Online Banking Demonstration Request
Step 1 of 3 - Terms and conditions

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Online Banking terms and conditions
Terms and Conditions
Do you accept this disclosure? TERMS AND CONDITIONS THIS AGREEMENT: ("Agreement"), is for the Cash Management service provided by BankFIRST, Winter Park ("Bank") for our Customers. Both parties agree that the services described and provided by Bank will be subject to the terms and conditions set forth below: 1. GENERAL: The Cash Management services to be provided by Bank to Customer consist of access to a secured Cash Management service ("Service") that permits Customer to obtain certain account information reporting, electronic funds transfer services, and other account maintenance functions, by means of a computer. These services shall collectively be known as "Cash Management", but hereinafter will be referred to as the ("Services"). Services are provided by the Bank for access and use by Customer. Fidelity National Information Services (“FNIS”) is the sole owner and licensor for the Services and has granted the Bank the right to sublicense the Services to customers. 2. USE OF SERVICES/LIMITED SUBLICENSE: Bank hereby grants to the Customer a sublicense for use of the Services on computer(s), subject to the terms and conditions set forth in this Agreement. Customer acknowledges and agrees that the Services and Services documentation is valuable, confidential, and proprietary property and agrees not to transfer, distribute, copy, reverse compile, modify or alter the Service or the Service documentation. 3. PASSWORD SECURITY: For security reasons, the Bank requires the use of an individualized logon ID and password in order for the Customer to gain access to the Services. The Customer's logon ID will be assigned to the Customer during the enrollment process. Upon enrollment, the Customer will receive a temporary Bank issued password in the mail. The Customer will be required to change this password the first time the Customer accesses the Services. The Customer will also be prompted to change their password periodically and password changes may be administered more frequently if desired. For the Customer's protection, the Customer's on-line account will be disabled if the allowed number of login attempts is surpassed. Also, the Customer’s on-line session will be discontinued if there is a prolonged period of inactivity. This helps prevent a third party from intruding on the session if the Customer should happen to leave their computer without ending the session and logging off. The Customer's logon ID and password are confidential and should only be known by the Customer or those authorized by the Customer. The Bank will not, for any reason, ask for the Customer's logon password. If anyone contacts the Customer and requests this information, contact the Bank immediately. The Customer is responsible for keeping their logon ID and password confidential. Because the Customer’s logon ID and password can be used to access funds and information about the Customer’s account the Customer should: * Memorize the logon ID and password, never write them down. * Use random numbers and letters for the password. Avoid using passwords that could be easily guessed by others (e.g. Customer's name, phone number, date of birth, etc.). * Change your password frequently. * Always exit the Services before leaving the computer unattended. The Customer must notify the Bank immediately if the Customer has any reason to believe that the confidentiality of the Customer's logon ID or password has been compromised. 4. TERM: This Agreement is effective from the date the Services are accessed by Customer and shall remain in force until termination. The Agreement shall be terminated upon ten days prior written notice by either party to the other, upon termination of the relationship between the parties, if the customer fails to comply with the terms and conditions of this Agreement, or upon termination of the software license agreement between Bank and FNIS. Upon termination, the Customer agrees to return any and all written and electronic documentation related to the Services. The Customer shall not retain any copies in any form. The provisions of this Agreement that protect the proprietary rights of FNIS and the Bank shall survive termination of this agreement and remain in full force. 5. DISCLAIMER OF WARRANTY: No warranties with respect to the Services are made by said Bank nor does it warrant that the Services will meet specific requirements of the Company. Neither the Bank nor, FNIS makes any warranty of any kind, either express or implied with respect to the use of the Services. Bank and FNIS disclaim any and all implied warranties of merchantability and fitness for a particular purpose. The Customer assumes the entire risk as to the quality and performance of the Services and documentation. 6. LIMITATION OF LIABILITY: 1. In no event shall Bank or FNIS be liable to Customer for any damages, including lost profits, lost savings or other direct, indirect, incidental, special or consequential damages arising out of the use or inability to use the Services and documentation, or for any claim by another party. 2. The Customer shall be solely responsible for protecting against unauthorized access to the Services through the use of physical security, passwords and other security procedures. The Bank will be held harmless for processing any request received from Customer. 3. The Bank is not responsible for any electronic virus or viruses that Customer may encounter. It is the responsibility of the Customer to routinely scan the Customer’s computer and electronic devises using a reliable virus product to detect and remove any viruses found. An undetected or unresolved virus may corrupt and destroy programs, files, and hardware and unintentionally transmit a virus to other computers. 4. The Bank may perform regular maintenance on the Bank’s systems or equipment that may result in errors or interrupted service. The Bank may also find it necessary to occasionally change the scope of the Services. The Bank cannot guarantee that the Bank will be able to provide notice of such interruptions and changes specifically if a change must be made to maintain the security and integrity of the Services. 5. Where the Customer has access to funds transfer Services, which include Wire Transfer, Automated Clearinghouse (ACH) Transfer or Book Transfer, Bank will only accept transfer requests upon proper execution of security procedures that are entirely within Customer's control. Bank may consider funds transfer requests received from Customer as having been authorized by, and digitally signed by, the Customer, and the Bank shall be held harmless for executing any transfer. Refer to the required Funds Transfer Agreement for additional limitations and information. 6. Where the Customer elects to execute Stop Payment requests through the Service, the Bank agrees to process the Stop Payment within a reasonable period of time after receiving your confirmed request. Prior to requesting a Stop Payment, the Customer should first verify that the item has not already been posted to their account. If a stopped item has already been paid prior to the Bank's entry of the request, then the Bank shall not be liable for any loss incurred by the Customer arising from the event. Refer to the required Stop Payment Agreement for additional limitations and information. 7. FEES: Applicable transaction fees and general service fees may apply as disclosed in the Bank’s Service and Fee Schedule or other account documents and agreements. 8. STATEMENTS: The transactions completed using the Services will appear on the Customer’s periodic account statement. The Customer account statement will be mailed to the address of record with the Bank or may be delivered electronically upon receipt of proper authorization from the Customer. The Customer has a duty to examine the Customer’s statement and promptly report any discrepancies to the Bank. 9. FUNDS TRANSFER SERVICES: In addition to account information reporting, the Customer may request access to certain Funds Transfer Services as described below. Funds transfers are available during specific business hours as described in the Wire Transfer Agreement and the ACH Origination Agreement. Customer must specify Customer Representative Authorities per transaction type. If the Customer, or any of its authorized representatives, use the Funds Transfer Services described, the following condition(s) shall apply: WIRE TRANSFER - The Customer acknowledges that the Wire Transfer feature of the Services is an alternate entry system for issuing Wire Transfer orders between the Customer and the Bank. A separate Wire Transfer Agreement between the Customer and the Bank is required. This Wire Transfer Agreement shall govern the acceptance and liability for all Wire Transfer Requests. Fees may be assessed as per the bank’s Service and Fee Schedule. ACH TRANSACTIONS -The Customer acknowledges that the ACH Transaction feature of the Services is an alternate entry system for issuing ACH transaction orders between the Customer and the Bank. A separate ACH Origination Agreement between the Customer and the Bank is required. This ACH Origination Agreement shall govern the acceptance and liability for all ACH Transactions originated by the Customer. Fees may be assessed as per the bank’s Service and Fee Schedule. 10. STOP PAYMENT SEVICES: The Customer acknowledges that the Stop Payment feature of the Services is an alternate entry system for issuing Stop Payment Orders. When utilizing this feature, customer warrants that the information describing the check or draft, including the check or scheduled transfer date, its exact amount, the check number and payee, is correct. Customer acknowledges that the exact amount of the check or draft is required, and if the incorrect amount or any other incorrect information is provided, the Bank will not be responsible for failing to stop payment on the item. Customer agrees that the Stop Order must be received by the Bank within a reasonable time for the Bank to act on the order prior to final payment of the check, or if an ACH/EFT transfer, at least three (3) business days preceding the scheduled date of the pre-authorized ACH/EFT. The parties agree that any stop payment request will be effective the next business day following receipt by Bank. A Stop Payment Order received by the Bank using this service may remain in effect up to 180 days. If you have given us a stop payment order verbally, that stop payment order will be released 14 days from the day we received the order unless you provide a confirmed electronic or written request. A separate Stop Payment Agreement between the Customer and Bank is required. This Stop Payment Agreement shall govern the acceptance and liability of all Stop Payment Requests originated by the Customer. Fees may be assessed as per the bank’s Service and Fee Schedule. 11. AVAILABILITY OF SERVICES: Services may be scheduled 7 days a week 24 hours a day, except during system maintenance periods. Services have designated transaction dates or business days of Monday through Friday, excluding federal holidays. Other transaction limitations may apply based upon the type of Services requested. Please refer to Customer transaction service agreements (e.g. ACH Origination Agreement, Wire Transfer Agreement, Stop Payment Agreement, User Authorization Agreement) for additional transaction limitations. 12. ADMINISTRATIVE USER AUTHORIZATION: (OPTIONAL): Bank provides optional Administrative User Authorization whereby Customer is able to perform user maintenance authorizing user access to Customer account. Customer Administrative User Authorization allows Customer to create new users and delegate authorities to those users; revise assigned user authorities; and terminate user authorities. Use of this functionality provides Customer with the flexibility to establish users; however, this ability imposes additional Customer use liabilities. Improper use or designation of authorities whether intentional or inadvertent could allow Customer assigned users to perform certain types of transactions and maintenance other than those intended by Customer, which could result in financial loss. Customer hereby understands and acknowledges this risk, and agrees to bear all losses arising as a result of the use of this Service including losses that result from either errors or malicious acts by Customer Users. A separate Administrative User Authorization Agreement between the Customer and the Bank is required. This User Administrative Agreement shall govern the acceptance and liability for user authorizations originated by the Customer. 13. MISCELLANEOUS: a) This Agreement, together with addendum's, schedules, other written agreements and applicable Bank rules and regulations represents the entire understanding of the parties. If any portion of this Agreement is found to be unenforceable, all remaining portions shall remain in full force and effect. b) Customer agrees not to sublicense, assign or transfer this license or the Services except as expressly provided in this Agreement. c) This Agreement may not be amended or modified except by a written instrument signed by both the Customer and the Bank except as follows: In the event Bank finds it necessary to modify this agreement, it may do so by giving customer at least 10 days prior written notice in accordance with the Notice provision below. Said Notice shall be deemed to have been accepted and agreed to by Customer unless Customer notifies Bank in writing, that it objects to the modification in which case bank may choose to terminate the agreement. d) In the event of any dispute between the parties to this Agreement regarding the subject matter contemplated herein, the prevailing party shall recover from the non-prevailing party its reasonable court costs, expenses and attorney's fees, paralegal's fees, pre-judgement interest, post judgment interest through all appeals, bankruptcy proceedings and collection efforts. e) The laws of the State of Florida (except where Federal law governs the copyrights and trademarks of FNIS and its successors and assigns) shall govern this Agreement; therefore, this agreement shall be construed and interpreted with the laws of the State of Florida. Venue for any legal action arising out of this Agreement shall lie in Orange County, Florida 14. NOTICES: Any notice by either party to the other shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by registered or certified mail in a postpaid envelope addressed (a) if to customer at customer’s last known address and (b) if to Bank, at 1031 West Morse Blvd, Suite 323, Winter Park, Florida 32789. Notice shall be deemed to have been duly given, if delivered personally, upon delivery thereof, and if mailed, upon the third day after the mailing thereof.
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