Login Authentication (ALA is a security system in which more than one form of authentication is implemented to verify the legitimacy of the transaction). First National Bank uses four different methods to validate its Business Internet banking customers at sign on:

  1. User ID and Password –User IDs are assigned to all users of our Business Internet Banking system. However, dependent upon the services being entitled to each company will determine whether that User has a password, or a Secure ID Token.
  2. Complex Device Profiling – During login, extensive details about your device and network are gathered and evaluated for consistency with your typical behavior and for any indication that fraud could be involved in the login. The result is used to determine the next step in the login process, if necessary. This includes devices such as computers, tablets, and smartphones.
  3. Step Up Authentication– Based upon the results of the device profiling, Business eBanking may require additional authentication. Out-Of-Band Authentication requires you to authenticate by the use of a one-time security code. The interaction occurs outside the online banking channel either using an automated voice call, or a text message to a mobile device.
  4. Secure Token Sign On – This solution relies on a token hardware device for a one-time security code. The security code along with a user defined Personal Identification Number (PIN) is used in place of the password during sign on.

**NOTE: This authentication method is used only for those customers who are submitting ACH, and/or Wire transactions.

SECURITY

You understand the importance of your role in preventing misuse of your accounts through the System and you agree to promptly examine your regular account statement for each of your First National accounts as soon as you receive it.  You agree to protect the confidentiality of all your account information, User ID, Password, Company ID, Security Token (if issued) and personal identification information, such as driver’s license and social security numbers.  You understand that personal identification information by itself, or together with information related to your account, could allow unauthorized access to your account.    For Full, Quickbooks or Multiple User enrollments, the system utilizes your user ID along with your Security Token (if issued) and user selected Personal Identification Number.  All of these work together to provide additional security against unauthorized entry and/or unauthorized transactions from being transmitted through the System.  Data transferred via the System is encrypted in an effort to provide transmission security.  Notwithstanding our efforts to ensure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others.  We cannot and do not warrant that all data transfers utilizing the System, or that e-mail transmitted to and from us, will not be monitored or read by others.

FEES AND CHARGES

You agree to pay the fees and charges for your use of the System Services as set forth from time to time in the current Business Internet Banking Fee Schedule.  You agree that all such fees and charges will be deducted from the First National checking account designated on your Enrollment Form.  If you close your designated account, you must contact us immediately to designate another account.  You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement.  You are also responsible for any, and all local, long distance or other telephone and Internet service fees you incur in connection with your use of the System.

POSTING OF TRANSFERS

Transfers between deposit accounts at First National Bank of Tennessee submitted through the System will be posted to your account balance when they are completed. Recurring Transfers or Scheduled Transfers having a future posting date will occur before 7am CST on the requested date.

Transfers between First National Bank of Tennessee deposit accounts to  First National Bank of Tennessee loan accounts for loan payments submitted through the System will be applied according to scheduled billing. Additional principal payments will be applied after all scheduled bills are paid. Payments transferred on any non-bank business day or after 9pm CT on a bank business day will be scheduled and processed the next bank business day.

You must and you do hereby agree that you will communicate with all other persons with authorized access to your accounts concerning any transfers from your accounts in order to avoid overdrafts.

OVERDRAFTS

If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:

  • Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority.
  • Electronic fund transfers initiated through the System which would result in an overdraft of your account may, at our discretion, be cancelled.
  • In the event the electronic fund transfers initiated through the System which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

LIMITS ON SYSTEM TRANSACTIONS

The number of transfers from First National accounts and the amounts which may be transferred may be limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts as well as by the Internet Banking System itself.  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.

BILL PAYMENT SERVICE

You must designate the First National account from which the payments are to be made; the complete name of the payee, the account number, and the payee’s remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be sent from your account.  By using the System Bill Payment Service option, you agree that based upon instructions received under your password or Company ID, we can charge your designated account by electronic transfer, no signature required draft, or by debiting and remitting funds on your behalf.  We reserve the right to refuse to pay any payee designated by you, due to legal, regulatory, or other reasons.  If we do so, we will notify you promptly.

SCHEDULING SYSTEM PAYMENTS

If the payee is to be paid by paper check you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until 5 to 8 business days after the date the payment is sent from your account.  If the payee is to be paid electronically, you understand and agree that the payee may not receive the payment until 72 hours after the date the payment is sent from your account.  You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.

HOW TO CANCEL A BILL PAYMENT

To cancel a bill payment that you have scheduled through the System, you must cancel the payment online via the System (by following the onscreen instructions) before 7:00 p.m. (Central Time) on the date the payment is scheduled to be sent from your account.

STOP PAYMENT REQUESTS 

Bill Payments

Stopping the payment of a check is different from the cancellation of a bill payment.  Once the bill payment has been scheduled, you may cancel it yourself online up until 7:00 p.m. (Central Time) on the schedule send date.  After 7:00 p.m. (Central Time) on the send date, you CANNOT cancel or stop a bill payment which has been paid electronically.  You may be able to stop a System bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared.  (You will have to contact us by telephone to determine if the paper draft has cleared.)  If the paper draft has not cleared, we will immediately process your stop-payment request.  We will notify you immediately if the paper draft has already cleared.  To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the Confirmation number from the Bill Payment History Screen.

Checks

You may initiate stop-payment requests through the Business Internet Banking System ONLY for paper checks that you have written (non-electronically) on your First National accounts (not System bill payer paper drafts).  Stop-payment requests which are submitted to the System on a business day will be processed on that day.  Stop-payment requests which are submitted through the System on a Saturday, Sunday, or banking holiday, or at a time that the System is temporarily out of service, will be processed on the morning of the next business day.  To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check. By pressing ‘Submit request’ you are sending a stop payment request to First National Bank which is legally binding for 6 months.

If you make your stop-payment request online or by telephone, we may also require you to put your request in paper form and get it to us within 14 days after you call.  You will incur stop-payment charges for any stop payment submitted, whether for a check written or a bill payment submitted through the SYSTEM, as disclosed in the current Business Internet Banking fee schedule for the applicable account (see Exhibit A – if applicable).

DISCLOSURE OF ACCOUNT AND TRANSFER INFORMATION

We disclose account, transfer, and other personal information only when required by law or when permitted by law and in accordance with our applicable privacy principles, statements, policies, procedures, etc. as then current and disclosed.  For example, we routinely inform credit bureaus when accounts are closed because they were not handled properly and may also seek such information from others such as these credit bureaus in connection with the opening or maintaining of accounts and/or approving access to the System.  You hereby acknowledge, agree to, and authorize all such transfers of information.

PERIODIC STATEMENTS

You will not receive a separate System statement.  Transfers to and from your accounts using the System will appear on the respective regular periodic statements for your First National accounts.

CHANGES IN TERMS

We may change any term of this Agreement at any time.  If the change would result in increased fees for any or all System Services, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of such change, unless an immediate change is necessary to maintain the security either of an account or of our electronic fund transfer system.  We will post any required notice of a change in terms on First National Bank’s Internet Banking System website or will forward it to you by e-mail, postal mail, or other courier.  If advance notice of a change in terms is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change within 30 days after the change becomes effective.  Your continued use of any, or all, of the subject System Services will indicate your acceptance of changes in terms.  We reserve the right to waive, reduce or reverse charges or fees in individual situations.  You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER

If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result.  However, there are exceptions.  We will NOT be liable, for instance, if:

  • You do not have enough money in your account to make a transfer, through no fault of ours.
  • A legal order directs us to prohibit withdrawals from the account.
  • Your account is closed, or if it has been frozen.
  • The transfer would cause your balance to go over the credit limit of any established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
  • You, or anyone authorized by you, commit any fraud, or violate any law or regulation.
  • Any electronic terminal, telecommunication device, or any part of the System electronic fund transfer system is not working properly, and you knew about the problem when you started the transfer.
  • You have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
  • You have not properly followed the on-screen instructions for using the System.
  • Circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

CONTACT US AT ONCE if you believe your password, User ID, Security Token and PIN (if issued) has been lost, stolen, used without your authorization, or otherwise compromised or if someone has transferred or may transfer money from your accounts without your permission.  An immediate telephone call to us is the best way to reduce any possible losses.  You could lose all the money in your accounts, plus all the money in any other accounts which are related to your accounts by automatic inter account funds transfer arrangements, plus the maximum amount of any automatic overdraft coverage arrangements you may have with us/

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the System Services provided to you under this Agreement.  We do not and cannot warrant that the System will operate without errors, or that any or all System Services will be available and operational at all times.  Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to the System, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty.  Further, in no event shall the liability of First National Bank of Tennessee and its affiliates exceed the amounts paid by you for the services provided to you through the System.

YOUR RIGHT TO TERMINATE

You may cancel your System service at any time by providing us with written notice by postal mail or fax.  Your access to the System will be suspended within 3 business days of our receipt of your instructions to cancel the service.  You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

OUR RIGHT TO TERMINATE

You agree that we can terminate or limit your access to System Services for any of the following reasons:

  • Without prior notice, if you have insufficient funds in any one of your First National accounts. System Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
  • Without prior notice, if it is determined that you have violated any of the NACHA Rules. System Service may be reinstated, in our sole discretion, if it is determined that any violation of the NACHA Rules has been corrected, was a one-time inadvertent event and that remedies have been put in place to prevent any future violations.
  • Without prior notice, if no user from your company signs on to the internet banking system for a period of 6 months.
  • Upon 3 business days notice, if you do not contact us to designate a new Checking Account immediately after you close your previously designated Checking Account for fee processing.
  • Upon reasonable notice, for any other reason we may determine in our sole discretion.

COMMUNICATIONS

If you wish to communicate with us regarding this Agreement, the System or System Services, except in circumstances where this Agreement provides otherwise, you may do so in any of the following ways:

E-mail

You can e-mail us: eBanking.info@fnbotn.com

Telephone

You can phone our Call Center:
From Cookeville or Algood – 931.528.2265
From Crossville or Fairfield Glade – 931.484.2265
From Livingston – 931.823.1261M
From Sparta – 931.739.8326

Facsimile

You can contact us by fax:
ATTN: PIB Administrator – 931.403.4476

Postal Mail

You can write to us:
First National Bank of Tennessee
PIB Administrator
P O Box 379
Livingston, Tennessee  38570

In Person

You may visit any of our offices:

First National Bank of Tennessee
330 West Main Street
Algood, Tennessee 38506

First National Bank of Tennessee
412 South Jefferson Avenue
Cookeville, Tennessee 38501

First National Bank of Tennessee
1386 North Main Street
Crossville, Tennessee 38555

First National Bank of Tennessee
5011 Peavine Road
Crossville, Tennessee 38571

First National Bank of Tennessee
214 East Main Street
Livingston, Tennessee 38570

First National Bank of Tennessee
1115 West Main Street
Livingston, Tennessee 38570

First National Bank of Tennessee
130 Sam Walton Drive
Sparta, Tennessee 38583

CONSENT TO ELECTRONIC DELIVERY OF NOTICES

You agree that each and every notice or other type of written communication provided to you relative or pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made either by U. S. or other Mail or courier service, by facsimile transmission, or electronically by e-mail to you, each to such addresses as we then have on file for you: or, electronically by posting the notice on First National’s Internet Banking System website,  You also agree that we, in our sole discretion may determine the method of delivery in each such case and that you will notify us immediately of any changes in your mailing, physical, facsimile, e-mail and/or other contact addresses.