These are the Terms and Conditions of Online Retirement Plan Services (herein referred to as Retirement Plan service).
This Agreement governs the use of the Retirement Plan service for First Bank located in Missouri and Illinois and First Bank & Trust located in California and Texas. By using this service to access account information, or to make any change or transfer to your retirement account, you agree to the terms of this Agreement. We encourage you to print a copy of this Agreement and to keep a copy of this Agreement for your records. The words "we", "us", "our" and "Bank" refer to the Bank which holds the accounts accessed by the Retirement Plan service. The words "you" and "your" refer to each person subscribing to the Retirement Plan service, and each person who uses the service, provided hereunder, with the permission of the subscriber.
We, in our sole discretion, may amend this Agreement at any time. For example, we may add, delete or amend terms or services. Notice of a change may be provided to you by mail or electronically. Your continued use of the service following receipt of the Agreement or notice of a change is considered acceptance of the Agreement or change.
Computer Equipment
You are solely responsible for the maintenance, installation and operation of your computer, and for the hardware and software used in accessing the Retirement Plan service. The Bank shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software, nor will the Bank be responsible for any computer virus that affects your computer or the software while using the Retirement Plan service. Any undetected virus or virus that is not removed from your computer may corrupt and destroy your programs, files and even your hardware.
Additionally, you must have an Internet Service Provider and a 128-bit compliant browser to utilize the Retirement Plan service. It will be your responsibility to establish these. Any costs or fees to obtain these services or software are solely your responsibility.
Security
First Bank is committed to protecting the security and confidentiality of your account information. We use several different methods to protect your account information:
You can only access the Retirement Plan service with a browser that uses 128-bit encryption
You must have a valid User ID and Password to log in
If no action is taken after 20 minutes, you will be automatically logged off the service
You agree to the following:
Never leave your computer unattended while using the Retirement Plan service
Never leave your account information displayed where it may be viewed by others
Always exit the system by clicking on Log Off in the menu
Notify Client Services at 1-866-633-4015 immediately if you suspect unauthorized access to the Retirement Plan service
These security procedures are not implemented for the purpose of detecting errors in your instructions. You agree that these procedures constitute a commercially reasonable method of providing security against unauthorized instructions. You agree to be bound by any instruction issued by you, and received and verified by the Bank in accordance with such security procedure. In addition, you shall indemnify and hold the Bank harmless from and against any loss suffered or liability incurred by, or arising from, the execution of instructions in good faith and in compliance with such security procedures.
Account Ownership
Any person with ownership rights to a retirement plan may use any or all features of the Retirement Plan service. Transactions performed by an owner of the account will be considered authorized transactions and except as provided in this Agreement, the Bank will not be liable to you for any such transactions.
User Identification (ID) and Password
Your User ID and Password identify and authenticate you to the Bank when you use the Bank's Retirement Plan service. First Bank Trust will provide you with a User Identification (ID) and Password. You will only be able to obtain a User Identification (ID) if you have an existing retirement plan with the bank, which meets the account requirements above. You agree to:
Not disclose your User ID and Password or otherwise make it available to anyone else.
Be liable for your User ID and Password and for its authorized and unauthorized use as described in this Agreement.
Notify Client Services at 1-866-633-4015 immediately of any loss or theft of your User ID and Password.
You acknowledge that we are entitled to rely on the use of your User ID and Password as your authorization for any transaction through the Retirement Plan service. You are responsible for all transactions you initiate or authorize using this service. If you permit any other person to use your User ID and Password, you will have authorized that person to access your retirement plan, and you are responsible for any transaction that person initiates or authorizes from your plan. If you suspect unauthorized use of your User ID and Password, please follow the procedures outlined in the "Unauthorized Use of Your User ID and Password" section of this document.
Retirement Plan Service – Features
You will have access to your eligible retirement plan. You will be able to:
View balance information – current balance by fund and source
View transaction history detailing receipt of contributions and purchase dates as well as asset transfers
View account information by fund and money source, including employee, employer and rollover contributions
View and change allocations for future contributions
Initiate fund-to-fund transfers
Request a loan
We reserve, in our sole discretion, the right to change or limit the types of retirement plans or services available through the Retirement Plan service.
System Availability
You may access your account information 24 hours a day, seven days a week, except for interruptions due to maintenance or matters beyond the Bank's control.
Daily Processing Deadlines and Resulting Balances
When a request is made for a fund transaction, the resulting sale and purchase of your funds will occur as of the end of that business day (the "process day"). Transactions may be processed only on days during which the U.S. Securities Exchanges are open. If a request is made on or before 9:00 a.m. CT for a Fund Transaction, the process day will normally be that day. If a request is made after 9:00 a.m. CT for a Fund Transaction, the process day will normally be the next business day. However, the record keeping system does not receive confirmation of your trade until approximately 1:00 p.m. CT on the following business day. Therefore, a participant may not initiate a transaction involving the same fund to be processed on the following business day because of the pending confirmation of the prior day's transactions. As a reminder, your retirement plan is in a daily valued environment. However, this does not mean it may be traded on a daily basis. Please contact the First Bank Trust department at 1-800-452-1414 if you have any questions.
A confirmation detailing your change request will be mailed to your home address the day following requested changes. You may confirm your transactions by viewing the Web or by calling the automated customer service (Voice Response Unit) at 1-866-633-4015. It is your responsibility to review each transaction confirmation and account statement to verify your investment elections have been properly processed. You should notify the Plan Administrator of any errors immediately, but no later than 10 days after receiving your transaction confirmation.
The balances reported for each of your funds are based on the most recently calculated fund prices. If you are not fully vested in a portion of your account under your plan's provisions, you may not be entitled to your total account balance.
Periodic Statements
The Bank will mail or deliver to you a quarterly account statement for your retirement plan. The Bank will include any transfers or changes you authorize through the Retirement Plan service on your statement. You should promptly notify the Bank of any discrepancies, including but not limited to, any errors or inaccuracies related to data transmitted by any online service. If you do not notify us of any errors within a reasonable period of time (not to exceed 30 days), after we send or make available to you your statement and/or items, you cannot assert the unauthorized signature or alteration against us even if we are unable to show a loss due to your failure. Also, you cannot assert any unauthorized signatures or alterations by the same wrongdoer on items paid by us after the reasonable time mentioned above elapses and before we receive your notice. We lose these protections if we fail to exercise ordinary care in paying an item with an unauthorized signature or alteration. However, if you do not notify us of the problem within 30 days after we send or make available to you the statement and/or items, you absolutely forfeit any right(s) to assert a claim against us. You must report any other account problem (e.g., erroneous statement or passbook entry, missing signature, unauthorized endorsement, etc.) within a 30-day period or lose your right to assert claim against us.
Disclosure of Information to Third Parties
We will disclose information to third parties about your account or the transfers that you make:
Where it is necessary to complete authorized transfers.
In order to comply with a government agency or court orders.
If you give us your written permission.
Unauthorized Use of Your User ID and Password
You must tell us AT ONCE if your User ID or Password has been lost or stolen. Telephoning is the best way of minimizing possible losses. Failure to notify the Bank could result in unauthorized changes to your retirement plan. If you tell us within two (2) business days, you can lose no more than $50 if your Password is used without your permission. If you do NOT tell us within two (2) business days after learning of the loss or theft of your password, and we can prove we could have stopped someone from using the password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows electronic transfers you did not make, tell us at once. If you do not tell us within 30 calendar days after the statement was mailed, you may not receive any money you lost after the 30 calendar days if we can prove that we could have stopped someone from taking the money, if you had told us at once.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods set forth herein, at our discretion.
Telephone Numbers and Address to Reach Us
If you believe your User ID or Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, telephone us at 1-800-452-1414 or write us at:
First Bank Trust Department
135 N. Meramec
Clayton, MO 63105
If you have a question regarding a transaction or would like to have more information about a transfer listed on a statement or receipt, contact us at 1-800-452-1414.
Notices and Changes to Agreement
We may, in our sole discretion, change the Retirement Plan service and the terms set forth in this Agreement at any time. You will be notified of any such change as required by applicable law, either by mail or by an electronic message. You understand that by your continued used of the Retirement Plan service after a change becomes effective, you have agreed to the change.
Governing Law
This Agreement shall be governed by the laws of the state in which the office of the Bank which maintains your plan is located and, where applicable, by federal law. Any issue relating to an account or service with the Bank shall be governed by the law(s) specified in the agreement for that account or service if there is a separate agreement for that account or service.
