Online Banking Enrollment
First Tennessee Online Banking Agreement
Please review the Online Banking Agreement. Your online banking transactions will be managed in accordance with this agreement. You may want to print and retain for your records.
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First Tennessee Online Banking Agreement General This Online Banking Agreement ("The "Agreement") governs your use of First Tennessee's Online Banking Service (the "Service"). By subscribing to the Service or using the Service, you agree that you have complied with online instructions in accessing the Service, and that you will be bound by the terms of this Agreement. Please read this Agreement carefully and keep a copy for your records. In this Agreement, "you" or "your" refers to the person(s) subscribing to or using the Service; "we" "us" or "our" refers to First Tennessee and any agent, independent contractor, designee, or assignee First Tennessee may, in its sole discretion, involve in the provision of the Service. 1. The Service. This agreement applies whether accessing your accounts through the Internet or software. You can check the balance in your designated First Tennessee accounts (the "Accounts"), order transfers of funds between eligible accounts, and order payments to designated third parties ("payees"). 2. Systems Requirements. For Internet Banking, you must have Internet Access with 128 bit encryption with MS Internet Explorer 4.01 or later, Netscape Communicator 4.01 or later, or AOL 4.0. For Microsoft Money or Intuit Quicken, see systems requirements included with the software package. 3. Your Password. You will be asked to choose an alpha-numeric password which you will use to obtain access to Online Banking. You should not use your ATM Card personal identification number ("PIN") as your password. You authorize us to follow any instructions entered through the Service using your password. Because your password can be used to obtain information and access money in your Accounts, you should treat your password with the same degree of care and secrecy that you use to protect your PIN or other sensitive personal financial data. You agree not to give your password, or make it available, to any person not authorized to access your Accounts. 4. Our Liability for failure to Complete Transactions. We will process and complete all transfers (to and from eligible accounts) properly initiated through the Service in accordance with the online instructions provided within Online Banking and the terms of this Agreement. If we do not complete a transfer to or from your account on time or in the correct amount in accordance with online instructions provided with Online Banking and under the terms of this Agreement, our liability for your losses and damages will be limited to those directly and proximately caused by our failure, not to include indirect, consequential, special or exemplary damages. Further, we will not be liable if: a. Through no fault of ours, you do not have enough money in your account to make the transfer or payment. b. The Service or your PC or modem is not working properly and you knew about the malfunction when you started the transfer or payment. c. A Payee mishandles or delays handling payments sent by us. d. You have not provided us with the correct Payee name, address, account information or payment amount. e. Circumstances beyond our control (such as fire, flood, or delay in the U.S. Mail) prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances. 5. Statements. All of your payments and funds transfers made through the Service will appear on your monthly account statement(s). The Payee name, payment amount, and Transaction Date will be reflected for each payment made through the Service. You agree that we may make your statement available to you online instead of by mail. We will, however, mail you a written statement if requested within the time permitted by law after your statement closing date. To request a written statement, you may call 888-382-6654. 6. Fees. Your fees are as listed in the fee schedule of your Depositor Agreement, as modified from time to time. We will notify you of any changes. 7. Equipment. We are not responsible for any loss, damage or injury resulting from (i) an interruption in your electrical power or telephone service: (ii) the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality; or (iii) any defect or malfunction of your PC, modem or telephone line. We are not responsible for any services relating to your PC other than those specified in this Agreement. 8. Business Days/Hours of Operation. Our business days are Monday through Friday, except bank holidays. Although bill payments can be initiated only on business days, the Service is available 24 hours a day, seven days a week, except during maintenance periods, for the scheduling, modification, or review of payment orders and for funds transfers and balance inquiries. 9. Notice of Your Rights and Liabilities. (a) Consumer Accounts. This subsection applies only to accounts that are established primarily for personal, family or household purposes. Tell us AT ONCE if you believe that your password has been lost, stolen or compromised. Otherwise, you could lose all the money in your accounts accessed by the password. Telephoning is the best and fastest way of keeping your possible losses down. If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call: Online Banking Customer Service - 888-FTB-ONLINE (888-382-6654) or write to: Online Financial Services First Tennessee P. O. Box 84 Memphis, TN 38101-9979 If you tell us within two (2) business days after you discover that your password has been lost or stolen, you can lose no more than $50.00 if someone used your password without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) prevented you from telling us, we will extend the time periods. (b) Business Accounts. You agree to tell us of any unauthorized transactions, or the loss or compromise of your password, within two (2) business days of discovery. You may call your account officer or use the numbers listed in subsection (a) above. If you do not notify us in two business days, we will not be responsible for unauthorized transactions that we could have prevented had you provided timely notice. In no event may you assert an unauthorized transfer claim against us more than 14 days after the record of such transfer became available online for access through your PC, whether or not such information was accessed. 10. Errors and Questions. In case of errors or questions about your electronic transfers or payments, you should telephone Online Financial Services Customer Service at 888-FTB-ONLINE (888-382-6654). We must hear from you no later than sixty (60) days after you received the FIRST statement or notification on your PC in which a problem or error appeared. a. Tell us your name and account number. b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. c. Tell us the dollar amount of the suspected error. We will tell you the results of our investigation within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your account within ten (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 do not receive it within ten (10) business days, we may not re-credit your account. If we decide there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of documents that we used in our investigation. 11. Disclosure of Account Information to Third Parties. We will disclose information to third parties about your Accounts or the transactions you make: a. Where it is necessary for completing a transaction; or b. In order to verify the existence and condition of your Accounts to a third party, such as a credit bureau or merchant; or c. In order to comply with a governmental agency or court orders; or d. If you give us your written permission; or e. To our affiliates or for purposes of offering or providing you other products or services. 12. Authorization to Obtain Information. You agree that we may obtain and review your credit report from an authorized credit bureau. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments. 13. Termination. You may terminate your use of the Service at any time by calling Online Financial Services Customer Service at 888-382-6654, or write to: First Tennessee, Online Financial Services, P.O. Box 84, Memphis, TN, 38101-9979. You must notify us at least ten (10) days prior to the date on which you wish to have your Service terminated. We may require that you put your request in writing. If you have scheduled payments with a Transaction Date within this ten day period, you also must separately cancel those payments. If we have not completed processing your termination request and you have not otherwise canceled a payment, you will be responsible for payments with Transaction Dates during the ten (10) days following our receipt of your written notice of termination. Your notice of termination will be confirmed by mail. We may terminate your use of the Service, in whole or in part, at any time without prior notice. Your access to the Service will be terminated automatically if your Accounts are closed, or access to your Accounts are restricted, for any reason. If you would like to transfer the Service to a different account with us, you must provide ten (10) business days advance written notice. Termination will not affect your liability or obligations under this Agreement for transactions we have processed on your behalf. 14. Limitation of Liability. Except as otherwise provided in this Agreement, we are not responsible for any loss, injury or damage, whether direct, indirect, special or consequential, caused by the Service or the use thereof. 15. Software. The software programs providing the services are provided "as is." We disclaim all warranties whatsoever concerning the software, specifically including without limitation any warranty of fitness for a particular use or warranty of merchantability. The software contains trade secrets in its human perceivable form and, to protect them, you may not modify, translate, reverse engineer, decompile, disassemble or otherwise reduce the software to human perceivable form. You may not create derivative works based on the software or remove any proprietary notices, labels or marks on the software or accompanying documentation. 16. Entire Agreement. This Agreement is the complete and exclusive agreement between you and us related to the Service and supplements the Depositor Agreement related to your Accounts. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Tennessee, without regard to any state's conflicts of laws provisions. 18. Amendments. We may amend or change any of the terms and conditions of this Agreement under the same terms and conditions as we may make changes to the Depositor Agreement governing your accounts. 19. Severability. The same severability provisions, which are set forth in the bank's Depositor Agreement shall also apply to this Agreement. Bill Payment 20. The Bill Payment Service. You may make payments through the Service to any business, merchant, or professional that generates a bill or invoice for products or services provided to you or on your behalf and that has an address we can verify. You may also make payments through the Service to individuals, family, or friends for non-business purposes. Payments may be made only to Payees with a U.S. payment address. You may not make a payment of alimony, child-support, taxes, or other governmental fees or court-directed payments through the Service. First Tennessee does not recommend using online bill payment services to fund brokerage or investment services. Loan payments, other than the amount due, cannot be designated as principle, interest or payoff. 21. Your Personal Payee List. You must provide sufficient information about each Payee ("Payee Information"), as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct account ("Payee Account") to credit with your payment. This information may include, among other things, the name and address of the Payee and your Payee Account number. You can enter your Payee Information using "Bill Payment". Additions, deletions and modifications to Payee Information are also entered using "Bill Payment". From time to time we may set or change the number of Payees you may designate to receive payments through the Service. 22. Delivery of Your Payments. You may schedule payments to be initiated on the day that you enter the payment information, on a future date, or on a recurring schedule, subject to the restrictions in this Agreement. Although you can enter payment information through the Service 24 hours a day, 7 days a week, payments can be "initiated" only on business days. The date on which a payment is to be "initiated" is the date on which funds are to be deducted from your Account. This date is referred to in this Agreement as the "Transaction Date." If your recurring payment date does not exist in a particular month (for example, February 30), your payment will be initiated by the last day of that month, if a business day, or the following business day of that month. After funds are withdrawn from your Account, we may remit your payments by mailing your Payee a check drawn on an account we maintain for this purpose, by electronic funds transfer, or by other means. Because of the time it takes to transmit your payment to your Payees, they generally will not receive payment on the Transaction Date. This applies regardless of whether the payment is a Same Day payment, a Future Payment, or a Recurring Payment, as described below. Therefore, in order to provide sufficient time for payments to be received by your Payees, the Transaction Date for each payment must be at least five (5) business days prior to the date your payment is due, excluding any applicable grace periods (the "Due Date"). We will not be responsible for any loss you may incur as a consequence of late payment if your actual Transaction Date is not at least five (5) business days prior to the Due Date for your payment. It is helpful if you allow additional time for a payment to be completed the first time you send a payment to a Payee through the Service. This allows the Payee to adjust to the new form of payment. Accordingly, your first payment to a Payee must be scheduled with a Transaction Date at least six (6) business days prior to the Due Date. 23. Payment Guarantee. In addition to our liability as discussed above, and subject to the conditions specified in Section 3, we will reimburse you for any late payment fees or penalties you are charged, up to a maximum of $50 per scheduled payment, as a result of the failure of a Business Payee to receive a payment made through the Service by the Due Date if you meet each of the following conditions: a. You must properly schedule the payment to be initiated on a Transaction Date at least five (5) business days prior to the Due Date. For Same Day Payments, this means that you must initiate your payment before 5:00 p.m. Central Time on a business day at least five (5) business days prior to the Due Date. For Recurring Payments, this means that you must allow additional time for months in which weekends or holidays reduce the number of business days between the Recurring Payment Date and the Due Date. b. You must provide us with the correct Payee name, address, Confirmation Number, account information and with the correct payment amount. c. On the Transaction Date, your Account that you elected for bill payment must contain sufficient funds, to complete the payment or transfer. d. The Payee must be a Business Payee. e. The late payment fee or penalty, or the method of its calculation, must be published by the Payee prior to the Due Date. f. Your PC and modem must be functioning properly. g. You must notify us of the late payment by the earlier of ten (10) calendar days after you learn of it or sixty (60) calendar days after the Due Date. 24. Deleting or Modifying Payments. You may use Online Bill Payment to change or delete recurring or future-dated payments prior to 5:00 p.m. Central Time on the Transaction Date. Same-day payments (payments scheduled and paid on the same date) cannot be modified or deleted. You can also stop any Recurring Payment by calling Online Financial Services Customer Service at 888-382-6654 in time for us to receive your request three (3) business days or more before the Transaction Date. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If you order us to stop a Recurring Payment three (3) business days before the Recurring Payment Date, and we do not do so, we will be liable for your losses or damages. 25. Uncompleted Payments. If we remit your payment to a Payee by mailing your Payee a check drawn on an account we maintain for this purpose and the check has not been presented for payment within our payment cut-off period, we will investigate the status of the check. If the Payee cannot be reached, or the payment is to an individual and the check has not been presented for payment by sixty (60) days after the Transaction Date, we will place a stop payment order on the check and mail you a refund check. Windows is a registered trademark of Microsoft Corporation.
