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Community Bank
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FIRST HERITAGE BANK
ONLINE BANKING SERVICE AGREEMENT

1. GENERAL DESCRIPTION OF ONLINE BANKING SERVICE AGREEMENT

What This Agreement Covers

This Agreement between you and First Heritage Bank governs the use of Online Banking services (“Services”). The Services permit First Heritage Bank customers (consumers, sole proprietors and other business customers) to perform a number of banking functions on accounts linked to the service through the use of a personal computer. Unless indicated otherwise by the context, “linked accounts” refers to all of your accounts with First Heritage Bank that you have linked to Online Banking.

Throughout this Agreement, the words “the Bank,” “we,” “us,” or “our” mean, collectively, First Heritage Bank, its subsidiaries and affiliates (including, without limitation, variations of bank name) and all of their respective successors or assigns. “You” or “your” means each owner of the Account or Accounts which will be accessible through the Service. Whenever “you” refers to more than one person with respect to any such account or relationship, the obligations and agreements applicable to you under this Agreement shall be deemed to be joint and several.

Accepting the Agreement

When you use any of the Services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.

Relation to Other Agreements

Your use of the Services may also be affected by the other agreements between us for your linked accounts. When you link an account to Online Banking services, you do not change the agreements you already have with us for that account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with Online Banking services. If you choose to use any of our optional online services, these services will be offered subject to a separate agreement. Optional online services may include e-statements, alerts, mobile banking, mobile deposit, personal financial management and bill pay.

Changes to Agreement

We may offer additional Online Banking services and features in the future. Any such added Online Banking service or feature will be governed by this Agreement and by any terms and conditions provided to you at the time the new service or feature is added or at the time of enrollment for the feature or service. We reserve the right to amend these terms and modify or change the Online Banking Services without notice, except as may be required by law. A link to a copy of this agreement can be found on the login page of the Bank’s website at www.1hbank.com.

2. ONLINE BANKING SERVICES

To access all of the features and services offered by Online Banking, sign in directly through our website at: www.1HBank.com. Please refer to this Agreement, your applicable account agreement or fee schedule for information on fees for optional services.

Online Banking for Consumers and Businesses

You may use Online Banking to:

  • Transfer funds between your linked accounts on either a one-time or recurring basis, including payments to a linked installment loan or mortgage;
  • View current balance information of your linked accounts;
  • Review available transactions of your linked accounts;
  • Perform self-service account maintenance such as:
    • obtain copies of paid checks and monthly checking or savings statements;
    • update your email address;
    • change your User ID, password or other authentication information
  • Send us secure messages and questions.

Some of the above services may not be available for certain accounts or customers.

Other Online and Mobile Services

In addition to the Online Banking features listed above, First Heritage Bank customers with eligible deposit accounts may also use optional services. A monthly service fee may apply for the use of these services as provided in separate agreements for each service, which control the service described therein.

Additional Services Intended for Businesses

We offer businesses the ability to create multiple User IDs, each with the access level you designate. In some circumstances, we also permit you to link the accounts of other businesses you own or control. Contact us for special registration procedures and applicable terms.

3. DESCRIPTION OF ONLINE BANKING SERVICES

Transfers

Processing of Transfer Requests:

  • Transfers can be made in two ways, on a one-time or recurring basis. One-time transfers may be immediate or scheduled for a future date. The recurring transfer feature may be used when a set amount is transferred at regular intervals. For example, a $100 transfers from a checking to a savings account which occurs every two weeks.
  • One-time immediate transfers can be made from a linked checking, savings or money market account to most linked First Heritage Bank accounts.
  • Scheduled and recurring transfers can be made from a linked checking, savings or money market account to a linked checking, savings, money market or loan account.
  • Transfers from a deposit account are immediately reflected in the account’s available balance.

Scheduled and Recurring Transfers:

  • Transfers scheduled for a weekend or a non-bank business day will be processed on the prior bank business day. All other scheduled and recurring transfers will be processed from the funding account at the close of the previous business day.

Transfers to Credit Accounts

  • Funds transferred as a payment to a line of credit, installment loan or mortgage account before 2:00 PM will be credited with the date the payment is submitted. Transfer payments submitted after 2:00 PM will be credited with the next business day’s date. Updates to account balances, funds availability, and transaction postings may take up to two bank business days.

Transfers to Deposit Accounts

  • Funds transferred to a deposit account prior to 2:00 PM on a business day will appear with the same day’s date in the deposit account transaction history. Funds transferred to a deposit account after 2:00 PM on a business day will appear with the next business day’s date in the deposit account transaction history.
  • Please note, immediately requested transfers to any deposit account on a Saturday, Sunday or bank holiday, will appear with our next business day’s date in the deposit account transaction history.
  • All transfers out of a deposit account (such as checking, savings, money market) are immediately reflected in the account’s available balance.

Limitations and Dollar Amounts for Transfers

Transfers made using Online Banking are subject to the following limitations:

  • One-time immediate transfers between linked First Heritage Bank accounts can be for any amount between $0.01 and $999,999,999.99;
  • Scheduled and recurring transfers between linked First Heritage Bank accounts can be for any amount between $0.01 and $999,999,999.99.
  • All transfer limits are subject to temporary reductions to protect the security of customer accounts and/or the transfer system; and
  • At our discretion, we may refuse to process any transaction that exceeds any of the above limits. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer within Online Banking.

Transfer Authorization and Sufficient Available Funds

  • You authorize the Bank to withdraw, debit, or charge the necessary funds from your designated account in order to complete all of your designated transfers.
  • You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of the withdrawal.
  • The completion of a transfer is subject to the availability of sufficient funds at the time the transaction is posted. If enough funds to complete the transfer are not available, we may either (i) complete the transaction and overdraw the account or (ii) refuse to complete the transaction. In either case, we may charge non-sufficient funds (NSF), returned item, overdraft, or similar fees. Please refer to the applicable account agreement and limit and fees disclosure for details.
  • At our option, we may make a further attempt to process the transfer request.
  • The Bank is under no obligation to inform you if it does not complete a transfer because there are not sufficient funds or credit in your account to process the transaction. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer within Online Banking.

Canceling Transfers

Future-dated and recurring transfers can be canceled through the Online Banking service prior to 2:00 pm on the bank business day prior to the date the transfer is scheduled to be made.

The easiest and most convenient way to cancel a transfer is through the method described above. However, you may request to cancel a recurring or future-dated transfer by calling us at: 785-857-3341.

We must receive your phone request two (2) bank business days or more before the transfer is scheduled for processing.

Our Liability for Failure to Cancel or Stop the Transfer

If you attempt to cancel a transfer in accordance with the above instructions and we do not do so, we will be liable for your actual losses or damages. However, we will not be liable for any special, consequential, incidental or punitive losses, damages, or expenses in connection with this agreement or the service, even if we have knowledge of the possibility of the loss, unless such liability is mandated by law or regulation. We will not be liable for any act, failure to act or delay in acting, if it is caused, in whole or in part, by any circumstance beyond our reasonable control.

Accounts Linked to Your Online Banking Services

When you first set up your User ID, we will link all of your eligible First Heritage Bank accounts. If you open an additional eligible account at a later date, we will link your new account to Online Banking, unless you instruct us not to do so. If you want to limit the accounts linked or the activity level assigned to an account, please call us at 785-857-3341, and a representative will discuss the available options with you.

Activity Levels for Linked Accounts

Currently, there are two activity levels that can be assigned to your linked accounts:

  • Inquiry–This level allows you to obtain current account balance and transaction information. This level does not allow transfers of funds from this account to any linked account.
  • Financial–This level allows you to obtain account information and transfer funds between linked accounts, as well as to add Bill Pay services, and certain other banking services.

When you first use Online Banking, all of your linked accounts are assigned the activity level of “Financial.” If any additional accounts are linked to Online Banking, they will automatically be assigned to the activity level of “Financial.” If you want to change the activity level assigned to your linked accounts, please call us at 785-857-3341.

4. OTHER TERMS AND CONDITIONS

Monthly Service Charge

Except as otherwise provided in this Agreement or your applicable account agreements and schedule of fees, there is no monthly service charge for accessing your linked accounts with the Online Banking service.

In addition to the fees already described in this Agreement, you should note that depending on how you access Online Banking, you might incur charges for:

  • Normal account fees and service charges;
  • Any Internet service provider fees;
  • Purchase of computer programs such as Personal Financial Management (PFM) software;
  • Payments or transfers made through Online Banking services from a savings or money market account may result in an excess transaction fee (see your savings or money market account for details);
  • An NSF-fee, returned item, overdraft or similar fee may also apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled or, in the case of a personal check, on the date when the check is presented to us for payment; or
  • The disclosed research fee for an inquiry about a transaction that occurred more than 30 days before the date you make the inquiry. This fee will be waived if we determine that an error on our part occurred.

Service Hours

Online Banking services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. During system maintenance and upgrades, a message will be displayed online when you sign on to Online Banking. A bank representative is available during our regular banking hours. You may also write us at:

First Heritage Bank
P.O. Box 188
Centralia, KS 66415

Bank Business Days

For Online Banking services, our bank business days are Monday through Friday, excluding bank holidays.

Joint Accounts and Authorized Signers

When your Online Banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any owner or authorized signer. Joint accounts using the same User ID will be identified as one service.

Cancellation of Online Banking Services

Your Online Banking services remain in effect until they are terminated by you or the Bank. You may cancel your service at any time by notifying us of your intent to cancel in writing, through Online Banking secure message, or by calling Online Banking customer service at 785-857-3341. This cancellation applies to your Online Banking services and does not close your First Heritage Bank accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service.

We may terminate your participation in Online Banking services for any reason, including inactivity, at any time. We will try to notify you in advance, be we are not obliged to do so.

If you choose to cancel your Online Banking services, any scheduled transfers will continue until you notify us to cancel these transfers. If you use the Online Bill Pay services, a termination of your Online Banking service will also terminate your Online Bill Pay service. Any unprocessed payments using the Online Bill Pay service will be canceled. We recommend that you cancel any scheduled payment prior to notifying us that you are discontinuing the Online Banking service.

Use of External E-mail Address

With Online Banking services, we may send messages to your external e-mail address and notify you that responses to your payment inquiries or customer service inquiries are available, or as otherwise described within the Online Banking services. We cannot act on instructions sent by you from an external e-mail address. You should use Online Banking secure messages to send instructions to the Bank. If, for any reason, your external e-mail address changes or becomes disabled, please contact the Bank immediately so that we can continue to provide you with automated messages. You may notify us of any changes to your external e-mail address through the User Settings menu within the Online Banking service.

Transfers From Savings and Money Market Deposit Accounts

Federal regulations and the deposit agreement impose limits on the number of certain types of withdrawals and transfers you can make each month from a savings and money market deposit account. If you exceed these limits on more than an occasional basis, we are required to convert your account to another type of account and your account may no longer earn interest.

Each transfer or payment through the Online Banking services from your savings or money market deposit account is counted as one of the limited transfers you are permitted each statement period. We recommend that you not use a savings or money market deposit account as your bill payment account because of these limits on transfers. Please review the deposit agreement for your account for more information.

Contact by First Heritage Bank or Affiliated Parties

No First Heritage Bank employee, nor any company affiliated with First Heritage Bank, will contact you via e-mail or phone requesting your User ID or password. If you are contacted by anyone requesting this information, please contact us immediately.

Disclosure of Account Information

We may disclose information to third parties about you or your transactions in the following instances:

  • When it is necessary for completing transfers or bill payments, or to investigate or resolve a problem related to a transfer or payment.
  • To verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
  • To comply with a government agency or court orders, or in connection with fraud prevention or an investigation.
  • If you give us your permission.
  • With our affiliates as permitted under Federal and applicable state laws.
  • On a closed account, if we reasonably believe you have mishandled it.

For more information about our privacy and security practices and a link to our Privacy Policy for Consumers, go to our website at: www.1HBank.com.

Account Statements

We report your Online Banking transactions on the monthly statements for your linked accounts. A description of each transaction, including whom you paid, and the date and amount of the transaction will appear on your statement. In Online Banking, the monthly statement for your checking account is shown within the Online Statements Menu (not the Account History Menu).

Reporting Unauthorized or Erroneous Transactions

If you detect unauthorized or erroneous transactions on any of your accounts, contact us immediately at 785-857-3341.

Contact us immediately if you think:

  • Your statement or transaction record is wrong;
  • You need more information about a transaction listed on your statement;
  • An unauthorized person has discovered your Online Banking password;
  • Someone has transferred or may transfer money from your account without your permission;
  • Bill payment transactions have been made without your authorization.

For Consumer Accounts Only: Tell us AT ONCE if you believe your password has been lost or stolen, or if you believe that a transaction has occurred on your account without your permission. Contacting us immediately by telephone is the best way of limiting your losses. You could lose all the money in your account plus your maximum overdraft limit.

If you tell us verbally, we may require you to send us your complaint or question in writing or via Online Banking secure message within ten (10) bank business days. Please include the following:

  • Your name and account number;
  • The date and dollar amount of the transaction in question;
  • The name of the Payee if the transaction in question is a payment;
  • The transaction number assigned by Online Banking, if available; and
  • A description of the transaction about which you are unsure.

Please explain as clearly as you can why you believe there is an error or why you need more information.

For additional information regarding the ability to limit your losses, please refer to the most recent Electronic Funds Transfer Disclosure provided to you.

Limitation of Liability for Online Banking Transactions

When you give someone your User ID and password, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then only 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, sign off after every Online Banking session and close your browser to ensure confidentiality.

Our Liability for Failure to Complete Transactions

For Consumer Accounts Only [see below for Business Accounts (including Trusts and Sole Proprietors)]: 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. However, we will not be liable for any special, consequential, incidental or punitive losses, damages, or expenses in connection with this agreement or the service, even if we have knowledge of the possibility of the loss, unless such liability is mandated by law or regulation. We will not be liable for any act, failure to act or delay in acting, if it is caused, in whole or in part, by any cause beyond our reasonable control. For instance, we will not be liable:

  • If, through no fault of ours, you don’t have enough available funds in your account;
  • If Online Banking services weren’t working properly, and you knew about the malfunction when you started the transaction or transfer;
  • If circumstances beyond our control (such as fire, flood or natural disaster) prevented the transaction or transfer, despite reasonable precautions we’ve taken; or
  • If there are postal delays or processing delays by the Payee;

There may be other exceptions not specifically mentioned.

For Business Accounts Only (Including Accounts Owned by Sole Proprietors and Trusts)

Protecting Your Password and Security Procedures

You agree that we may send notices and other communications, including password confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your password secure and strictly confidential; 2) immediately notify us and select a new password if you believe your password may have become known to any other person. The Bank will have no liability to you for any unauthorized payment or transfer made using your password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your password even without receiving such notice from you, if we suspect your password is being used in an unauthorized or fraudulent manner.

Acknowledgment of Commercially Reasonable Security Procedures

By using Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for online banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).

Limitation of Bank’s Liability

If we fail or delay in making a payment or transfer pursuant to you instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount that we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days’ interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank of Kansas City for each day interest is due, computed on the basis of a 360-day year. Unless otherwise required by law, in no event will the Bank be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney’s fees, even if we are advised in advance of the possibility or such damages.

 

First Heritage Bank

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