DIRECT CONNECT TERMS & CONDITIONS
This Agreement (this "Agreement") is entered into between First Interstate Bank
(the "Bank") and any customer of the Bank who subscribes to Online Banking
with Financial Management Software ("The Service"). The customer is referred to
in this Agreement as "you." Online Banking with Financial Management Software
is referred to as "The Service."
USING THE SERVICE
- You agree to use the Service only as provided in: (1) this Agreement, (2)
the rules, procedures, standards, requirements, Service descriptions and policies
made applicable to the Service from time to time by Bank, and (3) any state
or federal laws or regulations applicable to the Service (collectively, the
"Policies"). Each of your accounts is also governed by the applicable account
disclosure statement and other account documentation, as these documents may
be updated from time to time by the Bank (the "Account Disclosure Statement(s)").
- You will need a computer, related equipment, and certain software in order
to use The Service (In this Agreement, your computer, the related equipment,
certain software, and as applicable Internet access are referred to together
as your "Computer"). You are responsible for the installation, maintenance,
and operation of your Computer. The Bank is not responsible for any errors or
failures from any malfunction of your Computer, for any virus, other problems
or changes that may be associated with the use of your Computer, including,
for example, the cost of your Internet service provider. Also, your software
may include certain functions and features (such as home budgeting and mortgage
comparisons) that do not relate directly to or interact with your accounts at
the Bank. The Bank is not responsible for such functions and features.
- Once you access the Service you will be able to do the following:
- Obtain account balances and transaction information for certain bank
- Transfer funds between certain bank accounts, and
- Send electronic communications to the Bank and receive electronic communications
from the Bank.
- To subscribe to The Service, you must have at least one checking account
with the Bank. If you have multiple accounts at the Bank, you may "link" them
together. The following types of accounts may be linked together:
- Checking accounts
- Savings accounts
- Money market savings accounts
In most cases, you may use The Service to link deposit accounts in which you
have an unrestricted right to withdraw funds. However, the Bank reserves the right
in its sole discretion to deny The Service account linkage and account transactions.
- Your ability to transfer funds between certain accounts is limited by federal
law, as stated in the Deposit Agreements. For example, pre-authorized withdrawals
(including transfers made by telephone and by personal computer, among other
methods) from savings and money market accounts are limited to six (6) each
calendar month. For more information, see the Deposit Agreements.
- There may be a one-business day delay in transferring funds between linked
- No transfers may be made from an account that requires two or more signatures.
- Balance and transaction information provided on any day will generally be
current as of the close of business on the preceding business day. Transactional
information for your linked accounts will only be available for downloading
using the Service for a maximum of 60 days prior to the date of inquiry.
- The Bank will not immediately receive electronic messages that you send.
The Bank will not take action based on your electronic messages until the Bank
actually receives your message and has reasonable time to act.
- The Bank reserves the right to limit the frequency and dollar amount of
transactions from your accounts for security reasons.
- If you withdraw funds from an Eligible Account by means of an electronic
funds transfer other than through The Service (an "EFT"), such as an ATM cash
withdrawal, and the EFT occurs at any time on the same business day that you
use the Service to transfer funds from the same Eligible Account, and if there
are insufficient funds at the end of the day to pay both the EFT and the online
transfer made through the Service, then the EFT will have priority and the online
transfer made through the Service will result in an overdraft on the account.
The same overdraft charges that otherwise apply to your account will be charged;
check your Account Disclosure Statement for these charges.
USE OF INTERNET AND THIRD PARTY SOFTWARE
In using the Service, you acknowledge that you will be sending financial and
other data as well as electronic messages directly to the Bank through the Internet
and the Service that is licensed to you by either Intuit or Microsoft. You agree
that the Bank is not responsible in any manner for any weaknesses in the security
of either the Internet or the Service.
REPORTING UNAUTHORIZED TRANSACTIONS
If you believe that an unauthorized transaction has been made from your account,
telephone the Bank immediately at: 1-888-752-3332 or write the Bank at:
First Interstate Bank
P.O. Box 30918
Billings, MT 59116
Consumer Accounts: In case of errors or questions about your transactions related
to the Services, contact the Bank immediately. Telephone the Bank at: 1-888-752-3332
or write the bank at:
First Interstate Bank
P.O. Box 30918
Billings, MT 59116
If you think your account statement is wrong or if you need more information
about a transaction listed on the statement, the Bank must hear from you no later
than 60 days after it sends or electronically delivers to you the FIRST statement
on which the problem or error appeared. If you requested more information about
a problem or error, the Bank must hear from you within 60 days after it sends or
electronically delivers that information to you.
- Tell us your name and account number(s).
- Describe the suspected error or the nature of the problem, or describe what
information you need.
- Tell us the dollar amount of the suspected error.
If you tell the Bank orally, the Bank may require that you send your complaint
or question in writing within 10 business days.
The Bank will tell you the results of its investigation within 10 business days
after we hear from you, and will correct a Bank error promptly. If the Bank needs
more time, however, it may take up to 45 days to investigate your complaint or question.
In such case, the Bank will give provisional credit to your account within 10 business
days for the amount you think is in error, so that you will have use of the money
during the time it takes the Bank to complete its investigation. If the Bank asks
you to put your complaint or question in writing and does not receive it within
10 business days, the Bank may not re-credit your account. If you question a transaction
that occurred within 30 days of opening the account, the Bank may take 90 days to
investigate your question. If the Bank has not completed it investigation, it will
credit your account within 20 business days for the amount you think is in error,
so that you will be able to use the money until the error is resolved. The Bank
will tell you the results within 3 business days after completing its investigation.
It the Bank decides that there was no error; it will send you a written explanation.
You may ask for copies of the documents that the Bank used in its investigation.
Consumer Accounts: You can lose no more than $50 if you notify the Bank within
two business days of discovering any unauthorized use of the Service. However, you
can lose as much as $500 if you do not notify the Bank within two business days
of discovering the unauthorized use and the Bank can prove that it could have prevented
the unauthorized use had it been notified. Further, if you do not report unauthorized
transactions that appear on any of your periodic statements within 60 days after
such statements are mailed to you, you risk unlimited losses on transactions made
after the 60 day period if the Bank can prove that it could have prevented the unauthorized
use had it been notified within this 60 day period.
The periodic statements for your bank accounts (which are provided to you with
the regularity provided for in the Deposit Agreements) will include transfers you
authorize using the Service, as well as your other account activity.
BUSINESS DAYS AND HOURS
The business days for the Bank are normally Monday through Friday. Holidays are
not business days. The Service can only make transfers on business days. You are
responsible for all transfers you authorize using the Service. If you permit other
persons to use the Service, you are responsible for any transactions they authorize
from your deposit accounts.
You should notify the Bank immediately if you believe any of your accounts have
been accessed without your permission. Contacting the Bank right away will help
you reduce possible losses.
BANK'S RESPONSIBILITY AND DISCLAIMERS
The Bank is responsible for your actual losses if they were directly caused by
the Bank's failure to complete transfers on time according to your properly entered
and transmitted instructions. However, the Bank will not be liable:
- If you do not have adequate funds in an account to complete a transaction
from that account, or if that account has been closed, or if withdrawals from
any of your accounts have been prohibited by a court order such as a garnishment
or other legal process.
- If you have not properly followed the Service instructions on how to make
a transfer, or if your Computer fails or malfunctions, or the Service was not
working properly and this problem should have been apparent to you when you
attempted to authorize a transfer.
- If you have not given the Bank complete, correct and current instructions
so that the Bank can make a transfer.
- If circumstances beyond the Bank's control prevent making of a transfer,
despite reasonable precautions that the Bank has taken. Such circumstances include
delays or losses of payments caused by telecommunications outages, postal strikes,
actions of third parties (such as payees), equipment failures and acts of God.
- For any direct, incidental, or consequential damages if the Bank's failure
was not intentional and resulted from a bona fide error, notwithstanding procedures
to avoid such errors.
DISCLOSURES OF ACCOUNT INFORMATION TO OTHERS
The Bank will disclose information to third parties about you and your accounts
and transactions as described below.
- The Bank currently has an agreement with outside vendors under which the
vendors assist in the provision of functions. The Bank will provide the vendors
with information about your accounts, your transactions, and your electronic
messages in order to carry out your instructions. Vendors will maintain the
confidentiality of your information and will use it only as necessary to process
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