First Electronic Bank

INTRODUCTION

This Agreement governs your use of the First Electronic Bank's Online Payment Services (the "Services", as further defined below). Use of the Services is expressly conditioned on your acceptance of this Agreement. By using the Services, you acknowledge that you have read and agree to abide by the terms and conditions of this Agreement. If you decide not to agree to the terms and conditions discussed herein, you may not use the Services.

If the terms and conditions of this Agreement conflict with the terms and conditions contained in any Additional Agreement solely as they apply to online banking and online payment services, this Agreement controls; provided, that the terms and conditions of this Agreement are not intended to modify any disclosures or other terms that are required by law and that are provided by FEB in an Additional Agreement.

This Agreement shall apply regardless of the means by which the Services are accessed, including, but not limited to, through the web site, electronic mail, or links from another web site via a computer, mobile device, or any other means of access.

DEFINITIONS

The Parties

Throughout this Agreement, the words "First Electronic Bank", "FEB", "we", "us" or "our" mean, collectively, First Electronic Bank Inc and all of their respective successors or assigns. "You" or "your" mean each Authorized Person (as defined below) who has an interest in an account with FEB which is accessible through the Services or through the Online Banking Site. Whenever "you" is more than one person with respect to any such account or relationship, the obligations and agreements applicable to you under this Agreement shall be deemed to be joint and several and solidary wherever appropriate.

DESCRIPTION OF SERVICES

The "Services" shall mean all information, materials, content, communications, features, products, services, methods of conducting transactions and transactions available, offered, made, obtained or otherwise provided or used (as applicable) on or through the Online Banking Site, including, but not limited to, the ability to: (a) make payments through our Online Pay service and schedule; (b) obtain account balance and certain other account information for various FEB accounts that you may have; (d) obtain transaction information on certain of your accounts: and (i) order statement copies. These features are limited to the extent, and subject to the terms, noted herein and in any Additional Agreements that apply to you. The Services shall also be deemed to include any portion of the Online Banking Site and any software used to operate the Services. Subject to all terms hereof, you may use the Services seven days a week, twenty-four hours a day, except for any scheduled or unscheduled interruptions in the Services for maintenance, security or any other reasons, as further described below.

Certain features, information, types of transactions or other services available while using the Services may not be available when accessing the Services via mobile device.

SECURITY; CONFIDENTIALITY OF ACCESS INFORMATION

Use of the Services requires a computer or approved mobile device and Internet access connected through an Internet or mobile service provider and with a web browser (for example, Firefox or Microsoft Internet Explorer).

To provide the highest degree of confidentiality and to protect the security of your financial information, you must have an Internet browser that supports 128-bit encryption and secure sockets layer version 3.0 or higher. Use of the Services with lower than 128-bit encryption is strictly prohibited. To the extent you are able to access the Services using lower than 128-bit encryption, we specifically disclaim any and all responsibility for losses resulting from your use of such lower encryption. We may change these requirements from time to time.

You agree to keep your Account Number, user ID, password, password reminder question and answer and any other security or access information (collectively, "Access Information") confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. We recommend that you memorize your Access Information and do not write it down. You agree not to give or make available your Access Information to any unauthorized individual.

If you believe the security of your password or any other Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services under your identification without your consent, or your accounts have been accessed, you must notify us immediately.

We reserve the right, under certain circumstances, to deny your access to any one or more account(s) or to the Services or any part thereof, or to deny the processing of transactions, in order to maintain or restore security or performance to the Online Banking Site or any other FEB Sites and systems. We may do so if we reasonably believe your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s).

PAYMENTS

Online Payments permitted by the Services will be debited from your designated Payment Account. FEB's receipt of your bill payment instructions authorizes us to request that such institution debit your Payment Account, and to remit funds on your behalf. Online payments are withdrawn from your bank account within one (1) to three (3) business days following the payment posting date. For purposes of determining your available credit, we reserve the right to postpone, for up to 14 business days, reduction of your unpaid balances by the amount of any payment we receive.

You should keep your bill payment accounts open and active. Should your bill pay eligible checking accounts close, your Online Pay services will end and any unprocessed Outgoing Payment transactions will be cancelled. Cancellation of your Online Payment transactions may take up to five (5) business days from the processing date of a payment scheduled from your closed checking account. If you close your Payment Account, any Incoming Payments will not be processed.

Online payments returned for insufficient funds may be resubmitted a second time for payment. A charge of up to $25.00 may be assessed to your Fry's Credit account only once for a returned payment regardless of the number of times that the payment is submitted.

PAYMENT SCHEDULING

Online Payment

The Online Payment Authorization and Agreement governs the use of this service. Refer to this document for terms and conditions associated with Online Payment.

General

You understand and agree that it is your responsibility, in accordance with all terms hereof, to authorize payments in such a manner that the bills will be paid on time and we will receive your payment no later than the Due Date on the statement provided to you.

You understand and agree that we reserve the right to impose a frequency or dollar limit on payment requests. You understand we will notify you promptly if we decide to refuse to complete any payment instruction; provided, however, that notification is not required if you attempt to make payments that are prohibited under this Agreement. Current payment request rules include:

  • Up to three (3) online payments can be made per billing cycle (month).
  • You have the option to make a payment of any amount from $0.01 up to your current balance.
  • Payments submitted before 5:00 pm Mountain Time will post on the same day.
  • Once submitted, one-time payments cannot be cancelled.


OUR RESPONSIBILITY FOR PAYMENTS

By using any payment service available through the Services, you warrant that you are an authorized signer on the account from which the funds are being drawn to make such payment or transfer.

We, or a third party acting as our agent, will use reasonable efforts to timely and properly complete payments from your designated checking, savings or other deposit account(s) or from your line of credit account(s) (as applicable) according to your properly entered and transmitted instructions. However, neither a third party service provider nor we will be liable in any way for any failure or delay in completing any such transaction (Incoming Payment):

  • If, through no fault of our own or of our agent, you do not have adequate money in a designated checking, savings or other deposit account to complete a transaction from that account, or if that account has been closed; or the transaction would exceed the credit limit on any applicable overdraft line of credit;
  • If our payment processing center is not working properly and you know or have been advised by us about the malfunction before you execute your payment instructions;
  • If you have not properly followed instructions on how to make a funds transfer;
  • If you do not provide FEB with complete, correct and current Payment Account, or if you otherwise do not give complete, correct and current instructions so that a payment can be made;
  • If you do not authorize a payment soon enough for your payment to be made and properly credited by the Due Date;
  • If withdrawals from any accounts have been prohibited by a court order such as a garnishment or other legal process;
  • If we or our agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed;
  • If your Computer was not working properly such that it interfered with your attempt to authorize a payment;
  • If circumstances beyond our or our agent's control prevent making a payment. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by fires, floods, and other natural disasters, terrorist acts or war.

In any other set of circumstances as set forth in your account agreements.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

You authorize us to disclose to third parties, affiliates, and agents, such as independent auditors, consultants or attorneys, information you have provided or that we or our affiliates have obtained about your accounts and the transfers you make:

  • To comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information;
  • To verify the existence and condition of your account for a third party, such as a credit bureau or merchant; When necessary to complete any type of transfers and any type of bill payments;
  • To provide services relating to your account or to offer other products and services; When we have entered into an agreement to have another party provide the Online Pay service or receive your account information, we will provide the third party with information about your linked accounts, your Services transactions, and your electronic mail messages in order to carry out your instructions; or
  • If you provide us your permission.

YOUR RESPONSIBILITIES AND LIABILITIES

It is your sole responsibility to ensure that the contact information in your online banking user profile is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers, e-mail addresses, and account numbers. Changes can be by calling Banking Customer Service at 1-866-322-8008 or via US mail. We are not responsible for any payment processing errors or fees incurred by you if you do not provide accurate account or contact information.

If you close any Payment Account, you must notify us and identify a new Payment Account for the selected Services. Additionally, if you close all your accounts with us, you agree to notify us to cancel your Services.

  • All payments must be made in U.S. funds and drawn from a personal account you are authorized to use.

IN CASE OF ERRORS OR QUESTIONS ABOUT PAYMENTS MADE THROUGH THE SERVICES

In case of questions or errors about payments made through the Services, you must do one of the following: Call us at 1-866-322-8008 or write to PO Box 521271 Salt Lake City, Utah 84152-1271 ATTN: Customer Service.

With respect to any statements you receive from us that reflect transactions you performed while using the Services, if you think your statement is wrong or if you need more information about a transaction listed on the statement, see your account terms and conditions for instructions on what to do.

TERMINATION

We reserve the right to terminate this Agreement and your access to the Services, in whole or in part, at any time and for any reason. If any of accounts are closed due to any reason, such account will no longer appear in your online banking profile. If any other account is closed for any reason, such account may no longer appear in your online banking profile.

If you wish to terminate your ability to use Online Pay or the Services as a whole (it being understood that your termination of Online Pay will not terminate your ability to access and use any other part of the Services, but your termination of the Services will automatically terminate your ability to access and use Online Pay), please call 1-866-322-8008 or send us cancellation instructions in writing to First Electronic Bank, PO Box 521271 Salt Lake City, Utah 84152-1271 ATTN: Customer Service. If you wish to reinstate your access to Online Pay or the Services as a whole following any such termination (although we reserve the right not to reinstate such Services as we determine in our sole discretion), please call toll-free 1-866-322-8008 or send us instructions in writing to First Electronic Bank, PO Box 521271 Salt Lake City, Utah 84152-1271 ATTN: Customer Service.

Upon termination of Online Pay or the Services as a whole, we will endeavor to cancel any applicable account transactions you have previously authorized, provided that we make no guarantee that we will be able to do so. You will be solely responsible for any fees that apply to any such cancellation. Any payment(s) or other transactions that we are not able to cancel or that have already been processed before the requested termination date will be completed. Notwithstanding the foregoing, all Scheduled Payments, including without limitation recurring payments, must be voided prior to cancellation of the Online Pay service. Termination shall not affect your liability or obligations under this Agreement for any transactions initiated prior to termination.

ASSIGNMENT

You may not assign this Agreement or your rights to the Services to any other party.

We may assign this Agreement to our parent corporation or to any now-existing or future direct or indirect subsidiary of our parent corporation, or to any existing or future direct or indirect subsidiary of FRY's Electronics, or to any of our existent or future affiliates. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

DATA RECORDING

When you contact us, the communication or the information you provide may be recorded or otherwise retained by us or our service provider. You consent to such recording or other retention. Without limiting the foregoing, you agree that we may record the conversations our employees have with you or your agents. We do this from time to time to monitor the quality of service and accuracy of information our employees give you and to ensure that your instructions are followed.

NO WAIVER

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

LIABILITY FOR LOSS OR ERRONEOUS DATA

Without limiting any other provision hereof, you will bear the sole liability and risk of any error or loss of data, information, transactions or other losses which may be due to the failure of your Computer or third party communications providers on which you may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your Computer.

LIMITATION OF LIABILITY; DISCLAIMERS

Except as otherwise expressly provided herein, your use of the Services is at your own risk. None of the entities comprising First Electronic Bank or Fry's Electronics, nor any of their respective officers, directors or employees, nor any other party involved in creating, producing, or delivering the Services is liable for any direct, incidental, consequential, indirect, punitive, or other damages of any kind arising out of your access to or use of the Services, or the inability to access or use the Services, whether caused by FEB or such other parties, online service providers, any agent or subcontractor of any of the foregoing or any other party.

WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE FEB MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, FEB MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, or (ii) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.

Nothing contained in the Services is intended to provide legal, accounting, tax or financial advice. You should consult your own professional advisor on such matters. Information about products and services which you do not already have with FEB is provided for informational purposes only and should not be considered as an offer to make those products and services available to you.

SEVERABILITY

If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.

AREA OF SERVICE

Unless otherwise agreed by FEB, the Services described in this Agreement are solely offered to citizens of the United States of America.

The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No contents from the Online Banking Site or any other FEB Site may be downloaded or otherwise exported in violation of United States Law.

COLLECTION EXPENSES

If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable expenses, including attorneys' fees and court costs.

GOVERNING LAW

This Agreement is governed by and interpreted in accordance with all applicable federal laws and regulations and, as this Agreement applies to each individual account that you may access using the Services, by the state laws and regulations governing such account or the account agreement for such account.