1. The Service.
In consideration of the Online Banking services (Services) to be
provided by First National Bank of Kansas (Bank), as described from time
to time in information distributed by BANK to its customers. In the
agreement, “customer” refers to the person(s) subscribing to or using
the Service. The Customer agrees as follows: You may use a Personal
Computer (PC) through an Internet connection to obtain account balances
and transaction information. You may also use your PC to obtain
statements on your accounts and to transfer money between your accounts.
However, transfers from your savings and Money Market accounts are
considered pre-authorized transfers, and pre-authorized transfers are
limited to six (6) per monthly statement cycle by federal regulations.
In addition, you may use your PC to electronically direct us to make
payments from your account to third parties (Payees) that you have
selected to receive payment through the Service. You may make payments
through the Service to any business professional, merchant, family
member, or friend. The (Account) means your designated bill payment
checking account at BANK from which we make bill payments on your behalf
pursuant to the Agreement. By subscribing to the Service or using the
Service to make any payments to a third party, you agree to the terms of
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR
2. Your Merchant List.
You may include all utility companies, merchants, financial
institutions, insurance companies, individuals, etc. whom you wish to
pay through First National Bank of Kansas Bill Payment. Include a
complete mailing address and telephone number for each and your account
number with each payee. We reserve the right to decline to make payments
to certain persons and entities.
3. Your Password.
Each individual who has access to Online Banking, including each
individual named on joint accounts, must designate a password and a user
code. Your password must be a minimum of 6 characters, which must
consist of at least one (1) letter of upper or lower case and one (1)
numeric character. The letters are case sensitive. For example, if you
enter your password as: 1234abc you cannot use 1234ABC. It is required
that you change your password every 90 days to enhance security.
4. Scheduling Payments.
You may choose to add Bill Payment and use your PC to electronically
schedule payments with the Service. Payments are posted against your
balance available for withdrawal, as defined in the bank’s Funds
5. Delivery of Your Payments and
You may schedule payments to be initiated on the current business day,
on a future date, or on the same date of each month, subject to the
restrictions in the Agreement. Although you can enter payment
information through the Service twenty-four (24) hours a day, seven (7)
days a week, payments can be initiated only on business days. Funds will
be deducted from your Account on the business day in which a payment is
to be “initiated.” This date is referred to in this Agreement as the
“Transaction Date.” If you direct the initiation of a payment to occur
on a day other than a business day, it will be initiated on the
following business day.
After funds are withdrawn from your
Account, we may remit your payments by mailing your Payee a check, by
electronic funds transfer, including ACH (Automated Clearing House) or
by other means. Because of the time it takes to send your payment to
them, your Payees generally will not receive payment on the Transaction
Date. This applies regardless of whether the payment is a next-day
payment, a future payment, or a recurring payment, as described below.
Therefore, in order to provide sufficient time for payments to be
received by your Payees, the Transaction Date should be prior to the
date your payment is due, excluding any applicable grace periods (the
“Due Date”). Payments and transfers must be scheduled by the normal
cut-off time of 6:00 pm (Central Standard Time) on any business day in
order for the payment to be initiated for that business day.
6. Recurring Payments.
Recurring payments are those made for the same amount and are made on a
weekly, bi-monthly, monthly basis, etc. Once started, recurring payments
will be made automatically until you tell us to stop or cancel the
payment on-line and we have a reasonable opportunity to react.
7. Our Liability for Failure to
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 might be
liable for some of your losses or damages. 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 money in your account is subject to legal
process or other encumbrances restricting transfer;
If the system was not working properly when you
started the transfer;
If circumstances beyond our control (such as fire or
flood or systems failure) prevent the transfer, despite reasonable
precautions that we have taken; or
If the payee mishandles or delays handling payments
sent by us.
8. Canceling Payment.
You may use your PC to cancel a payment up to 6:00 pm (CST) on the
business day your payment is scheduled to be initiated (“Transaction
Date”). There is no fee for canceling a payment Online. Other requests
must be made at least one (1) day prior to scheduled payment date. A
payment that has been sent may be recalled for a fee of $25 per item but
the BANK will not guarantee the ability to recall an item.
All payments, transfers, and/or fees made with the Service will appear
on your monthly Account statement. The Payee name, payment amount, and
date of the payment will be shown for each payment made through the
Service during that month.
Fees for Services shall be payable in accordance with a schedule of
charges as established and amended by BANK from time to time. Charges
shall be automatically deducted from customer’s Account, and BANK shall
provide to Customer monthly notice of such debit(s) on your statement.
You are solely responsible for the equipment (including your personal
computer and software) you use to access the Services. We are not
responsible for errors or delays or your inability to access the
Services caused by your equipment. We are not responsible for the cost
of upgrading your equipment to stay current with the Services nor are we
responsible, under any circumstances, for any damage to your equipment
or the data resident thereon.
12. Business Days/Hours of Operation.
Our business hours are 8:30 am to 5 pm (CST), Monday through Friday,
and 9:00 am to 12:00 noon Saturday, except
bank holidays. Although payments and transfers can be completed only on
business days, the Service is available 24 hours a day, 7 days a week,
except during maintenance periods.
13. Notice of Your Rights and
Security of your transactions is important to us. Use of the Services
may therefore require a PIN or password. If you lose or forget your PIN
or password, please call
620-364-8472 during normal business hours listed above. We may accept as
authentic any instructions given to us through the use of your password
or PIN. You agree to keep your PIN and password secret and to notify us
immediately if your PIN or password is lost or stolen or if you believe
someone else has discovered your PIN or password. You agree that if you
give your PIN or password to someone else, you are authorizing them to
act on your behalf, and we may accept any instructions they give us to
make transfers or otherwise use the Services. Online Banking Services
enables you to change your password; we recommend that you do so
regularly. We may be liable for certain security breaches to the extent
required by applicable law and regulation. We do not assume any other
liability or otherwise guarantee the security of information in transit
to or from our facilities. Please note that we reserve the right to (1)
monitor and/or record all communications and activity related to the
Services; and (2) require verification of all requested transfers in the
manner we deem appropriate before making the transfer (which may include
written verification by you). You agree that our records will be final
and conclusive as to all questions concerning whether or not your PIN or
password was used in connection with a particular transaction.
If any unauthorized use of your PIN or password occurs you agree to (1)
cooperate with us and appropriate law enforcement authorities in
identifying and prosecuting the perpetrator; and (2) provide reasonable
assistance requested by us in recovering any unauthorized transfer of
Tell us AT ONCE if you believe your PIN or password has been lost or
stolen. Telephoning is the best way of keeping your possible losses
down. You could lose all the money in your account. If you tell us
within two (2) business days, you can lose no more than $50. If you do
NOT tell us within two (2) business days after you learn of the loss or
theft of your PIN or password, and we can prove we could have stopped
someone from using your PIN or password without your permission if you
had told us, you could lose as much as $500. Also, if your statement
shows 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 not get back any money you lost after the 60 days if we can
prove that we could have prevented someone from taking the money if you
had told us in time. If you believe your PIN or password has been lost
or stolen or that someone has transferred or may transfer money from
your account without your permission, call 620-364-8472 during normal
business hours listed above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR
STOLEN PINS OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
14. Errors and Questions.
In case of errors or questions about your electronic transactions,
telephone us at
620-364-8472 during our regular business hours or write us at:
First National Bank of Kansas
PO Box 228
Burlington, KS 66839
As soon as you can, if you think your statement or receipt is wrong or
if you need more information about a transaction listed on the statement
or receipt. We must hear from you no later than sixty (60) days after we
sent you the FIRST statement on which the problem or error appeared. You
will need to:
Tell us your name and Account number (if any);
Describe the error or the transaction 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
Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require
you to send us your complaint or question in writing within ten (10)
business days following the date you notified us. We will determine
whether an error occurred within ten (10) business days (twenty (20)
business days if the notice of error involves an electronic fund
transfer to or from the account within thirty (30) days after the first
deposit to the account was made) 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 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 if the notice of error involves an
electronic fund transfer to or from the account within thirty (30) days
after the first deposit to the account was made) for the amount you
think is in error, so that you will have 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 credit your account.
If we determine there was no error, we will reverse the previously
credited amount, if any, and we will send you a written explanation
within three (3) business days after we finish our investigation. You
may ask for copies of the documents we used in our investigation.
15. Disclosure of Account Information
to Third Parties.
We may disclose information to third parties about your account or the
transactions you make:
Where it is necessary for completing transactions or
resolving errors involving the Services; or
In order to verify the existence and condition of
your account for a third party, such as a credit bureau or a
In order to comply with government agency rules,
court orders, or other applicable law; or
To our employees, service providers, auditors,
collection agents, affiliated companies, or attorneys in the course
of their duties and to the extent allowed by law; or
If you give us your permission.
16. Authorization to Obtain
You agree that we may obtain and review your credit report from a credit
bureau or similar entity. You also agree that we may obtain information
regarding your Payee Accounts in order to facilitate proper handling and
crediting of your payments.
We reserve the right to terminate the Services, in whole or in part, at
anytime with or without cause and without prior written notice. In that
event, or in the event that you give us a termination notice, we may
(but are not obligated to) immediately discontinue making previously
authorized transfers, including recurring transfers and other transfers
that were previously authorized but not yet made. We also reserve the
right to temporarily suspend the Services in situation deemed
appropriate by us, in our sole and absolute discretion, including when
we believe a breach of system security has occurred or is being
attempted. We may consider repeated incorrect attempts to enter your PIN
or password as an indication of an attempted security breach.
Termination of the services does not affect your obligations under this
Agreement with respect to occurrences before termination.
18. Limitation of Liability.
Except as otherwise provided in this Agreement or by law, we are not
responsible for any loss, injury, or damage, whether direct, indirect,
special or consequential, caused by the Service or the use thereof or
arising in any way out of the installation, operation, or maintenance of
your PC equipment.
No waiver of the terms of this Agreement will be effective, unless in
writing and signed by an authorized officer of the BANK.
You may not transfer or assign your rights or duties under this
21. Governing Law.
The laws of the State of Kansas shall govern this Agreement and all
transactions hereunder. Customer acknowledges that he/she has reviewed
this Customer Agreement, understands the terms and conditions set forth
herein, and agrees to be bound hereby.
We can change a term or condition of this Agreement by mailing or
delivering to you a written notice at least thirty (30) days before the
effective date of any such change. We do not need to provide you with
any prior notice where an immediate change in the terms or conditions of
this Agreement is necessary to maintain or restore the security of our
system or an account. However, even in these cases, if the change is to
be permanent, we will provide you with a notice of the change with the
next regularly scheduled periodic statement we send you, or within
thirty (30) days, unless disclosure would jeopardize the security of our
system or an account. Notices mailed or delivered to you under this
paragraph will be considered effective if mailed to the most recent
address we show for you in either our Checking or Savings Account
records, or e-mail address in which you agreed to receive such notices
Customer, in consideration of being allowed access to the Services,
agrees to indemnify and hold the BANK harmless for any losses or damages
to the BANK resulting from the use of the Services, to the extent
allowed by applicable law.
24. Security Procedures.
By accessing the Services, you hereby acknowledge that you will be
entering a protected web site owned by the BANK, which may be used only
for authorized purposes. The BANK may monitor and audit usage of the
System, and all persons are hereby notified that use of the Services
constitutes consent to such monitoring and auditing. Unauthorized
attempts to up-load information and/or change information on these web
sites are strictly prohibited and are subject to prosecution under the
Computer Fraud and Abuse Act of 1986. The Service has an additional
layer of security that is a standard part of you Online Banking login
routine. The additional layer is made up of three parts; an image, a
pass phrase and three challenge questions no one else knows. When you
are at your own computer, enter your Access ID and then click on the
Submit button. We will show your unique image and pass phrase, which
verifies that you are at the valid Online Banking site of First National
Bank of Kansas. Now you know it is safe to enter your Password. When you
are signing in from a different computer, we ask one of your challenge
questions to verify your identity. The secret pass phrase and image will
appear after you answer correctly. You know it is safe to enter your
Password and login; and we know that is it really you.
25. Fee Schedule.
There is no monthly service charge for online banking and bill payment
Fees that may be associated with online banking are:
Bill Payment Non-Sufficient Funds Fee: $25.00
Bill Payment Recall Fee: $25.00
Cancelled Check Copy Fee: $2.50 per item or $25.00 per hour plus $.25
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