DIGITAL BANKING TERMS AND CONDITIONS

 

 

 

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Digital Banking

By enrolling in First Kentucky Bank’s Digital Banking service or business Digital Banking service (“Digital Banking”), you agree to the following terms and conditions governing your Accounts and services set forth herein in addition to any terms of a separate agreement between you and the Bank governing the same (“Rules”).

Digital Banking allows you to access your accounts using a personal computer (“PC”) or smartphone, iPad, Tablet, etc. (“Mobile device.”) Please read these Rules carefully and retain them for your records. For business accounts, you may have selected other services which may be accessed through Digital Banking, including, but not limited to Positive Pay, ACH Origination, Wire Transfers, Remote Deposit Capture, Bill Payment, or Tax Payments. Refer to your Cash Management Agreement for specific detail on these services, including pricing and processing deadlines. Any service set forth in your Cash Management Agreement is further subject to these Rules.

 

Definitions

Eligible Account – is an account linked to Digital Banking (some accounts may be subject to withdrawal restrictions).

Account(s) – means the checking, savings, loan and other accounts you have at First Kentucky Bank.

Business Days – are Monday through Friday, except Federal holidays.

You and your – refers to the person(s) or entity subscribing to or authorized to use Digital Banking.

We, us and our – refers to First Kentucky Bank.

Digital Banking – is an electronic banking service available to you through a PC or Mobile device. You may generally use Digital Banking to view Account information and conduct certain banking transactions. Other digital services are available. Please refer to the menu of services available during your Digital Banking session.

The Accounts to which you may have access through Digital Banking may include, but are not limited to your checking accounts, savings accounts, installment loan accounts, mortgage loan accounts, home equity accounts, cash reserve accounts, certificate of deposit accounts and individual retirement accounts. Generally, accounts you open after enrollment in Digital Banking will be added to your Digital Banking access.  Should you wish to have access to an account that is not available in your Digital Banking, please call First Kentucky Bank at 1-866-839-6271 or notify us securely through the “Messages” section of Digital Banking.

Terms not otherwise defined have the meanings given to them in the Rules. Further definitions may be contained in other sections herein. Such definitions will apply throughout the terms and conditions and will be applicable to all services unless stated otherwise. “Agreement” refers to this Agreement, including the terms and conditions of services set forth herein.

 

Access Methods

Current versions of browsers such as Internet Explorer, Edge, Safari, Chrome, or Firefox are required in order to accommodate security requirements. In addition, Java Script and cookies may need to be enabled on the browser you are using.

 

Adding, Changing and Removing Accounts

At any time, if you wish to add an Account or remove an Account, call First Kentucky Bank at 1-866-839-6271 or notify us securely through the “Messages” section of Digital Banking.

 

Your Username and Password

You will choose your Username and Password to access Digital Banking when you register. The password requirement is 8 characters, comprised of upper- and lower-case characters, numbers, and special characters. You authorize us to follow any instructions entered through Digital Banking using your Username and Password. Your access to Digital Banking will be blocked in the event your Password is entered incorrectly on three (3) consecutive access attempts. If this occurs, please call our Customer Resource Center at 1-866-839-6271.

Because Usernames and Passwords can be used to access money in any of your linked Accounts and to access information about any of your linked Accounts, you should treat your Username and Password with the same degree of care and secrecy that you use to protect other sensitive financial data. You agree not to give your Username or Password, or make them available, to any other person.

 

Your Rights and Liabilities

To prevent unauthorized access to your Accounts and to prevent unauthorized use of Digital Banking, you agree to protect and keep confidential your Account numbers, Username, Password, or other means of accessing your Accounts. The loss, theft, or unauthorized use of your Account numbers, Username, and/or Password could cause you to lose some or all of the money in your Accounts, plus any amount available under any form of overdraft protection or automatic transfer service. If you believe someone may attempt to use or has used Digital Banking without your permission, or that any other unauthorized use of your Account numbers, Username and/or Password or security breach has occurred, you agree to immediately notify us by calling 1-866-839-6271 during regular customer service hours. Please refer to your account disclosure for additional information. If you or your authorized users disclose your Username and/or Password to anyone, and/or if you allow someone to use your Username and/or Password to access your accounts, you are authorizing them to act on your behalf and you will be responsible for any use of the service by them (for example, such as when you provide this information to another person, a joint account holder, an employee, and/or an aggregation service provider).

If you have not already installed anti-spyware, anti-virus and a personal firewall on your PC or Mobile device, there are many of these products available that will help you prevent criminals from gaining access to your PC or Mobile device and stealing your personal information. A properly protected PC or Mobile device will help to provide you with secure access to your financial information and assist in combatting the efforts of criminals trying to gain access to your activities. The security of public computers (e.g. in a library, or Internet cafe) cannot be assured; therefore, we recommend that you refrain from accessing Digital Banking on a public computer.

 

Fees

Digital Banking is free for consumer use.  Fees for business use may vary depending upon the services you select. All other fees applicable to your Accounts remain in effect.  You may incur fees if you use or obtain some of the products or services available through Digital Banking. To learn more about such fees, please refer to the Fee Schedule or Cash Management Agreement, where applicable, and specific terms and conditions applicable to each product or service. When accessing Digital Banking on your Mobile device, standard data fees may apply.

 

Equipment

We are not responsible for any loss, damage or injury resulting from (a) an interruption in your electrical power or telephone service; (b) disconnection of your telephone service by your telephone company or from deficiencies in your line quality; (c) any defect or malfunction of your PC, Mobile device, modem or telephone service; or (d) Digital Banking systems. We are not responsible for any products or services relating to your PC or Mobile device, other than those specified herein. We also are not responsible for any damage to your PC, Mobile device, software, modem, telephone or other property resulting from the use of Digital Banking including any damage resulting from any type of malware (virus, key logger, etc.)

 

Hours of Operation

Digital Banking is available 7 days a week, 24 hours a day, except during maintenance periods or periods during which Digital Banking otherwise is not operable.

 

Termination

You may terminate your use of Digital Banking by calling our Customer Resource Center at 1-866-839-6271; writing to us at P.O. Box 367, Mayfield, KY 42066; or by sending a secure message through Digital Banking.  You must notify us at least ten (10) Business Days prior to the date on which you wish to have your enrollment in Digital Banking terminated. We may require that your request be in writing.  We may terminate at any time your access to Digital Banking, in whole or in part, for any reason without prior notice. If your Digital Banking Account is inactive for 6 months (ex: you have not logged into Digital Banking) your access to Digital Banking will be terminated.  Termination will not affect your liability or obligations for transfers we have processed on your behalf. Any pending transfers scheduled after your account has been terminated will not be executed.

 

Transfers

Transfers may be made between Eligible Accounts. You authorize us to debit your Account for any transactions initiated through the use of Digital Banking, including the amount of any recurring payment that you make. You authorize us to transfer funds electronically between your designated Account(s) according to your instructions initiated through Digital Banking.  Please refer to your deposit account disclosures and other related documents for account rules, activity limitations, and fees.

Your monthly statement will reference transfers made. Any documentation provided to you which indicates that a transfer is made shall be admissible as evidence and proof that such a transfer was made.

 

Scheduling, Changing or Canceling Transfers; Failed Transfers Same-Day Transfers

 

Same-Day Transfers

A one-time (non-recurring) same-day transfer of available funds from or to a First Kentucky Bank account made before 5:00 PM CT on a Business Day will be effective the same day. Same-day Transfers submitted after 5:00 PM CT on a Business Day or at any time during a weekend or holiday will be posted to the receiving account on the next Business Day. Same-day Transfers are processed immediately and cannot be canceled after the instruction is sent to us.

 

Scheduled Transfers

A one-time (non-recurring) transfer scheduled for a future date (a “Scheduled Transfer”) will be processed on the scheduled transfer date if that day is a Business Day. A Future Transfer scheduled for a non-Business Day will be processed on the next Business Day. Scheduled transfers are processed by 8:00 AM CT on the processing date. You may change or cancel a Scheduled Transfer up to 5:00 PM CT on the business day before the transfer is scheduled to occur. Any such Scheduled Transfer will be posted to the receiving Account effective on the scheduled process date.

You may schedule transfers that do not vary in amount to automatically occur on a regular schedule of your choice (“Scheduled Recurring Transfers”). Scheduled Recurring Transfers will be initiated on each scheduled transfer date, if that day is a Business Day. If a Scheduled Recurring Transfer date is a non-Business Day, your Scheduled Recurring Transfer will be processed on the previous Business Day. If a Scheduled Recurring Transfer is scheduled to occur on the 29th, 30th, or 31st of each month and that date does not exist in a particular month, then the Recurring Transfer will be processed on the last Business Day in that month. You may change or cancel a Scheduled Transfer up to 5:00 PM CT on the business day before the transfer is scheduled to occur.

 

Failed Transfers

If, on the processing date, you do not have sufficient available funds in the Eligible Account from which the funds are to be transferred, we will not make the transfer on that date. If the transfer is a Scheduled Recurring Transfer, the remaining transfers will not be affected. To be notified of failed transfers, you will need to set up an alert in the Manage Alerts section.

 

Balance Inquiries

You may check the balances and recent activity of your Accounts. Any balance shown will include a date as of which the balance is current. The balance shown may not be your actual available balance. It may include deposits still subject to verification by us. The balance shown may also differ from your records because it may not include pending items such as deposits in progress, outstanding checks or other withdrawals, payments, or charges, or items in process.

 

Stop Payments

Subject to certain limitations, you may order us to stop payment on any check or ACH debit payable from your Account via Digital Banking, whether drawn by you or any other account holder. The stop payment request will be effective if we receive the order at such time and in such manner as to afford us a reasonable opportunity to act upon the order. The stop payment order is effective for six (6) months.  We may also require you to present your request in writing within fourteen (14) days. A stop payment order may be renewed during a period within which the stop payment order is effective. We will require you to provide the date, the amount, and the number of the item, together with the name of the Payee.  If you give us incorrect information, we will not be liable for failing to stop payment on the item. Our acceptance of a stop payment order will not constitute a representation that the item has not already been paid or that we have a reasonable opportunity to act upon the order. You may not stop payment on an official item (cashier’s check), issued by us, or request us to stop payment if we have otherwise become accountable for the item. In addition, you may not stop payment on checks governed by a separate agreement, such as a check guaranty agreement.  Further, you may not stop payment on an item after acceptance of the item by us. A fee may be assessed for each stop payment (refer to fee schedule).

 

EXTERNAL TRANSFER SERVICE

This Agreement between you and First Kentucky Bank governs the use of External Transfers within our Digital Banking Service.   This Agreement supplements your Digital Banking Agreement and other deposit agreements with this Financial Institution.

 

Accepting the Agreement

When you accept these terms and conditions, you represent and warrant that you are an authorized user acting with full authority, and that you are duly authorized to execute this Agreement. Furthermore, you represent that you are the owner of the   account (s) selected for the External Transfer service and indicate your acceptance of the terms and conditions of this Agreement in this electronic format.

 

Definitions

External Accounts – Accounts held at financial institutions other than First Kentucky Bank are referred to within this Agreement as “External Accounts”.

External Transfer – Refers to the transfer of funds between your deposit accounts at First Kentucky Bank and accounts held at other financial institutions (External Accounts).

Inbound Transfer – Refers to a transfer of funds “to” your deposit account(s) at First Kentucky Bank from an External Account.

Outbound Transfer – Refers to the transfer of funds “from” your deposit account(s) at First Kentucky Bank to an External Account.

Cut-off Time – The cut-off time for scheduling external transfers is 3:00 PM CT. Any External Transfer request made after the Cut-Off Time will be initiated the next business day.

 

Enrollment and Approval of External Accounts

You may enroll for the External Transfer feature within our Digital Banking Service.  As part of the enrollment process, you will need to request approval of each External Account that you wish to use for the External Transfer service. You agree that you will only attempt to register accounts for which you have the authority to transfer funds.

 

Qualifications

To qualify for inbound and/or outbound external transfers, your First Kentucky Bank account must meet the following criteria:

  1. Your account must be open for at least the past twelve months.
  2. Your account must have had no overdrafts in the past twelve months.
  3. Your account must have not had any checks deposited into it that were returned (for insufficient funds) by the bank upon which they were drawn.
  4. You must supply a voided check or deposit ticket for each External Account for which you request External Transfers.

 

Processing External Transfers

All Inbound and Outbound Transfers submitted by Cut-off Time may be processed as early as the next business day after you initiate the external transfer request.

Scheduled transfers will appear in the Scheduled section of Move Money in the Digital Banking service.

 

Transactional Limits

Transactional Dollar limits will be imposed for Inbound and Outbound Transfers.  These limits will be disclosed to you upon approval of your External Account(s).

Any dollar limits imposed will apply to the total of all transfers to a specific External Account on any given day. Any transfer initiated on a day that is not a business day, as defined within our Digital Banking Agreement, counts toward the applicable limit for the next business day.

 

Editing or Canceling External Transfers

Pre-Scheduled External Transfer requests can be edited or canceled prior to Cut-Off Time on the scheduled processing date.  After Cut-Off Time the External Transfer request is submitted to First Kentucky Bank and its service provider(s) for processing and we will not have sufficient time to respond to any cancellation requests.

 

Service Termination and Changes in Dollar Limits

You agree we may cancel your access to the External Transfer service, without prior notice, upon the occurrence of any of the following events, or any other event that creates an unanticipated liability for this Institution:

• Any of your accounts with First Kentucky Bank are not current or are not in good standing.

• You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any First Kentucky Bank account during the current or twelve prior calendar months.

• You have had any prior External Transfer canceled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.

Furthermore, we may change the dollar limits for External Transfers at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits without prior notice upon occurrence of any of the events listed in this section of the Agreement.

 

Governing Law and Relation to Other Agreements

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

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

 

BILL PAYMENT SERVICE

Bill Payment allows you to receive bills electronically, pay bills, and send money to other people using a PC or Mobile device.

 

Setting up Payments

You may make payments through Bill Pay to us and to any other business, merchant, or professional that generates a bill or invoice for products or services provided to you or on your behalf and that has a U.S address and phone number (“Payee”). Payments may be made only to Payees with a U.S. payment address. You agree not to make a payment of alimony, settlement of brokerage accounts, child support, taxes, or any other governmental fees or court-directed payments through Bill Pay.  Payees are not required to accept payment via Bill Pay.

You must provide sufficient information about each Payee (“Payee Information”), and such other information as we may request from time to time, to properly direct a payment to that Payee and to permit a 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 are responsible for Payee Information and any additions, deletions, and changes to Payee Information. Because there is always a possibility that the Payee Information may be lost or accidentally destroyed, you should keep a copy of your Payee Information somewhere other than your PC or Mobile device, so that you may readily retrieve it. You may have an unlimited number of Payees. We may change the number of Payees you may designate to receive payments through Bill Pay.

 

Bill Payment Transaction Limits

Our Bill Pay limits single bill payment transactions to $9,999.99 each and all bill payment transactions for a single day to $50,000.00. There is no limit on how many Payees you may establish.

 

Scheduling Payments

To schedule a payment, you must select the Payee, select the Account you wish debited for the payment (Funding Account), and indicate the amount of your payment, and the date or dates on which you want your payment to be received by the Payee. Each payment must be in an amount not less than $1.00. Any attempted payment that exceeds the available balance in your Funding Account may be rejected. You should not schedule duplicate payments. A duplicate payment is one that is scheduled to be made to the same Payee on the same Processing Day for the same amount. You may make changes or cancel existing scheduled payments before 3:00 p.m. on the processing date.

 

Scheduling and Payment Processing

Although you can enter payment instructions 7 days a week, 24 hours a day, excluding maintenance and other availability windows, payments will be processed on Monday through Friday (“Processing Day”) excluding federal holidays. The date on which a payment is processed is the date on which the check or electronic transaction is sent to the Payee. Payments are processed after 3:00 PM CT on each Processing Day.

We may remit your payments by mailing your Payee a check or by an electronic payment method. Because of the time it takes to transmit your payment to your Payees, they generally will not receive payment on the day your transaction is processed.

 

Future Payments

A one-time (non-recurring) payment scheduled for a future date (a “Future Payment”) will be processed on the scheduled payment date. A Future Payment scheduled for a federal holiday, Saturday or Sunday will be processed on the following Processing Day. You may change or cancel a Future Payment up to 3:00 p.m. Central Standard Time on the processing date.

 

Recurring Payments

You may schedule payments that do not vary in amount to automatically occur on a regular schedule of your choice (“Recurring Payments”). Each Recurring Payment will be processed on the scheduled payment date, if that day is a Processing Day. If a scheduled Recurring Payment date is a non-Processing Day, your Recurring Payment will be processed on the previous Processing Day.

If a Recurring Payment is scheduled to occur on the 29th, 30th, or 31st of each month and that date does not exist in a particular month, then the Recurring Payment will be processed on the last Processing Day in that month. A Recurring Payment may be changed or canceled up to 3:00 PM CT on the processing date.

 

Failed Payments

If you do not have sufficient available funds in your Funding Account to cover your scheduled electronic payment, we may not make the payment on that date. To be notified of failed payments, you will need to set up an alert in the Manage Alerts section.  Payments made by check will not be debited from your Funding Account until the Payee presents them for payment, and they may be returned to the Payee if sufficient funds are not available at the time the item is presented to us for payment. You may be charged a non-sufficient funds or overdraft fee if funds are not available to pay an item (refer to fee schedule).  In such cases, you agree that:

  1. You will reimburse us immediately upon demand the transaction amount that has been returned;
  2. You will reimburse us for any fees we may incur in attempting to collect the amount of the return from you; and
  3. We are authorized to report the facts concerning the return to any credit reporting agency.

 

Returned Payments

In using the Bill Pay Service, you understand that Payees and/or the United States Postal Service may return Bill Payments for various reasons such as, but not limited to, Payee’s forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. We or our Service Provider may attempt to research and correct the returned payment and return it to your Payee or void the payment. You may receive notification of returned payments.

 

Payee Limitation

We reserve the right to refuse to pay any Payee to whom you may direct a payment. We or our Service Provider may notify you if it is decided to refuse to pay a Payee designated by you. We may not notify you if you attempt to make a prohibited payment or an exception payment under this Agreement.

 

Bill Presentment

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate Bill Presentment, you also agree to the following:

  1. Information provided to the Payee – We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers, and e-mail addresses with the Payee. Any changes will need to be made by contacting the Payee directly. Additionally, it is your responsibility to maintain all usernames and passwords for all Payee sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill.
  2. Activation – Upon activation of Bill Presentment, we may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each Payee reserves the right to accept or deny your request to receive electronic bills.
  3. Notification – We will use our best efforts to present all of your electronic bills promptly.
  4. In addition to notification within Bill Pay, we may send an e-mail notification to the e- mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to Bill Pay and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.
  5. Cancellation of electronic bill notification – The Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. Bill Pay will notify your Payee(s) as to the change in status of your account. If you have chosen not to receive paper statements, it will be your sole responsibility to make arrangements for an alternative form of bill delivery. If you cancel your Bill Pay service, we will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
  6. Non-Delivery of electronic bill(s) – You agree to hold us harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all Copies of previously delivered bills must be requested from the Payee directly.
  7. Accuracy and dispute of electronic bill – We are not responsible for the accuracy of your electronic bill(s). Bill Pay is only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly. This Agreement does not alter your liability or obligations that currently exist between you and your Payees.

 

MOBILE CHECK DEPOSIT SERVICE

First Kentucky Bank Mobile Deposit (FLASH DEPOSIT) Service

This document contains the terms and conditions for the use of First Kentucky Bank’s Mobile Check Deposit product, named Flash Deposit.  Flash Deposit provides you with the option of making electronic deposits to your First Kentucky Bank account without coming into a branch.  This Agreement acts in addition to any previous agreement made between you and First Kentucky Bank pertaining to your account(s).  By accepting this Agreement, you acknowledge that First Kentucky may change or discontinue the service at any time; however, we will notify you of any material change. You may discontinue use of the product at any time, by contacting us at 1-866-839-6271. Complete copy of Terms and Conditions can be found on our website at www.firstkentucky.com.

 

Fees

Use of First Kentucky Bank’s Flash Deposit is free.  Standard rates and fees may apply from your wireless carrier.  Any applicable fees for the service may be charged at our discretion at any time upon at least 30 days prior notice to you.

 

Eligible Customers

Only First Kentucky Bank demand deposit and savings account owners are eligible for enrollment in Flash Deposit. All mobile banking users are eligible to use Flash Deposit, however we reserve the right to change, suspend, or discontinue use of the product immediately and at any time, without prior notice to you. The abuse of Flash Deposit will result in termination of service.

 

Eligible Items

Only checks made out directly to the account holder may be deposited. No third party checks or checks from outside of the US. No joint Payee checks, unless deposited into an account in the name of all Payees. Only personal, business and government checks may be deposited via Mobile Deposit. Proper endorsement is required. All checks deposited through mobile deposit must have “for mobile deposit only” printed under the signature in the endorsement area on the back of the check. Mobile deposits made without this verbiage may be rejected, resulting in your account not receiving credit. Daily deposit limit of $2,500.00. Increased limit may apply based on eligibility.

 

Ineligible Items

The following are not eligible for deposit via the mobile channel: third-party checks, money orders, traveler’s checks, checks dated more than 6 months prior to the date of deposit, items drawn on banks outside of the U.S. or payable in currency other than U.S. dollars, non-cash items, savings bonds, substitute checks, items drawn off of the same First Kentucky Bank account or any other item as identified by First Kentucky.  We reserve the right to return or refuse all or any part of a deposit to your First Kentucky Bank account using Flash Deposit at any time and will not be held liable for doing so, even in such cases that cause outstanding checks or other debits to your account to be dishonored or returned.

 

Retention of Original Check

Once your check image has been credited to your account, retain the check for 30 days, securely destroying after 30 days. You may not present the original check or any substitute of the original check for payment again. You must make the original check available to First Kentucky upon our request for review and as necessary for us to facilitate the clearing of the check. Should you fail to produce the original check, you authorize us to debit the amount of the check in question from your account immediately.

 

Availability of Funds

Deposits made before 3:00 PM CT will generally be available the next business day. Weekends and holidays are not business days. Funds may be delayed past the first business day based on First Kentucky Bank hold policy, but are generally available within 2 business days.

 

Deposit Limits

The Bank reserves the right to establish limits on the dollar amount and/or quantity of items or deposits made via Flash Deposit.  If you attempt to initiate a deposit which exceeds these limits, the deposit will be rejected.  The current dollar daily limit is $2,500.00 per business day.  There is currently no limit on the number of items that may be transmitted.  Limits may vary per User based on other services provided by the Bank.

 

Returns

First Kentucky Bank may charge your account for any and all returned items, including returned check images.

 

Mobile Deposit Requirements

Use of Flash Deposit requires a qualified camera-enabled device.  You must be enrolled in our mobile banking service and have downloaded the latest version of our mobile banking app.  Eligibility requirements (mentioned above) must also be met.  The image of a check or item transmitted must be legible and have captured all pertinent information from both sides of the check.  The image quality of the check must comply with industry standards.

These requirements include, but are not limited to, ensuring the following information can clearly be read by sight review: the amount of the check (both written and numeric); the Payee; signature of the maker; date; check number; printed information on the check, including the MICR line and all other information on the check prior to submission.

 

Service Limitations

When using Flash Deposit, you may experience technical or other difficulties. The Bank does not assume any responsibility for any technical or other difficulties or any resulting damages that you may incur. In the event that Flash Deposit is temporarily unavailable, you may deposit original checks at our branches, via mail or night depository.

 

Limitation of Liability

You agree that First Kentucky will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data, or other losses incurred by you or any third part arising from or related to the use of, inability to use, or the termination of the services, regardless of the form or action or claim, even if the Bank has been informed of the possibility thereof except as otherwise required by law. of the possibility thereof except as otherwise required by law.

 

PERSON-TO-PERSON (P2P) TRANSFER SERVICE

Person-to-Person (P2P) Transfer Service (the “Transfer Service”) processes transactions only to active, U.S. debit cards (no gift cards, credit cards or foreign cards). The Transfer Service allows for transfer of funds between you and Payees. You may initiate a transaction through the Transfer Service to transfer funds out of your Funding Account to a Payee (Transfer Transaction).

 

General Terms Applicable to the Service

 The Transfer Service is generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our control.

 

Eligibility to Use the Transfer Service

In order to use the Transfer Service, you must have an eligible Funding Account and/or Deposit Account with the Bank, and you must be an owner of said Account(s). In order to transfer funds out of your Account you must have an available balance in the Funding Account.

You represent to us that you are a U.S. resident (not including U.S. territories) and you have the authority to authorize debits from and credits to the Funding and Deposit Accounts you have identified. You agree that you will not use the Transfer Service for International ACH Transactions which are prohibited under this Agreement. You further agree that you will not use the Transfer Service to send or receive money from anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts, other amounts owed to government entities or payments otherwise prohibited by law.

 

Email Address and/or Phone Number

You must provide us with an email address which you regularly use and intend to use regularly (no disposable email addresses) and a permanent mobile phone number which you intend to use for an extended period of time (no “burner” numbers). Email addresses and phone numbers for both you and Receiver/Payee may be stored to accommodate transfers using the Transfer Service.

You are authorizing and instructing us to send emails and/or text messages to both you and/or the Receiver/Payee concerning the Transfer Transaction. You represent and warrant to us that you have received permission from that person for us to do so.

Users must provide certain information to utilize the Transfer Service in order to send, request and/or receive money.

 

Communicating with You

You represent and warrant to us that you are the owner of the mobile phone number and/or email documented as part of the Transfer Service or have the delegated legal authority to someone else to act on your behalf.  You further acknowledge and agree that:

  1. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
  2. You will immediately notify us if any email address or mobile phone number you have registered for use in the Transfer Service is surrendered by you or changed by you.
  3. In the case of any messages you may send through this service or that we may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient.
  4. You understand and agree that any emails or text messages that we send or which are sent on your behalf are not encrypted and may include personal or confidential
  5. We are not liable for any delay or failure to deliver any text messages or emails.

In the event you ever withdraw this consent for text messages and/or emails, and notwithstanding that withdrawal, you expressly authorize us to send you text messages and/or emails confirming your instructions relating to the Transfer Service, including a confirmation from us in the event you withdraw your consent.

 

Declining to Use an Email Address or Mobile Telephone Number

 We may, at our sole discretion and for any reason, decline at any time to accept or use, or to continue to accept or use, any specific email address or mobile telephone number provided to us by any person.

 

Accessing Your Funding Account; Terminating Access

You authorize us to provide access to your Funding Account and/or Deposit Account through the Transfer Service to initiate and complete Transfer Transactions.

In the event you violate any terms of this Agreement, there are unauthorized or fraudulent transactions related to your Funding Account, Deposit Account or use of the Transfer Service, or we incur problems with your use of the Transfer Service, you agree that we may suspend or terminate your access to the Transfer Service at any time.

We may, at our sole discretion, at any time and without prior notice to you or other Transfer Transaction participants, suspend or terminate the Transfer Service.

 

Use of Personal Information to Identify You and Process Transfer Transactions

You authorize the Bank to use the email addresses and telephone numbers that are associated with you and your Transfer Transactions.

You agree that we may provide your name, mobile phone number, and email address to any Receiver/Payee you designate in the Transfer Service and any Receiver/Payee’s Financial Institution, or any other person, engaged in processing, facilitating, or delivering Transfer Transactions to which you are a party. You irrevocably waive any provisions of any other Agreements or Terms and Conditions between you and us which would otherwise prevent us from providing this information in connection with any Transfer Transaction to which you are a party.

Each time you use the Transfer Service, you represent and warrant to us that:

  1. You have the right to authorize us to access your Funding Account and/or Deposit Account to effect fund transfers or for any other purpose authorized by this Agreement;
  2. You are not violating any other person’s rights when you provide us information and instruct us to initiate or complete a fund transfer; and
  3. All the information you provide to us is true, current, accurate, and complete.

We may maintain information which tracks your access, view, and use of electronic data in connection with your use of the Transfer Service. This information may include, but is not limited to detailed information about your transactions and communication with other Transfer Service participants.

We may disclose information to third parties about your account or the funds you send or receive:

  1. As necessary to complete transactions;
  2. As necessary in connection with offering the Transfer Service;
  3. In connection with the investigation of any claim related to your account or the funds you send or receive;
  4. To comply with government agency or court orders or other law;
  5. In accordance with your written permission; and
  6. As otherwise permitted by the terms of our privacy notice.

Our privacy notice may be accessed on our web site, www.firstkentucky.com

 

Changes to Email Addresses and Telephone Numbers

You agree that you will notify us immediately in the event of a change to any email address or mobile telephone number which has been provided to us and is associated with you. You may instruct us to change any email address or telephone number we associate with the Transfer Service at any time. We may continue to rely on any email address or telephone number that has been provided to us until you notify us of a change.

 

Your Fund Transfers

We may at any time decline any Transfer Transaction that we believe may violate applicable law.

You represent and warrant to us that:

  1. All Transfer Transactions you initiate are for your own account, and not on behalf of another person;
  2. You are not receiving any fee or compensation from any other person in return for initiating a Transfer Transaction; and
  3. You are authorized by the Receiver/Payee to make funds transfers to their account at their financial institution.

 

Sending Money

You understand and agree that:

  1. When you use the Transfer Service, neither you nor the Bank will have the ability to stop or reverse the transaction. In most cases, when you are sending money, the transfer will occur within minutes; however, there are circumstances when the payment may take longer.
  2. Your Funding Account will receive a memo debit for outgoing transfers immediately after the Transfer Service processes a transaction. This memo debit cannot be reversed, and will permanently post to your Funding Account immediately, but if not immediately, no later than three business days from when the Receiver/Payee has agreed to accept the transfer and has provided the required information to receive the transfer.
  3. After three business days, transfers will not be completed for persons to whom you are sending money who have not agreed to accept the transfer, or have not provided the required information to receive the transfer, or otherwise ignores the payment notifications. In this case, the memo debit will be re-credited to your Funding Account.
  4. The transfer may be delayed or blocked to prevent fraud or comply with regulatory requirements. We have no control over the actions of Receivers/Payees or other Financial Institutions.

 

Frequency and Dollar Amount of Transfer Transactions

We may from time to time for security and risk management reasons modify the limit, the frequency, and the dollar amount of transfers you can make using the Transfer Service. The limits on the frequency and dollar amount of transfers are solely for the protection of the Bank. The minimum transfer amount is $1.00. We are not responsible for any limitations imposed on transfers related to other Financial Institutions.  We reserve the right, at our sole discretion, to change from time to time the dollar amount of transfers you are permitted to make using the Transfer Service.

 

Transfer Transaction Descriptions

We may, at our sole discretion, permit you to add a description or comment concerning the Transfer Transaction that will be transmitted to the Receiver/Payee. You agree that if we permit you to add a description or comment concerning the payment to the Receiver/Payee that you will not include inappropriate or abusive language, messages or content in the description or comment. You agree that we may monitor the contents of the description or comment and may terminated or edit the message if we believe any of the content is inappropriate or abusive, in our sole and absolute discretion.

 

Failure or Rejection of Transfer Transactions

We do not make any representation or warranty that any particular Transfer Transaction can be completed, or that it can be completed within a particular period of time. Any estimate we may provide concerning the completion date for the Transfer Transaction is only an estimate and is not binding. You understand and agree that we have no control over the actions of other Financial Institutions which may prevent a Transfer Transaction from being completed or may delay its completion. You understand and agree that we may not be able to complete a Transfer Transaction if:

  1. The Receiver/Payee does not enroll in or register with the Transfer Service;
  2. The Receiver/Payee does not complete the necessary steps in providing needed information to complete the transfer; or
  3. The Receiver/Payee does not register with the Transfer Service using the specific email address or mobile telephone number you have provided to us for them.

Upon learning that a Transfer Transaction from your Funding Account to a Receiver/Payee cannot be completed for any reason, we may attempt to complete the payment again. If the Transfer Transaction is not completed, we may notify you to contact the intended Receiver/Payee, but we are not required to do so.

If you do not have enough money in your Funding Account to make a Transfer Transaction we may reject your request to initiate the fund transfer or other transfers you have previously enabled/agreed to for your Funding Account.

We may, at our sole discretion, decline to initiate or complete a Transfer Transaction for any reason. We may, at our sole discretion, accept instructions from any Receiver/Payee or from a Receiver/Payee Financial Institution to block your attempts to use the Transfer Service to initiate Transfer Transactions with that Receiver/Payee.

 

Authorization for Fund Transfer and Suspense of Funds

You agree that each payment instruction you give us is an authorization to make a Transfer Transaction on your behalf. You authorize us to withdraw the funds from your Funding Account immediately upon receiving your instruction for the Transfer Transaction.

You understand that the Receiver/Payee Financial Institution may require the Receiver/Payee to manually accept each funds transfer you send to them. You understand and agree that we have no control over whether or not the Receiver/Payee Financial Institution will require manual acceptance, or how long the Receiver/Payee Financial Institution will hold the funds before returning them if the Receiver/Payee fails to complete the required steps to accept the transfer.  You authorize us to act as your agent in receiving and processing any return of funds as we deem appropriate.

 

No Right to Cancel or Stop a Transfer Transaction

Transfer Transactions that are in process cannot be cancelled or stopped. You agree that you are responsible for resolving any payment dispute with any Receiver/Payee to whom you send money through a Transfer Transaction.

 

Discharge of Obligations

You understand and agree that the extent to which a Transfer Transaction discharges an underlying obligation you have to the Receiver/Payee of a Transfer Transaction, or an underlying obligation owed to you by the sender of a Transfer Transaction, will be determined by your agreement with the other party and other applicable law.

 

Responsibility for Errors

You understand that we must rely on the information provided by you and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you, to submit transfer instructions on your behalf. You understand that financial institutions receiving the fund transfer instructions may rely on such information. We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You agree to accept full responsibility for losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

You understand and agree that your relationship with each person to whom you send money to, or receive money from, is independent of the Bank and your use of the Transfer Service. We will not be responsible for any acts or omissions by these persons.

 

Limitation of Liability and Indemnity

YOU AGREE THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF OUR ACCESS TO THE ACCOUNTS; OUR ABILITY OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED ON THE ACCOUNTS; ANY CHARGES IMPOSED, OR ACTIONS TAKEN, BY ANY OTHER FINANCIAL INSTITUTION; ANY FUNDS TRANSFER LIMITATIONS SET BY OTHER FINANCIAL INSTITUTIONS; AND/OR LIABILITY ARISING FROM THE RECEIPT OR NON-RECEIPT OF THIRD PARTY NOTIFICATIONS SENT TO TRANSFER FUNDS RECEIVER/PAYEE’S EMAIL ADDRESSES OR CELL PHONE NUMBERS PROVIDED TO US.

We shall have no liability to you for any such transfers of money, including without limitation, any failure to complete a transaction in the correct amount, or any related losses or damages. We shall not be liable for any typos or keystroke errors that you may make when using the Service. You acknowledge and agree that you are personally responsible for your conduct while using the Transfer Service and agree to indemnify and hold us and our respective officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys’ fees) that we or you may incur in connection with a third party claim or otherwise, in relation to your use of the Transfer Service or the use of the Transfer Service by anyone using your debit card number, account number, PIN, User ID or Password or your violation of this Agreement or the rights of any third party (including, but not limited to, privacy rights).  Your obligations under this paragraph shall survive termination of this Agreement.

YOU AGREE THAT YOU ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT DISPUTES OR ANY OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER TO WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, WHILE USING THE SERVICE.

 

GENERAL TERMS PERTAINING TO ALL SERVICES HEREIN

The terms herein pertain to all services described hereinabove or hereinafter.

 

Waiver

We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.  A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

Severability

If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.

 

Miscellaneous

  1.  If you receive notice of any claim regarding the service, you shall promptly provide us with a written notice of it.
  2. You agree to inform us immediately of any changes to the information you have previously provided to us or that you provided in your application for Digital Banking. You further agree to provide us with any financial information we reasonably request.

 

Account Holder’s Indemnification Obligation

You understand and agree that you are required to protect and indemnify us and our technology partners, and hold each harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the service and/or breach of this Agreement or terms and conditions related thereto. You understand and agree that this provision shall survive the termination the service either by you or by us.

 

Disclaimer of Warranties

You agree that your use of any Digital Banking service or remote banking service and all information and content including that of third parties is at your risk and is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind as to the use of any remote banking service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that any remote banking service will meet your requirements or will be uninterrupted, timely, secure, or error-free. We make no warranty that the results that may be obtained will be accurate or reliable or that any errors in any remote banking service or technology will be corrected.

 

Limitation of Liability

You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including, but not limited to damages for loss of profits, goodwill, use, data or other losses incurred by you or any third party arising from or related to your use of, or inability to use, or the termination of your use of any remote or Digital Banking service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise) even if we have been informed of the possibility thereof, except as otherwise required by law.

 

Termination of Service

We reserve the right to terminate any service or your ability to use any service at any time with or without notice to you.

 

Governing Law

This Agreement and its enforcement shall be governed by the laws of the state of Kentucky, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. The Account(s), products, and services accessed via the services shall be governed by laws of the applicable account agreements. Any claim or action arising out of or relating to this Agreement will be instituted exclusively in the state or federal courts located in Mayfield, Graves County, Kentucky.

 

Attorney Fees

In the event that the Bank commences an action with respect to the enforcement or interpretation of this Agreement, the Bank shall be entitled to recover all reasonable attorney fees and litigation costs incurred in connection with that action.

 

Amendment

As permitted by law, we may amend or change the terms of this Agreement and any of the services herein from time to time, at our sole discretion.  Your use of a service following any changes will be considered your acknowledgement and acceptance of said changes. If you find the terms of this Agreement unacceptable to use at any time, please discontinue your use of the service.

 

ELECTRONIC DISCLOSURE

First Kentucky Bank E-Sign Disclosure

By your consent below, you agree that we may provide you with all disclosures, notices, and other communications about Digital Banking and/or other bank products and services, including your Digital Banking Agreement and any future amendments, in electronic form.

Other disclosures that we may provide in an electronic format include but are not limited to the following: monthly account statements, deposit account disclosures, changes in account terms, notice of fee changes, and privacy notices.

 

How to Obtain Electronic Disclosures (E-Disclosures)

We will provide notice of all future amendments to the Digital Banking Agreement by posting them on our website for at least 90 days. If the changes have an adverse affect on you or the services offered, we will provide you at least 30 days prior notice.

We may also send you an email and/or secure message through our Digital Banking Service that tells you where e-disclosures or statements can be viewed on our website. In the future, we may also send certain e-disclosures as an email and/or message attachment.

You may download or print electronic notices and disclosures from your computer if you have the hardware and software described below. You can also save copies to your hard drive for viewing and printing at a later time.

 

System and Equipment Requirements

Prior to accepting electronic delivery of disclosures, you should verify that you have the required hardware and software necessary to access and retain documents and disclosures in an electronic format. You will need:

  1. A computer with reasonable performance (Recommended: 1GHz or better processor).
  2. High speed Internet access that support Adobe Flash integration.
  3. Any PDF reader application is required to view and/or print PDF documents downloaded.  (This product is available for free at http://www.adobe.com.  To verify that you are able to view PDF documents, click the following link to access our PDF test document.)
  4. A printer connect to your PC is required to print physical copies.
  5. Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit.
  6. A working email account.

If we revise hardware and software requirements to access and retain electronic disclosures, we will notify you of these changes at least 30 days in advance, and provide you a notice of your right to withdraw consent to electronic disclosures without the imposition of any fees.

 

Cancellation of E-Disclosures

If you want to cancel e-disclosures or change to a paper delivery format you must

  1. Send us an e-mail at fkb@firstkentucky.com, or
  2. Send us a secure message through the Digital Banking Service, or
  3. Call us at 270-247-1403, or 1-866-839-6271, or
  4. Inform us in person at any one of our offices, or
  5. Send us a letter via U.S. mail to: P.O. Box 367, Mayfield KY 42066

If you decide that you no longer want e-disclosures and you let us know via email, be sure to identify yourself and your accounts that you want withdrawn from electronic delivery authorization.

 

Email Changes

If you have enrolled for e-disclosures, you must notify this financial institution of any email address changes. You can contact us regarding such changes via any of the options listed above in Cancellation of E-Disclosures. (e.g. email, phone, in person, at our offices, or letter sent via U.S. mail.)

You can also change your email address through the Manage Profile section in our Digital Banking Service.

 

Proceed with Acceptance of E-Disclosures

By your acceptance of this Agreement, however your consent is given or received, you consent to conducting business electronically and receiving information electronically from us, and you agree that your computer and other electronic devices satisfy the hardware and software requirements specified above, and that you have provided and will maintain a current email address at which we may send electronic Communications to you.

 

 

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