ONLINE BANKING AND BILL PAYMENT USER AGREEMENT
This Agreement states the terms and conditions that apply when you open qualifying account(s) on the Internet, or conduct banking transactions and functions online using our Online Banking and Bill Payment Service. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us, including any disclosures provided to you by us.
1. Acceptance of this Agreement. After you have carefully read this Agreement in its entirety and the linked Privacy Notice click here, you will be asked to accept this Agreement as provided in Section 37 below, as well as the Account Terms and other related agreements and disclosures. When you accept this Agreement, you represent and warrant that you are authorized user acting with full authority, and that you are duly authorized to accept this Agreement. You should print or save a copy of this Agreement for your records.
2. Explanation of Terms Used in this Agreement. The following definitions apply to the terms contained in this Agreement:
“Access Credentials” means the customer identification number, password, security code or other means of access to your Account that we establish or provide to you.
“Account(s)” means any one of your accounts to which we may allow access through the Services under this Agreement.
“Account Terms” means the Terms and Conditions of your Account provided to you in conjunction with the opening of your Account.
“Agreement” means these terms and conditions for use of our Online Banking and Bill Payment services.
“Authorized User” means any individual or agent whom you have designated to use the Services or your Access Credentials to access the Account using the Services, or if you are a Business Customer, anyone we reasonably believe, in accordance with our security procedures, to be authorized to act on your behalf to access the Services.
“Business Customer” means anyone other than a Consumer Customer who owns an Account and includes both a Commercial Business Customer and a Small Business Customer.
“Business Day” means every Monday through Friday excluding the Federal holidays. “Commercial Business Customer” means a Business Customer who has entered into a master agreement for treasury management services with us.
“Payee” means the person, business or other entity to whom your bill payment will be directed using the Services, or from whom you receive electronic bills, as the case may be.
“Services” or “Online Banking” or “Bill Payment” means the online banking and/or bill payment services offered by us through our Service Providers and provided under this Agreement.
“Service Provider” means any agent, licensor, independent contractor or subcontractor that we may involve in the provision of the Services.
“Small Business Customer” means a Business Customer who has not entered into a master agreement for treasury management services with us.
“Us”, “we”, and “our” mean First Financial Bank, N.A. and all of its affiliates and subsidiaries.
“You” and “your” mean the person or entity enrolling in the Services, the owner or owners of the Account (if more than one), as well as any Authorized User of the Account that such person allows.
3. Requirements for Enrolling in the Services. In order to enroll in the Services, you must:
• Have a qualifying Account with us • Be 18 years of age or older
• Be a resident of the United States or its possessions
• Have a computer, have internet services through an internet service provider, and have an internet browser that will support 128 bit encryption
• Have access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures
• Have an external email address for the delivery of electronic notices and disclosures 4. Requirements for Operating the Services. In order to operate the Services, it is your responsibility to obtain and maintain your online communications link to our Services to ensure that your use of such communications link is in compliance with applicable requirements, including any requirements of any internet service providers, telecommunications companies and authorities. You are responsible for obtaining, installing, maintaining and operating all hardware, software, and internet access services necessary for obtaining the Services.
5. Basic Online Banking Services.
Types of Services. We make the following banking activities available to you through use of the Services if you have the capability to access information, transmit and receive communications, and initiate transactions involving the Company’s Accounts with the Bank through the internet.
• access Account information on qualifying Accounts; • perform transfers between qualifying Accounts with us;
• initiate funds transfers where expressly permitted by us; • view check/deposit/deposited item images;
• send and receive secure email messages; • reorder checks;
• access First Financial Bank credit card information;
• transaction downloads into Quicken®, Microsoft® Money; and • obtain other Services or perform other transactions that we allow.
We may modify or cancel any such Services at anytime without notice at our discretion, except as may be required by law. You can use the Services seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Services may be slower at times due to high Internet traffic or other factors beyond our control.
6. Authorization. By directing us to transfer funds or initiate a payment through use of the Services, you authorize us to withdraw from the designated Account the amount of funds required to complete the transaction. All requests and instructions received from you through the Services with respect to transfers, payments, new Account services, changes to existing Account information and any other communications shall be deemed legal endorsements by you.
7. Qualifying Accounts. Some of the above Services may not be available for certain Accounts or types of customers. We will tell you which types of Accounts qualify for our Services. These may be one or more Accounts with us, and may include accounts at other financial institutions. For Accounts with us, you must be an account owner or Authorized User in our records for it to qualify. You agree that withdrawal activity on any Account with us requiring more than one signature for withdrawal, draw, or transfer of funds will not require any special or additional authorization. For certain of the Services, you may be able to access accounts at other financial institutions. You agree to provide us with any authority we require before we permit access to any qualifying Account.
8. Limits on Transfers. Transfers to or from external accounts (accounts not maintained with us) are subject to certain limitations. Transfers to or from external accounts may be made in amounts of up to $2,000 in the aggregate per account per day, and up to $4,000 in the aggregate per month. A total of six transactions may be made each day and up to 40 transactions in the aggregate may be made per month. The cut-off time for external transfers is 6:00 p.m. Eastern Time. Any dollar limits imposed will apply to the total of all transfers to a specific external account on any given day. Any transfer initiated on a non-Business Day will apply toward the total for the next Business Day. We may change your transfer limits at any time. Any decrease will be subject to notice to the extent required by law.
9. External Transfers. You may enroll for the External Transfer feature with Online Banking. As part of the enrollment process you will need to request approval for each external account to which you wish to make external transfers. You agree that you will only attempt to register accounts for which you have the authority to transfer funds.
al terms and conditions. Contact your Account representative or call us directly if you would like more information on these Services:
• ACH Reporting System
• ACH Payments and Collections • Positive Pay
• Security Tokens • ACH Pass Thru • ACH Prefunding
• Domestic and International Wire Transfers • Federal and state tax payments
• Lockbox
• Remote Deposit Capture Single Sign on
11. Stop Payments. If you want to stop or change a payment or transfer you have instructed us to make, you must notify us before we have started processing the payment or transfer. The normal way to do this is for you to access the appropriate function after you have logged into the Services no later than the day before the Business Day the payment or transfer is scheduled to be made, and either delete it or make the change. You may also stop payment by telephoning Customer Service, writing to us, or by using any electronic stop payment method which we provide as part of the Services. Stop payment orders on checks (including stop payments on checks created by the Online Banking system) entered through Online Banking will be processed on a real time basis on the Business Day they are received, except that stop payment orders received after 9:00 p.m. Eastern Time (8:00 p.m. Central time), or at any time on a day that is not a Business Day will be processed on the next Business Day. In all situations, we must receive the stop payment order at a time which will give the Bank a reasonable opportunity to act on it prior to payment of the item. STOP PAYMENT ORDERS ARE NOT EFFECTIVE IF, EITHER BEFORE OR WITHIN 24 HOURS OF WHEN THE STOP PAYMENT ORDER WAS PLACED, WE HAVE ALREADY PAID THE ITEM OR COMPLETED THE TRANSFER, OR BECOME OTHERWISE LEGALLY OBLIGATED FOR ITS PAYMENT. STOP PAYMENT ORDERS ARE PROCESSED BY COMPUTER. WE SHALL NOT BE LIABLE FOR OUR FAILURE TO ACT UPON A STOP PAYMENT ORDER PLACED IF ANY OF THE CHECK NUMBER, ACCOUNT NUMBER, DATE OR DOLLAR AMOUNT PLACED ON THE STOP PAYMENT ORDER FOR YOU IS NOT CORRECT. A STOP PAYMENT ORDER PLACED BY YOU BY MEANS OF YOUR COMPUTER TERMINAL OR ELECTRONIC DEVICE, SHALL BE CONSIDERED TO BE THE EQUIVALENT OF A WRITTEN STOP PAYMENT ORDER FOR THE PURPOSES OF SECTION 4-403 OF THE UNIFORM COMMERCIAL CODE AS ENACTED IN OHIO AND SHALL BE EFFECTIVE FOR ONLY SIX MONTHS UNLESS RENEWED. Stop payment orders entered through Online Banking are subject to all applicable fees for stop payment orders described in the Account Agreements. More information concerning your rights and duties with respect to stop payments is contained in the Terms and Conditions of Your Account.
A fee of $34.00 will be assessed for each stop payment order processed through the Online Banking system.
Bill Pay Transactions. You may use the Bill Payment Services to instruct us to perform the following transactions:
• Make individual payments or preauthorized recurring payments from a bill pay funding Account designated by you to Payees you have designated in accordance with this Agreement;
• Obtain information that we make available about qualifying Accounts; and • Obtain other services or perform other transactions that we authorize or allow.
Designating Payees. You will have to give us any account numbers or other identifying information that we or a Payee need so that your payments can be properly credited. If any account number or identifying information changes, or if you want to add or delete Payees or other accounts with us, you must provide us with such changes. We may refuse or cancel any Payee or any payment at any time. Payments to individuals or entities outside the United States of America or its territories and possessions are not permitted. Also, payments to individuals or business entities in a foreign currency are not permitted.
Setting Up Payments. You must designate an Account as your bill pay funding account from which you authorize us to make payments using our bill pay service. You must be a named owner of the Account in our records for it to qualify. You may designate more than one of your Accounts as a funding Account, but you will be asked to designate the default Account that will automatically be used absent your choice of a different Account. You may authorize us to make one-time payments or preauthorized recurring payments. We will only allow preauthorized recurring payments that do not vary in amount.
When Bill Payments Are Made. Payments are not final at the time we receive your instructions, but we will begin to process them promptly. We will process the payments either electronically (by ACH), or by check. If we process a payment by check, we will issue and mail the check on the day it is scheduled to be released. If the payment is an electronic payment, the payment will be processed and transmitted on the scheduled payment date. Payments transmitted electronically will be made pursuant to the Operating Rules of NACHA, which you agree to be bound by. We cannot control when a payment or check will be presented by a Payee. It is your responsibility to be certain you have sufficient funds in your Account to pay all requested bill payments, no matter what method of delivery of payment is used. We will notify you at the time you set up your payments of the method we will use for a particular Payee. You should allow at least three Business Days to process an electronic payment between a qualifying Account with us and a qualifying account with another financial institution. You should allow at least five Business Days for a Payee to receive a bill payment by mail. If required by law, we will notify you of any change to the method we use to send your payments.
If the Payee’s due date falls on a non-Business Day, you should schedule the payment to occur at least one Business Day prior to the Payee’s due date. Each payment will be posted to the funding Account from which it is made, and to any other Account with us specified by you on the Business Day you have specified. Each payment you make on a non-Business Day, or after our Online Banking cut-off time on any Business Day, will be considered made on the following Business Day. Our Online Banking cut-off time is 9:00 p.m. Eastern Time.
payment date set for the transaction, or the transaction may not be processed. Overdraft or returned check charges may be incurred if bill payments exceed your funding Account balance. All payments must be in U.S. Dollars. We reserve the right to restrict the use of the Services to make certain bill payments, such as tax payments, court-ordered payments, or government fees. You agree not to use the Services to make any bill payment that violates or will violate any U.S. law. Current federal regulations restrict the number of transactions and withdrawals you may make from certain types of accounts, such as money market deposit accounts or savings deposit accounts. You may make no more than six pre-authorized or automatic transfers from savings and money market accounts during any given monthly statement period, including bill payments using the Services, or transfers and payments by telephone agreement, order or instruction. Federal regulations currently place no limits on the number of transfers or bill payments from your checking Accounts; therefore, we limit funding Accounts to checking Accounts.
Bill Payment Service Guarantee. Due to circumstances beyond our control, and/or the control of the Services, and our Service Providers, particularly delays in handling and posting payments by Payees or other financial institutions, some transactions may take longer to be credited to your Account. Except as expressly stated otherwise in this Agreement, we will reimburse you for any late payment related charges up to $50 per item, should a bill payment post after the scheduled due date, provided that the payment was scheduled in accordance with the guidelines described under “When Bill Payments Are Made”. Notwithstanding the foregoing, we shall not be responsible for any such charges if we have no responsibility for a payment transaction, late payment charge or related charge under other provisions of this Agreement, including without limitation the provisions of “Liability for Failure to Make Transfers/Bill Payments” section below.
Liability for Failure to Make Transfers/Bill Payments. You will be responsible for any payment or transfer request you make that contains an error or is a duplicate of another. Neither we, nor any of our Service Providers, will be liable to you if you do not properly follow the applicable instructions. You are required to promptly notify us if you discover that you have not received credit from a Payee for a payment or transfer to which you were entitled.
If we do not complete a bill payment or a transfer to or from your Account on time or in the correct amount according to this Agreement or our other agreements with you (including, but not limited to, all rules and regulations governing your Account), we will be liable for all direct losses associated with the failure, not to exceed the amount of the transfer or payment. Notwithstanding the foregoing, we will not be responsible for late fees or finance charges imposed by the Payee in excess of the amount set forth in our Bill Payment Service Guarantee above. However, there are exceptions where we will not be liable for any losses, including but not limited to, the following:
• If, through no fault of ours, you do not have enough money in your Account to complete the transfer, or if the Account has been closed or is not in good standing; or
• If the transfer would go over the credit limit of any Account; or
• If you have not given us complete, correct or current account numbers or other identifying information so that we can properly debit or credit the Account or otherwise complete the transaction; or
• If your Account has been placed on a hold or freeze status due to legal order or other encumbrance restricting such transfer; or
• If circumstances beyond our control (such as the failure of electronic or mechanical equipment or communications lines, telephone or other connection problems, normal maintenance, unauthorized access, theft, operator errors, severe weather, earthquakes, fire, floods and strikes or other labor problems) prevent the transfer or payment, despite reasonable precautions that have been taken; or
• If the Online Banking system is not working properly or if it is unavailable for some period of time and you know or have been advised by us that the system is not working properly or will be unavailable; or
• If there is a failure in any way on the part of the other party, or their financial institution, to the transaction; or
• If there is an allegation of fraudulent activity concerning the Account; or
• If you have not provided complete instructions in order to process the bill payment or transfer; or
• If the Payee fails to credit your payment properly after delivery of the payment by us; or • If the Payee is not located in the United States or if the payment is intended to satisfy a
tax or court-ordered obligation or other government obligation; and
• If the Account Terms otherwise provide that the transfer or bill payment cannot be completed.
We will not be liable for any losses or damages resulting from or caused by malfunctions or problems associated with your computer hardware or software or any problems relating to your means of access to the internet.
Editing or Cancelling Payments and Transfers. It is your responsibility to cancel, skip, reschedule or revise a preauthorized recurring payment where necessary. Any bill payment may be cancelled provided you access the Services prior to the cut-off time on the Business Day the payment is scheduled to be processed. Once the payment has been entered into the system, AND the information has been processed and/or transmitted to us through the Services, you may not cancel or change the payment. Any bill payments or transfers already processed before the requested cancellation date will be completed by us. All scheduled payments that are scheduled to occur after cancellation will not be processed until we have had a reasonable opportunity to act on the notice of cancellation.
day preceding the scheduled transfer date in order for the modification or cancellation to be effective. You cannot modify or cancel a funds transfer that has already occurred.
Modifications to Online Banking Bill Payments. You may also modify or cancel any Online Banking bill payment scheduled to occur at a future date. Any modification or cancellation must be received before 4:00 p.m. Eastern Time (3:00 p.m. Central Time) on the day preceding the scheduled bill payment will be made in order for the modification or cancellation to be effective. You cannot modify or cancel a bill payment that has already occurred. As bill payments may either be electronic payments or check payments, you may only stop a check payment for which the check has already been issued by us by following the stop payment order process described above.
13. Mobile Banking. This paragraph provides information concerning First Financial Bank’s Mobile Banking Services. If there is a conflict between this paragraph and the other portions of this Agreement, this paragraph controls. The Mobile Banking Services are available to all Consumer Customers and Small Business Customers having access to our Online Banking Services and having a mobile or wireless device with a mobile web browser (“Wireless Device”). You may access our Mobile Banking Services by downloading to your Wireless Device the software application. Instructions for registering for Mobile Banking are available by signing onto www.bankatfirst.com/onlinebanking or mobile.bankatfirst.com system using a personal computer and not from your Wireless Device. You agree to provide true, accurate, current and complete information as requested in registering for Mobile Banking. You agree to comply with all applicable laws, rules, and regulations in connection with your use of Mobile Banking. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly at Customer Service if you have any problems using Mobile Banking. You also agree to accept responsibility for making sure that you know how to properly use your Wireless Device and the software application. We have licensed the software from a Service Provider that is not affiliate with us. You agree not to use the software of any purpose other than to access and use Mobile Banking and agree not to decompile or reverse engineer or otherwise alter the software in any way. Once you have enrolled for Mobile Banking, designated Accounts linked to your Access Credentials will be accessible through your Wireless Device.
Mobile Banking offers many of the same functions as Online Banking, including checking Account balances, making transfers, and viewing Account history and pending transactions. We offer alerts services that provide you with information about your Accounts via email or text messages on your Wireless Device. Alerts are subject to Alerts Terms and Conditions you must accept when registering for our Mobile Banking services. By using our Online Banking and Bill Payment Services you consent to receive the applicable alerts for which you have registered, and which may also include alerts that you are unable to set preferences for. You may opt out of receiving alerts at any time by changing your preferences.
We do not currently charge a separate fee to access Mobile Banking. However, message and data rates charged by your wireless telecommunications provider may apply. Contact your mobile service provider for details on these charges.
unattended, and to log off immediately at the completion of each access by you. You understand that there are risks associated with using a Wireless Device for your banking needs, and that in the event of loss or theft, your confidential information could be compromised. You agree not to make available your Access Credentials or other access information to any other person. If you do, we will not be liable for any damage resulting to you. In the event your Wireless Device is lost or stolen or you believe that someone attempted to use Mobile Banking to access your Account without your consent, or has transferred money without your permission, you agree to update your enrollment information and make the appropriate changes to disable the use of such Wireless Device.
OUR MOBILE BANKING SERVICES ARE PROVIDED TO YOU “AS IS” and “WHERE IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ANY PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS.
14. Mobile Remote Deposit Capture Services/Snap Deposit. This paragraph provides information about and contains the terms and conditions that apply to First Financial Bank’s Snap Deposit for mobile remote deposit capture services. The mobile remote deposit capture services (“Snap Deposit”) are designed to allow the client to make deposits to eligible First Financial Bank checking, savings, or money market accounts using an approved mobile device. If there is a conflict between this paragraph and the other portions of this Agreement, this paragraph controls with respect to mobile deposit capture services using Snap Deposit. Your use of Snap Deposit establishes the acceptance of these terms and conditions. We reserve the right to change, modify, add, or remove portions from the mobile remote deposit capture services, and the continued use of Snap Deposit will confirm acceptance of any such changes.
Eligible items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to First Financial Bank shall be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree, with respect to all items transmitted, that: a. You will only transmit eligible items.
b. Images will meet the image quality standards. c. You will not transmit duplicate items.
d. You will not deposit or re-present the original item. e. All information you provide to us is accurate and true.
You agree to not use Snap Deposit to scan and deposit any checks or other items as shown below which shall be considered ineligible items:
a. Checks or items payable to any person or entity other than yourself.
b. Checks or items containing an alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
f. Checks or items not payable in United States currency.
g. Checks or items dated more than 6 months prior to the date of deposit. h. Checks or items drawn or otherwise issued by the U.S. Treasury Department.
i. Checks or items prohibited by First Financial Bank’s current procedures relating to Snap Deposit or which are otherwise not acceptable under the terms of the your First
Financial Bank account.
j. Checks payable on sight or payable through drafts, as defined in Reg. CC.
k. Checks with any endorsement on the back other than that specified in this agreement. Image Quality. The image of an item transmitted to us using Snap Deposit must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
Endorsements and Procedures. You agree to restrictively endorse any item transmitted through Snap Deposit as “For deposit only, First Financial Bank” or as otherwise instructed by us. You agree to follow any and all other procedures and instructions for use of Snap Deposit as we may establish from time to time.
Receipt of Items. We reserve the right to reject any item transmitted through Snap Deposit, at our discretion, without liability to you. We are not responsible for items not received or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from First Financial Bank that the image was received. Receipt of such confirmation does not mean that the transmission was error free or complete or will be considered a deposit and credited to the account. We further reserve the right to charge back to the account at any time; any item that we subsequently determine was not an eligible item. You agree that First Financial Bank is not liable for any loss, costs, or fees incurred as a result of the chargeback of an ineligible item.
Availability of Funds. You agree that items transmitted using Snap Deposit are subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item transmitted through Snap Deposit is received and accepted before 8:30 p.m. Eastern Time on a business day that First Financial Bank is open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Deposited checks are subject to the Funds Availability Policy and may not be available for immediate withdrawal.
Disposal of Transmitted Items. Upon confirmation from First Financial Bank that the image of an item was received and processed, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly safeguard the item and dispose of the item after 30 days to ensure that it is not re-presented for payment. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for First Financial Bank’s audit purposes.
current daily dollar limit of $3,000.00 with a limit of 10 eligible items for a business account. Daily deposit dollar and count limits may vary and are subject to change at our discretion.
Hardware and Software. In order to use Snap Deposit, you must obtain and maintain, at your expense, compatible hardware and software as specified by us from time to time. We are not responsible for any third party software you may need to use Snap Deposit. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at the time of download and installation.
Errors in Transmission. By using Snap Deposit, you accept the risk that an item may be intercepted or misdirected during transmission. First Financial Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
Ownership & License. You agree that First Financial Bank retains all ownership and proprietary rights in Snap Deposit, associated content, technology, and website(s). Your use of Snap Deposit is subject to and conditioned upon your complete compliance with these terms and conditions.
Cooperation with Investigations. You agree to cooperate with First Financial Bank in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Snap Deposit in your possession and records relating to such items and transmissions.
Fees. We do not charge a fee for Snap Deposit or mobile remote deposit capture. We will not be responsible for any fees that your wireless carrier may charge you.
15. How to Notify Us. If you wish to cancel any of the Services, you may contact Customer Service by sending a secure e-mail through the Services, call us, or send us cancellation instructions in writing addressed to First Financial Bank, Attn: Client Services, P.O. Box 18127, Fairfield, OH 45018-0127. If you choose to call us, please contact us at 1-877-322-9530.
16. Fees. There are currently no additional fees for use of the Services beyond the standard fees and charges applicable to your Account(s).
17. Access Credentials. To use the Services, you must use the Access Credentials we establish or provide for you or which you establish during the set-up process. Keep them confidential to prevent unauthorized use or loss to you Accounts. If you or your Authorized Users disclose your Access Credentials to anyone, and/or you allow someone to use your Access Credentials to access your Account(s), you are authorizing them to act on your behalf and you will be responsible for any use of the Services by them.
18. Linked Accounts. When you first enroll for the Services, we will link all of your designated Accounts to one set of Access Credentials. If you want to limit the Accounts linked or the privileges assigned to an Account, please contact Customer Service or send us a secure email message through the Service.
• Where it is necessary for completing transactions; • Where it is necessary for activating additional services;
• In order to verify the existence and condition of your Account to a third party, such as a credit bureau, merchant or Payee;
• In order to comply with a governmental agency or court orders; or • If you give us your written permission.
Please refer to our privacy notice click here for additional information on how we use customer information and your choices.
20. Documentation Concerning Your Transactions; eStatements. Information regarding Online Banking Services transactions will be reflected on the monthly statements we provide or make accessible to you for the Accounts with us that are involved in the transaction. We may also provide or make accessible to you statement information electronically or by some other means. 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 in any statement information. IMPORTANT INFORMATION REGARDING ELECTRONIC COMMUNICATION
If you have selected the eStatements option, you understand and agree that the Bank will send you all of your periodic statement information, as well as notices of changes to your Account, in electronic form. This is in place of a paper statement and paper notices. We may also provide you with initial and periodic account disclosure information with respect to the Accounts in electronic format. By use of the Services, you may access your statement in electronic format for all Accounts enrolled in the Services, but you must operate a browser version that supports Secure Sockets Layer encryption technology, frames, cookies, and JavaScript. Your system must have IE 10.0 or higher, Firefox 3.0 or higher, or Safari 1.0 or higher and Adobe 6.0 or higher. Statements will be available online for thirteen months. If at any time you wish to change your eStatement option, change your email address, or receive a paper copy of your Account statement, you must provide us with written notice. Additionally, in the event that you are unable to access your statements or to otherwise view any of your Account information by use of the Services, you agree to immediately notify us. You may be charged a fee depending on the type of Account you have and/or the reason and frequency of your request for paper copies.
normally by 8:00 a.m. Eastern Time. All future-dated or recurring transfers scheduled for a Business Day will be posted on the scheduled date; all future-dated or recurring transfers scheduled for a non-Business Day will be posted on the next Business Day. After a transfer request has been processed electronically, the transfer request cannot be deleted or withdrawn. The Bank, in its sole discretion, may (but shall not be obligated to) honor any item or funds transfer order initiated through use of the Services that results in an overdraft of the Account. 22. Fees. Fees applicable to Services for Commercial Business Customers may be disclosed within the applicable Service or by separate documentation. Please review such fees documentation prior to initiating a transaction.
23. Security Procedures. We have established and provided to you the security procedures for you to follow in connection with the initiation and receipt of funds transfers and bill payments to or from your Accounts, and otherwise with respect to your use of the Services (the “Security Procedures”). The Security Procedures are contained in this Agreement and in other written procedures we may provide to you and include the use of the Access Credentials provided to or established by you, and you acknowledge receiving a copy of the Security Procedures. Additional call back procedures may be utilized by us [for Business Customers] as we deem necessary. If you are a Business Customer, you agree that the Security Procedures are commercially reasonable in the context of your business operations. You also agree to keep the Security Procedures confidential and not to disclose the Security Procedures to anyone except the persons whom you have authorized to make transfer requests on your behalf (if any). You are responsible for the accuracy of the initial communication of the payment order or transfer through the Services as well as the accuracy of any documentation or callback of the payment order made by us. You, for yourself and each of your Authorized Users, agree that we, in our sole discretion, may record any telephone conversation between you or any authorized representative and us. We may at any time change our Security Procedures. We may advise you of such changes to the extent they affect your use of transactions and the Services, but failure to do so will not affect your obligations or our rights. If you are a Commercial Business Customer, the Security Procedures require that you adopt and use Security Procedures enhancements when it accesses the Services. Your Authorized User will designate one or more of the preferred Security Procedures enhancements in your application for treasury management services and will follow the instructions for such Security Procedures enhancements provided by the Bank. You acknowledge that your failure to use the Security Procedures enhancements will increase the risk of unauthorized transactions on its Account(s) for which we may not have any liability. The Company understands that access to the Accounts is under the Company’s complete control and that Bank employees have no direct involvement in any transactions or other use of the Services.
• Is not an Authorized User; or
• Exceeds the authority you or any Authorized User granted; or • Has had his/her authority changed or revoked; or
• Is an imposter or thief.
We and our Service Providers will not be responsible for verifying the identity or authenticity of any person claiming to be your Authorized User. Unless there is substantial evidence to the contrary, our records will be conclusive regarding any access to, or action taken through, our Online Banking or Bill Payment Services.
If you or an Authorized User have given someone your Access Credentials and want to terminate that person’s authority, you must notify us that the transactions by such a person are no longer authorized. We may have to change your Access Credentials or take additional steps to prevent further access by such person. We agree that you will not be responsible for transactions which occur after you have notified us to block the Access Credentials. You agree to promptly examine all Account statements and any confirmations of transfers which we or other banks may send or make available to you, and to promptly notify us of any discrepancy or error within 30 days of receipt of any such statement or confirmation.
25. Indemnification. If you are a Business Customer, or an individual performing transactions from a Business Customer Account, you agree to indemnify and hold us, and our officers, directors and employees, harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees and court costs) of any nature whatsoever incurred by you or by any third parties arising directly or indirectly from any transactions or attempted transactions on your Account covered by this Agreement, including fraudulent or unauthorized activity on the Account(s) by the use of the Services, whether or not the unauthorized or fraudulent transaction(s) is by an Authorized User, or (ii) your breach of this Agreement; (iii) the processing of any stop payment request; (iv) any dispute between you and any third party in connection with the use of the Services; and (v) any and all actions, suits, proceedings, claims, demands, judgments, costs and expenses (including attorney’s fees) incident to the foregoing. The terms of this section will survive termination of this Agreement and the Services.
END OF SPECIAL PROVISIONS THAT APPLY ONLY TO BUSINESS CUSTOMERS THE FOLLOWING SPECIAL PROVISIONS APPLY ONLY TO CONSUMER CUSTOMERS: 26. Notice of Your Rights and Liabilities.
Password and Security. You agree not to give or make available your Access Credentials to anyone you do not wish to be an Authorized User. If you believe that Access Credentials have been lost or stolen or that someone may attempt to use the Services without your consent or has transferred money without your permission, you must notify the Bank at once by calling us at 1-877-322-9530, or write us in accordance with subsection (c) below.
within two (2) Business Days after you learn of the loss or theft of your Access Credentials, and we can prove that we could have stopped someone from using your Access Credentials without your permission if you had told us, you could lose as much as $500.00. If your monthly statement contains transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may lose any amount transferred without your authorization, after the sixty (60) days, if we can prove that we could have stopped someone from taking the money, or you had told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
Address and Telephone Number/Errors and Questions. In case of errors and questions about the Services or your electronic funds transfers, you should either:
• Telephone customer service at 1-877-322-9530 which is available Business Days between 8:00 a.m. and 8:00 p.m. Eastern Time, and Saturdays between 8:00 AM and 5:00 PM Eastern Time, or
• Write to us at: First Financial Bank P.O. Box 18127
Fairfield, OH 45018-0127 Attn: Online Banking
As soon as you can, if you think that your statement is wrong or you need more information about a transfer listed on the statement, we must hear from you no later than sixty (60) days after you received the first statement on which the problem or error appeared. You must: 1. Tell us your name and account number
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information, and
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate the complaint or question. If we decide to do this, we will re-credit your account within ten (10) Business Days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not re-credit your Account. If we decide there was no error, we will mail you a written explanation within three (3) Business Days after we finish the investigation. You may ask for copies of documents which we used in our investigation. The Bank may revoke any provisional credit provided to you if we find an error did not occur.
END OF SPECIAL PROVISIONS THAT APPLY ONLY TO CONSUMER CUSTOMERS
such prior notice will be provided. If you find that access to the Services is interrupted or unavailable, you should call us for assistance to obtain access. We agree to use reasonable efforts to perform routine maintenance to our operating systems during non-regular business hours.
28. Service Termination, Suspension or Cancellation. We may terminate or suspend the Services to you at any time and for any reason. We may terminate the Services to you if you engage in unauthorized transactions or if you misuse the Services. We also reserve the right to terminate Online Banking Services to you if you do not log in for a period of 240 days. We also reserve the right to terminate Bill Payment Services to you if you do not use the Service for a period of 90 days. The termination or cancellation of the Online Banking services shall not affect your liability or obligations under this Agreement.
29. Alterations and Amendments. This Agreement, as well as applicable fees and service charges, may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Services after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Services’ more recent revisions and updates.
30. Disclaimer of Warranties and Limitation of Damages. TO THE FULLEST EXTENT POSSIBLE UNDER ANY APPLICABLE LAW, RULE OR REGULATION, WE ARE PROVIDING THE SERVICES “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY, AND WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, FOR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ANY WARRANTY THAT AVAILABILITY OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, AND/OR ANY WARRANTY TO PROVIDE ADEQUATE TECHNICAL SUPPORT.
You expressly acknowledge and agree that any security, technical or similar requirements, guidance or advice provided by us, directly or indirectly, and relating to your use of the Services and/or your access to the Services, shall not serve as a warranty of any kind, expressed or implied, of the security of (i) the Services, (ii) your use of the Services, or (iii) your Account(s) with us, generally or specifically with respect to the Access Credentials of the Authorized User(s). You acknowledge and agree that you are and remain solely and completely responsible for any loss or losses resulting from your use of Services.
Notwithstanding our efforts to ensure that the Services are secure, we cannot and do not warrant that all data transfers via the Services will be free from monitoring or access by others. You are solely responsible for the maintenance, installations, and operation of your computer. Neither we nor our Service Providers shall be responsible for any delays, errors, deletions, or failures that occur as a result of any malfunction of your computer or software.
advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the equipment, software, and/or your use of the Services.
31. Assignment. You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
32. No Waiver. We and our Service Providers 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 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.
33. Captions. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
34. Disputes. In the event of a dispute regarding the Services, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what our employees and/or our Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.
35. Law That Applies. Regardless of where you live or work, or where you access the Services, this Agreement is subject to the federal law of the United State of America, and to the extent such federal law is not applicable (and only to such extent), to the internal law of the state of Ohio, excluding its conflict of laws rule. To the extent any part of this Agreement is not enforceable, it will not affect the rest of the Agreement, and it will be changed as necessary to comply with applicable law.
36. Waiver of Trial by Jury. The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. Such disputes may be tried before a judge only. This provision is a material inducement for the parties entering this Agreement.
37. Signatures. You agree to all of the provisions of this agreement (to the extent applicable as provided in this Agreement) by any and all of the following means:
• Using our Online Banking and/or Bill Payment Services to perform any transactions. • Physically signing this agreement.
• Causing your company representative to physically sign this agreement, if you are a business entity.
Your electronic consent or use of our Online Banking and Bill Payment Services has the same effect as if you had signed this Agreement with your physical signature or that of your authorized company representative.
You agree and consent that the use of any means to select an item, button, icon or similar act/action while using the Online Banking and Bill Payment Services, or in accessing or conducting any transactions regarding any agreement, acknowledgement, consent, terms, disclosures or conditions, constitutes your signature, acceptance and agreement as if actually signed by you in writing. You further agree that no certification authority or other third party verification is necessary to the validity of your electronic signature provided as described above. Your physical signature, electronic consent, or use of our Online Banking and Bill Payment Services is also your acknowledgement that you have received a copy of this agreement in paper form, or if you have provided a separate electronic consent, in electronic form. If you are offered or provided an electronic copy of this agreement but would like to have a paper copy, please contact us 877-322-9530 or write us at First Financial Bank, Customer Service, P.O. Box 18127, Fairfield, Ohio 45018-0127 and we will forward a hard copy to you.
