Agreement & Disclosure Statement
PLEASE READ THIS AGREEMENT & DISCLOSURE CAREFULLY BEFORE AGREEING TO ITS TERMS AND CONDITIONS. BY ACCEPTING THIS AGREEMENT & DISCLOSURE, YOU ACKNOWLEDGE AND AGREE THAT ITS TERMS AND CONDITIONS WILL APPLY TO AND GOVERN YOUR USE OF THE NET.ACCESS24 INTERNET BANKING SERVICES OFFERED BY FARMERS BANK & TRUST ("FARMERS", "FBT", OR "BANK"); THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT & DISCLOSURE, AND THAT THESE TERMS AND CONDITIONS CONSTITUTE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND THE BANK.
If you have questions about this Agreement & Disclosure or its terms and conditions, please contact our Account Services Department at (870) 235-7080 in Magnolia or (870) 836-5701 in Camden before agreeing to or accepting this Agreement & Disclosure.
1. Introduction
This NET.ACCESS24 INTERNET BANKING AGREEMENT & DISCLOSURE (referred to throughout the remainder of this document as the "Agreement") between you (referred to as "you" or "the Customer") and Farmers governs your use of Farmers' Net.Access24 Internet Banking Services, defined as any electronic service provided by the Bank that permits you to access financial services or account information through the Internet by use of a personal computer (referred to throughout the remainder of this document as "Net.Access24"). By using Net.Access24, you agree to all of the terms and conditions of this Agreement. Please read it carefully and keep a copy for your records.
You are responsible for providing your own access to the Internet through the Internet Service Provider of your choice.
The terms and conditions of this Agreement are in addition to, and shall supplement, the terms, conditions, rules and regulations that apply to any of your existing Farmers accounts or services of the Bank which you currently use.
2. Definitions
In addition to those terms, which have been previously defined in this Agreement, the following terms used in this Agreement shall have the following meanings:
"Farmers" or "Bank" -- In addition to Farmers Bank & Trust, "Farmers", "FB&T" or "Bank" shall refer to any agent, independent contractor, designee, or assignee which Farmers Bank & Trust may involve in the provision of Net.Access24.
"Net.Pay24" -- Refers to the optional electronic bill payment service offered by Farmers through Net.Access24. As previously defined in this Agreement, references to "Net.Access24" includes Net.Pay24.
"Business Day" -- Any calendar day other than Saturday, Sunday, or any banking holiday observed by Farmers (which will generally be any day other than a Saturday or a Sunday on which the Little Rock branch of the Federal Reserve Bank of St. Louis is closed for business).
"Business Day Cut-Off Time" -- The latest time on any Business Day at which Farmers will accept a transaction through Net.Access24 for same-day ledger posting to the affected Farmers Account or Accounts. For Net.Access24 transactions and Net.Pay24 bill payment transactions, this time is currently 4:00 P.M. Central Time.
"Account" -- Any deposit account at Farmers of which you are the owner or an authorized signer. For transactions conducted using Net.Access24, "Account" may mean any business account type offered by Farmers Bank & Trust.
"Personal Identification Number (PIN)" -- A unique code will initially be assigned to each customer by the Bank but thereafter to be selected by the customer. Each customer must use their unique Net.Access24 PIN and ID to obtain account information and perform transactions through Net.Access24.
"Rules" – Farmers’ rules and regulations for its accounts, include those rules about the use of Net.Access24 and those about Electronic Funds Transfer Services.
"Transaction" -- A debit or credit to an Account, including a withdrawal, deposit, transfer, or purchase.
3. About Net.Access24 Internet Banking
Net.Access24 consists of an online banking web site, which provides you and other Net.Access24 users with a complete array of financial services. Net.Access24 enables you to review your current and historical Account information, transfer funds between your Accounts, and initiate bill payments through Net.Pay24 bill payment. The availability of each type of information or financial service to you is dependent upon the type or types of Farmers Accounts you maintain, the extent to which you have identified each of your Accounts on your Net.Access24 Internet Banking Services Application, and any applicable statutory or regulatory limitations. The use of Net.Access24 does not affect the applicable minimum balance requirements of, or rates of interest payable on, any Farmers Account.
4. Internet Security Information
Farmers’ Net.Access24 Internet Banking system is part of the Jack Henry & Associates' NetTeller Home Banking Network, which utilizes a comprehensive security strategy to protect your Accounts and Transactions conducted over the Internet. In addition to log-on security, Net.Access24 uses SSL (secure socket layer) encryption technology for all information and banking Transactions you exchange or conduct through the system. Your Internet browser automatically activates this technology when it attempts to connect to Net.Access24. It will support 128-bit key lengths. Whenever SSL is securing your communications, your browser will typically indicate a "secure session" by changing the appearance of a small icon of a padlock at the bottom of the screen from Open to Locked. What this means to you is that
your communications are scrambled from your browser to the Bank's servers at all times, so no unauthorized party can read the information as it is carried over the Internet.
During each session in which you use Net.Access24, the Bank will pass a "Cookie" to your browser for the purpose of identifying you during that session. A "Cookie" is security data that is given to an Internet browser by a web server that is returned by the browser to the server on subsequent transmissions to identify the user and encryption information. When you log onto Net.Access24, a "Cookie" enables the Bank to process multiple Transactions during the same communication session without you having to provide your Net.Access24 ID and Net.Access24 PIN for each individual Transaction. Whenever you log off of Net.Access24, or whenever you remain logged on to Net.Access24 for ten (10) consecutive minutes without actively using Net.Access24 to obtain new Account information or conduct a Transaction, the same Cookie is no longer accepted by the server and must be renewed through re-entry of your Net.Access24 PIN. A new Cookie is used for each log-on session, so no one can use the "Cookie" to access your Account without entering your Net.Access24 PIN.
In addition to the security measures described above, there may be other security notices posted on Farmers’ general web site or the Net.Access24 web site regarding security issues. It is your responsibility to read all applicable notices. One of the main security features guarding the use of Net.Access24 is the unique combination of your Net.Access24 ID and PIN. It is important that you protect the security of your Net.Access24 ID and PIN by keeping them secret. By entering into this Agreement and using Net.Access24, you agree to protect the security of your Net.Access24 ID, Net.Access24 PIN, and any other numbers, codes, marks, signs, keys, or other means of identification of you as a Net.Access24 user, which may be devised or established from time to time.
FB&T reserves the right to block your access to Net.Access24 to maintain or restore security to the Bank's account information and data processing systems if the Bank reasonably believes your means of identification as a Net.Access24 user (including, but not limited to, your Net.Access24 PIN, ID, or other Net.Access24 access codes) have been or may be obtained or are being used or may be used by an unauthorized person or persons. You are liable and responsible for all Transactions made through Net.Access24 using your means of identification, whether those Transactions are made by you or any person you authorize, permit or enable to have your means of identification (even if the person exceeds your authority) or by any person who obtains through you, by whatever means, your means of identification. If you have given someone your means of identification and wish to terminate their authority, or if you know or believe that your means of identification has been or is otherwise compromised, you must notify the Bank so that the Bank can take the necessary steps to change the means of identification. You agree to defend, hold harmless, and indemnify the Bank from and against any and all claims of any nature arising out of any such access by a person you have authorized, permitted or enabled to have access to your Farmers’ Accounts via Net.Access24.
5. Registration Process
In order to obtain and use Net.Access24, you must complete our initial registration process. The Net.Access24 registration process involves completing an application that will identify your Farmers Accounts and all information we will need to make Net.Access24 available to you. The Bank's Account Services Department will verify the information you submit on the application for accuracy and authorization to access the identified Accounts. In about one week, you will be notified when your Net.Access24 service will be activated.
6. Log-on Security
As noted in Section 4 of this Agreement, security is very important to Net.Access24. Prior to activation of your Net.Access24 service, Farmers’ Account Services Department will verify your identity and authorization to obtain information and conduct Transactions on the Accounts you have requested us to include in your Net.Access24 service. Within one week, you will receive a unique Net.Access24 ID and Net.Access24 PIN. After your initial sign-on to Net.Access24, you will be prompted by Net.Access24 to change your PIN.
To help prevent unauthorized access to Net.Access24 and ensure the security of your Accounts, we will end your Net.Access24 online session if we have detected no activity for ten (10) minutes. This procedure is to protect you in case you accidentally leave your computer unattended while you remain logged on to Net.Access24. When you return to your computer, you will be prompted to re-enter your Net.Access24 PIN, and your session will continue where you left off.
Because your Net.Access24 PIN is used to access your Accounts, you should treat it as you would any other sensitive personal data. You should carefully select a Net.Access24 PIN that is hard to guess. Keep your Net.Access24 PIN safe. Memorize your Net.Access24 PIN and never tell it to anyone. You may consider changing your Net.Access24 PIN occasionally, such as every 90 days. This can be done from the "Services" menu at any time after you log on to Net.Access24.
7. Accounts
You may request access through Net.Access24 to any Farmers account of which you are either an owner or an authorized signer. If you desire services that allow you to initiate payments or transfers from the account, you will need required withdrawal authority over the account to be able to complete the transaction. By using Net.Access24, you agree to maintain one or more Accounts with us and to keep sufficient balances in your Account or Accounts to cover any transactions and fees that are ultimately approved by or related to Net.Access24. If an Account included in your Net.Access24 access is jointly held or has multiple signers, you agree that any and all use of your Net.Access24 ID and PIN to obtain information concerning the Account and initiate transactions on the Account is authorized unless we have been notified to cancel your Net.Access24 service.
When you instruct Farmers to transfer funds between or among your Accounts through Net.Access24, you authorize the Bank to withdraw the necessary funds from the Account you designate. As with any funds transfer request, whether or not utilizing Net.Access24, you agree that you will instruct the Bank to make a withdrawal only when a sufficient balance is or will be available in your designated Farmers account at the time of the withdrawal. Farmers will not be obligated to act on any withdrawal instruction from you if sufficient funds, including any overdraft lines of credit previously established for you, are not available in the Account you designate.
8. Fees For Net.Access24 - Business Customers
Fees for Net.Access24 service, including Net.Pay24 bill payment, are set forth in the Net.Access24 Service Charge Schedule for Consumer Customers, which is attached to this Agreement as Exhibit "A." These fees are subject to amendment from time to time through the procedure for amendments to this Agreement set forth in Section 20 hereinafter.
9. Cancellation Of Net.Access24 Service
Your Net.Access24 service may be canceled in whole or in part by Farmers at any time without prior notice for any reason, including, but not limited to, insufficient funds in one or more of your Accounts or other circumstances that may create an unanticipated liability to the Bank. The Bank will use commercially reasonable measures to notify you of in advance of such cancellation, but is not obligated to do so.
After such cancellation by the Bank for insufficient funds, your Net.Access24 service may be reinstated by the Bank once sufficient funds are available in your Accounts to cover any fees and other pending transactions or debits. You may request reinstatement of Net.Access24 service after such cancellation by calling Account Services at (870) 235-7080 in Magnolia or (870) 836-5701 in Camden. The Bank reserves the right to refuse to reinstate Net.Access24 service canceled by the Bank.
You may cancel your Net.Access24 service at any time by notifying the Bank by mail to Farmers Bank & Trust, Attention: Net.Access24 Internet Banking Account Services, P.O. Box 250, Magnolia, AR 71754. In the event of cancellation of your Net.Access24 service by either you or the Bank, you will remain responsible for all transactions approved by Net.Access24 prior to the cancellation, together with any other fees associated with Net.Access24 service.
10. Balance Inquiries, Bill Payment And Funds Transfer Limitations
You may use Net.Access24 to check the balance of your accounts and to transfer funds among your Accounts. According to Federal regulations, you may not make more than six (6) pre-authorized or automatic transfers from any Money Market Deposit Account or Savings Account during any single monthly statement period. There are no limits to the number of transfers or bill payments, which can be made from any Checking Account (including the following Farmers account types: Regular Checking, Economy Checking, Ultimate Free Checking, Choice Checking, Red Apple Checking, A+ Checking, Classic Club Checking, Elite Club, Blue Chip Checking or Checking With Interest).
Farmers’ Net.Pay24 bill payment service is currently available for use only with Farmers Checking Accounts.
The balances in your Account(s) shown by Net.Access24 may include deposits still subject to verification by the Bank, and will not include any check deposit during the same Business Day that the deposit is delivered to the Bank. The Account balances shown by Net.Access24 may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may
not result in immediate availability because of the time required to process the request. If you have further questions, contact the Bank's Account Services Department.
The Account balances shown by Net.Access24 are updated periodically, and Net.Access24 will display the most current "as of" date on its "Accounts" summary page. There may be situations that cause a delay in an update of your balances. Net.Access24 will use the most current balance available in the Bank's primary computer records at the time of a Transaction request in determining whether to approve the request.
11. Net.pay24 Bill Payment Service
It is easy to pay bills on line through Net.Access24 using Farmers’ Net.Pay24 bill payment service. Simply set up your Payees by choosing from the database of Vendors (Payees) that already exist, or by entering necessary information about a Payee to schedule a payment. We are able to process payments to any Payee which has a U.S. Postal Service address with the exception of federal government. The Bank maintains a large vendor database of regional or national billers to make this process quicker and easier. The Net.Pay24 bill payment service will also allow you to see a history of all payments made from your Accounts.
Your daily limit for the total dollar amount of bill payments approved is governed by the daily available balance reflected in the Bank's records for the checking account you elect to use for making the payments but no single payment can exceed $9,999.99. You can withdraw up to the available balance shown for the Account, not exceeding $9,999.99 for any single payment, as long as this balance represents sufficient funds to cover the total payments you have requested. Each payment will normally be charged to your account on the business date it is approved. Any bill payment fees assessed by the Bank in accordance with the Net.Access24 Service Charge Schedule will be charged one time per month.
If for any reason a scheduled bill payment cannot be made by Net.Pay24 due to insufficient funds in your checking account, it will automatically reschedule the payment for the following Business Day. The Net.Pay24 system will notify you of this action by sending you a "message" that will appear the next time you log on to Net.Access24. Net.Pay24 will continue to attempt to pay the bill on each following Business Day until there are either sufficient funds to make the payment or you cancel or reschedule the payment.
Although bill payments may be scheduled for the current Business Day or any date in the future at any time, they will only be processed once a day at our Net.Pay24 Business Day Cut-Off Time (4:00 P.M. Central Time). If you attempt to schedule a payment for the same Business Day after the Net.Pay24 Business Day Cut-Off Time, Net.Pay24 will notify you that you need to change the payment date to the next Business Day. Anything scheduled on a non-Business Day, or after the Net.Pay24 Business Day Cut-Off Time, will not be sent out until the following Business Day. Since we must forward the funds and billing information to the Payee, some lead-time for payments is necessary. In general, Net.Pay24 will attempt to tell you when you can expect the payment to be received by the Payee. The estimated payment arrival date is typically shown on the check screen below the amount line, in the area where you schedule the payment date. Net.Pay24 assumes the Payee/Vendor of each payment will promptly process the payment on the Business Day it is received. Any delays caused by the Payee/ Vendor would result in additional days before the payment would show on the Payee/Vendor's records. By using Net.Pay24, you authorize Farmers, and any third-party payment processing agent that we may use, to choose whatever method we feel is the most effective method (electronic or paper check) to process each of your payments.
The minimum time frame you should allow between the initiation of each payment and the date on which the payment is due will generally be determined by the way in which the payment is to be sent to the payee. If we have to send a paper check through the U.S. Postal Service, we suggest that the payment should be initiated at least ten (10) Business Days prior to the Business Day on which the Payee is to receive the payment for processing at its address. If the Payee will accept the payment electronically, we believe sufficient lead-time for initiating the payment will be four (4) Business Days prior to the date on which the Payee is to receive the payment. In all cases, regardless of whether a payment is to be sent by paper check or electronically, the payment should be delivered to the Payee/Vendor by the tenth (10th) Business Day after the payment was approved by Net.Pay24 and charged to your Account.
12. The Bank's Liability For Incomplete Bill Payment Transactions
It is the Bank's responsibility to process all bill payments properly initiated through the Net.Access24 / Net.Pay24 system in accordance with this Agreement. We will be liable for damages, as defined in this Agreement, where Net.Access24 caused a payment delay or failed to process a payment to be received by
the Payee/Vendor by the tenth (10th) Business Day following the date on which your Account was charged for the payment. Funds transfers will be processed within two (2) Business Days of your completion of the funds transfer Transaction in Net.Access24.
The Bank will not be liable if any of the following occurs:
A. The available balance in your Account that is to fund the bill payment or funds transfer is insufficient at the time that Net.Access24 attempts to complete the Transaction; B. Funds in your Account are subject to legal process or other encumbrances restricting the bill payment or funds transfer; C. You had knowledge of or questions about the possible malfunction of Net.Access24 or the Bank's main computer system when you initiated the bill payment or funds transfer; D. The failure of Net.Access24 to complete the bill payment or funds transfer was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably designed and adapted to avoid any such error; E. Any information you provide about the Payee is incorrect; F. There are any delays in the handling of the payment by the Payee; G.
Natural disasters (fire, flood, tornado, etc.) or other uncontrollable circumstances (mail delays, power failures, civil disobedience, etc.) prevent proper completion and delivery of payments despite reasonable precautions we have taken; H. Other applicable laws and/or regulations exempt us from liability; I. It can be shown that the merchant or Payee received the payment within Net.Access24's normal delivery time frame and failed to process the payment through no fault of the Bank or its service providers; J. It can be shown that the delay was caused by unusual mailing delays by the U.S. Postal Service; K. It can be shown that the delay may have been caused by a malfunction in communications facilities not under the Bank's control that may have affected the accuracy or timeliness of the bill payment or funds transfer; L. It can be shown that the delay may have been caused by a malfunction in your Internet Service Provider or browser software, or by a computer virus or related problem which may be attributable to your Internet Service Provider, your use of the Internet, or your use of any computer software or diskette; or K. If the delay causes you no losses or damages which you can prove in court.
13. Notice Of Your Rights And Liabilities
Notify the Bank immediately if your Net.Access24 ID and PIN have been compromised, lost, stolen, or used without your authorization. Failure to notify us immediately could result in your loss of all funds accessible through your Net.Access24 PIN. Telephoning us at (870) 235-7080 in Magnolia or (870) 836-5701 in Camden is the best way of limiting your possible loss. You could lose all the money in your Accounts, plus the full amount of any pre-approved overdraft line of credit, if you have one.
If we are notified within two (2) Business Days after you discover that your Net.Access24 ID and PIN have been compromised, lost or stolen, you can lose no more than $50 if someone used it without your permission. If you do not notify us within two (2) Business Days, and we can prove we could have prevented someone from using your Net.Access24 ID and PIN without your permission, you could lose as much as $500.
If your statement shows unauthorized transfers, notify us within sixty (60) days after the statement is mailed to you or viewed on your computer. After sixty (60) days, if we can prove that we could have stopped someone from taking the money if we had been told, you may not get back any money from us. If a good reason such as a long trip or hospital stay kept you from telling us, we may extend the sixty (60) day time period for notification to a reasonable time.
You may terminate any agreement authorizing funds transfers to or from your Account by written notice to both the person and company initiating the transfer and Farmers. Only funds transfers scheduled to occur after the Bank receives your notification are affected. Your written notice must be received by the Bank with enough time so that both the Bank and the other person or company have a reasonable opportunity to act on your request.
14. Errors And Questions
In cases of errors or questions concerning transactions completed with Net.Access24, do one of the following, as soon as possible:
A. Telephone Net.Access24 Banking Service Support at (870) 235-7080 in Magnolia or (870) 836-5701 in Camden; or B. Write to the Bank at Farmers Bank & Trust, Attention: Net.Access24 Banking Account Services, P.O. Box 250, Magnolia, AR 71754; or C. Initiate a payment inquiry on your PC through E-Mail to fbtarkansas@arkansas.net.
We must hear from you within sixty (60) days after you receive the first statement or notification in which the error or problem appeared. Please include the following information:
A. Your name; B. Your Account Number and Net.Access24 ID; C. Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more information; D. The amount of the error; and E. If the error is a Net.Pay24 bill payment error, include the following additional information: the account number of the Farmers checking account used to pay the bill; the Payee name; the date the payment was sent; the confirmation number for the payment received through Net.Access24; the payment amount; your account number with the Payee for the payment in question.
We will tell you the results of our investigation within ten (10) Business Days after we hear from you. If we need more time we may take up to forty-five (45) Business Days to investigate. If we choose to take up to forty-five (45) Business Days, we will give you a provisional credit to your Account within ten (10) Business Days. If we decide there was no error, we will furnish you with a written explanation within three (3) Business Days after the investigation is complete.
15. Limit Of Bank And Other Providers' Responsibility
Farmers agrees to make reasonable efforts to ensure full performance of Net.Access24. The Bank will be responsible for acting only on those instructions sent through Net.Access24, which are actually received, and cannot assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send. Farmers is not responsible for any losses or delays in transmission of instructions arising out of the use of any Internet Service Provider or caused by any browser software. Any information you receive from Farmers can only be provided on a best-efforts basis for your convenience and is not guaranteed. The Bank is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information. Farmers is not responsible for any computer virus or related problems which may be attributable to Net.Access24 or to any services provided by any Internet Services Provider. The Bank may on a regular basis perform maintenance on Net.Access24 or other equipment and systems operated by the Bank or its service providers, which may result in interruption of Net.Access24 service, and
the Bank will not incur any liability to you as the result of any such interruptions. Except for the Bank's liability for its own negligence, neither the Bank, any of its affiliates, or any of their respective officers, directors, employees, or agents, is responsible for any direct, indirect, special, incidental or consequential damages arising in any way out of the use of Net.Access24.
FARMERS MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING NET.ACCESS24, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS, AND THEN ONLY TO THE EXTENT, THAT DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
16. Disclosure Of Account Information To Third Parties
Information about your Account(s) or the Transactions you initiate will be disclosed to third parties only if at least one of the following applies:
A. It is necessary to complete a Transaction; B. To verify the existence and condition of your Account to a credit bureau or merchant; C. To comply with a governmental agency, court order, or lawful subpoena, or to a person authorized by law to inspect or review our records in the course of such person's official duties: D. To any attorney or collection agent of the Bank; E. To an employee or outside auditor of the Bank solely for the purpose of an official audit or accounting, or to any other person for the purpose of servicing your Account relationship, including preparation of the periodic statement of account, but only to the extent actually necessary to accomplish such purposes; F. If permission is given by you, which we may require to be in writing; G. To collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning Net.Access24; H. It involves a claim by or against us concerning a deposit to or withdrawal from your Account; I. Where otherwise required or permitted under state or federal laws and/or regulations.
17. No Signature Requirements
When any payment or other on-line service generates items to be charged to your Account, you agree that the Bank may debit the designated Account, or the Account on which the item is drawn, without requiring your signature on the item and without any notice to you.
18. Assignment
Farmers may assign it rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party. You may not assign any of your rights or duties under this Agreement at any time.
19. Amendments
The Bank may amend this Agreement in whole or in part at any time. If such an amendment changes any term(s) or condition(s) of this Agreement in a manner which would result in a greater cost or liability to you, or decrease or limit access to your Account(s), the Bank will notify you in writing at least thirty (30) days in advance by mailing a written notice covering the substance of the amendment to your current address shown in Bank records. The amendment will be in effect for Transactions after its effective date. If you do not agree with the change(s), you must notify us in writing prior to the effective date of the amendment that you wish to cancel your Net.Access24 service. You understand that by using Net.Access24 after you have been notified of such an amendment and it becomes effective, you will have agreed to the amendment and are bound by its terms. Amendments or changes to Net.Access24 and the term(s) or condition(s) of this Agreement may be made by the Bank without prior notice to you if such amendments or changes do not result in higher fees, restriction in service, or increased liability to you.
20. Entire Agreement
This Agreement is the entire agreement between you and Farmers regarding your use of Net.Access24, and it supersedes any prior discussions and agreements between you and the Bank regarding Net.Access24, and supersedes any marketing or similar material pertaining to Net.Access24 delivered to you in writing, verbally or obtained at any Bank Internet site or the site of any Internet Service Provider. This Agreement supplements any other agreements or disclosures related to your Account(s), including, but not limited to, the Bank's standard deposit account agreement and disclosures. In the event of a conflict between this Agreement and any other agreement between you and the Bank concerning your Account(s), or any statements made to you by employees or agents of the Bank concerning your Account(s), this Agreement shall supersede and control.
21. Governing Law
The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas. Any issue relating to an account or service with Farmers, which you access through Net.Access24 shall be governed by the laws specified in the agreement for that Account or service if there is a separate agreement for that Account or service.
BY SUBMITTING A NET.ACCESS24 SERVICE APPLICATION TO FARMERS, YOU WILL BE ACKNOWLEDGING AND AGREEING THAT THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT WILL APPLY TO AND GOVERN YOUR USE OF NET.ACCESS24. IF YOU WISH TO PROCEED TO SUBMIT YOUR NET.ACCESS24 APPLICATION TO THE BANK, PLEASE INDICATE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND ITS TERMS AND CONDITIONS, AND THAT YOU INTEND TO CREATE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND THE BANK, BY SIGNING THIS AGREEMENT IN THE SPACE BELOW MARKED "CUSTOMER SIGNATURE."
EXHIBIT A
To Farmers Bank & Trust Net.Access24 Internet Banking Agreement & Disclosure
Net.Access24 Service Charge Schedule For Business Customers
Net.Access24 Access Only:
No Charge for any Farmers Bank & Trust Account Products.
Net.Access24 Access Plus Net.Pay24 Bill Payment:
No charge for individuals.
The following charges will also be assessed: Insufficient Funds $15.00, Stop Payment $15.00, Additional New Bill Pay Kits $1.00, Canceled Check Copy $2.50. Such fees, however, may change from time to time. You agree to pay all fees applicable to the Service. The service charges set forth in this Schedule are for Net.Access24 access and/or Net.Pay24 bill payment only. Service charges assessed by Farmers for other services, including any monthly service charges, NSF’s and Stop Payments are in addition to the charges shown on this Schedule. The service charges shown on this Schedule do not include charges for general access to the Internet assessed by an Internet Service Provider.
