Online & Mobile User Agreement
Electronic Fund Transfer Disclosure
For purposes of this disclosure and agreement the terms “we”, “us” and “our” refer to First Bank Kansas. The terms “you” and “your” refer to the recipient of this disclosure and agreement.
The Electronic Fund Transfer Act and Regulation E require institutions to provide certain information to customers regarding electronic fund transfers (EFTs). This disclosure applies to any EFT service you receive from us related to an account established primarily for personal, family or household purposes. Examples of EFT services include direct deposits to your account, automatic regular payments made from your account to a third party and one-time electronic payments from your account using information from your check to pay for purchases or to pay bills. This disclosure also applies to the use of your MasterCard Debit Card (hereinafter referred to collectively as “Debit Card”) at automated teller machines (ATMs) and any networks described below.
TERMS AND CONDITIONS.
The following provisions govern the use of EFT services through accounts held by First Bank Kansas which are established primarily for personal, family or household purposes. If you use any EFT services provided, you agree to be bound by the applicable terms and conditions listed below. Please read this document carefully and retain it for future reference.
DEFINITION OF BUSINESS DAY.
Business days are Monday through Friday excluding holidays.
ELECTRONIC FUND TRANSFER SERVICES PROVIDED
DEBIT CARD SERVICES.
The services available through use of your debit card are described below.
MASTERCARD DEBIT CARD SERVICES:
- You may withdraw cash from your checking account(s), savings account(s), and money market account(s)
- You may make deposits into your checking account(s), savings account(s), and money market account(s
- You may transfer funds between your checking and savings accounts, checking and money market accounts, and savings and money market accounts
- You may make balance inquiries on your checking account(s), savings account(s), and money market account(s)
- You may use your card at any merchant that accepts Mastercard® debit cards for the purchase of goods and services
Your ability to perform the transactions or access the accounts set forth above depends on the location and type of ATM you are using and the network through which the transaction is being performed. A specific ATM or network may not perform or permit all of the above transactions.
Besides being able to use your Debit Card at our ATM terminals, you may access your accounts through the following network(s): Cirrus, Star
When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.
POINT OF SALE TRANSACTIONS
Listed below is the card you can use to purchase goods and services from merchants that have arranged to accept your card as a means of payment (these merchants are referred to as “Participating Merchants”). Some Participating Merchants may permit you to receive cash back as part of your purchase. Purchases made with your card, including any purchase where you receive cash, are referred to as “Point of Sale” transactions and will cause your “designated account” to be debited for the amount of the purchase. If you have Opted-in to allow us to authorize and pay overdrafts on ATM and one-time debit card transactions, you may overdraw your account at the ATM, Point-of-Sale and for internet or phone purchases using your card. You will not be alerted or given an option to cancel when you complete a transaction that initiates an overdraft and you may incur overdraft charges. If you have NOT Opted-in and the transaction will result in an overdraft, the transaction may be declined. This does not apply to recurring transactions that you’ve authorized to your card; those transactions may overdraw your account regardless of the Opt-in status on the account.
The following card and the corresponding designated account(s) can be used for Point of Sale transactions:
- MASTERCARD DEBIT CARD: checking account.
Your Debit card may also be used to obtain cash from your designated account(s) at participating financial institutions when so authorized under the terms of your Account Agreement.
CURRENCY CONVERSION- Mastercard®. If you perform transactions with your card bearing the Mastercard® logo in a currency other than US dollars, MasterCard International Inc. will convert the charge into a US dollar amount. At Mastercard International they use a currency conversion procedure, which is disclosed to institutions that issue Mastercard®. Currently the currency conversion rate used by Mastercard International to determine the transaction amount in US dollars for such transactions is generally either a government mandated rate or wholesale rate, determined by Mastercard International for the processing cycle in which the transaction is processed, increased by an adjustment factor established from time to time by Mastercard International. The currency conversion rate used by Mastercard International on the processing date may differ from the rate that would have been used on the purchase date or the cardholder statement posting date.
SERVICES PROVIDED THROUGH USE OF TELEPHONE BANKING
You can perform the following functions through use of Telephone Banking:
- You may initiate transfers of funds between your checking, savings and money market account(s).
- You may make balance inquiries on your checking account(s), savings account(s), money market account(s), and loan accounts and Certificate(s) of Deposit.
In addition, you can perform other transactions such as: When you complete a transfer between deposit accounts using telephone banking both sides of the transaction will memo post to your Account and will affect your available balance immediately. If a transfer is made after 7:30 p.m. it will post to your transaction history during processing at the end of the next business day.
PREAUTHORIZED TRANSFER SERVICES
- You may arrange for the preauthorized automatic deposit of funds to your checking account(s), savings account(s), and money market account(s).
- You may arrange for the preauthorized automatic payments or other transfers from your checking account(s), savings account(s), and money market account(s).
SERVICES PROVIDED THROUGH USE OF ELECTRONIC BANKING
First Bank Kansas offers its customers use of our Electronic Banking service.
Additional services include, but are not limited to, Bill Pay; Mobile Banking. In certain circumstances, External Transfers, that is, the ability to transfer funds from an account held at another financial institution into First Bank Kansas, will be enabled. If this access is made available, an addendum to this Electronic Funds Transfer disclosure will be provided.
ELECTRONIC CHECK CONVERSION.
You can authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or to pay bills.
“Electronic Check Conversion” is a transfer via ACH that is created by a merchant using certain information from the check when it is presented to them either in person or through the mail. If the check is mailed to the merchant, you will not receive either your original check or an image of the check on your periodic statement.
LIMITATIONS ON TRANSACTION
TRANSACTION LIMITATIONS- MASTERCARD DEBIT CARD
CASH WITHDRAWAL LIMITATIONS:
You may withdraw up to $700.00 through use of ATMs in any one day.
POINT OF SALE LIMITATIONS:
You may buy up to $2,500.00 worth of goods or services in any one day through use of our Point of Sale service.
OTHER WITHDRAWAL LIMITATIONS. Your total cash withdrawals at ATMs may not exceed $700 per day (that is, from midnight to midnight). Your total purchases may not exceed $2500 per day (that is, from midnight to midnight). When you make a deposit at an ATM (where allowed), we will give you immediate full credit for any cash deposited and immediate credit for the first $225 of checks deposited. Deposits made on a business day before 5:00 p.m. will be posted to your transaction history during night time processing. Deposits made on a business day after 5:00 p.m., Saturday, Sunday or a holiday will be posted to your transaction history during night time processing on the next business day. When you make an ATM transfer the available balance in your accounts will be affected immediately, however: Transfers made on a business day before 2:00 p.m. will be posted to your transaction history during nighttime processing. Transfers made on a business day after 2:00 p.m., Saturday, Sunday or a holiday will be posted to your transaction history during nighttime processing on the next business day. Transactions, either in-person or via the internet/telephone, that are presented as International (meaning not in the United States) will not be approved unless you have given the bank consent to approve such transactions for a pre-determined period of time.
Electronic Banking Limitations
You must have sufficient funds in the designated transfer Account at the time a one-time transaction is scheduled. We will not act on any transfer instructions if sufficient funds are not available. Recurring & future dated transfers will not process if funds are not available on the process date, no notice will be sent and the payment schedule will move to the next payment in the payment series. The unavailability of funds will cancel the current transaction, however, it will not affect future payments of a recurring transfer. When you complete a transfer between deposit accounts via Electronic Banking, both sides of the transaction will memo post to your Account and will affect your available balance immediately and will post to transaction history during nighttime processing. If a transfer is completed after 7:30 p.m., the transfer will post to your transaction history during processing at the end of the next business day. An Account that requires two or more signatures to make withdrawals or special withdrawal restrictions may not be available for transaction purposes via Electronic Banking services.
Check images are available within the transaction history for a minimum of ninety (90) days or as part of your downloadable electronic statement for thirteen (13) months.
Failure to login to Electronic Banking within fifteen (15) days of registration or at least once every forty-five (45) days following activation could result in the closing of the Electronic Banking account and will require new registration. You do not have a right to cancel or amend a payment, transfer or other instruction once we have received it. If we attempt to reverse a transaction at your request, we assume no liability for any interest or losses that result if the reversal is not completed.
- We reserve the right to impose limitations for security purposes at any time.
Bill Pay Limitations:
You may use Bill Pay to electronically direct us to make payments from a designated Account on your behalf to third parties that you have selected. You can make payments to any business, merchant, or individual within the United States. Payments to payees outside of the United States are prohibited. We reserve the right to decline to make payments to certain payees. You can schedule payments to be deducted from your Account on a future date or on a recurring basis, subject to the limitations described in this disclosure. Payments are processed on the day designated by you. When a processing day falls on a weekend or bank holiday, the payment is processed the previous business day. When scheduling payments, you should allow one (1) business day for an electronic payment and three to four (3-4) business days for a check payment from the due date that appears on your payment coupon or invoice, regardless of any grace period. Scheduling a payment during a grace period could result in late charges being applied at the discretion of the payee. An estimated arrival date is displayed at the time the payment is scheduled. Funding to process the scheduled payments will be debited from your checking account according to the following schedule:
For payments sent to your payee electronically: on the process date you selected. For payments sent to your payee by check payment: when the check is received and submitted for payment by the payee.
The cutoff time for Bill Pay is 2:00 p.m. Payments entered after this time will be processed the next business day. You may schedule a single payment from a minimum of $1.00 to a maximum of $9,999.99 per business day, to any ‘known’ merchant within the Bill Payment System. The limit to pay an individual (electronically) is $1900.00 per single payment and $3800.00 total, per day.
Failure to login or schedule payments for forty-five (45) consecutive days could result in the closing of your Bill Pay account. You do not have a right to cancel or amend a payment, transfer or other instruction once we have received it. If we attempt to reverse a transaction at your request, we assume no liability for any interest or losses that result if the reversal is not completed.
The Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement.
The Bank will not be liable in any way for damages you incur for any of the following reasons:
(a) Delays in mail delivery; or
(b) Changes to the payee’s address or account number unless we have been advised of the change in advance; or
(c) The failure of any payee to correctly account for or credit the payment in a timely manner; or any other circumstance beyond the Bank’s control; or
(d) If the session during which you schedule a payment or transfer ends by 2:00 p.m., the Bank will consider the payment received on the following business day. For all entries made using the services, the time recorded by the Online Banking Service will be considered the official time of the transaction; or
(e) If your account does not have sufficient funds to make a payment as of the date the payment is debited from your account, the Bill Payment Service may not submit payments. The system will attempt to send the payment three (3) consecutive days, verifying funds at 8:00 a.m. and 3:00 p.m. After six (6) attempts, if funds are not available – the payment will be cancelled.
The Bank will attempt to notify you via Electronic Notice or U.S. Postal Mail that your account has insufficient funds, but the Bank shall have no obligation to process a payment. In all cases, you are responsible for either making alternative arrangements for the payment or rescheduling through the service once funds are available. In the case of recurring payments, only the payment currently scheduled will be impacted and future dates will not be affected.
NOTICE OF RIGHTS AND RESPONSIBILITIES
The use of any electronic fund transfer services described in this document creates certain rights and responsibilities regarding these services as described below.
RIGHT TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS
TRANSACTION RECEIPTS. Depending on the location of an ATM, you may not be given the option to receive a receipt if your transaction is $15.00 or less. Upon completing a transaction of more than $15.00, you will receive a printed receipt documenting the transaction (unless you choose not to get a paper receipt). These receipts (or the transaction number given in place of the paper receipt) should be retained to verify that a transaction was performed. A receipt will be provided for any transaction of more than $15.00 made with your Debit Card at a Participating Merchant. If the transaction is $15.00 or less, the Participating Merchant is not required to provide a receipt. PERIODIC STATEMENTS. If your account is subject to receiving a monthly statement, all EFT transactions will be reported on it. If your account is subject to receiving a statement less frequently than monthly, then you will continue to receive your statement on that cycle, unless there are EFT transactions, in which case you will receive a monthly statement. In any case you will receive your statement at least quarterly.
PREAUTHORIZED DEPOSITS. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company:
- The person or company making the deposit will tell you every time they send us the money.
USING YOUR CARD AND PERSONAL IDENTIFICATION NUMBER (“PIN”). In order to assist us in maintaining the security of your account and the terminals, the Debit Card remains our property and may be revoked or canceled at any time without giving you prior notice. You agree not to use your Debit Card for a transaction that would cause your account balance to go below zero, or to access an account that is no longer available or lacks sufficient funds to complete the transaction, including any available line of credit. We will not be required to complete any such transaction, but if we do, we may, at our sole discretion, charge or credit the transaction to another account; you agree to pay us the amount of the improper withdrawal or transfer upon request.
Certain transactions involving your Debit Card require use of your PIN. Your PIN is used to identify you as an authorized user. Because the PIN is used for identification purposes, you agree to notify First Bank Kansas immediately if your Debit Card is lost or if the secrecy of your PIN is compromised. You also agree not to reveal your PIN to any person not authorized by you to use your Debit Card or to write your PIN on your Debit Card or on any other item kept with your Debit Card. We have the right to refuse a transaction on your account when your Debit Card or PIN has been reported lost or stolen or when we reasonably believe there is unusual activity on your account. The security of your account depends upon your maintaining possession of your Debit Card and the secrecy of your PIN. You may change your PIN if you feel that the secrecy of your PIN has been compromised. You may change your PIN by visiting a First Bank Kansas branch calling 1-844-492-8038.
RIGHTS REGARDING PREAUTHORIZED TRANSFERS
RIGHTS AND PROCEDURES TO STOP PAYMENTS. If you have instructed us to make regular preauthorized transfers out of your account, you may stop any of the payments.
To stop a payment,
Call us at: 785-825-2211 within Salina or 1-877-402-9019 outside Salina or write to:
First Bank Kansas
Customer Service Department
P.O. BOX 1337
Salina, KS 67402-1337
We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call, please have the following information ready: your account number, the date the transfer is to take place, to whom the transfer is being made and the amount of the scheduled transfer. If you call, we may require you to put your request in writing and deliver it to us within fourteen (14) days after you call.
NOTICE OF VARYING AMOUNTS. If you have arranged for automatic periodic payments to be deducted from your checking or savings account and these payments vary in amount, you will be notified by the person or company you are going to pay ten (10) days prior to the payment date of the amount to be deducted.
OUR LIABILITY FOR FAILURE TO STOP PREAUTHORIZED TRANSFER PAYMENTS. If you order us to stop one of the payments and have provided us with the information we need at least three (3) business days prior to the scheduled transfer, and we do not stop the transfer, we will be liable for your losses or damages.
YOUR RESPONSIBILITY TO NOTIFY US OF LOSS OR THEFT.
If you believe your Debit Card or PIN or internet banking access code has been lost or stolen, call us at:
785-825-2211 within Salina or 1-877-402-9019 outside Salina (8 a.m. to 5 p.m. Central Standard time) or write to:
First Bank Kansas
Customer Service Department
P.O. BOX 1337
Salina, KS 67402-1337
After business hours you may call 1-888-297-3416 (within U.S.) or 1-206-389-5200 (outside U.S). You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
CONSUMER LIABILITY. Tell us at once if you believe your Debit Card or PIN or internet banking access code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if applicable). If you tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN or internet banking access code you can lose no more than fifty dollars ($50) if someone used your Debit Card or PIN or internet banking access code without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN or internet banking access code and we can prove we could have stopped someone from using your Debit Card or PIN or internet banking access code without your permission if you had given us notice, you can lose as much as five hundred dollars ($500).
Also, if your statement shows transfers you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you may not get back any money in your account (including your maximum overdraft line of credit, if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason (such as a long trip or hospital stay) keeps you from giving the notice, we will extend the time periods.
CONSUMER LIABILITY FOR UNAUTHORIZED TRANSACTIONS INVOLVING MASTERCARD DEBIT CARD. The limitations on your liability for unauthorized transactions described above generally apply to all electronic fund transfers. However, different limitations apply to certain transactions involving your card with the Mastercard® branded card.
If you promptly notify us about an unauthorized transaction involving your card and the unauthorized transaction took place on your Mastercard® branded card, including any PIN-based ATM or POS transactions, zero liability will be imposed on you for the unauthorized transaction. In order to qualify for the zero liability protection, you must have exercised reasonable care in safeguarding your card from the risk of loss or theft and, upon becoming aware of such loss or theft, promptly reported the loss or theft to us.
ILLEGAL USE OF MASTERCARD DEBIT CARD
You agree not to use your MASTERCARD DEBIT CARD for any illegal transactions, including internet gambling and similar activities.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS.
In case of errors or questions about your electronic fund transfers, call us at: 785-825-2211 within Salina or 1-877-402-9019
outside of Salina (8 a.m. to 5 p.m. Central Standard time) or write to: First Bank Kansas
Customer Service Department
P.O. BOX 1337
Salina, KS 67402-1337
or use the current information on your most recent account statement. Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact First Bank Kansas no later than 60 days after we sent you the first statement on which the problem or error appears.
You must be prepared to provide the following information:
- Your name and account number.
- A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information.
- The dollar amount of the suspected error.
If you provide oral notice, you will be required to send in your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for new accounts and foreign initiated or point of sale transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which you think is in error, so that you will have the use of the money during the time it takes 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 credit your account. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty (30) days after the first deposit to the account is made, including those for foreign initiated or Point of Sale transactions. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
Electronic Mail (E-mail): You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur. E-mail transmissions that are outside of Electronic Banking are not secure. We advise you not to send or ask for sensitive information such as Account Numbers, Password, Account Information, etc. via any general public email system.
LIABILITY FOR FAILURE TO COMPLETE TRANSACTION.
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages as provided by law. However, there are some exceptions. We will NOT be liable, for instance:
- If through no fault of ours, you do not have enough money in your account to make the transfer.
- If the transfer would result in your exceeding the credit limit on your line of credit, if you have one.
- If the electronic terminal was not working properly and you knew about the breakdown before you started the transfer.
- If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.
- If we have terminated our Agreement with you.
- When your Debit Card has been reported lost or stolen or we have reason to believe that something is wrong with a transaction.
- If we receive inaccurate or incomplete information needed to complete a transaction.
- In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.
- If the funds in the account are subject to legal action preventing a transfer to or from your account.
- If the electronic terminal does not have enough cash to complete the transaction.
- There may be other exceptions provided by applicable law.
CHARGES FOR TRANSFERS OR THE RIGHT TO MAKE TRANSFERS
Service charges, if any, are deducted from your account monthly with the exception of out-of-network ATM transaction fees which are charged on the day the transaction posts to your account. Service charges include charges for EFTs. All our service charges, including service charges for EFTs, are listed in the Accounts and Services brochure you receive when you open your Account or obtain a new electronic service. These documents are also available upon request from any of our offices. Some ATM networks charge a “surcharge” that is assessed at the time your transaction is approved. This fee amount may vary. To offset network-handling costs, there is a minimal $2.00 Out-of-Network ATM transaction fee for using the card at another financial institution’s ATM.
DISCLOSURE OF ACCOUNT INFORMATION.
You agree that merchant authorization messages transmitted in connection with Point of Sale transactions are permissible disclosures of account information, and you further agree to release First Bank Kansas and hold it harmless from any liability arising out of the transmission of these messages. We will disclose information to third parties about your account or electronic fund transfers made to your account:
- Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); or
- In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or
- In order to comply with government agency or court orders; or
- If you give us your permission in a record or writing.
AMENDING OR TERMINATING THE AGREEMENT
We may change this agreement from time to time. You will be notified at least 30 days before a change will take effect if it will cause you an increase in costs or liability or it will limit your ability to make electronic fund transfers. No notice will be given if the change is necessary for security reasons. We also have the right to terminate this agreement at any time.