First Bank of Miami - Online Banking

Personal Online Banking Agreement

Introduction – The Personal Online Banking Agreement (this “Agreement”), including the fee schedule, is a contract that establishes the rules governing your electronic access by means of the Internet to your account(s) at First Bank of Miami ("Bank") through the Bank’s Personal Online Banking System ("System"). By using the System, you accept all the terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts as well as your other agreements with the Bank, such as deposit agreement, funds transfer agreement, loan agreements, etc. which continue to apply notwithstanding anything to the contrary in this Agreement.

This Agreement is subject to applicable federal rules and laws and the rules and laws of the State of Florida. If any provision of this Agreement is found to be unenforceable according to its terms, they will be considered changed to the extent necessary to comply with applicable law and all remaining provisions of the Agreement will continue in full force and effect.

The headings in this Agreement are for convenience of reference only and will not affect in any way the interpretation of the provisions hereof. Any waiver (express or implied) by either party of any default, breach or provision of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default, breach or provision. You may not assign this Agreement. This Agreement is binding upon your heirs, successors and assigns and the Bank’s successors and assigns. Those obligations of the parties pursuant to this Agreement that, by their nature and content would continue in force beyond the termination, cancellation or expiration of this Agreement, shall survive termination, cancellation or expiration of this Agreement for any reason. Except as set forth above, this Agreement, together with the Fee Schedule and your enrollment forms, constitutes the entire agreement between you and the Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

Language and Definitions

"We" "our", "us" and "Bank" are used to refer to First Bank of Miami

“You" and "your" is used to refer to the owner(s) of an eligible account or authorized signer(s) that exercise control over the account holder's funds through the System.

"Account" or "accounts" means your accounts at the BANK.

“Consumer account" means an account established primarily for personal, family, or household use.

"Electronic funds transfers" (“EFT”) means all transfers resulting from debit cards, automatic teller machines (“ATM”) withdrawals, electronic payments, pre-authorized transactions, point of sale transactions, online banking transactions and transfers to and from your Bank accounts using the System, including bill payments. For consumer accounts: EFT deposit account services exclude wire transfer and other same day settlement funds transfer services and all other transaction which are not covered by Federal Reserve Regulation E. These are governed by a separate agreement (Funds Transfer agreement).

"System Services" means the services provided pursuant to this Agreement, including the bill payment service, fund transfers between or among accounts, address changes, issuing stop payment orders and re-ordering checks.

“Additional Services” means other services provided on a case-by-case basis, including Automatic Clearing House (“ACH”) services, wire transfer services, etc.

"Business day" means a weekday, Monday through Friday. A holiday is not a business day.

“Cut-off Time” for all online banking operations carried on through the System shall be 2:00 p.m. (Eastern Standard Time) or such other cut-off time as the Bank may establish. Any exceptions to this general cut-off time shall be granted on a case by case basis, applying only on that specific occasion and shall not be deemed to apply to any other or future situations.

Eligible Accounts – An “Eligible Account “is any account that you have with the Bank and that you have enrolled in the online banking system.

Access - To use the System, you must have at least one account at the Bank, access to the Internet, and an e-mail address. Upon our confirmation of your enrollment in the System, the System can be used to access only those Bank accounts you have designated for access through the System. You can add or delete any of your Bank accounts from this Agreement. Access to your accounts through the System will be based upon the identification of users and the respective authority levels specified by you. We undertake no obligation to monitor transactions through the System to determine that they are made on behalf of the account holder.

System Services - You can use the System to check the balance of your Bank accounts, view Bank account histories, transfer funds between your Bank accounts, order checks, make stop payment requests, view checks, change your address, and, when available and if you have requested the Bill Paying Service, pay bills from your Bank accounts in the amounts and on the dates you request. Information available online includes account balances and account activity valid in real time. The account balances and the effect of other account activity shall be subject to all standard rules regarding collection and provisional and final crediting of items to accounts.

Hours of Access - You can use the System twenty-four hours a day, seven days a week, although occasionally some or all System Services may not be available due to emergencies or scheduled System maintenance. We agree to post notice of any extended periods of non-availability on the System web site. Access to the System may be slower at certain times, or even unavailable, due to high Internet traffic or other factors beyond our control. We are not responsible for any of these delays or difficulties you may have in accessing the System.

Password - You are required to change your password upon your initial login to the System. You alone determine what password you will use, and your password is not communicated to us. You agree that we are authorized to act on instructions received in connection with a login carried out using your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to the System will be blocked. To re-establish your authorization to use the System, you must contact us to have your password reset or to obtain a new temporary password. For purposes of security, we recommend that you create a password using a combination of numbers and upper and lower case letters. Your password should not be associated with any commonly known personal identification data such as social security numbers, address, date of birth, names of children, etc. and the password should be memorized rather than written down.

Security - You confirm your understanding of the importance of your role in preventing misuse of your accounts through the System and you agree to promptly examine your paper or electronic statement for each of your Bank accounts as soon as you receive it. You agree to protect and maintain the confidentiality of your account and account number and your personal identification information such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and login identification (“ID”) are intended to provide security against unauthorized entry and access to your accounts. Data transferred through the System is encrypted in an effort to provide transmission security, and the System utilizes identification technology to verify that the sender and receiver of System transmissions can be appropriately identified each by the other. Notwithstanding our efforts to insure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the System, or e-mail transmitted to and from us, will be free from being monitored or read by others. For your security, the System will shut down automatically after ten minutes of inactivity during a login session, and you will have to log in again to continue your online session.

As regards fund transfers carried out through your online banking System, your personal identification number (“PIN’) or password to access accounts at the Bank and to communicate with the Bank through the Bank’s secure web site. You understand and agree that by using the PIN or password to access the System to give instructions to the Bank regarding fund transfer payment orders, the Bank will rely on such access as a reasonable security procedure for the authentication and authorization of such payment orders. Please refer to the Funds Transfer Agreement for further details.

Fees and Charges - You agree to pay the fees and charges for your use of System Services and the Additional Services, as may be applicable, as set forth in our schedule of service fees that change from time to time. You may request a printed copy of our fee schedule from any of our branches at any time. You may also call us to inquire about any particular fee.

Posting of Transfers - Transfers initiated through the System before 2:00 p.m. (Eastern Standard Time) on a business day are posted to your account the same day. Transfers completed after 2:00 p.m. (Eastern Standard Time) on a business day, or on a Saturday, Sunday or banking holiday, will be posted on the next business day. The Bank reserves the right, in its sole and absolute discretion, to extend the above cut-off time in individual cases, it being understood that any such extension shall apply to the specific case for which it is granted and in no event shall operate to create a new cut-off time for future transfers.

The System identifies transfers based upon the login ID of the user who makes the electronic transfer. Accordingly, you understand and acknowledge that the “View Postings” screens in both the “Transfer” and “Bill Payer” menu options of the System will not reflect transfers made by multiple users from the same account if different login ID’s are used. In order to avoid overdrafts, you agree to discuss any transfers or bill payments from your accounts with any other persons having authorized access to your accounts. If any of your accounts are joint accounts, you and the other joint account holder release us from liability and agree not to pursue any action against us for honoring the instructions of the other account holder.

Overdrafts (Order of Payments, Transfers and Other Withdrawals) - If your account has insufficient funds to perform all the electronic funds transfers you have requested for a given business day, then: (a) electronic funds transfers involving currency disbursements, such as ATM withdrawals, will have priority; (b) electronic funds transfers initiated through the System that would result in an overdraft on your account may, at our discretion, be cancelled; and (c) in the event we elect not to cancel the electronic fund transfers initiated through the System that would result in an overdraft on your account, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

Limits on Amounts and Frequency of System Transactions - The number and frequency of transfers from Bank accounts and the amounts that may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure documents for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds being held until the hold expires according to applicable laws and regulations.

System Bill Payment Service – To use the System Bill Paying Service, you must agree to the Bank’s “Bill Paying Agreement and Disclosure” which is a separate agreement.

Stop-Payment Requests - Stopping the payment of a check is different from the cancellation of a bill payment.

Electronic Bill Payments. Once a bill that is scheduled for electronic payment has been debited from your account, you CANNOT cancel or stop it.
Paper Draft Bill Payment. You may be able to stop a System bill payment that is scheduled for payment by paper draft by contacting us by telephone before the paper draft has cleared. You will have to contact us by telephone to determine if the paper draft has cleared. If the paper draft has not cleared, we will immediately process your stop-payment request. If the paper draft has already cleared, it will not be possible to stop it and we will notify you of this immediately. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen.
Paper checks. You may initiate stop-payment requests online by means of the System only for paper checks you have written (non-electronically) on your Bank accounts (not System bill payer paper drafts). Online stop-payment requests are processed at 9:00 a.m. on the business day following the date the stop-payment was requested online. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount and the date of the check.

If you make your stop-payment request online or by telephone, we may also require you to put your request in writing and get it to us within 14 days after the date you made your online or telephone stop-payment request.

You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. Stop-payment charges for System bill payment paper drafts will be assessed in addition to the stop-payment charges for the applicable account.

Disclosure of Account Information and Transfers - We will disclose information to third parties about your account or the transfers you make:

In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
For fraud, security or risk control;
To help complete a transaction you initiate, including information requested to verify the existence or condition of an account;
To resolve disputes or inquiries you may have about your accounts;
With your consent or at your direction, which may be oral, in writing, by telephone, electronic or other means we recognize; and,
When disclosure is required by law, such as pursuant to court order, subpoena, legal process or government agency examination or investigation, or to protect or enforce our rights.

See our separate “Privacy Statement” for more information about how we use customer information and your choices.

Periodic Statements - You will not receive a separate System statement. Transfers to and from your accounts made using the System will appear on the respective periodic statements we provide to you for each Bank account.

Change in Terms - We may change any term of this Agreement at any time. If the change would result in (a) increased fees for any System service or Additional Service, (b) increased liability for you, (c) fewer types of available electronic fund transfers, or (d) stricter limitations on the frequency or dollar amount of transfers, we agree to give you prior written notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the Bank System web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. YOUR CONTINUED USE OF THE SYSTEM SERVICES OR ADDITIONAL SERVICES INDICATES YOUR ACCEPTANCE OF THE CHANGE IN TERMS. We reserve the right, in our sole discretion, to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

In Case of Errors or Questions about Transactions Involving Consumer Accounts

This section applies only to transactions covered by this Agreement and that involve consumer accounts.

Call us at 305-459-5279 or write to us at First Bank of Miami, Operations Department, 9851 N. Kendall Drive, 3rd Fl., Miami, Florida 33176 as soon as you can if you think your statement is wrong or if you need more information about a payment covered by this Agreement which is listed on the statement.

We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

Tell us your name and account number (if any).
Describe the error or payment you are unsure about, and explain as clearly as you can why you believe it is an error and why you need more information.
Tell us the dollar amount of the suspected error.

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

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 make take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we are not required to provisionally 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 provisionally credit your account for the amount you think is in error.

When the investigation is completed, we will make any necessary or appropriate adjustments to your account. We will tell you the results within three business days after completing our investigation. If we decide that there was no error or the error was different than you described, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Our Liability for Failure to Complete Payments from Consumer Accounts

If we do not complete a payment from a consumer account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are exceptions. We will NOT be liable, for instance:

If, through no fault of ours, you do not have enough available money in the account from which a payment is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment because of insufficient funds.
If any payment would go over the credit limit of any overdraft or other credit account.
If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
If you have not given us complete, correct or current account numbers or other identifying information so that we or a payee can properly credit your account or otherwise complete the transaction.
If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
If you receive notice from a payee that any payment you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact.
If the payee was a person or entity that you are not permitted to designate as a merchant or payee.
If you do not instruct us soon enough for your payment to be received and credited by the time it is due.
If a payee (other than us) does not process your payment promptly or correctly.
If the money in the account from which a payment is to be made is subject to legal process or other claim restricting the transaction.
If circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we may have taken.
If your losses are not a result of our gross negligence or willful misconduct.
There may be other exceptions stated in our Agreement with you.

Notify Us IMMEDIATELY About Any Unauthorized Transfers - CONTACT US AT ONCE by calling us at 305-459-5279 or writing to us at First Bank of Miami, Operations Department, 9851 N. Kendall Drive, 3rd Fl., Miami, Florida 33176 if you believe your password has been lost, stolen, used without your authorization or otherwise compromised, or if someone has otherwise transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. If you do not notify us of unauthorized transfers, you could lose all the money in your accounts (plus your maximum overdraft line of credit, if any).

Your Liability for Unauthorized Transactions from Consumer Accounts

This section applies only to transactions from consumer accounts.

If you tell us within two business days after you learn of the loss or theft of your access codes involving a consumer account, you can lose no more than $50.00 if someone used them without your authority.

If you do NOT tell us within two business days after you learn of the loss of theft of your access codes, and we can prove that we could have stopped someone from using them without your authority if you had told us, you could lose as much as $500.00.

Also, if your statement for a consumer account shows payments covered by this Agreement that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was transmitted or mailed to you, you may not get back any money lost after the 60 days if you can prove that we could have stopped someone from taking the money if you had told us in time.

If there are extenuating circumstances that kept you from telling us (such as a long trip or hospital stay), the time periods in this section may be extended.

Limitation and Disclaimer of Liability

You will be responsible for any payment that is not made if you did not properly follow the instructions for making a payment. We are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communication facility, and no such party shall be deemed to be our agent. No action, regardless of form, arising out of or in connection with this Agreement may be brought by you more than one year after the first to occur of (a) the termination or expiration of this Agreement or (b) the event giving rise to such cause of action. To the extent permitted by applicable law, we are not 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. Moreover, we are not responsible for errors or failures in connection with any malfunction of your computer system or for any virus or other problem related to your use of the System.

WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SYSTEM SERVICES OR ADDITIONAL SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. We do not and cannot warrant that System will operate without errors, or that any or all System Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to the System, including loss of profits (even if advised of the possibility thereof), revenue, data or use, by you or any third party, whether in an action based in contract, tort, warranty or otherwise.

Risk of Loss – In the event of a System failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated were in the process of completing or completed shortly before System failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any System failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.

Products and Services Availability - The System can be accessed from countries around the world and may contain references to Bank services, programs, and products that have not been announced or authorized in your jurisdiction. These references do not imply that the Bank intends to announce or make available such services, programs or products in your country if you are located outside of the United States. Not all products or services that may be described are available in all countries, and nothing on the System or its web site constitutes an offer or solicitation of these products or services.

Third-Party Web Sites – The System and the Bank’s web site may contain links to third-party web sites that are not under the control of the Bank. The Bank makes no representations whatsoever about third-party web sites. When you access a non-Bank web site, you do so at your own risk. The Bank is not responsible for the reliability of any data, opinions, advice or statements made on third-party web sites. The Bank provides these links merely as a convenience. The inclusion of these links does not imply that the Bank endorses, recommends, or accepts any responsibility for the content of these web sites.

Third-Party Products and Services – The Bank’s web site may mention third-party products and services for informational purposes. The Bank makes no recommendations or endorsements about these third-party products and services. Any references to third-party services and products are made "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Your Right to Terminate - You may cancel your System service at any time by providing us with written notice by postal mail or fax. Your access to System will be suspended within three business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of termination.

Our Right to Terminate - You agree that we can terminate or limit your access to System Services for any of the following reasons:

Without prior notice, if you have insufficient funds in any one of your Bank accounts. System Services may be reinstated by the Bank, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
Upon three business days notice if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.
Upon reasonable notice, for any other or no reason in our sole discretion.

You will remain responsible for all outstanding fees and charges incurred by you prior to the date of termination.

Communications Between Bank and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

E-mail - You can contact us by e-mail at customerservice@firstbankmiami.com. Please note that banking transactions through the System are not made via e-mail.

Telephone - You can contact us by telephone at 305-459-5279

Facsimile - You can contact us by fax at 305-476-9258

Postal Mail - You can write to us at:

First Bank of Miami
Attention: Operations Department
9851 N. Kendall Drive, 3rd Fl.

Miami, FL 33176

In Person - You may visit us in person at any one of our branch locations.

Consent to Electronic Delivery of Notices - You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank System web site or by e-mail. Any such e-mail or posting on the System web site will be considered received by you within three calendar days of the date sent or posted by the Bank, regardless of whether or not you log into the System within that time frame. You agree to notify us immediately of any change in your e-mail address. You may cancel your consent to Electronic Delivery of Notices at any time, at no cost to you, by providing us with written notice by postal mail or fax. Your consent to Electronic Delivery of Notices will be suspended within three business days of our receipt of your instructions to cancel the service. In the event you wish to receive any disclosure in paper form, you may send us a request by postal mail or fax and we will provide you with the requested document at no cost to you.

Signatures

You agree to all of the provisions of this Agreement, to the extent applicable as provided in this Agreement, by any of the following means:

Using our System Services to perform any transaction.
Physically signing this Agreement.
Causing your company representative to physically sign this Agreement if you are a business entity.
Completing a separate electronic consent form to receive disclosure and enter into this Agreement electronically.

Your electronic consent or use of our System Services has the same effect as if you had signed this Agreement with your physical signature or that of your authorized company representative. Your physical signature, electronic consent, or use of our System Services is also your acknowledgment that you have received a copy of this Agreement in paper form, or if you have provided a separate electronic consent, in electronic form. If you are offered or provided an electronic copy of this Agreement but would like to have a paper copy, please contact us at 305-459-5279 or write us at First Bank of Miami, Operations Department, 9851 N. Kendall Drive, 3rd Floor, Miami, Florida 33176 and we will forward a hard copy to you.