Digital Banking Agreement

Eligible Accounts
To access your accounts through First Bank Hampton’s Digital Banking you must have at least one eligible account with us. For purposes of the Agreement, the term "Eligible Account" includes the types of deposit and credit accounts that are identified below. If you have more than one Eligible Account, we will "link" the relationships together unless you request certain accounts not be linked. Accounts that are linked under Digital Banking Services will have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through Digital Banking. An account that requires two or more signatures to make withdrawals or with special withdrawal restrictions may not be designated as an Eligible Account.

The following are Eligible Accounts:

You agree to keep your First Bank Hampton Digital Banking Password confidential to prevent unauthorized access to your accounts and to prevent unauthorized use. For security purposes, we recommend that you memorize your Password. If you choose to write it down, store it in a secure place.

If you suspect your Password is lost or in the hands of an unauthorized user, tell us AT ONCE. Telephone Customer Service at 1-888-456-4793. We reserve the right to block your access to Digital Banking Services to maintain or restore security to our web site and systems, if we reasonably believe your Password has been or may be obtained or is being used or may be used by an unauthorized person(s).

Equipment and Software

To access First Bank Hampton’s Digital Banking Services, you must have an active account with an Internet Service Provider (ISP) and a current, fully patched Internet browser. If you experience problems getting on-line, contact First Bank Hampton at 641-456-4793. You are responsible for, at your expense, obtaining, installing, maintaining, and operating all equipment you use. We do not warrant, nor will we be responsible for any errors or failures from the malfunction or failure of your equipment.

Failure to make transfers. 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 make every effort to remedy the situation; however, we cannot assume any responsibility:

You can access banking services through First Bank Hampton’s Digital Banking 24 hours a day, seven (7) days a week. However, at certain times, some or all of the service may not be available due to system or Internet maintenance. If we need to change the scope of Digital Banking we will attempt to provide prior notices of such interruptions and changes, but cannot guarantee that such notice will be provided.

A transfer between deposit accounts initiated through Digital Banking before 5:00 p.m. Central Time on a business day will be posted to your accounts on the same day. We cannot ensure that a transfer between deposit accounts after 5:00 p.m. Central Time on a business day will be posted to your account on the same day. Transfers initiated on a Saturday, Sunday, or a federal holiday, will be posted on the next business day. Credits to loan accounts initiated through First Bank Hampton’s Digital Banking may take up to two (2) business days to post.

Sending electronic messages to us through First Bank Hampton’s web site allows you to contact us with questions and the bank to contact you with notices and disclosures. However, e-mail is neither secure (encrypted) nor available after you log-on to Digital Banking. Therefore, we ask that you not use e-mail to initiate banking transactions.

You agree that we may send you or make available to you notices, disclosures, and other information electronically including, but not limited to, notices, disclosures, and other information required under the Electronic Funds Transfer Act and Regulation E of the Federal Reserve Board. If you have given us an e-mail address or postal address, we are entitled to rely on that address and assume that messages sent to that address are received by you until you give us notice in writing or by e-mail that the address is no longer valid. If we send you a notice or disclosure electronically, and you wish to download or print it and are unable to do so, contact us at the mailing address or telephone number in the Error Resolution section of this Agreement or send us an e-mail and we will provide you with a copy on paper.

Except as otherwise provided in this Agreement or otherwise expressly provided by applicable law or regulation, you agree that neither we nor any party that provides Internet access or provides equipment used to access the Digital Banking Services or any agent, independent contractor, or subcontractor of any of the foregoing will be liable for any loss, injury, or damage including without limitation, direct, indirect, incidental, special, consequential, or punitive damages, whether under a contract, tort or any other theory of liability, arising in any way of the installation, use, or maintenance of Digital Banking Services, or of the Internet access provider used to access the available Digital Banking Services including, without limitation any loss, injury, or damage relating to any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line failure or unauthorized interception or access to your communications with us, even if we or the Service Providers are aware of the possibility of such event.

You will receive a monthly account statement from us for your checking and money market deposit accounts. You will receive a monthly account statement from us for your savings accounts that have the same account number as your checking account or if there are transfers from the savings account in that particular month. In any case, you will receive a savings statement at least quarterly.

We will disclose information to third parties about your account or the transfers you make:

Error Resolution

In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below 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 or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days following the date you notified us. We will tell you the results of our investigation within ten (10) business days (twenty (20) business days if the transfer involved a point-of-sale transaction or a foreign-initiated transfer) after hearing from you, we will correct any error promptly.

If we need more time, however, we may take up to forty-five (45) days (ninety (90) days if the transfer involved a point-of-sale transaction or foreign-initiated transfer) for the amount you think is in error, so that you will have the use of your 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 decide that there was no error, 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.

First Bank Hampton
PO Box 59
Hampton, IA 50441
Business Days: Monday through Friday (excluding Federal Holidays)
Phone: 1-888-456-4793

Termination

This agreement continues in full force and effect until terminated. You may terminate this Agreement and your use of Digital Banking Services at any time by calling Customer Service at 1-888-456-4793 or by sending a written termination notice to First Bank Hampton, PO Box 59, Hampton, IA 50441. Your termination notice will be confirmed by mail. You authorize us to complete fund transfers until we have had a reasonable opportunity to act upon your termination notice.

We reserve the right to change the charges, fees or other terms described in this Digital Banking Agreement. When changes are made to any fees, charges, or other material terms, we will electronically update this Digital Banking Agreement or send an e-message notice to you at the address shown on our records at least thirty (30) days in advance of the effective date of any additional fees for digital transactions, or of any stricter limits on the type, amount, or frequency of transaction or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days before the change. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce, or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Account Disclosure Statement.

By accessing Digital Banking your hereby acknowledge that you will be entering a protected web site owned by First Bank Hampton, 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 Digital Banking Service is free.

Addendum

Mobile Deposit Capture Terms & Conditions

Mobile Deposit Capture is designed to allow you to make deposits of checks (“original checks”) to your accounts from home or other remote locations by photographing the original check and delivering the digital images and associated deposit information (“images”) to us or our processor with your Mobile Device. 

Limits

We may establish limits on the dollar amount and/or number of items or deposits.  If you attempt to initiate a deposit in excess of these limits, we may reject your deposit.  If we permit you to make a deposit in excess of these limits, such deposits will still be subject to terms of this Agreement, and we will not be obligated to allow such a deposit at other times.

Eligible Items

You agree to electronically capture and deposit only checks (i.e., drafts drawn on a credit union or bank and payable on demand.)  Checks must be drawn on United States financial institutions.

You agree that you will not use Mobile Deposit Capture to deposit:

• Savings bonds, Canadian checks, and foreign checks are ineligible.
• Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you). The payee on the check must match the title on the account.
• Third –party checks that are payable to anyone other than you.
• Checks payable to you and another party who is not a joint owner on the account.
• Checks that contain evidence of alteration, or that 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 is drawn.
• Checks stamped with a “non-negotiable” watermark.
• Checks that are stale dated (6 months or older) or postdated (dated in advance of the date you deposit it).
• Checks that have been previously deposited at another financial institution or our institution.

Requirements

Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR (routing and transit number, account number) information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. 

The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.

Endorsements must be made on the back of the share draft or check within 1 ½ inches from the top edge, although we may accept endorsements outside this space.  Your endorsement must include “MOBILE DEPOSIT ONLY” on the first line followed by your signature right below.  Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. 

A check payable to two payees must be endorsed by both payees.  If the check is payable to you or your joint owner, either of you can endorse it.  If the check is made payable to you and your joint owner, both of you must endorse the check.

Receipt of Deposit

Mobile deposits may be made into eligible checking accounts, including Money Markets and Savings. IRAs and Certificates of Deposit are ineligible for Mobile Deposit Capture. All images processed for deposit through Mobile Deposit Capture will be treated as “deposits” under your current Account Agreement with us and will be subject to all terms of the Account Agreement.

When we receive an image, we will confirm receipt via email to you.  We shall not be deemed to have received the image for deposit until we have confirmed receipt to you.  Confirmation does not mean that the image contains no errors.  We are not responsible for any image that we do not receive.

Following receipt, we may process the image by preparing a “substitute check” or clearing the item as an image.  A substitute check is defined as “a paper reproduction of a check that is copied electronically.”

We reserve the right, at our sole and absolute discretion, to reject any image for remote deposit into your account.  We will notify you of rejected images.

Original Checks

After you receive confirmation that we have received an image, you must securely store the original check for forty-five (45) calendar days after transmission to us and make the original check accessible to us at our request.  Upon our request from time to time, you will deliver to us within ten (10) calendar days, at your expense, the requested original check in your possession.  If not provided in a timely manner, such amount will be reversed from your account.

Promptly after forty-five (45) calendar days expires, you must destroy the original check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction.  After destruction of an original check, the image will be the sole evidence of the original check.

You agree that you will never re-present the original check.  You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.

Returned Deposits

Any credit to your account for checks deposited using Mobile Deposit Capture is provisional.  If original checks deposited through Mobile Deposit Capture are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check.

You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item.  Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.

We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.

Your Warranties

You make the following warranties and representations with respect to each image:

• You are an authorized owner/signer on the account.
• You must have an iPhone, iPad, Android Smart Phone or Tablet with a camera.
• Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
• The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.
• You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.
• There are no other duplicate images of the original check.
• You have possession of the original check and no party will submit the original check for payment.
• You will contact us immediately should you find/feel that your Mobile Deposit Capture access was compromised in any way.

You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Indemnification

In addition to the indemnification set forth in this Terms and Conditions and in the Deposit Account Combination Disclosure, you agree to indemnify and hold First Bank Hampton harmless from any claim, cost, loss, or damage arising directly or indirectly from your failure to comply with this CONSUMER MOBILE CAPTURE TERMS & CONDITIONS.

Compliance with Law

You will use Mobile Deposit Capture for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.

Mobile Deposit Unavailability

Mobile Deposit Capture may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software.  In the event that Mobile Deposit Capture is unavailable, you may deposit original checks at our lobby or through an ATM.

Funds Availability

For purposes of funds availability, Mobile Deposits are considered deposited at First Bank Hampton.  Mobile Deposits confirmed as received by 7:00 PM CST on a Business Day will be memo posted immediately unless there is a validation error.  If there is a validation error, the deposit needs to be reviewed and approved to make the funds available to you.  Deposits confirmed received after 7:00 PM CST on a Business Day, and deposits confirmed received on holidays or days that are not business days, will be considered made on the next Business Day we are open.

Funds will be available as described above.  Please refer to our Funds Availability Disclosure (Reg CC) for additional information.

The term “Business Day” means any day other than a Saturday, Sunday, or federally declared legal holiday.

Errors, Discrepancies

Subject to applicable laws and regulations, you agree to notify us in writing of: any error in connection with Mobile Deposit Capture; any discrepancy between any records maintained by you; and any notice you receive from us with respect to any of your accounts associated with Mobile Deposit Capture, within fifteen (15) days of the date of such notice sent by us.  You agree to provide us with any information we may reasonably request in connection therewith.  Notices of any error or discrepancy shall be sent to:

First Bank Hampton

P.O. Box 59

Hampton, IA 50441

All notices sent shall include a description of the error or discrepancy, your name, your Mobile Deposit Username and contact information (such as your telephone number and/or email address).

Mobile Deposit Security

You will complete each deposit promptly.  If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed.  It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits.  You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks or compromise of your mobile device.

If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.

Your Responsibility

You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image.  You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit Capture is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.  In addition you agree that you will not modify, change, or alter any checks you process for deposit.  You will ensure the safety and integrity of your login and password to First Bank Hampton’s Mobile Banking Application.

In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service.  We and our technology partners, inclusive of, but not limited to, FISERV, retain all rights, title and interests in and to the Services, Software and Development made available to you.

Wireless Service

Your wireless provider’s data and messaging rates apply to internet access, including your access to Mobile Deposit Capture.  We do not charge you to access your account information using Mobile Deposit Capture; however, downloadable content may incur additional charges from your wireless service provider.  All such charges are billed by and payable to your wireless service provider and you are responsible for any charges from your wireless service provider.  Additionally, your wireless service provider may impose limitations on your internet access, text messages and data transmission that are outside of our control.

Please contact your wireless service provider for more information if you are uncertain about any charges or limitations imposed by your wireless service provider.  We are not responsible for any damages resulting from your failure to comply with the terms and conditions of any agreement with your wireless service provider.

Withdrawal of Access/Suspension of Service

First Bank Hampton reserves the right to deny, suspend or revoke access to the Mobile Deposit Capture services immediately, in whole or in part, in its sole discretion, without notice, if First Bank Hampton believes you are in breach of this Terms and Conditions or are otherwise using or accessing the services inconsistent with the terms and conditions hereof.

Further, First Bank Hampton, or its subcontractor shall have the right to suspend the Service immediately (a) in the event of an emergency or in the event of risk beyond reasonable control, (b) if First Bank Hampton is uncertain as to the accuracy of any check, or (c) First Bank Hampton determines in its sole discretion that your financial condition renders use of the Services no longer advisable.

Accountholder’s Indemnification Obligation

You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Services and/or breach of this Terms and Conditions.  You understand and agree that this paragraph shall survive the termination of this Terms and Conditions.

You understand and agree that you are required to indemnify our technology partners, including but not limited to FISERV, and hold harmless FISERV, its affiliates, officers, employees and agents, from any third party claims, suits, proceedings, actions or demands, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to FI or End User’s use of the Services, FISERV, unless such claim directly results from an action or omission made by FISERV in bad faith.

You understand and agree that this paragraph shall survive the termination of this Terms and Conditions.

Disclaimer of Warranties

You agree that your use of any remote banking service and all information and content (including that of third parties) is at your risk and is provided on an "as is" and "as available" basis.

We disclaim all warranties of any kind as to the use of any remote banking service, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. We make no warranty that any remote banking service will meet your requirements or will be uninterrupted, timely, secure, or error-free. We make no warranty that the results that that may be obtained will be accurate or reliable or that any errors in any remote banking service or technology will be corrected.

Limitation of Liability

Your agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other losses incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of any remote banking service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if we have been informed of the possibility thereof, except as otherwise required by law.

Amendment

We may amend or change any of the terms and conditions of these Mobile Deposit Capture Term and Conditions Addendum at any time.

Addendum
Alerts Terms and Conditions

Alerts

Your enrollment in First Bank Hampton’s Digital Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your First Bank Hampton account(s). Account Alerts and Additional Alerts must be managed and/or added digitally through the Service. We may add new alerts from time to time, or cancel old alerts. We usually notify you when we cancel alerts, but are not obligated to do so. First Bank Hampton reserves the right to terminate its alerts service at any time without prior notice to you.

Methods of Delivery

We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your First Bank Hampton Digital Banking message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service.

Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

 

Alerts via Text Message

To stop alerts via text message, text "STOP" to 41952 at any time.  Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in First Bank Hampton Digital Banking.  For help with SMS text alerts, text “HELP” to 41952. In case of questions please contact customer service at 641-456-4793. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile^®, U.S. Cellular^®, Verizon Wireless, MetroPCS.

Limitations

First Bank Hampton provides alerts as a convenience to you for information purposes only. An alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside First Bank Hampton’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert.

You agree to not hold First Bank Hampton, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information

As alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your alerts will be able to view the contents of these messages.

Privacy Policy for Apple/Google 

Location Services

Location Information: If you have enabled location services on your phone and agree to the collection of your location when prompted by the Services, we will collect location data when you use the Services even when the app is closed or not in use; for example, to provide our fraud detection services.  If you do not want us to collect this information, you may decline the collection of your location when prompted or adjust the location services settings on your device.

Links to Other Sites

The App may contain links to third party websites. When you click on a link to any other website or location, you will leave the App and go to another site and another entity may collect personal and/or anonymous information from you. The App’s provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content.

Please be aware that the terms of this Privacy Policy do not apply to these outside websites. We encourage you to read the privacy policy of every website you visit.

Your Choices Regarding Your Information

You have several choices regarding use of information on the Services.