This online banking agreement states the terms and conditions that apply when you use Foresight Bank's online banking service (“iBanking”), bill payment services (“Bill Pay”), or both. This agreement supplements (and does not replace) the terms and conditions that apply to any accounts and any other services you obtain from us. This agreement is also subject to applicable federal laws and the laws of the State of Minnesota (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.
"You" and "your" mean each person and organization/legal entity that establishes an iBanking account with us, and those who are authorized to use an iBanking log-in ID and password (or other means of access we establish or approve). "We", "us", and "our" refer to Foresight Bank (the “Bank”).
Please read this agreement carefully. By submitting Foresight Bank's iBanking application by Internet or paper, as defined below, you agree to be bound by the terms and conditions contained in this agreement.
Account or Accounts: Bank accounts on which you have authority to conduct transactions through iBanking. You must be the owner or authorized signer on each account. You may not designate any account that requires more than one signature for withdrawals or that has any other type of restriction on it.
Bill Pay: The iBanking service that allows you to pay bills to third parties. You must be approved for iBanking and have a qualified checking account to be able to enroll for Bill Pay. All of the rules applicable to iBanking are also applicable to Bill Pay, except as otherwise provided.
Business Account: Account not used primarily for personal, family, or household purposes.
Business Days: Monday through Friday, excluding federal holidays observed by us.
iBanking: Our service that allows you to check the balance and recent activity on your accounts, transfer funds between your Bank accounts, make payments on your Bank loans, obtain information, and perform other transactions.
Personal Account: Account held by a natural person/persons or a trust and established primarily for personal, family, or household purposes.
Access to Services
You will gain access to your online accounts through the use of your Internet-enabled device, your Internet provider, your log-in ID, and your password. All iBanking transactions (including Bill Pay) are performed over the Internet by use of a personal computer, modem and other means we may authorize or allow. You are responsible for maintaining all Internet connections, browsers, hardware, software and anti-virus/security systems that are necessary to access iBanking. The Bank is not responsible for any errors or failures of your hardware, software, or anti-virus/security systems.
Hours of Operation
The services are available 24 hours per day, 7 days per week. However, iBanking may be temporarily unavailable due to record updating, technical difficulties, or special maintenance periods. All online banking transaction requests received after 6:00 PM on Business Days and all transactions that are requested on Saturdays, Sundays, or federal holidays we observe will be processed on the next Business Day. All references to time in this document are Central Standard Time.
Security of Information, Log-In ID and Password
Each person who has applied and has been approved for iBanking will be assigned a log-in ID and password. To access iBanking, you must use the log-in ID, together with a password. To further secure iBanking, we may implement additional security procedures that need to be followed to access iBanking. We recommend that you change your password regularly. You should carefully select a password that is difficult to guess. Memorize your password and do not write it down.
Because the log-in ID and password can be used to access your accounts, you should treat your log-in ID, password, and other iBanking access credentials with the same degree of care and secrecy that you use to protect other sensitive financial data. You agree that any transaction initiated using your log-in ID and password will be deemed valid by us. Any person obtaining access to your iBanking log-in ID and password or other means of access will have full access to your accounts and you will be liable for any transaction that person makes. If you give your access to someone, they will have full access to your accounts. Even if you attempt to limit that person's authority, you are responsible for transactions that person makes. If you have given your iBanking log-in ID and password or other means of access and want to terminate that person's authority, you must contact us and change your log-in ID and password to prevent further access by such person. Your iBanking password will be disabled after the password is entered incorrectly three consecutive times. Contact us to re-establish your iBanking password.
Click on the iBanking "Exit" tab to log off iBanking. Log off iBanking whenever you leave your computer. To help prevent unauthorized access and ensure the security of your accounts, we will end your iBanking session if we have detected no activity for 10 minutes.
You agree that use of a log-in ID and a password provides a commercially reasonable degree of protection in light of your particular needs and circumstances. All transactions made using your log-in ID and password will be conclusively presumed to be authorized by you. You are liable for all transactions that you or any authorized users make or authorize, even if that person exceeds your authority. You are also liable for any and all unauthorized use that occurs before you have notified us that a log-in ID, password or other access means in your possession or control have been lost or stolen or used without your authority and before we have had a reasonable opportunity to act on such notice.
You, or someone you have authorized by giving them your iBanking log-in ID and password or other means of access, can instruct us to perform the following transactions via iBanking: make transfers between your qualifying accounts to the extent authorized; obtain information that we make available about your qualifying accounts, such as balances and account history; make payments from qualifying accounts to your Foresight Bank loans; make balance inquiries; obtain other services or perform other transactions that we may authorize; and pay bills to third parties (available with Bill Pay).
There are no fees for accessing your account(s) through iBanking. We may, however, establish a schedule of service charges and fees for any transaction under this agreement at any time. Other fees may apply to iBanking services. Please refer to the account disclosures that you received when you opened your account(s) with us. New iBanking services may be introduced from time to time. We will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
You must have sufficient available funds in any account from which you instruct us to make a payment or transfer.
If your request involves an internal bank transaction, such as transferring funds between accounts or making a loan payment, you must request a funds transfer by 6:00 p.m. on a Business Day in order for it to be completed on that Business Day. Transfers set up by you after 6:00 p.m. on a Business Day, or on a non-Business Day, will be processed the next Business Day. Recurring internal transfers, set up by you through iBanking, that fall on a non-Business Day will be processed the following Business Day.
iBanking Bill Pay Service
You may enroll for the iBanking Bill Pay service if you have a qualifying checking account. There are no fees for initiating and completing payments if your checking account is a Personal Account. If your account is a Business Account, your account will be charged $3.00 per month plus $0.40 per transaction initiated through the Bill Pay service. We may establish or modify a schedule of service charges and fees for any transaction under this agreement at any time.
All Bill Pay payments are made from your qualified checking account. You may make payments to any business, merchant, or professional for products or services. You also may make payments to individuals, family or friends for non-business purposes. Payments may be made only to payees with a U.S. payment address. You may not make a payment of alimony, settlement of brokerage accounts, child support, taxes, or any other governmental fees or court-directed payments through the Bill Pay service.
When setting up a new Bill Pay payee, your payee must already be established in the system's electronic payee database. Be sure you have chosen the correct payee from the look-up option "Search Electronic Payees” and that you have entered your account number correctly (without dashes or spaces). Remember that you must have sufficient funds available at the time an electronic payment is processed. Electronic payments might not be sent if funds are not available and overdraft charges may apply if a Bill Pay service payment overdraws your account.
If you pay a bill by check (paper), the check will be mailed from a processing center outside of Minnesota to your payee. The check will post against your account after it has cleared through the banking system, exactly as if you had written the check manually.
If you wish to remove Bill Pay, please notify the Bank in writing.
Requests for payments to third parties through Bill Pay made before noon on a Business Day are processed that day. Bill Pay requests after noon on a Business Day or on a non-Business Day will be processed the next Business Day. Recurring payments set up by you through Bill Pay that fall on a non-Business Day will be processed the following Business Day. Remember that payments are processed (sent) on the date you specify, but we cannot guarantee when your payee will receive your payment or credit your account. Typically, electronic payments are received in 2 to 4 business days and check (paper) payments mailed through the U.S. Postal Service are received in 7 to 10 business days, so plan accordingly. You should also allow additional time for the first payment you send to a payee through Bill Pay to allow the payee to adjust to the new form of payment. You understand and agree that we are not responsible for the timely delivery of postal mail or the improper transmission or handling of payments by a third party such as the failure of the Bill Pay payee to properly post a payment to your account. To cancel a bill payment that you have scheduled through Bill Pay, you must cancel the payment online the day before the date that the payment is scheduled to be processed. If you enter and schedule a payment for the current day you have until noon to edit or delete the payment.
Your iBanking payments and transfers will be indicated on the regular statement we provide or make accessible to you for your accounts. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement or statement information.
Our Liability for Failure to Complete Payments or Transfers
If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages that you prove are directly caused by our action or failure to act. However, there are exceptions to our liability. We will not be liable if any of the following circumstances apply: (1) Through no fault of ours, there are non-sufficient collected funds in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds. (2) Any payment or transfer would exceed the credit limit of any account. (3) Your equipment, or ours, was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction. (4) We have terminated our online banking agreement with you. (5) You have not given us complete, correct or current account numbers or other identifying information so that we can properly complete the transaction. (6) You do not properly follow our instructions, you provide us with wrong or inaccurate information, or fail to tell us about any inaccuracy of which you are aware. (7) You do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due. (8) The money in the account from which a payment or transfer is to be made is subject to legal process or other claim, which restricts the transaction. (9) Circumstances (such as fire, flood, or interruptions in electric or telephone service) or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken. (10) It can be shown that the merchant or payee received the payment within the normal delivery time frame and failed to process the payment through no fault of the iBanking service or our service providers. (11) There is a hold on your account or access to your account is blocked in accordance with banking policy. (12) You believe someone has accessed your accounts without your permission and you fail to notify us immediately. There may be other exceptions to our liability.
Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the iBanking services provided to you under this agreement. We do not and cannot warrant that iBanking services will operate without errors, or that any or all iBanking services will be available and operational at all times.
Except as specifically provided in this agreement, or otherwise required by law, you agree the Bank, our officers, directors, employees, agents or contractors are not responsible or liable for any: (1) Damages (including but not limited to, direct, indirect, incidental, consequential or special damages); or (2) Losses or expenses (including but not limited to, lost profits and loss of use, arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or time or system failure) even if the Bank, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Further, the Bank will not be responsible for any losses, expenses, damage, or any combination thereof, whether direct, indirect, special or consequential, caused by the unauthorized use of your password resulting from your disclosure of your password to any third party.
Use of hyperlinks to other Internet resources is at your own risk. The content, accuracy, opinions expressed and other links provided by these resources are not investigated, verified, monitored or endorsed by the Bank.
Unauthorized Transactions or Loss/Theft of Your iBanking Log-In ID or Password
If you believe your iBanking log-in ID or password or other means of access has been lost or stolen, or that someone has used them without your authorization, notify us immediately. Telephoning us is the best way of keeping your possible losses to a minimum.
Errors and Questions
In case of errors or questions about your electronic transfers or payments, you should immediately call or write us. Notification should be made as soon as possible if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days (30 days if a Business Account) after you received the first statement on which the problem or error appeared. You must be prepared to provide the following information: Your name, relevant account number, address and phone number; description of the error or the transfer you are unsure about and explanation as clearly as you can why you believe it is an error or why you need more information; dollar amount of the suspected error; and the date of the transaction as shown on your statement.
If you tell us orally, we may require you to send us your complaint or questions in writing within 10 Business Days.
Adding, Changing and Removing Accounts
Qualified accounts you open after enrollment in iBanking may be included in your iBanking account upon your request. Contact us if you wish to add, change or remove an account from iBanking.
You may terminate your use of the iBanking service at any time by notifying us at least 10 business days before the date you want the service terminated. We may require you to put your request in writing.
We may terminate your use of the iBanking Service, in whole or in part, at any time without prior notice. Your access to the service may be terminated automatically if your iBanking-qualified checking or savings account is closed, or access to any of your qualified accounts is restricted for any reason. Termination will not affect your liability or obligation under this agreement for transactions we have processed on your behalf.
Your E-Mail Privacy
The iBanking service and our Bank's website provide you with the ability to send electronic mail (e-mail) to us. iBanking and the Bank's website do not require you to disclose any personal information. Messages sent through our Information Request Form are done on a secure connection. You may submit confidential information securely through the Information Request Form.