NOTE: The Personal Online Banking Agreement has been updated to add Additional Terms and Conditions Applicable to Electronic Documents

 

Personal Online Banking Agreement

 

Please read this Agreement and Disclosure carefully and keep a copy for your records. By clicking the Accept button at the bottom of this agreement you agree to the terms and conditions set forth herein.

1.       General Information. First National Bank Alaska’s personal online banking system (System) will enable you to access account information such as balances and recent history on deposit and loan accounts, and, enable you to transfer funds to/from certain accounts for which you are granted access, based on the type of account and the capacity in which you sign on the account.  All escrow accounts for which your Tax ID is listed, either as a payor or payee may be accessed by use of the System to view balances and account information.

2.       Account Balances & Transfers. Account balance information available through the System may not reflect all transactions affecting the account. Transactions, including transfers in payment of indebtedness owed to Bank, are displayed in real-time, meaning that a transaction is displayed instantaneously to Customer and recorded in Bank’s mainframe computer. Nevertheless, recorded transactions initiated before 9:00 p.m. Alaska Prevailing Time are processed and the books of Bank are updated Monday through Friday after such cut-off time and prior to 6:00 a.m. the following morning (except on Bank holidays). While every effort is made to provide up-to-date data, Bank’s processing schedule makes it impossible to guarantee current data is always displayed on the System.

3.       Stop Payments. Any order of you to stop payment of a check to Bank by use of the System must include the following information: the date of the check, the amount of the check and/or the complete check number. In connection with any such order, you agree to hold Bank harmless for the amount of the check as well as for all costs or damages Bank may incur or suffer by refusing payment of the check. Furthermore, you agree that Bank will act upon any such order and will be bound by it only in accordance with the following provisions: (i) although it may not appear at the time of the order that the check has yet been paid or certified, it may have been, in which event the request is not effective; (ii) the order does not affect rights which others, including Bank, may acquire with respect to the check; (iii) Bank will rely on the correctness of the description of the check furnished by you with the order. (iv) payment of any check which is not correctly and completely described by the information furnished by you will not be in violation of the order; (v) the effectiveness of the order will expire without further notice from Bank 6 months after it is received by Bank, unless the order is renewed by you in writing in the form prescribed by Bank or by use of Bank Now! Online; and (vi) Bank will charge your account the current amount of Bank's stop payment fee immediately upon processing your stop payment order.

4.       Check Images. First National Bank Alaska shall make available images of cleared checks online on the current and previous statements. This service is provided as a convenience to our online customers. To review an image of your check, simply click on the check number hyperlink.

5.       E-Mail Messages/Instructions to Bank. Messages and instructions you send by electronic mail by use of the System will be reviewed periodically by Bank, on Business Days (Monday through Friday, excluding Bank holidays). If you require that action be taken by Bank within a limited period of time pursuant to such a message or instruction, you must speak personally with an authorized Bank employee to obtain confirmation that such message or instruction has been received by Bank, is in due form, and will prompt the intended action by Bank within the time you prescribe.  Bank will not process account transactions requested by use of email, including but not limited to, account transfers, wire transfers, stop payments, etc.  However, you may be able to conduct such transactions directly by use of the System.  You should not rely on email for time sensitive communications, such as to report unauthorized transactions, unauthorized use of your access ID or password, lost or stolen debit cards, etc.

Other email transmissions done outside of the System may not be secure.  We advise you not to send or request sensitive or confidential information, such as account numbers, using any general or public email system.

6.       Application. The System is available only to customers of the Bank currently receiving personal account statements. Once logged on to the System by using your established Bank Now! By Phone password, for your protection you will be prompted to change your access ID and password to ones of your own choosing and to establish security questions and answers. Each time you log into the System thereafter, the System will verify if the connection is from a known User device using complex device identification and if not, will pose one of the security questions. Your password and security questions and answers are for your use only, and should never be given to anyone. If you feel your password has been compromised, you should notify the Bank immediately at 777-4362 or 1-800-856-4362.

7.       Limitation of Liability. The Bank takes reasonable security precautions in storing and transmitting private data communications. However, the Bank cannot guarantee the System and/or your accounts will be 100% secure from access by unauthorized users. Your use of the supplied access ID and temporary password indicates your understanding and agreement that the Bank is not liable for any claim, loss, cost, or expense resulting from interception of, or other unauthorized access to, any such data communication. You understand and agree the Bank is not liable to you for any direct, indirect, consequential, special, or punitive damages or losses whatsoever you may incur in connection with the use of the System, or with any of the data or other materials transmitted through or residing on the System even if the Bank has been advised of the possibility of such damage or loss. This includes, but is not limited to, the loss of data or any other loss resulting from delays, non-deliveries, or service interruptions of any nature whatsoever.

8.       NO WARRANTIES. THE BANK MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF THE INFORMATION OR SERVICES IT IS PROVIDING HEREIN, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF ANY INFORMATION OR DATA OBTAINED BY WAY OF THE SYSTEM IS AT YOUR OWN RISK. THE BANK IS NOT RESPONSIBLE FOR ANY CHARGES YOU MAY INCUR THROUGH YOUR ACCESS TO THE INTERNET. IN NO EVENT IS THE BANK LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY FROM ANY USE OF OR DEFECT IN THIS INTERNET SERVICE OR ANY OTHER BANK ELECTRONIC SERVICE, UNLESS EXPRESSLY STATED IN THIS AGREEMENT.

9.       Use restricted to Lawful Purposes. You agree you will use the System only for lawful purposes. You understand you are not permitted to, and agree not to, transmit any material in violation of any federal, state, local, or foreign law.

10.   Right to Refuse Service. The Bank reserves the right to refuse service to anyone. The Bank further reserves the right to deny access to, or to close, any account which, in the sole opinion of the Bank, is causing or may cause harm to the Bank's server or to any other Bank service or system. The Bank, in its sole discretion, may terminate the Service, or your access to it, at any time without notice. The Bank may choose to make reasonable efforts to notify you of such an action taken by the Bank; however, the Bank is not bound by this agreement to do so.

11.   Partial Invalidity. If any provision of this Agreement is ruled invalid or unenforceable, you agree the remaining provisions will continue in full force and effect. This Agreement is governed by and interpreted under the laws of the State of Alaska, without regard to its conflict of laws principles, as if this Agreement were entered into and performed completely in Alaska. You agree all lawsuits relating to this Agreement or the System shall be brought in Alaska State Courts located in the City of Anchorage.

12.   Acceptance; Changes. By clicking the “Accept” button at the bottom of this agreement you constitute your acceptance of all terms and conditions contained herein. The Bank reserves the right to change any of the terms or conditions of this Agreement at any time. Any required notice of change will be published on the System. The continued use of the System will indicate your acceptance of such changes, and that any new terms and conditions will supersede and prevail against any and all previous representations or agreements, not withstanding any variance with the terms and conditions of this Agreement. After your System access has been granted, if you do not want to be bound by the terms of this Agreement, or by any subsequent changes to these terms, please contact the Bank immediately at 777-4362 or 1-800-856-4362 in order to cancel your System access.

13.   Headings. The headings contained within the paragraphs are for the convenience of the reader and not determinative as to the content of the provision.

14.   Entire Agreement. This Agreement is the sole agreement between you and the Bank governing your use of the System. It is expressly understood there are no oral agreements or understandings between you and the Bank which will be deemed to extend, restrict or otherwise supersede the exact terms of this Agreement.

Additional Terms and Conditions Applicable to Electronic Documents

By enrolling in this service you agree to the terms and conditions set forth herein.

1.       Enrollment. You can enroll for the Electronic Document service after signing in to the System with your online banking credentials using the enrollment form located in your Profile under the Electronic Statements option or as may be provided occasionally by the Bank as a pop-up when you log in to Online Banking.  If an account(s) you wish to enroll does not appear in the list of accounts provided, you may send a secure email by use of the System requesting that the Bank enroll your specified account(s) for electronic statements and providing the email address to which the courtesy email is to be sent to notify you when your statement is available.

2.       Electronic Statements. Starting as soon as your next statement cycle after you successfully enroll for this service, First National Bank Alaska shall make your designated checking, savings, loan, and/or Repurchase Agreement account statement(s) available online in the form of an electronic statement. This service is being provided as a convenience to our online customers. Unless you specify a different e-mail address for this purpose in a secure email sent by use of the System, Bank will send, to the e- mail address of record for the first named owner on your account, a courtesy e-mail notifying you that your statement is available. To access your statement simply log on to Bank Now! Online, select your account and click on the “Documents” button. Your paper statement of account shall be discontinued starting as soon as your next statement cycle. Your account(s) remains subject to your deposit and/or loan agreement, including but not limited to your duty to review your statement(s) of account and report to the Bank errors and fraudulent transactions as set forth in that agreement.

You may request a paper copy of your statement by visiting the Bank in person or by contacting the Bank at (907) 777- 4362 or toll free at 1-800-856-4362. If you request a paper statement normal fees will apply.

3.       Electronic Notices. Starting as soon as 2 business days but no longer than 5 business days after you successfully enroll for this service, First National Bank Alaska shall make available, in the form of an electronic document, certain notices pertaining to your checking, savings, loan, certificates of deposit and/or Repurchase Agreement account(s) that would normally be mailed to you. Currently the notices that will be provided electronically under this service are: Incoming Wire Notices, Loan Billing Statements, Note Statements, Advance Notices, Payment Notices, Rate/Escrow/Payment Change Notices, Receipt Notices, Repurchase Agreement Notices, Return Deposit Item Notices; and, Tax Forms 1098, 1099-INT, 1099-SA and 5498SA, as applicable. This service is being provided as a convenience to our online customers. Such notices will be considered delivered to you when they are made available to you through this service. It is your responsibility to ensure that you check for such notices on a regular basis and report any errors within the time frames allowed pursuant to your deposit agreement with the Bank. Such time frame starts on delivery of such notice. To access notices simply log on to Bank Now! Online, select your account and click on the “Documents” button. Paper versions of these notices (with the exception of Return Deposit Item Notices and Tax Forms) shall be discontinued coinciding with the start of this electronic notice service.

You may request a paper copy of any such notice by visiting the Bank in person or by contacting the Bank at (907) 777- 4362 or toll free at 1-800-856-4362. If you request a paper notice normal fees will apply.

4.       Termination of Service. You may terminate electronic delivery of your statements and notices at any time by visiting the Bank in person or by contacting the Bank at (907) 777-4362 or toll free at 1-800-856-4362 and future statements and notices will be sent only in paper form to your address of record. If no owner on your account has used online banking for at least 365 days, Bank reserves the right to revert the account to a paper statement and assess Bank’s then current fee for mailed statements. Notwithstanding such reservation, the Bank, in its sole discretion, may terminate the Electronic Document Service, or your access to it, at any time without notice. The Bank may choose to make reasonable efforts to notify you of such an action taken by the Bank; however, the Bank is not bound by this agreement to do so.

5.       System Requirements. To access your Electronic Documents online you will need to have a computer with Internet Access, Internet Explorer 10.0 (or greater), Mozilla Firefox version 30 (or greater), Apple Safari version 6.0 (or greater) and Adobe Acrobat Reader 10.0 or higher.

6.       Acceptance; Changes. By enrolling in this service you acknowledge your acceptance of all terms and conditions contained herein. The Bank reserves the right to change any of the terms or conditions of this service at any time. Any required notice of change will be published on the System. The continued use of the System will indicate your acceptance of such changes, and that any new terms and conditions will supersede and prevail against any and all previous representations or agreements, notwithstanding any variance with the terms and conditions herein.

 

REV. (11/18)