Online Access Agreement
Agreement — This Agreement, which includes the Fee Schedule and Enrollment Form, is a contract which establishes the rules which cover your electronic access to your accounts at COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK through HORIZON ONLINE. By using HORIZON ONLINE, you accept all the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the deposit agreements and disclosures for each of your COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK accounts as well as your other agreements with COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of Kansas (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and First National Bank’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
Definitions — As used in this Agreement, the words “we,” “our,” and “us,” mean Colorado First National Bank and First National Bank. “You” and “your” refer to the accountholder authorized by COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK to use HORIZON ONLINE under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through HORIZON ONLINE. “Account” or “accounts” means your accounts at COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK. “Electronic funds transfers” means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK accounts using HORIZON ONLINE including bill payments. “HORIZON ONLINE Services” means the services provided pursuant to this Agreement, including the HORIZON ONLINE BILL PAYER. “Business days” means Monday through Friday. Holidays are not included.
Access — To use HORIZON ONLINE, you must have at least one checking account at COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK, access to Internet service, and an e-mail address. Once we have Processed your Enrollment Form, and verified your account information, we will send you, either by e-mail or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID and temporary Personal Identification Number. HORIZON ONLINE can be used to access only the COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK accounts which you have designated for access by HORIZON ONLINE in your Enrollment Form. You can add or delete any of your COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK accounts from this Agreement by completing a new Enrollment Form. Access to your accounts through HORIZON ONLINE will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through HORIZON ONLINE to determine that they are made on behalf of the accountholder.
HORIZON ONLINE Services — You can use HORIZON ONLINE to check the balance of your COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK accounts, view COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK account histories, transfer funds between your COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK accounts, order checks, make stop payment requests, view checks, change your address, and download information about you accounts to financial money management software. You may also pay bills from your COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK accounts in the amounts and on the dates you specify if you have requested the HORIZON ONLINE BILL PAYER service on your Enrollment Form.
Hours of Access — You can use HORIZON ONLINE seven days a week, twenty-four hours a day, although some or all HORIZON ONLINE services may not be available occasionally due to emergency or scheduled Horizon Online maintenance. We agree to post notice of any extended periods of non-availability on the HORIZON ONLINE Web site.
Your Personal Identification Number — For security purposes, you are required to change your Personal Identification Number upon your initial login to HORIZON ONLINE. You determine what Personal Identification Number you will use and the identity of your Personal Identification Number is not communicated to us. You agree that we are authorized to act on instructions received under your Personal Identification Number. You accept responsibility for the confidentiality and security of your Personal Identification Number and agree to change your Personal Identification Number regularly. Upon three unsuccessful attempts to use your Personal Identification Number, your HORIZON ONLINE account will be locked. You must contact us to have your account unlocked or wait 24 hours for the system to clear your account.
We recommend that you create a Personal Identification Number that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your Personal Identification Number should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
Security — You understand the importance of your role in preventing misuse of your accounts through HORIZON ONLINE and you agree to promptly examine your paper statement for each of your COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your login ID and Personal Identification Number are intended to provide security against unauthorized entry and access to your accounts. Data transferred via HORIZON ONLINE is encrypted in an effort to provide transmission security and HORIZON ONLINE utilizes identification technology to verify that the sender and receiver of HORIZON ONLINE transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the HORIZON ONLINE is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing FIRST NATIONAL BANK HORIZON ONLINE, or e-mail transmitted to and from us, will not be monitored or read by others.
Fees and Charges — You agree to pay the fees and charges for your use of HORIZON ONLINE services as set forth in the current fee schedule, which can be found at any location. You agree that all such fees and charges will be deducted from the COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK checking account designated on your Enrollment Form. If you close this Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of HORIZON ONLINE.
Posting of Transfers — Transfers initiated through HORIZON ONLINE before 5:00 p.m. (Mountain Time) on a business day are posted to your account the same day. Transfers completed after 5:00 p.m. (Mountain Time) on a business day, Saturday, Sunday or First National Banking holiday, will be posted on the next business day. HORIZON ONLINE identifies transfers based upon the login ID of the user who made the electronic transfer.
Overdrafts (Order of Payments, Transfers, and other Withdrawals) — If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
a. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
b. Electronic fund transfers initiated through HORIZON ONLINE which would result in an overdraft of your account may, at our discretion, be cancelled;
c. In the event the electronic fund transfers initiated through HORIZON ONLINE which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
Limits on Amounts and Frequency of HORIZON ONLINE Transactions — The number of transfers from COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
HORIZON ONLINE BILL PAYER — You must set up payee accounts with the complete name of the payee, the account number, and the payee’s remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be processed. If the date you want the payment to be processed is not a business day; payment will be processed the day before. Funds sent electronically will be debited from your account the day after the payment is processed. Funds sent by manual check will be debited from your account when the check clears the account. By using the HORIZON ONLINE BILL PAYER option, you agree that, based upon instructions received under your Personal Identification Number, we can charge your designated account by electronic transfer, “no signature required draft”, or by debiting and remitting funds on your behalf. You also agree that your HORIZON ONLINE BILL PAYER monthly fee will be charged to your lowest sequential account number set up for bill payment unless you request differently.
Scheduling HORIZON ONLINE BILL PAYER Payments — If the payee is to be paid by paper check (as indicated on the Bill Payer list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment for 5 to 7 business days after the date the payment is processed. If the payee is to be paid electronically (as indicated on the Bill Payer list), you understand and agree that the payee may not receive the payment for 3 to 4 days after the date the payment is electronically processed. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.
How to Cancel a Bill Payment — To cancel a bill payment that you have scheduled through HORIZON ONLINE BILL PAYER, you must cancel the payment online via your HORIZON ONLINE BILL PAYER before 10:30 a..m. (Mountain Time) on the date the payment is scheduled to be processed.
Stop-Payment Requests — Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment which has been paid electronically. You may be able to stop a HORIZON ONLINE BILL PAYER payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone so we may determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the confirmation number from the Bill Payment Screen.
You may initiate stop-payment requests online via HORIZON ONLINE only for paper checks you have written (non-electronically) on your FIRST NATIONAL BANK accounts (not HORIZON ONLINE BILL PAYER paper drafts.) Online stop-payment requests are processed at 9:00 a.m. on the business day following the date the stop-payment has been requested online. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check.
If you make your stop-payment request online or by telephone, we may also require you to put your request in the form of a paper writing and get it to us within 14 days after you call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. Stop-payment charges for HORIZON ONLINE BILL PAYER paper drafts will be assessed in addition to the stop-payment charges for the applicable account.
Disclosure of Account Information and Transfers — You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because
Periodic Statements — You will not receive a separate HORIZON ONLINE statement. Transfers to and from your accounts using HORIZON ONLINE will appear on the respective periodic paper statements for your FIRST NATIONAL BANK accounts.
Change in Terms — We may change any term of this Agreement at any time. If the change would result in increased fees for any HORIZON ONLINE service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or HORIZON ONLINE. We will post any required notice of the change in terms on the COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK HORIZON ONLINE Web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or Horizon Online, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject HORIZON ONLINE services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments - Contact us as soon as you can, if you think your paper statement is wrong, or if you need more information about a transfer listed on your paper statement. We must hear from you no later than 60 days after we sent the FIRST paper statement upon which the problem or error appeared. When you contact us:
(1) Tell us your name and account number.
(2) Describe the error or 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.
(3) Tell us the dollar amount of the suspected error and date.
(4) If the suspected error relates to a bill payment made via the HORIZON ONLINE BILL PAYER, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, Confirmation number, and the payee account number for the payment in question. (This information appears on the Bill Payment Screen.)
If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of a paper writing, including the enumerated information above, by postal mail or fax within 10 business days.
We will communicate to you the results of our investigation within 10 business days after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for point-of-sale or foreign-initiated transactions, or transactions within 30 days after the first deposit to the account) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you will 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 in the form of a paper writing within 10 business days, we may not provisionally credit your account.
If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation and within the error resolution time frame. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.
Our Liability for Failure to Make a Transfer — If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
(1) If, through no fault of ours, you do not have enough money in your account to make a transfer.
(2) If a legal order directs us to prohibit withdrawals from the account.
(3) If your account is closed, or if it has been frozen.
(4) If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
(5) If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
(6) If any electronic terminal, telecommunication device, or any part of the HORIZON ONLINE electronic funds transfer is not working properly and you knew about the problem when you started the transfer.
(7) If you did not enter complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
(8) If you have not properly followed the on-screen instructions for using HORIZON ONLINE.
(9) If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers —
Consumer Liability: Tell us AT ONCE if you believe your card and/or 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. Disclaimer of Warranty and Limitation of Liability — We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the HORIZON ONLINE services provided to you under this Agreement. We do not and cannot warrant that HORIZON ONLINE will operate without errors, or that any or all HORIZON ONLINE services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to HORIZON ONLINE, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK and its affiliates exceed the amounts paid by you for the services provided to you through HORIZON ONLINE.
Consumer Liability: Tell us AT ONCE if you believe your card and/or 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.Colorado Residents: If the unauthorized use of your lost or stolen card and/or code occurs through no fault of yours, no liability will be imposed on you. Otherwise, you will be liable for the lesser of (1) $50.00 or (2) the amount of any money, property, or services obtained by unauthorized use of the card and/or code before you gave us notice. Kansas Residents: You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 4 business days, you can lose no more than $50 if someone used your card and/or code without your permission. (If you believe your card and/or code has been lost or stolen, and you tell us writing 4 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card and/or code without your permission.) If you do NOT tell us within 4 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $300. Kansas and Colorado Residents: If your statement shows transfers that you did not make, including those made by card, code or other means, 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. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa Debit card. This additional limit on liability does not apply to ATM transactions, to transactions using your Personal Identification Number which are not processed by Visa, or to commercial cards. A Visa card may not be used for any illegal transaction. Visa is a registered trademark of Visa International Service Association.Contact in event of unauthorized transfer: If you believe your card and/or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this disclosure. You should also call the number or write to the address listed at the end of this disclosure if you believe a transfer has been made using the information from your check without your permissionBusiness Days: For purposes of these disclosures. Our business days are Monday thru Friday. Holidays are not included.
Disclaimer of Warranty and Limitation of Liability — We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the HORIZON ONLINE services provided to you under this Agreement. We do not and cannot warrant that HORIZON ONLINE will operate without errors, or that any or all HORIZON ONLINE services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to HORIZON ONLINE, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK and its affiliates exceed the amounts paid by you for the services provided to you through HORIZON ONLINE.
Your Right to Terminate — You may cancel your HORIZON ONLINE service at any time by providing us with written notice by postal mail or fax. Your access to HORIZON ONLINE will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate — You agree that we can terminate or limit your access to HORIZON ONLINE services for any of the following reasons:
1. Without prior notice, if you have insufficient funds in any one of your FIRST NATIONAL BANK accounts. HORIZON ONLINE service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
2. Upon 3 business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.
3. Upon reasonable notice, for any other reason in our sole discretion.
Communications between COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK and You — Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
E-mail — You can contact us by e-mail at firstname.lastname@example.org (Please note that First National Banking transactions through HORIZON ONLINE are not made via e-mail.)
Telephone — You can contact us by telephone at 1-800-899-7977
Facsimile — You can contact us by fax at 1-785-890-2800
Postal Mail — You can write to us at:
COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK
202 E. 11th, P.O. Box 570
Goodland, KS 67735-0570
In Person — You may visit us in person at any one of our locations:
* BENNETT – 1190 South 1st, Bennett, CO 80102
* GOODLAND – 202 E. Eleventh, Goodland, KS 67735
* ST. FRANCIS – 201 W. Washington, St. Francis, KS 67756
* COLBY – 1195 South Range, Colby, KS 67701
* QUINTER – 400 Main, Quinter, KS 67752
* KIRK – 2988 County Road M, Kirk, CO 80824
* OBERLIN – 101 N. Penn, Oberlin, KS 67749
* BIRD CITY – 210 Bird Avenue, Bird City, KS 67731
Consent to Electronic Delivery of Notices — You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the COLORADO FIRST NATIONAL BANK and FIRST NATIONAL BANK HORIZON ONLINE Web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.
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