Terms and Conditions

Internet Banking, Mobile Banking, and Bill Pay Agreement
Effective Date: August 14, 2014

FNBC Bank E-Banking Customer Service Department
870-994-2311
P.O. Box 8, Ash Flat, AR. 72513
fnbcib@fnbc.us

PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BEFORE ENROLLING IN THE SERVICE OR INITIATING ANY TRANSACTIONS.

Table of Contents

  1. Scope of this Agreement
  2. Accepting the Agreement
  3. Definitions
  4. Featured Basic Internet Banking Services
  5. Fees
  6. Requirements for Enrolling in the Service
  7. Equipment Maintenance
  8. Electronic Disclosures
  9. Enrollment Process
  10. Emails
  11. Signature Requirements
  12. Account Balances
  13. Bill Payment and Transfer Limitations
  14. Other Features Available through the Basic Internet Banking Service
  15. Bill Payment Service
  16. Canceling or Changing Bill Payments/Transfers
  17. Our liability for failure to Cancel or Stop the Payment
  18. Reg E Disclosures
  19. Privacy and Internet Security
  20. Alterations and Amendments
  21. Governing Law and Relation to Other Agreements
  22. Assignment
  23. Ownership of Material
  24. Service Termination, Cancellation, or Suspension

1. Scope of this Agreement

This Agreement between you and FNBC (FNBC Bank), P.O. Box 8, Ash Flat, AR. 72513 governs your use of our Internet Banking, Mobile Banking, and Bill Pay Services (the "Service"). The Service permits our customers/members, to perform a number of banking functions on accounts linked to the Service through the use of a personal computer (or mobile device) and the Internet.

2. Accepting the Agreement

After you have carefully read this Agreement in its entirety and the linked Privacy Notice, you will be asked to consent to (accept) the terms and conditions of this Agreement.

You should print and/or save a copy of this Agreement for your records. You can use the print button below or your browser to print this document. You can also use your browser to save a copy of this document on your hard drive.

If you need help printing or saving this document, or if you have any questions about this Agreement, please contact our E-Banking Customer Service Department. Our contact information is listed at the top of this Agreement. You can obtain a paper copy of this Agreement at any time.

WHEN YOU CLICK ON THE "ACCEPT" BUTTON BELOW, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

BY ACCEPTING BELOW, YOU ALSO CERTIFY THAT YOU ARE ABLE AND WILLING TO ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT AND YOU UNDERSTAND THAT YOU CAN PRINT A COPY AND/OR SAVE IT TO YOUR HARD DRIVE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR DO NOT ACCEPT THE ELECTRONIC VERSION OF THIS DOCUMENT, SELECT THE CANCEL BUTTON BELOW.

YOU CAN STILL ENROLL FOR THE SERVICE AT A LATER TIME IN PERSON OR BY UNITED STATES MAIL.

3. Definitions

Agreement - means the terms and conditions of the Internet banking, Mobile Banking and bill payment services.

you or your - Refers to the owner of the Eligible account and person(s) subscribing to or using the Service.

we, us, or our - Refers to FNBC and any agent, independent contractor, Service Provider, licensor, designee, or assignee FNBC may involve in the provision of Internet banking, Mobile Banking and/or bill pay services.

Billing Account - is the checking account from which all Bill Pay Service, Internet Banking, and/or Mobile Banking Service fees will be automatically debited.

Business Customer- Refers to anyone other than a consumer who owns an Eligible account with respect to which the Service is requested primarily for business purposes.

Business Day - is every Monday through Friday, excluding Federal Reserve holidays. Account transfers are processed on all Business Days that the Federal Reserve is open for business. Bill payments are processed on all business days that both the Federal Reserve AND the US Postal System are operating and open for business.

Business Day Cutoff - Refers to the cut-off time for posting purposes. The cut-off time is based on our Business Days and the Central Standard Time Zone 5:00 p.m.. For posting purposes, we will process all transactions completed by 5:00 p.m. on that Business Day. Transactions completed after 5:00 p.m. will be processed on the following Business Day.

Consumer - Refers to a natural person who owns an Eligible Account with respect to which the Service is used primarily for personal, family, or household purposes.

Electronic Funds Transfer (EFT) - Refers to any transfer of funds initiated through the Service, such as a bill pay or account transfer. Bill payments made electronically or via an EFT will be so designated within the Service. If we authorize your Eligible Account(s) for EFTs through the Service, you have certain rights and responsibilities under the EFT Act (Reg E) which are further detailed in Section 29 of this Agreement.

Eligible Accounts - You must have an existing account relationship with us to enable our Internet Banking or Mobile Banking Service. An Eligible Account means any one of your deposit account(s) to which we may allow access via the Service under this Agreement. Only a checking account may be eligible for Bill Pay Service privileges. We may make additional accounts available for the Bill Pay Service from time-to-time as allowed by law or our bill pay Service Provider. If you want to initiate bill payments, or transfer requests from an Eligible Account(s) through the Service, you will need the required withdrawal authority over the account in order to complete the transaction When using the Service, you agree to maintain one or more Eligible accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.

Joint Accounts - If the accounts added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your Access Code and Passcode are authorized unless we have been notified to cancel the Service. In some cases, if your account(s) require two signatures for withdrawal, we may only grant view privileges to your Eligible Accounts through the service. Joint account holders may be assigned individual access IDs, in this case, the service may be identified as two separate services and you will be charged for two services.

Service hours - You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled system maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control. We are not responsible for any delays or difficulties you may have in accessing the Service or certain features.

Service Provider - includes any agent, licensor, independent contractor or subcontractor this financial institution may involve in the provision of the Internet banking, Mobile Banking, or Bill Pay services.

4. Featured Basic Internet Banking Services

The Basic Internet Banking Service currently offers the following features.

* Account Inquiries for balances, rates, etc.,
* Up to 24 Months of Account Statements,
* Transfers between your accounts at this financial institution,
* Secure E-mails via the Service's messaging system,
* Secure file transfers,
* Payments to loans at this financial institution,
* Stop payments on checks you have written, and
* Transaction downloads into Quicken(r), Microsoft(r) Money,

Bill Pay and Mobile Banking are optional services, which you can request in the enrollment process. You can add bill pay or Mobile Banking services at a later time by contacting our E-Banking Customer Service Department. We may add or remove certain features and/or functionality available from time to time.

5. Fees

Basic Internet Banking Services: (account transfers and view balances) - No Charge

Bill Pay: There is no charge from FNBC to use the bill pay service.

Mobile Banking: There is no charge from FNBC to use the Mobile Banking service, however message and data rates may apply.

If no pending payments are scheduled or if there has not been any bill payment service activity for a period of ninety (90) days, Bill Pay Services on an account will be suspended and will require reactivation*.

*Bill Pay Reactivation fee: If there is no bill pay activity on your account for a period of ninety (90) days there may be a one-time charge of $5.00 to reactivate the service. This charge will apply anytime bill pay requires reactivation.

You agree to pay such charges and authorize us to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Other fees and penalties associated with your standard deposit accounts will continue to apply.

You are responsible for any and all telephone access, mobile access, Internet service fees and/or message and data fees that may be assessed by your telephone, mobile, and/or Internet service provider.

6. Requirements for Enrolling in the Service

In order to enroll in the Service you must:

* Have an Eligible Account with this financial institution. Your account with us must be in good standing.
* You must be 18 years of age or older.
* You must be a resident of the United States or its possessions.

Prior to enrolling in the Service and accepting the electronic version of this Agreement, you must verify that you have the required hardware and software necessary to access the Service and to retain a copy of this Agreement.

You will need the following:

* Internet Access for your PC and/or Mobile device.
* A computer with a modem and Internet browser that can support SSL, 128-bit encryption.
* For security purposes, you should use the most current versions of Internet browsers. The most current versions will support 128 bit encryption.

Browser upgrades are accessible on the Service's login page.

* Access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures
* An external e-mail address.

We may revise hardware and software requirements, and if there's a material chance that the changes may impact your ability to access the Service, we will notify you of these changes 30 days in advance and provide you an opportunity to cancel the Service and/or change your method of receiving disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees.

7. Equipment Maintenance

Virus Protection: You should routinely scan your computer and diskettes using a reliable virus detection product. Undetected or un-repaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

Firewalls: You should also utilize a firewall, (hardware and/or software) especially if you have a broadband Internet connection such as DSL or cable modem.

Patches: You should periodically update your operating system and browser for critical security related patches. Microsoft updates and patches can be found at:

http://v4.windowsupdate.microsoft.com/en/default.asp

YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER AND/OR MOBILE DEVICE.

THIS FINANCIAL INSTITUTION SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER, MOBILE DEVICE, OR SOFTWARE, NOR SHALL IT BE RESPONSIBLE FOR ANY COMPUTER VIRUS THAT AFFECTS YOUR COMPUTER, MOBILE DEVICE OR SOFTWARE WHILE USING OUR SERVICE.

WITH YOUR ACCEPTANCE BELOW AND YOUR USE OF THE SERVICE, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL COSTS, EXPENSES, OR ANY DAMAGES WHATSOEVER (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION, OR ATTORNEY'S FEES) RESULTING FROM ANY ERRORS OR FAILURES FROM ANY MALFUNCTION OF YOUR COMPUTER OR MOBILE DEVICE OR ANY VIRUS OR COMPUTER PROBLEMS THAT YOU MAY ENCOUNTER RELATED TO THE USE OF THE SERVICE.

8. Electronic Disclosures

In the future, we may deliver amendments to this Agreement and other disclosures to you in an electronic format. Other disclosures may include: monthly account statements, deposit account disclosures, notices regarding changes in account terms and fees, and privacy notices. The equipment necessary for accessing these types of disclosures electronically is described above in section 6.

WITH YOUR ACCEPTANCE BELOW, YOU AGREE TO ACCEPT INTERNET BANKING RELATED DISCLOSURES IN AN ELECTRONIC FORMAT. YOU ALSO AGREE THAT YOU HAVE THE NECESSARY EQUIPMENT FOR ACCESSING THE SERVICE AND FOR VIEWING ELECTRONIC DISCLOSURES.

You may change the method of delivery at any time (e.g., from electronic format to paper format) by contacting us at:

fnbcib@fnbc.us and/or (870)994-2311

In addition, you can request paper copies of documents through the Service. Additional fees for paper copies may be imposed depending on the type of account you have and/or the reason and frequency of your requests for paper copies. You should print or save a copy of all disclosures delivered electronically.

9. Enrollment Process

You must complete the enrollment process to use the Service. You can enroll for the Service via the Internet.

The Internet enrollment process involves completing a secure online application that will identify your FNBC location and all the information that this financial institution will need to enable the Service.

When you enroll for the Service, you agree to provide true and accurate information. The service will verify the information you submit for accuracy and proper authorizations.

For commercial or business enrollments: You will need to enquire about enrollment at any FNBC office.

10. Emails

For commercial or business enrollments: We will send you an email after you enroll in the Service, which provides you with a temporary password.

We may also send emails and/or secure bank mail messages through the Service regarding important Internet banking or bill pay matters and/or changes to this Agreement. We must maintain your current email address in order to deliver this information to you.

In the future, we may also use your email address to notify you of new services or promotions that FNBC is offering.

It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers and e-mail addresses. Changes can be made either within the system through the Services menu or by contacting our E-Banking Customer Service Department.

You agree to maintain and promptly update your information as applicable. You agree not to impersonate any person or use a name that you are not authorized to use.

11. Signature Requirements

When any transfer or payment initiated through the Service generates items to be charged to your Eligible account(s), you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.

12. Account Balances

Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, checks outstanding, or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. A transfer request must be made before the Business Day Cut-off time 5:00 p.m. to be effective the same Business Day.

The balances within the Service are updated periodically and the system will display the most current "as of" date on the "accounts" summary page. There may be situations that cause a delay in an update of your balances. The Service will use the most current balance available at the time of a transaction to base our approval for account transfers and bill pays.

13. Bill Payment and Transfer Limitations

You may use the Service to check the balance of your Eligible Account (s) and to transfer funds among your Eligible Accounts at this financial institution. However, current federal regulations restrict the number of transactions that you can make from certain types of accounts, such as Money Market and Savings Accounts. For these types of accounts, you may not make more than six (6) transfers or withdrawals, or a combination of both to another account at FNBC or to a third party by means of pre-authorized EFTs, which include computer initiated transfers, telephone transfers, checks, bill payments authorized by personal computer through the Service and point-of-sale transactions during a given monthly statement period. Federal regulations currently place no limits on the number of transfers or bill payments from your Checking Account, therefore this financial institution currently limits the Bill Pay Service to only Checking Accounts.

14. Other Features Available through the Basic Internet Banking Service

(a) Stop Payment Feature

The stop payment feature is not currently available through the Mobile Banking portion of the Service.

The stop payment feature within the Service should NOT be used to cancel transfers and bill payments.

The stop payment feature within the Service is only for stopping payments on checks that you have written or for stopping pre-authorized electronic drafts that are deducted from your account. This feature is accessible in the Services menu of the Internet banking Service and provides a means to securely forward your stop payment requests to us.

As previously stated, only checking or share draft accounts are currently eligible for bill payment privileges. We may make additional accounts available for bill pay from time-to-time as allowed by law.

There is typically a stop payment fee associated with this feature. Please refer to our fee schedule for additional information on fees and service charges associated with stop payments. Additional terms of acceptance or disclosures may apply on the stop payment service and these disclosures will be made at the time you complete the request.

(b) Order Documents, Secure E-Mail & Secure File Delivery Services

These additional features are not currently available through the Mobile Banking portion of the Service.

Additional features within the Service include: secure live chat, secure emails for address changes, document requests, and secure file delivery. The submission of requests, such as those for address changes, document requests, or check reorders, will generate a secure email to this financial institution. Generally, requests received through the secure email feature of the Service will be processed within one (1) to two (2) Business Days. For urgent requests, we recommend that you contact our E-Banking customer service department.

We also offer a direct link for check reorders on our homepage. This link will securely submit your reorder request directly to the check printer.

The secure file transfer feature within the Service provides a means for you to forward files to this institution in a secure manner, through LinkLive secure real time chat.

The LinkLive chat feature within the Service provides a means for you to chat live with an FNBC customer service representative in a secure manner. You also have the option to invite an FNBC employee to view your computer screen for trouble shooting purposes, through the LinkLive chat feature.

FNBC (FNBC Bank) provides this service to its customers. FNBC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any use of this service. Although FNBC uses this service, FNBC has not participated in the development of, nor does FNBC exert any editorial or other control over this service. Links from FNBC to a third-party site do not constitute an endorsement by FNBC of the parties or their products and services. The opinions expressed by users of the service are solely those of the individuals, and do not reflect the opinions of FNBC, members of FNBC management or its Board of Directors.

PLEASE NOTE: In the course of providing this service, if FNBC views evidence of illegal activity on your computer screen, applicable laws may require FNBC to report the activity to proper authorities. By granting FNBC access to your computer screen under this agreement, you waive any claim against FNBC in the event illegal activity is reported.

There may be additional fees associated with some of these services, such as when you reorder checks through the Service.

Fees will be disclosed in our fee schedule and/or at the time of your request.

15. Bill Payment Service

(a) Enrolling in the Service

The Bill Payment Service is not currently available through the Mobile Banking portion of the Service.

You can request access to our bill payment services during the enrollment process by placing a check mark next to "Bill Pay" at the bottom of the enrollment form. You may also enroll for bill payment services by contacting us at (870)994-2311 or (888)435-2265, or you can enroll in person at one of our offices. If you've previously enrolled for our Internet Banking Services, you could also send us a secure Bank Mail through the Service.

(b) Getting Started

In order to pay bills online, you will need to set up your payees by choosing from the database of vendors (payees) that already exist, or you can schedule a payment by entering the necessary payment address information. We will process all payments to payees that have an address in the Continental United States. Due to liability issues, we will not accept bill payments to federal, state or local tax agencies, or payments to settle securities transactions. Otherwise, there are no restrictions on whom you pay or how many payees you may establish. The bill payment service will allow you to see a history of all the payments made from your accounts.

(c) Authorization to Process a Bill Payment

When you schedule or edit a bill payment, you authorize this financial institution to withdraw the necessary funds from your account on the date you schedule the payment to be initiated. If you schedule a payment after the cut-off time and/or if the scheduled payment day falls on a holiday or non-business day, the bill payment will normally be charged to your account the following business day if there are sufficient funds in your account.

(d) Dollar Limits on Bill Pays

The available (collected) balance in your checking account plus your overdraft limit (If applicable) will govern the daily dollar limit for all of your bill payments. You can withdraw up to the system's available balance as long as your account shows sufficient funds or you have sufficient availability in your overdraft line of credit to cover your payments. If a bill payment results in an overdraft to your Eligible account, we may assess a per item overdraft charge pursuant to the most current fee schedule previously provided to you.

If for any reason a scheduled payment processed through the Service is declined, it will automatically be rescheduled for the following business day. The Service will notify you of this action by sending you a "message" that will appear the next time you log on. The Service will continue to attempt to pay the bill on the following business days until there are sufficient funds in your account or availability in your overdraft line of credit or until you cancel or reschedule the payment.

IF YOUR ACCOUNT DOES NOT HAVE SUFFICIENT FUNDS TO ISSUE THE SCHEDULED PAYMENT, YOU MAY BE CHARGED AN INSUFFICIENT FUNDS CHARGE.

(e) Scheduling Bill Payments

Payments can be entered as a one time or recurring transaction. Payments may be scheduled for the current business day or any date in the future at any time of day, but they will only be processed once a day, after 12:01 pm (CST) am on any business day. Payments are posted and processed the following business day. Payments are not processed on weekends or holidays. If you attempt to schedule a payment the same business day after 5:00 pm, the system will notify you that you need to change the date to the next business day.

Payments that you make through the Service are processed either electronically or by check. Payees that accept electronic payments are designated within the Service with an "e" symbol next to the payee name under multiple or pending payments.

In general, the system will attempt to tell you when you can expect the payment to be received by the payee. The estimated payment delivery time frame is typically shown on the check below the amount line. We must forward the funds and billing information to the payee, some lead-time for payments is necessary. Payments made electronically are generally received and credited by your Payee within three (3) business days. Payments made by check are generally received and credited by your Payee within five (5) to seven (7) business days.

Our Service assumes that the payee/vendor will promptly process the payment on the business day it is received. Any delays caused by the payee/vendor will result in additional days before the payment is reflected in their records. Whether the payment is delivered electronically or by check, the payment should be delivered to the payee/vendor and credited to your account at least by the tenth (10th) Business day after the payment was approved and charged to your account.

Although electronic payments are typically processed and received by the payee within 3 business days, you should still schedule ALL bill payments at least 5 business days prior to the payee's due date. This is necessary to meet the requirements of our late payment guarantee as discussed below.

BY USING THIS SERVICE, YOU AUTHORIZE US, AND/OR ANY THIRD-PARTY SERVICE PROVIDER THAT WE MAY USE TO CHOOSE WHATEVER METHOD WE FEEL IS THE MOST EFFECTIVE METHOD TO PROCESS YOUR TRANSACTION.

(f) Bill Pay Late Fee Guarantee

We will reimburse you up to $50 per payment for any late payment fees or penalties you incur as a result of the Payee/Vendor not receiving a payment by the Due Date if all the following apply:

i. If you scheduled the payment to be sent at least 5-business days prior to the due date. This applies regardless of whether the payment is sent electronically or by check.
ii. If correct information was provided to us about the payee (name, address, account number and amount).
iii. If your account had sufficient funds to complete the payment or transfer on the scheduled payment date.
iv. If the payee was a business payee.
v. If the payee assessed late payment fees or penalties due to the delay of this payment.
vi. If you did not receive notice from us, our Service Provider, or the payee at least 10 calendar days prior to your scheduled payment that would have alerted you to a problem processing payments from the Service.

16. Canceling or Changing Bill Payments/Transfers

You cannot cancel a bill payment or transfer after it has been entered into the system AND the information has been processed and/or transmitted to us via the Service; however, you can edit or change a bill payment or transfer that is still "pending", meaning that it has not been processed.

In order to change "pending" bill payments and/or transfers, use the following procedures:

a. Log in and make edits to pending payments and/or transfers.
b. Edits must be made before 5:00 p.m. for transfers scheduled to be processed the same Business Day
c. Edits must be made before 5:00 pm (CST) for bill pays to be processed the next Business Day.
d. You can change the bill payment or transfer amount to $0.00, or
e. If you accidentally transfer funds, simply schedule another transfer to move funds to back to the original account.

In some very limited circumstances, we may be able to stop a bill payment issued by paper check. You must notify this financial institution as soon as possible (by telephone) if you need to cancel this type of payment. We may assess a stop payment fee for such a request.

If you need our assistance on making edits to recurring pending transfers and bill payments; you can send us a secure Bank Mail through the Service; however, we must receive your request three (3) business days or more before the transaction is scheduled for processing. If you call, we may also require you to put your request in writing and send it to us within 14 days after the call.

17. Our Liability for Failure to Cancel or Stop the Payment

If you attempt to cancel a transfer or payment in accordance with the instructions in section 16 and we do not do so, we will be liable for your losses or damages.

18. Reg E Disclosures

The EFT Act, most commonly known as, Regulation E, provides consumers with certain rights and responsibilities with respect to EFTs initiated through our Internet Banking Service. Please read the following EFT disclosures carefully. You should print a copy of this information for future reference.

(a) Consumer Liability for Unauthorized Transfers

Tell us AT ONCE if you believe your access ID or Passcode 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 (plus your maximum overdraft line of credit).

If you tell us within two business days, you could lose no more than $50 if someone used your Passcode without your permission.

If you believe your Passcode has been compromised, lost, or stolen and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Passcode without your permission.

If you do NOT tell us within two business days after you learn of the loss or theft of your Passcode and we can prove we could have stopped someone from using your Passcode 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 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 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 may extend the time periods.

If you believe your Passcode has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write to us pursuant to section 18.

(b) - Errors and Questions.

Please remember that when you give someone your Access ID and Passcode, you are authorizing that person to use the Service and you are responsible for all transactions the person performs using the Service with your Access ID and Passcode. All transactions that person performs even those transactions that you did not intend or want performed are authorized transactions.

If you notify us that the person is no longer authorized, then transactions that person performs after the time you notify us are considered unauthorized. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.

For your protection, safeguard your Access ID and Passcode and sign-off after every Internet Banking or Mobile Banking session.

A consumer has no liability for erroneous or fraudulent transfers initiated by an employee of a financial institution.

(b) Errors or questions regarding EFT transactions

In case of Errors or Questions about your electronic transfers telephone us at

(870)994-2311 or Write us at P.O. Box 8, Ash Flat, AR. 72513 or Email us at fnbcib@fnbc.us

For Bill Payment problems, initiate a payment inquiry in the Payments section of the Service.

Contact us as soon as you can if you think your statement or account history is wrong, or if you need more information concerning an EFT transaction in your statement and/or history. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

If you believe your Access ID, or Passcode has been compromised, lost, or stolen, or that someone has transferred or may transfer money from your account without your permission, call us immediately via any of the methods noted above.

Please include the following information in your notification:

* Name
* Account Number and your Access ID
* Description of the error or the EFT 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.
* Tell us the amount of the error.

For a Bill Payer error tell us:
* The account number used to pay the bill
* Payee name
* Date the payment was scheduled
* Confirmation number
* Payment amount
* Payee account number for the payment in question.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will 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 within 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

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.

(c) Other Problems

If you believe an error, other than an EFT problem or unauthorized transaction has occurred, you can call us at (870)994-2311 or Send secure email to fnbcib@fnbc.us

(d) Disclosure of Account Information to Third Parties

We will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

1. Where it is necessary for completing transactions,
2. When it is necessary for activating additional services,
3. In order to verify the existence and condition of your account to a third party such as a credit bureau or Payee.
4. In order to comply with a governmental agency or court order.
5. If you give us your written permission.
6. It is necessary for the security purposes of our Service Providers, our servicing agents, and/or contractors providing our Internet Banking and electronic funds transfer service.
7. It involves a claim by or against us concerning a deposit to or withdrawal from your account.

Please refer to our privacy notice for additional detail.

(e) Our Liability for Failure to Complete Transactions

If we do not complete a transaction 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 specified in sections. However, there are some exceptions. We will not be liable if any of the following occurs:

1. If through no fault of ours, your Eligible Account(s) or bill payment account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of your overdraft account.
2. Your Eligible Account(s) or Bill Payment Accounts are closed.
3. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction.
4. You have not provided the Service with the correct bill payment account information, or the correct name, address, phone number, or account number for the Payee.
5. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside source) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid these circumstances.
6. If your computer, software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transaction.
7. It can be shown that the payee received the bill payment within the normal delivery timeframe and failed to process the payment through no fault of ours.
8. We have reason to believe that a transaction request may not be authorized by you or any third party whose authorization we believe is necessary.
9. The payment request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal.

Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Eligible Account(s) or cause funds to be directed to a Payee which does not comply with your Payment instructions, we shall be responsible for returning the improperly transferred funds to your Eligible Account(s) and for directing payment to the proper Payee.

Our bill pay late payment guarantee shall be void if the Service is unable to complete any transaction initiated by you because of the existence of anyone or more of the foregoing exceptions.

(f) Documentation and Verification of Payments and Transfers

Information regarding Internet banking and bill pay transactions will be reflected in the account detail and account history sections of the Service and in your regular monthly account statement(s).

You can print a copy of online statements, but for certain accounts, our statement format may be wider than your browser's default printer setting support and may not automatically print correctly or cut off the right-hand side of the page. Our "help" menu in the Service will explain how to change the browser's printer settings to show the entire statement.

19. Privacy and Internet Security

(a) Privacy

We understand how important privacy is to our customers/members. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the Service.

(b) Internet Security

The Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet.

Prior to activating your access to the Service, our E-Banking department will verify your identity and authorization against information associated with the Eligible account (s) that you request to be tied to the service.

Access IDs and Passcodes - One of the main security features protecting the Service is the unique combination of your Access Identification Code (Access ID) and Passcode. During the enrollment process, you will be asked to select a unique Access ID, and then choose a Passcode that will be used to gain access to the Service. You determine your own Passcode, which is encrypted in our database. Neither this financial institution nor its Service Providers have access to this information.

Our Service also uses a program called a "passcode cracker" that will help you select a good Passcode. Because your Passcode is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a Passcode that is hard to guess. The Passcode cracker will encourage you to stay away from words based on your name, address or other personal information. Your Internet Banking Passcode must meet the following minimum requirements:

* It must be at least eight (8) characters long.
* It must contain at least 6 alpha and 2 numeric characters.
* It must not be based upon any personal information you have provided to us.

Note: Special characters may be used to increase security. Do NOT use dictionary words. The "Help" link within the Service will offer tips on choosing a secure Passcode that you can remember.

The User ID and Password that is used for Mobile Banking is the same User ID and Password that you choose for Internet Banking.

Keep your Passcode safe. Memorize your Passcode and do NOT write it down. You should also change your Passcode occasionally, such as every 90 days. A Passcode should be changed immediately if you suspect that your Passcode has been compromised. This can be done at any time from the "Services" menu after you log on to the Service.

We will not contact you via telephone or via email requesting your Access ID or Passcode. If you are contacted by anyone requesting this information, please contact us immediately.

If you disclose your passcode to anyone, and/or if you allow someone to use your passcode to access your accounts, you are authorizing them to act on your behalf and you will be responsible for any use of the system by them (e.g. such as when you provide this information to a joint account holder, spouse, AND/or an aggregation service provider).

Log-On Security - For your protection, you should sign-off after every Internet banking and/or Mobile Banking session. However, in order to help prevent unauthorized access to your account(s) your online session will end automatically if we detect no activity for 10 minutes. This is to protect you in case you accidentally leave your computer unattended after you logged on. When you return to your computer, you will be prompted to re-enter your Passcode, and your session will continue where you left off. In addition, we will deactivate your account after three unsuccessful login attempts within a 24-hour time frame.

Encryption - The Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using Internet banking. Your browser automatically activates this technology when it attempts to connect to our Service. Our Service requires a browser that supports 128-bit encryption. The Service will warn you if your browser does not meet this requirement.

Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.

Certificate Authority - The servers hosting our Service have been certified by a "Certificate Authority" to assure you that you are actually talking to our Service instead of someone pretending to be us. If you are using an older browser, such as anything prior to versions 4.0 on Netscape Navigator or Internet Explorer, you will see that the "Certificate Authorities" key may have expired; you will need to update it on your browser. Instructions for upgrading your browser are located on the Browser SSL Update link, which is located on the Service login page.

Cookies - During your use of the Service, our Internet banking Service Provider will pass an encrypted cookie to your computer in order to identify your computer during the session. This cookie enables us to process multiple transactions during the session without having to provide an Access ID and Passcode for each individual transaction. Users must accept this cookie to use our Internet banking product. This cookie does not contain any personal information; it simply provides another level of security for our Internet banking product. The cookie is stored on your computer's hard-drive, identifying your computer while you are logged on. When you log off, close your browser, or turn off your machine, the cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account.

Use of Public Computers -- The security of public computers (e.g. in a Library, or Internet café) cannot be assured; therefore we strongly recommend that our customers refrain from accessing online accounts on a public computer.

In addition to the security features described above, there may be other security related notices posted on our website or Service from time to time. It is your responsibility to read all security notices.

NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA THE SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS. WHEN YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BELOW, YOU AGREE TO

1. KEEP YOUR PASSCODE SECURE AND STRICTLY CONFIDENTIAL, PROVIDING IT ONLY TO AUTHORIZED SIGNERS ON YOUR ELIGIBLE ACCOUNT(S).
2. IMMEDIATELY NOTIFY US AND SELECT A NEW PASSCODE IF YOU BELIEVE YOUR PASSCODE MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON. 870-994-2311 OR 888-435-2265
3. YOU ALSO UNDERSTAND THAT YOU ARE RESPONSIBLE FOR ALL TRANSACTIONS YOU AUTHORIZE USING THE SERVICE. IF YOU PERMIT OTHER PERSONS TO USE THE SERVICE OR YOUR PASSCODE, YOU ARE RESPONSIBLE FOR ANY TRANSACTIONS THEY AUTHORIZE.

20. Alterations and Amendments

This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Further, we may, from time-to-time, revise or update the applications, Service features, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.

Also, if a change in term(s) or condition(s) is necessary to maintain or restore the security of our system or your account(s), no advance notice is required. Upon notification of any change in terms, if you do not agree with the change(s), you must notify us in writing or via email to cancel your access to the Service.

Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s).

21. Governing Law and Relation to Other Agreements

Accounts and services provided by this financial institution may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) or disclosures related to your account (s) and provided to you separately.

This Agreement shall be governed by and construed in accordance with the laws of the State Arkansas, without regard to its conflicts of law provisions.

22. Assignment

You may not assign this agreement to any other party. We may assign or delegate, this agreement in part or whole, to any third party.

23. Ownership of Material

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by FNBC and/or its Service Providers unless otherwise indicated. All registered and unregistered trademarks in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.

24. Service Termination, Cancellation, or Suspension

In the event you wish to cancel the Service, you may contact customer service via one of the following methods:

Telephone us at (870)994-2311 or (888)435-2265 during customer service hours; and/or

Write us at:
FNBC
P.O. Box 8
Ash Flat, AR 72513

Or send us a Secure Message through the Internet Banking Service.

If you terminate the bill payment services, you authorize us to continue making payments and other previously authorized transactions until we have a reasonable opportunity to act upon your termination notice. Any transaction the Service has already approved and processed before the requested cancellation date will be completed by the Service. All scheduled bill payments, including recurring payments, will not be processed once we have had a reasonable opportunity to act upon your cancellation request. Once we have acted on your notice, we have no further responsibility to make any payments or previously authorized transactions.

You will remain responsible for any fees associated with the Service prior to the effective cancellation date.

We may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement. Access to the Service may be canceled without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Internet Banking, Mobile Banking, or Bill Payment Activity for a period of 6 consecutive months, the Service accessibility will automatically terminate.

After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of services, you must call our E-Banking Department.

Proceed with Enrollment for the Service

By clicking on the "I agree" button below you are acknowledging that you have read and agree to the terms and conditions of this Agreement and would like to proceed with online registration. (If you do not agree, choose cancel below.)

If you click "cancel" you can still enroll in our Internet Banking service at a later time. You will still be asked to accept the Terms of this Agreement.

Mobile Banking Terms and Conditions

Thank you for using the Mobile Banking Services and any related Software provided by FNBC combined with your handheld's text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and bill pay services of which the Service is a part. Financial Institution in its discretion may modify these Terms and Conditions at any time. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS Standard messaging charges apply.

Terms and Conditions:

a. Program: Financial Institution offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user's banking relationship with Financial Institution as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time.

b. Questions: You can contact us at fnbcib@fnbc.us or 888-435-2265 , or send a text message with the word "HELP" to this number: 65958. We can answer any questions you have about the program.

c. To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 65958. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

d. The Services and/or Software may not be available at anytime for any reason outside of the reasonable control of Financial Institution or any service provider

Privacy and User Information. You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Restrictions on Use. You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Financial Institution (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Financial Institution or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Financial Institution, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.

Use of Google Maps. You agree to abide by (1) the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and (2) the Google Legal Notices found at http://www.google.com/intl/en-us/help/legalnotices_maps.html , or other URLs as may be updated by Google.

Mobile Deposit Service User Agreement

This FNBC Mobile Deposit Service User Agreement (the “Agreement”) is entered into by FNBC (the “Bank”) and you, the Customer. The Agreement governs your use of the Mobile Deposit Service (the “Service”). By enrolling to use the Service, you agree to be bound by the terms and conditions contained in this Agreement. Please read this Agreement carefully and keep it for future reference. In addition to this Agreement, your Account is also governed by our Signature Card/ Deposit Agreement, Electronic Banking Terms and Conditions Agreement and Disclosures, including but not limited to the section entitled “Funds Availability Policy.” (together referred to as “the Deposit Agreement”). If the terms and conditions of this Agreement conflict with those of the above-mentioned agreements, the terms and conditions of this Agreement supersede the terms and conditions of the Deposit Agreement, only with respect to the deposits made through the Service. Deposits made through other channels continue to be governed by the Deposit Agreement.

DEFINITIONS

  1. “You” and “your” means: (i) a person who has applied for the Mobile Deposit Service for personal use, or (ii) a small business entity (or its authorized representative, as applicable) that has applied for the Service for business use by that authorized representative.
  2. “Bank,” “we,” “us” and “our” mean FNBC and its successors or assigns.
  3. “Account” means your deposit account with us to which you are authorized to make a deposit using a Mobile Device.
  4. “Mobile Device” means any device acceptable to us as we determine at any given time that provides for the capture of images from Items and for transmission through the clearing process.
  5. “Check 21” means the Check Clearing for the 21st Century Act, as amended.
  6. “End User License Agreement” means the agreement as set forth in Schedule A hereto governing the use of the application software you must download to your Mobile Device in order to use the Service.
  7. “Image” means the electronic image of the front and back of an Item, in addition to other required information, as specified by us, in the format we specify.
  8. “Image Replacement Document” or “IRD” means a substitute check, as defined in Check 21.
  9. “Item” is an original: check, cashier’s check, official check, United States Treasury check, or any other payment instrument, drawn on a financial institution within the United States and payable in United States currency that is payable to you. Items are deemed to be “items” under the Uniform Commercial Code and “checks” under Regulation CC.

TERMS

  1. Mobile Deposit Service. Pursuant to the terms of this Agreement, you may use the Service to deposit Items to your Account by creating an Image of the Item using a Mobile Device, and transmitting that Image to us for deposit. You may transmit Images to us only from a Mobile Device located in the United States.
  2. Hardware and Software Requirements. You agree to transmit an Image to us using only a Mobile Device as we may have expressly authorized for your use to transmit Images. We may reject Images that you transmit to us with an unapproved Mobile Device or by other means to which we have not given our consent.

    Any Mobile Device that you use to transmit Images to us pursuant to this Agreement must be approved by us. We may change the list of approved Mobile Devices from time to time. You are responsible for the security of the Mobile Device, and for allowing its use only by individuals authorized by you. You agree to implement and maintain specific internal security controls to protect the Mobile Device and customer information. We may require that you implement and maintain additional specific controls, and we may notify you of those controls and amend them from time to time.

    You are responsible for all costs of using the Service and operating the Mobile Device, including, but not limited to telephone and internet service charges. You are responsible for maintaining the system’s capacity and connectivity required for use of the Service. We reserve the right to change the hardware and software minimum requirements at any time and for any reason without any notice to you.
  3. Image Quality. You are responsible for the image quality of any Image that you transmit. If an Image that we receive from you or for deposit to your Account is not of sufficient quality to satisfy our image quality standards as we may establish them from time to time, we may reject the Image without prior notice to you. Each Image must include the front and back of the Item, and the following information must be clearly readable: amount, payee name, drawer signature, date, check number, account number, routing and transit number, MICR (Magnetic Ink Character Recognition) line, and any endorsement or other information written on the check.
  4. Processing Images. You authorize us to process any Image that you send us or convert an Image to an Image Replacement Document. You authorize us and any other bank to which an Image is sent to handle the Image or IRD. We reserve the right to reject and to refuse to process any Image you send to us for any reason or no reason, without prior notice to you. When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our website notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur.
  5. Limits. We may establish limits on the dollar amount and/or number of Items or deposits from time to time. 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 deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.
  6. Deposit of Other Items; Deposits when Service Not Available. You agree that you will not use the Service to deposit anything not meeting the definition of an Item. If you use the Service to transmit anything that is not an Item, or if for any reason we are not able to recognize as an Item, we may reject it without prior notice to you. You agree to make those deposits through other channels that we offer, such as at a branch, ATM, or bank by mail. You further agree to use such other channels when the Service may not be available.
  7. Returned Items. You are solely responsible for any Item for which you have been given provisional credit, and any such Item that is returned or rejected may be charged to your Account. You acknowledge that all credits received for deposits made through the Service are provisional, subject to verification and final settlement. Any Item that we return to you will be returned in the form of an Image or an IRD.
  8. Handling of Transmitted Items. You agree not to allow an Item to be deposited or presented for payment more than once, to the extent that it could result in the payment of the Item more than once. You will not allow the transmission of an Image of an Item that has already been presented to us or to any bank by any other means. You will not allow transmission of an Image of an Item that has already been transmitted through the Service. If an Image of an Item has been transmitted to us or to any other bank, you will not allow the Item to be subsequently presented by any other means. If any Item is presented or deposited more than once, whether by Image or by any other means, we may, at our discretion, reject it or return it and charge it against your Account without prior notice to you. For any Image which you have transmitted, you shall be responsible for preventing the transmission of another Image of the Item or presentment of the Item by any other means. You agree to retain the Item for a minimum of five (5) calendar days from the date of the Image transmission, and thereafter to destroy each Item of which you have transmitted an Image after thirty (30) days.
  9. Cooperation with Investigations . You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of Items in your possession and your records relating to Items and transmissions.
  10. Payment Processing.
    1. Item Processing. At our sole discretion, we may process the Images you send to us electronically through other banks, or we may create Image Replacement Documents that will be processed through traditional check processing methods. If you send us Images that are incomplete, that fail to satisfy our image quality requirements, or otherwise do not allow us to meet the requirements of Check 21 or any image exchange agreement that would cover our further electronic transmission of Images that you send us, or we are otherwise unable to process Images that you send us, we may charge the Images back to your account. You agree to be bound by any clearinghouse agreements, operating circulars, and image exchange agreements to which we are a party.
    2. Transmission of Items. The Images you send us are not considered received by us until you receive a message from us acknowledging that we have accepted your deposit. However, the confirmation that we send you does not mean that the transmission was complete or error free. As stated in Section 4 of this Agreement, we may refuse to process any Image you send to us for any reason or no reason whatsoever with no liability to you for our decision.
    3. Funds Availability. If you make a deposit via Mobile Deposit before 5:00 p.m. on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit via Mobile Deposit after 5:00 p.m. or on a day that we are not open, we will consider that the deposit was made on the next business day that we are open. Funds deposited through Mobile Deposit will be available the business day after the deposit was made. Funds from Items deposited through the Service will be made available to you pursuant to our Funds Availability Policy. See the section entitled “Funds Availability Policy” in your Deposit Agreement.
  11. Fees . You are responsible for paying the fees for use of the Service as the Bank may charge them from time to time. The Bank may change the fees for use of the Service at any time pursuant to the section titled “Amendment” below. You authorize the Bank to deduct any such fees from any account in your name.
    Use of the service after notice of the fee change shall be deemed to be acceptance on your part of the new terms.
  12. Representations and Warranties. You make the following representations and warranties to us:
    1. You and any user you authorize will use the Service only for lawful purposes and in compliance with all applicable rules and regulations and with our reasonable instructions, rules, policies, specifications, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party.
    2. You will use the Service to transmit and deposit Images of Items only.
    3. You will transmit only Images of Items acceptable for deposit through the Service and will handle Items as agreed herein.
    4. You are a person authorized to enforce each Item or are authorized to obtain payment of each Item on behalf of a person entitled to enforce an Item.
    5. Items have not been altered.
    6. Each Item bears all required and authorized endorsements.
    7. All of the warranties set forth in Section 4-207 of the Uniform Commercial Code as adopted in the State of Arkansas, in addition to any other warranties made by us to any third party under any applicable law.
    8. All Images accurately and legibly represent all of the information on the front and back of the Item.
    9. You will not use the Service to transmit or deposit any Item, (i) payable to any person or entity other than you, (ii) drawn on your own account, (iii) which you know or should know to be fraudulent, altered, unauthorized, or missing a necessary endorsement, (iv) that is a substitute check or image replacement document, (v) that is drawn on an institution located outside of the United States, or (vi) that is created by you purportedly on behalf of the maker, such as a remotely created check.
    10. No depositary bank, drawee, drawer, or endorser will receive presentment or return of, or otherwise be charged for, a substitute check, the original check, or a paper or electronic representation of a substitute check or the original check such that that person will be asked to make a payment based on a check that it already has paid.
    11. You will use the Service as required by the User Guide.
    12. Your understanding that acceptance of the End User License Agreement is required for use of the Service.
    13. You, if acting on behalf of a small business entity, are fully authorized to execute this Agreement.
  13. Indemnification and Limitations on Liability. In addition to the indemnifications and limitations on liability contained in the Mobile Banking Terms and Conditions and any other Disclosures made by us to you, you hereby indemnify and hold us harmless for any claim, cost, loss or damage caused directly or indirectly by your failure to comply with the terms of this Agreement or by your breach of any representation or warranty contained herein.

    FNBC SHALL NOT BE LIABLE FOR ANY DAMAGES OTHER THAN THOSE CAUSED SOLELY AND DIRECTLY BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND ITS LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF YOUR ACTUAL DAMAGES OR THE TOTAL IN FEES YOU PAID FOR THE USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRIOR TO THE SUPPOSED ACT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. FNBC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED BY FNBC ON AN “AS IS” BASIS, AND THAT YOU USE IT AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, FNBC MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  14. Intellectual Property . This Agreement does not transfer to you any ownership or proprietary rights in the Service, the Mobile Device or any associated software or any part thereof. We or our agents retain all intellectual property rights, title and interest in and to the Service, Mobile Device and any associated software. Neither you nor any user you authorize will:
    1. sell, lease, distribute, license or sublicense the Service;
    2. modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Service or any part of it in any way for any reason;
    3. provide, disclose, divulge or make available to or permit use of the Service by any third party;
    4. copy or reproduce all or any part of the Service; or
    5. interfere, or attempt to interfere, with the Service in any way.
  15. Termination . If Customer wants to terminate his or her access to the Service, he or she may call FNBC at 870-994-2311 or 888-435-2265 option 0. FNBC reserves the right to terminate or suspend the Service, at any time with or without cause and without prior written notice. Notwithstanding termination, any Image transmitted through the Service shall be subject to this Agreement.
  16. Amendment. From time to time the Financial Institution may amend any of the terms and conditions contained in the Agreement, including without limitation, any cut-off time, any business day, and any part of the Schedules attached hereto. Such amendments shall become effective upon receipt of notice (unless such notice is specifically waived) by the Customer or such later date as may be stated in the Financial Institution’s notice to the Customer. If you do not agree with the change you may discontinue using the Service. However, if you continue to use the Service, that shall be deemed your acceptance of and agreement, its terms, and to the change.
  17. Governing Law. This Agreement, and your rights and our obligations under this Agreement, are governed by and interpreted according to federal law and the law of the State of Arkansas. If state and federal law are inconsistent, or if the state law is preempted by the federal law, federal law governs.
  18. Miscellaneous. We may waive enforcement of any provision of this Agreement. Any such waiver shall not affect our rights with respect to any other transaction or modify the terms of this Agreement. No waiver of any breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement. In the event that any provision of this Agreement shall be determined to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
  19. Entire Agreement. This agreement, your Signature Card/Deposit Agreement, initial account disclosures, The Mobile Banking Terms and Conditions, any disclosures that modify this agreement, the Fiserv terms and conditions, FNBC’s Funds Availability Policy and the Key Mobile Agreement shall be considered the entire agreement between the parties. No other terms, promises or warranties have been made or suggested. Use of the service shall be an acceptance of all of the relevant terms on your part. In no event shall FNBC’s marketing materials, user’s guide, website, other correspondence with you or discussions with you modify this agreement unless such modification is in the form of a disclosure and such modification clearly states it is meant to change the material terms of this agreement.
  20. “Amendment”

    At this time there are no FNBC fees associated with this product.

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