Farmers State Bank Agreement and Federal Disclosure
This Agreement governs the use of Farmers State Bank Internet Banking Service, jointly referred to as the “Service,” provided by Farmers State Bank, also referred to as “internet banking”. By using the Service to conduct transactions, you agree to the terms of this Agreement.
As used in this Agreement, "account" and "accounts" means any deposit accounts held at Farmers State Bank in which you are either the owner or joint owner. "Loan account" and "loan accounts" mean any loan you have with Farmers State Bank. "You," "your," and "yours ", mean the person(s) using the Service. “We," "our," us,” and "the bank" refer to “Farmers State Bank”.
Deposit and Credit Agreements
The terms and conditions in this Agreement shall have priority and take precedence over any existing terms and conditions in existing account and loan agreements you have with us in the event of a conflict.
In order to use the Internet Banking Service, you need a computer (in this Agreement, your computer and the related equipment are referred to together as your "Computer") with a web browser (the most recent stable release of either Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, or Apple Safari), a customer ID, and Internet Banking password. The password is the confidential set of keystrokes you use to access your account(s) through Internet Banking.
You are responsible for the installation, maintenance, and operation of your Computer, browser and the software. Farmers State Bank is not responsible for any errors or failures from any malfunction of your computer, the browser or the software. Farmers State Bank is also not responsible for any computer virus or related problems that may be associated with the use of an online system.
To use Internet Banking, you must have at least one account, and an Internet Banking password. Through Internet Banking, you will have access to any of your accounts or loan accounts. Farmers State Bank reserves the right to deny access to a deposit account or loan account or to deny transactions.
Description of Internet Banking
The Service provides the capability to perform the following functions from your Computer:
Online Account Access Functions and Limitations of Transfers
You may use Internet Banking to (a) transfer funds between your accounts; (b) obtain account balances; (c) obtain history and transaction information on your accounts; and (d) obtain loan account balance information. These features are limited to the extent, and subject to the terms, noted below.
i. Your ability to transfer funds between certain accounts is limited by federal law and the Deposit Agreement. You should refer to the Deposit Agreement for legal restrictions and service charges applicable for excessive withdrawals or transfers. Transfers made using the Internet Banking Service are counted against the permissible number of transfers described in the Deposit Agreement.
ii. There may be at least a one-business-day delay in transferring funds between your accounts. Except as provided in this Agreement, all Internet Banking transaction instructions received by 3:00 p.m. CST will be completed that business day. Any instruction received after 3:00 p.m. CST will be completed the next business day.
Passwords and Security
Your Internet Banking password is required to access Farmers State Bank Internet Banking functions. You agree not to give or make available your password to any unauthorized individual. If you believe your password has been lost or stolen, someone has attempted to use the Internet Banking Service without your consent, your deposit account(s) or loan account(s) have been accessed, or someone has transferred money without your permission, you must notify Farmers State Bank immediately (see Contact Information below). Farmers State Bank does not maintain a record of your password. If you lose or forget your password, contact Farmers State Bank immediately so that you may select a new confidential password.
Farmers State Bank
P.O. Box 352
Center, Texas 75935
Your Liability for Unauthorized Transfer
Tell us AT ONCE if you believe your account information and/or password have been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you believe your account information and/or password has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your account information and/or password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your account information and/or password, and we can prove we could have stopped someone from using your account/and or password without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money if you had told us in time.
Errors and Questions
Telephone us as soon as you can if you think your statement or receipt 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 after we sent the FIRST statement on which the problem or error appeared. Your inquiry must include:
1. Your name and account number;
2. A description of the error or the transfer you are unsure about and an explanation of why you believe it is an error or why you need more information;
3. The dollar amount of the suspected error; and,
4. The date of occurrence.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will generally tell you the results of our investigation within 10 business days of the receipt of your complaint or question (20 business days if the transaction involved an account opened within the past 30 days). If we need more time, however, we may take up to 45 days. If we decide there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
When you access Internet Banking to conduct transactions, the information you enter may be recorded. By using Internet Banking, you consent to such recording.
No Signature Required
When using Internet Banking to conduct transactions, you agree that the Bank may debit your account to complete the transactions, or honor debits you have not signed.
Disclosure of Account Information to Third Parties
We will disclose information to third parties about your account or transfers you made:
1. When it is necessary to complete the transfers;
2. In order to verify the existence and conditions of your account for a third party, such as a credit bureau or merchant;
3. In order to comply with a government agency or court orders; or
4. If you give us written permission.
You will not be charged for the "view accounts", or "transfer internal funds" features of Internet Banking. However, fees for other services may apply. NOTE: Your accounts and loan accounts are still subject to the fees, charges, balance requirements, etc. articulated in the Deposit Agreement and Loan Agreement. You should refer to the Deposit Agreement for legal restrictions and service charges applicable for excessive withdrawals or transfers. Transfers made using the Internet Banking Service are counted against the permissible number of transfers described in the Deposit Agreement.
Alterations and Amendments
The terms of this Agreement, applicable fees, and service charges may be altered or amended by Farmers State Bank from time to time. In such event, Farmers State Bank shall send notice to you either at your address as it appears on Farmers State Bank records or by online notice through Internet Banking. Any continuation of Internet Banking after Farmers State Bank sends you a notice of change will constitute your agreement to such change(s). Further, Farmers State Bank may, from time to time, revise or update the internet banking program, services, and/or related material(s) rendering such prior versions obsolete. Consequently, Farmers State Bank reserves the right to terminate this Agreement as to all such prior versions of the Internet Banking programs, services, and/or related material(s) and limit access to Internet Banking more recent versions and updates.
You agree to promptly notify Farmers State Bank, in writing, of any address change.
Termination or Discontinuation
The use of Internet Banking does require enrollment on your behalf; however, termination of Internet Banking is not accomplished by failure to access your account or use the Service. Therefore, any transactions or payments you have previously authorized will be completed as instructed. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.
Farmers State Bank reserves the right to impose a frequency or dollar limit on, or refuse to make any payment you have directed. Farmers State Bank is obligated to notify you promptly if it decides to refuse to complete your payment instruction. This notification is not required if you attempt to make payments which are prohibited under this Agreement.
In the event of a dispute regarding Internet Banking, you and Farmers State Bank agree to resolve the dispute by looking to this Agreement and all other agreements between you and Farmers State Bank.
You may not assign this Agreement to any other party. Farmers State Bank may assign this Agreement to any present or future, directly or indirectly, affiliated company. The bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
Farmers State Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an officer of Farmers State Bank. No delay or omission on the part of the bank in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Potential Disruption of Service
The following circumstances may negatively affect Internet Banking services:
1. Hardware failure, including but not limited to computer malfunctions (including your personal computer), network, servers, and any other electronic and mechanical equipment failure that may prohibit you from access to the services;
2. Software failure, including but not limited to, viruses, technical errors, system incompatibility, and any other software failure that may prohibit you from access to the services;
3. System outages due to overloaded resources;
4. Outage or physical damage that may be caused by weather, earthquakes, fire, floods or any other physical damage that would prohibit you from access to the services;
5. Any other cause that is beyond the control of Farmers State Bank that may prohibit you for access to the services.
Any of the foregoing circumstances or any similar circumstances may limit, cause delay, or unavailability to the services described in this Agreement. No liability shall be incurred by Farmers State Bank due to any of the foregoing or similar causes that are beyond the control of the Bank.
This Agreement shall be governed by the laws of the State of Texas and by applicable Federal laws and regulations.
You agree to accept this disclosure online rather than a paper disclosure. We recommend you print the entire Agreement and Disclosure for your records.