First United Online Banking Agreement


This Online Banking Agreement states the terms and conditions for Online Banking offered by First United Bank & Trust Company (the “Bank”). When you use, or you permit any other person(s) to use First United Online Banking, you agree to the terms and conditions of this Agreement. These terms and conditions are in addition to those that apply to any accounts you have with the Bank. This Agreement is an addendum to the existing Loan and/or Deposit Account Agreement that you received when opening your account, as amended from time to time.

Unauthorized use of First United Bank & Trust Company Websites and systems, including but not limited to unauthorized entry into First United’s systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.

DEFINITION OF TERMS

• “You” and “Your” means any person who applies for First United Online Banking with First United through completion of a First United Online Banking Application and all persons authorized by the applicant to use their Online Banking Identification (ID) and Password or other means of access we establish or approve.
• “We,“ us,” “our,” “Bank,” and “First United” refer to First United Bank & Trust Company or any agent, independent contractor, designee, or assignee the Bank may, in its sole discretion, involve in the provision of Online Services.
• “Business Day” shall mean Monday-Friday, except for federal banking holidays.
• “Internet Banking Agreement”, or “Agreement” means First United’s Online Banking Agreement.
• “Internet Banking”, “Online Services”, or “Online Banking” refers to First United’s Online Banking and means our service that allows you to make payments, transfer funds, access accounts, obtain information, and perform other transactions via the Internet by use of a personal computer and modem and/or other means we authorize or allow.


SYSTEM REQUIREMENTS

To access your accounts through First United Online Banking, you must have a First United account and complete a First United Online Banking Application. In addition, you will need a personal computer, Internet service through the provider of your choice, and a compatible web browser with a minimum of 128-bit data encryption. We strongly advise the use of Internet Explorer Version 7 or above. Any earlier version poses significant risk to First United Bank and the customer account, and may be restricted from accessing online banking. You may download a compatible web browser for free at:

www.microsoft.com for Microsoft Internet Explorer® - (PC)
www.mozilla.org/en-US/firefox/new/ for Mozillla FireFox® - (PC)
www.apple.com/safari/download/ for Safari – (Mac)

You are responsible for the installation, maintenance and operation of your computer and your browser software. The risk of error, failure, or non-performance is your risk and includes the risk that you do not operate your computer or your software properly. The Bank is not responsible for any errors or failures from any malfunction of your computer or your software. First United is not responsible for any electronic viruses that you may encounter. The Bank is not responsible for any computer virus-related problems that may be associated with the use of Online Banking. The Bank has no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or your software.

ACCESS TO FIRST UNITED ONLINE BANKING

Access to First United Online Banking requires a unique Online Bnaking identification number established by us, or alias Online Banking ID established by you, together with a password. Anyone to whom you give your Online Banking identification number, or alias ID, and password will have full access to your accounts.

UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR FIRST UNITED ONLINE BANKING IDENTIFICATION (ID) OR PASSWORD

If you believe your Online Banking identification number, alias ID, or password have been lost or stolen or that someone has used them without your authorization, immediately change your Online codes. Contact us immediately by writing, calling or e-mailing our customer care center at:

First United Bank & Trust Company
PO Box 130
Durant, OK 74702

Toll free: (800) 924-4427 (Business hours only)

info@firstunitedbank.com


Include in the message your name, address, phone number, and a brief description of the problem. Do not include any confidential information including social security numbers, IDs, and Passwords via e-mail. First United will NOT solicit confidential or sensitive customer information via e-mail. Should this happen to you, please contact your local branch immediately.

RESETING YOUR FIRST UNITED ONLINE PASSWORD

If you have forgotten your Online Banking password, and have previously enabled Password reset, you can reset it by following the Password Reset instructions located on the Online Banking log in screen. If you have not previously enabled self reset, you can have your password reset by calling our Customer Care Center at (800) 924-4427.

DESCRIPTION OF SERVICES

1. Business Days/Hours of Operation. The Bank’s business days are Monday through Friday, except Federal Reserve holidays. The Bank’s normal business hours are Mon – Fri 7:30 a.m.– 6:15 p.m.; and Sat 8:00 a.m. - 1:00 p.m. Business hours are stated in Central Time (CT). First United Online Banking and Bill Payment are available 24 hours a day, 7 days a week except during maintenance periods or circumstances beyond our reasonable control. Any Online Banking transfers initiated between your First United accounts after 7:00 p.m. Central Time will be posted to the appropriate account on the next Business Day. Any Bill Payment Transactions initiated after 12:00 p.m. (noon) Central Time will be processed on the next Business Day. Any Bank-to-Bank Transfers initiated after 3:30 p.m. Central Time will be processed on the next Business Day.

2. Fees. The Bank will not charge you a fee for using First United Online Banking, Bill Payment, Bank-to-Bank Transfer Service, or Online Financial Management Tools. This is subject to change. We may assess a fee for any bill payment request drawn against insufficient funds in your Payment Account. You will reimburse us for any fees imposed by the Bank as a result of the return and you will reimburse us for any fees we incur in attempting to collect the amount of the return from you. Fees are subject to change.

3. You, or a person whom you have authorized to access your Online Banking account may perform the following transactions:

Balance Inquiries. You may use Online Banking to check the current balance, view account transaction history (except mortgage loans with First United Bank Mortgage) and other account information on all your deposit accounts, loan accounts, and time deposit accounts.

Withdrawal Transaction. You may use Online Banking to perform an unlimited number of funds transfers from your Bank checking or savings accounts to other Bank checking, savings or loan accounts (except First United Bank Mortgage loans). The dollar amount is limited only by your account balance. Funds transfers from Online Banking are considered preauthorized.

Withdrawals from your Bank checking account may cause advances from the unused portion of any overdraft limit that may be available on your account. This will result in finance charges being incurred.

Statement Inquiries. You may use Online Banking to view and print copies of your deposit account statements from the last 182 days.

eStatements: You may use Online Banking to view and print copies of your deposit account eStatements from the last 365 days.

Stop Payments. You may enter stop payments on checks provided they have not already been posted to your account. A fee applies as noted on the Stop Payment screen message.

Customer Service. You may communicate with the Bank by using a personal computer to send and receive written messages electronically. E-mail is not a secure communication method. Do not include any private information in your message. E-mail transmitted to us often will not be delivered to us immediately. If you need to contact us immediately, you should call us at 1-800-924-4427 during regular business hours.


BILL PAY

As used in this Agreement, the term “Payee” means the person or entity to whom you wish a bill payment to be directed; “Payment Instruction” means the information provided by you to us for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date); “Payment Account” means your checking account from which a bill payment will be made; “Business Day” means Monday through Friday, excluding Federal Reserve holidays; “Scheduled Payment Date” means the Business Day of your choice upon which your bill payment will begin processing (a Scheduled Payment Date of a non-Business Day will be considered to be the previous Business Day); and “Cutoff Time” means 12 p.m. Central Time (CT) on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day. To gain access to Bill Payment, you must sign on to First United Online Banking by entering your Online Banking ID and Password on First United’s web page. Select an option under “Bill Payment” from the Online Banking menu. To use Bill Payment, you must provide information online to us to identify your Payees. You can search the extensive database for existing Payees or set up a new Payee. You must provide sufficient information about a Payee to permit us to properly direct a payment and permit the Payee upon receipt of a payment to identify you as the payment source. You do this by filling in all required fields with accurate information, as directed by Bill Payment screen messages. By providing us with the names and account information of those Payees to whom you wish to direct payment, you authorize us to follow the Payment Instructions that we receive through the payment system. When we receive a payment instruction, you authorize us to debit your Payment Account and remit funds to the Payee on your behalf.

You will be able to set up the following types of bill payments:

a. Single Payment: You may schedule a payment to be made one time to a Payee. The payment may be scheduled on a future date or on the same day that you enter the Payment Instruction, provided you enter the Payment Instruction by the Cutoff Time.

b. Recurring Payment: You may schedule payments to Payees to be automatically initiated in a fixed amount on the same scheduled payment frequency. You may make payments weekly, bi-weekly, semi-monthly, monthly, quarterly, semiannually, or annually. If the Scheduled Payment Date does not exist in a certain month, then the payment will be initiated on the last Business Day of the month. For example, if you schedule a payment for the 30th of each month, your payment for the month of February will be initiated on or before the 28th day of February.

You will be provided a confirmation number for each payment you schedule using Bill Payment. This number is available on the Personal Payment Schedule prior to the scheduled Payment Date and on the Payment History screen under the Bill Payment menu if you need to refer to it in the future. The confirmation number will help us resolve any questions you may have concerning your transactions. You may not schedule duplicate payments. A duplicate payment is one that is scheduled to be made to the same Payee on the same date for the same amount as previously scheduled. A duplicated payment is different from a Recurring Payment. A Recurring Payment is scheduled for the same amount to the same Payee on a recurring schedule. The amount of any Single Payment or Recurring Payment shall not exceed $9,999,999.99. In addition, a Single Payment to a Payee must be “In Process” (hereinafter defined) before an additional Single Payment can be scheduled to the same Payee.

While it is anticipated that most transactions will be processed and completed on the next Business Day after your Scheduled Payment Date, and arrive approximately 3-5 Business Days after your selected Schedule Payment Date, it is understood that due to circumstances beyond our control, particularly delays in handling and posting payments by slow responding payees or financial institutions, some transactions may take a day or even a few days longer to be credited by your Payee to your account. For this reason, it is necessary that all Scheduled Payment Dates selected by you be no less than seven (7) Business Days before the bill’s actual due date if paid by check and three (3) Business Days before the bill’s actual due date if paid by electronic funds transfer, not the late date and/or a date in the grace period. Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in Bill Payment on the next Business Day. For Recurring Payments, this means that you must allow additional time for months in which weekends or holidays reduce the number of the Business Days between the Recurring Payment date and the bill’s actual due date. You will bear the responsibility for any and all late charges or penalties assessed by the Payee for Bill Payments not received or not received in a timely manner.

We will use our best efforts to make all your payments properly. However, we shall incur no liability if we are unable to complete any payments initiated by you through Bill Payment because of the existence of any one or more of the following circumstances:

a. If, through no fault of ours, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed any overdraft limit that may be available on your account;

b. Bill Payment or First United Online Banking is not working properly and you know or have been advised by us about the problem before you execute the transaction;

c. The Payee mishandles or delays the payment sent by us;

d. You have not provided us with the correct name, address, phone number or account information for the Payee, or you have not provided us with accurate personal information either during enrollment or on your Bill Payment Application, or you have otherwise provided incomplete Payment instructions; or,

e. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transactions and we have taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing five (5) exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Payment Account or cause funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Payment Account and for directing to the proper Payee any previously misdirected transactions.

The following payments are prohibited though Bill Payment:

a. Tax payments and other governmental fees;

b. Court ordered payments, alimony and child support payments; and

c. Payments to payees outside of the United States.

A bill payment is a “Scheduled Payment” starting from the time you enter Payment Instructions until the payment is “Processed”. A bill payment is “Processed” starting at the Cutoff times on the Scheduled Payment Date. You may cancel or edit any Scheduled Payment (including Recurring Payments) by following the directions within Online Banking and Bill Payment. There is no charge for canceling or editing a Scheduled Payment. A canceled payment will not appear on your Payment History.

We may not have a reasonable opportunity to act on any stop payments or cancellation order given after the payment is “Processed”. If you desire to cancel or stop any payment that has been processed, you must call (800) 924-4427. If you call, we may also require you to present your request in writing within fourteen (14) days after you call. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. Stop payment requests will be accepted only if we have a reasonable opportunity to act on such requests. Stop payment requests sent to us via electronic mail or in any other manner may not reach us in time for us to act on your request. The charge for each stop payment order will be the then current charge for such service, as amended from time to time.

Once your scheduled bill payment is “Processed”, we will relay your payment information to a third party vendor, who in turn will remit payment to your Payee by one of the following means, at the vendor’s sole discretion: (1) by electronic funds transfer; (2) by mailing your Payee a check drawn on your Payment Account. The time when your scheduled bill payment is debited from your Payment Account is based on the payment method: (1) an electronic funds transfer will be debited from your Payment Account on the date the payment is schedule, (2) a check payment will be debited you’re your Payment Account on the date the check is received by First United Bank.

a. Statements. All of your payments made through Bill Payment will appear on your monthly account statement(s). You can also view payment activity on the First United Online Banking Account Activity screen.

b. Canceling the Bill Payment Service. You may cancel your use of Bill Payment at any time by sending an electronic message or request (see the e-mail section) or by calling the Bank at (800) 924-4427. If you notify us by telephone, we may request that you put your request in writing. We cannot cancel Bill Payment service until all Pending Payments have cleared your Payment Account. If you have Pending Payments and do not want to wait for them to clear, you may individually delete these future payments. The Bank may cancel or suspend Bill Payment in whole or in part, at any time without prior notice. Cancellation or suspension shall not affect your liability or obligations under this Agreement.

c. Returned Bill Payment Transactions. In using Bill Payment, you are requesting that we make payments for you from your Payment Account. If we are unable to complete the transactions for any reason associated with your Payment Account (for example, there are not sufficient funds in your Payment Account to cover the transaction), the transaction may not be completed. In some instances, you will receive an overdraft notice from the Bank. In such case, you agree that:

i. You will reimburse us immediately upon demand for the transaction amount that has been returned to us;
ii. You will reimburse us for any fees imposed by the Bank as a result of the return;
iii. You will reimburse us for any fees we incur in attempting to collect the amount of the return from you; and,
iv. We are hereby authorized to report the facts concerning the return to a credit reporting agency.

d. Address Changes. You agree to promptly notify the Bank of any address change, electronic mail address change, and/or any change to your telephone number.

e. Payee Limitation. We reserve the right to refuse to pay any Payee to whom you may direct a payment for security reasons or any other reason. We will notify you promptly if we decide to refuse to pay a Payee designated by you. This notification is not required, however, if you attempt to make a prohibited payment under this Agreement.

f. Information Authorization. Your enrollment in Bill Payment may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in Bill Payment, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that we reserve the right to obtain financial information regarding your account from a Payee to resolve payment-posting problems.

g. Closed Accounts. You are responsible for any outstanding Bill Payment payments if you choose to close your bill payment account. You are to inform the Bank of any outstanding payments at the time you close your bill payment account.

BANK TO BANK TRANSFER

Within Online Banking you may separately enroll for the Bank-to-Bank Transfer service. This service allows you to transfer funds between your linked personal accounts at First United Bank and certain accounts at other Financial Institutions. Please refer to the First United Bank-to-Bank Transfer Service Agreement for terms and conditions.

ONLINE FINANCIAL MANAGEMENT

We offer a variety of tools and services within Online Banking to help you better manage your finances. This includes account aggregation, bill analyzer, budget tools, and other tools to help manage your accounts. These tools and services are explained within Online Banking.

You agree:

• We may change these tools and services or add new ones without advance notice.
• You are responsible for the accuracy of all information you input.
• You will comply with any instructions or conditions for use of the services and tools as set forth within Online Banking.
• The tools and services are meant as aids to assist you with managing your accounts. They are not intended to provide legal, tax or financial advice.

ONLINE CASH MANAGEMENT

Additional agreements and fees may apply if you have been provided access to Cash Management services via First United Online Banking.

DAMAGES

THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, CAUSED BY OR THE USE THEREOF, OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, EQUIPMENT, SOFTWARE OR ANY INTERNET ACCESS SERVICES.

WARRANTIES DISCLAIMER

THE ONLINE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS”, AND WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, CONCERNING THE HARDWARE, SOFTWARE OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

MISCELLANEOUS TERMS

In addition to this Agreement, you agree to comply with all applicable account agreements, including, without limitation, the Loan and/or Deposit Account Agreement that you received when opening your account, as amended, and with all applicable State and Federal laws and regulations. The Bank may amend or change this Agreement (including all applicable fees and service charges) by requiring you to accept the revised First United Online Banking Agreement at any time in the future when you log in to Online Banking. Any use of the Online Services after you accept the revised Agreement online will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the programs, services and/or related material, and to limit access to Online Services with more recent revisions and updates.

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on your part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

We refer you to the Agreement that you received when opening your loan and/or depository account, as amended, for additional terms and conditions and disclosures that apply to your accounts with the Bank, as this Agreement is an addendum to such Loan and/or Deposit Account Agreement.

YOUR LIABILITY

Each of you agrees to the terms of these services and the schedule of charges that may be imposed. You are liable for transactions that you or any of you make or authorize. If you have given someone your Online Banking identification number, alias ID, and/or password and want to terminate that person’s authority, you must change your Online Banking identification number and password to prevent further access by such person and notify the bank that such person is not authorized.