Mobile Banking Terms and Conditions
The following Terms and Conditions (“Agreement”) apply to our M obile Banking services (defined below). By accepting this Agreement and using
M obile Banking, you agree to all the terms, conditions and notices contained in this Agreement and accept responsibility for your use of M obile
Banking. Please read this Agreement carefully before accepting. We may amend these terms, and modify or cancel the mobile services and features we
offer, from time to time without notice, except as may be required by Law. We may offer additional mobile services and features in the future. Any
such added mobile services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new
mobile service or feature is added and/or at the time of enrollment for the feature or service if applicable. Any Deposit Account accessed through this
Service is also subject to the Account Disclosures and Regulations for the Account (Account Disclosures). You should review the Account Disclosures
carefully, as they may include transaction limitations and fees which might apply to your use of M obile Banking.
Definition of Term
As used in this Agreement and M obile Banking services, the following words have the meanings given below:
“Account(s)” means your eligible Farmers Bank and Trust Company checking or savings accounts that can be accessed through M obile Banking.
“Alias” means a word that your account would be known as.
“Available Balance” means the balance available at the time you make your request, which is the total balance less any amounts that are held (e.g.
based on funds availability), pledged (e.g. as security for a loan), or otherwise subject to restraint (e.g. due to legal process or levy). All outstanding
transactions or holds on your Account may not be included as of the time of your request. Available Balance may not be the same as Collected Balance
or Ledger Balance. For balance definitions, see also the Account Disclosures.
“Balance” means your “Available Balance.”
“Device” means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and/or capable of sending and
receiving text messages.
"M obile Banking" means the banking services accessible from the Device you have registered with us for M obile Banking.
"You" and "Your(s)," mean each person who applies to use the service and each person who uses the Service.
"We," "Us," " Bank” and "Bank’s" mean Farmers Bank and Trust Company , M arion and Salem, Ky.
M obile Banking is offered as a convenience and supplemental service to your banking with us including our Online Banking Services. It is not intended
to replace access to Online Banking from your personal computer or other methods you use for managing your Accounts and services with us. To enroll
in M obile Banking, you must have at least one active Account in good standing, and you must be the owner of the Account. You must have a Device to
use with M obile Banking. To register a Device, you must be the authorized user for the assigned number for the Device registered. You agree to
provide us with true, accurate, current and complete information during the enrollment/registration process.
You may enroll in M obile Banking at our M ain Office located at 201 South M ain Street, M arion, KY, at our Salem Office at 216 West M ain Street,
Salem, KY or at www.farmersbankmarion.com by choosing “Register” in the M obile Banking Log-In area and completing the registration process.
This process will allow you to enter the necessary information online, including name, cell phone number, email address, and account number. You will
also be asked to choose and answer a security question to be used when accessing your account on the internet, via computer or mobile device. Once
the registration process is complete, you will receive your activation code through the mail within 2-5 days. You will be directed in the mailing to text
your code to Farmers Bank and Trust Company’s Mobile Banking number (M OBANK or 662265). This will complete the activation process.
If enrolling in person at either the M ain Office or Salem Office, you will be required to fill out a M obile Banking Enrollment Form. After filling out
the enrollment form, you will be enrolled in the service and may begin using the following business day. To set alerts or make changes, you will need
to access the M obile Banking M anagement Site via our website at www.farmersbankmarion.com. You can sign in to M obile Banking by entering the
Username and Password you entered on the Enrollment Form. At the first login, you will be asked to choose a Security Question and an answer. After
completing this step, you will then be able to maintain and manage your mobile banking from the convenience of your computer. If you do not have
access to the internet, feel free to contact our E-Services Department for assistance by calling (270) 965-1840.
Maintaining Your Mobile Banking Profile
To manage your M obile Banking, you can return to the M obile Banking Log-In area, and log-in using the Username and Password you created during
the registration process. This site will allow you to make changes such as setting alerts, changing account information, and adding additional accounts.
If your mobile device is lost, stolen or the number is changed you must notify the bank by calling (270)965-1840 as soon as possible.
Mobile Banking Cancellation
You may cancel M obile Banking at any time by calling us at (270)965-1840.
Description of Mobile Banking
M obile Banking features and services may vary depending on the method of M obile Banking we offer and method you select. Currently two methods
of M obile Banking are available. One is mobile text messaging that allows you to access available information via text messaging from your Device.
The second is mobile Web, an internet-based platform you access via a URL unique to your Device that allows you to access available information and
make transfers between registered Bank Accounts. We may also limit the types and number of Accounts eligible for M obile Banking. M obile Banking
may not be supportable for all device models or for all carriers at all times. Bank cannot guarantee the availability of underlying data services provided
by your mobile carrier, (i.e. we are not responsible for carrier data outages or “out of range” issues). The following information is currently available to
you via mobile text messaging and mobile Web: Available Balance and Transaction History. The following service is currently available using mobile
Web only: Transfers between eligible Bank Accounts (See M obile Banking Funds Transfers section below). Internet access from your Device is
required to access some features of M obile Banking.
Description of Mobile Banking Commands
Listed below are the M obile Banking commands available for your use with M obile Banking. We may change these commands from time to time.
BAL- Returns Balance of default account
BAL ALL- Balances of all enrolled account
BAL <alias>- Balance for specific account
ACT- Returns last 5 transactions of default account
ACT <alias>- Returns last 5 transactions for specific account
HELP- Returns general help information
CMD- Returns list of valid commands
Electronic Communications Consent
By accepting this Agreement and using M obile Banking, you agree to receive from us any disclosures, agreements or other communications
(collectively “Electronic Communications") relating to the M obile Banking service electronically via your handheld electronic Device. Electronic
Communications include Electronic Fund Transfers disclosures, any other disclosures required by law or regulation, this Agreement, and any other
communications that are provided to you at any time while the M obile Banking service is in effect. Farmers Bank and Trust Company may also
provide Electronic Communications at www.farmersbankmarion.com. Any Electronic Communications that are required by law or regulation will be
provided at www.farmersbankmarion.com in a form you can print and retain for your records. You have the right to receive a paper version of the
Electronic Communications. You will not be charged a fee for the paper version. You have the right to withdraw your consent to receive Electronic
Communications. If you withdraw your consent to receive Electronic Communications, we may terminate your M obile Banking service, but you will
not be charged a fee for your withdrawal of consent. If you want a paper version of any Electronic Communication, wish to withdraw your consent to
receive Electronic Communications, or you wish to update the information needed to provide Electronic Communications to you, you may call the
customer service number in the “How to Notify Us” section of the Agreement. To receive an Electronic Communication from us, your Device must be
web-enabled and/or capable of receiving text messages.
Your Mobile Banking Responsibilities
In addition to the terms and conditions in other sections of this Agreement and your Responsibilities in the Electronic Fund Transfers Provisions section
below: You agree to monitor your Account and important Account information through your Online Banking Service, periodic statements for your
Account, if applicable, and important notices about your Account delivered by us electronically or by mail, in addition to any services or information
you may receive through M obile Banking. You agree to keep informed of any changes to M obile Banking by regularly visiting our website. You agree
to take every precaution to ensure the safety, security and integrity of your Account and transactions when using M obile Banking. You agree not to
leave your Device unattended while logged into M obile Banking and to log off immediately at the completion of each access by you. You agree not to
provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you. You agree not
to use any personally identifiable information when creating shortcuts to your Account. You agree to notify us immediately if you lose, or change or
cancel the number of, your registered Device. If you believe that someone may have unauthorized access to your Mobile Banking, you agree to cancel
your M obile Banking associated with the Device immediately. You agree to comply with all applicable laws, rules and regulations in connection with
M obile Banking. We make no representation that any content or use of M obile Banking is available for use in locations outside of the United States.
Accessing M obile Banking from locations outside of the United States is at your own risk, and you are responsible for compliance with local laws.
Electronic Fund Transfers Provisions
A. Permitted M obile Banking Transfers
You may use the mobile Web to transfer funds between your eligible Bank Accounts (“Transfer”). You may not transfer to or from an Account at
another financial institution using M obile Banking. To request a transfer, select Transfer funds via mobile Web and follow the instructions provided on
your mobile Device. If you submit your transfer request prior to the Transfer deadline established by Farmers Bank and Trust Company from time to
time for M obile Banking transfer service ("M obile Transfer Cutoff Time"), you will initiate an immediate Transfer via M obile Banking. M obile
Transfer Cutoff Time may be different than other transfer cutoff times. Transfer requests after the M obile Transfer Cutoff Time are treated as made the
next Business Day. The “M obile Transfer Cutoff Time” is currently set at 2:30 pm CST. You must have sufficient funds available in the selected
account at the time the transfer request is received; otherwise the transfer will not be completed. Each Transfer from a Savings Account using M obile
Banking is counted as one of the 6 limited transactions permitted every four weeks. Transfers from your savings account using M obile Banking also
counts in the 6 transactions permitted per quarter before fees are assessed per the Account Disclosures. Please see the Limits and Fees applicable to
your Account for more information. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the
limits without notice, at our option. You agree to confirm the completion of each transfer in your Account balance and transaction history before
withdrawing the transferred funds. You may also call us at the customer service number in the “How to Notify Us” section below or on your statement
to confirm any transfer.
B. Electronic Fund Transfers Provisions for Consumers
The provisions in this Section apply only to electronic fund transfers (EFTs) to or from your consumer Accounts initiated using M obile Banking. For
EFTs to or from your non-consumer Accounts, see Electronic Fund Transfers Provisions for Non-Consumer Accounts section below. For EFTs other
than M obile Banking EFTs for both consumer and non-consumer, see the Account Disclosures and Regulations provided for your Account(s).
Your liability for unauthorized EFTs
Your liability for unauthorized EFTs will be determined as follows:
1. If you notify us within 2 Business Days after learning of the loss or theft of your username, password, M obile Banking Personal Identification
Number (PIN), or Device, your liability will not exceed the lesser of $50 or the amount of unauthorized EFTs that occur before notice to us.
2. If you fail to notify us within 2 Business Days after learning of the loss or theft of your username, password, PIN, or Device, your liability will not
exceed the lesser of $500 or the sum of -- $50 or the amount of unauthorized EFTs that occur within the 2 Business Days, whichever is less; and the
amount of unauthorized EFTs that occur after the close of 2 Business Days and before notice to us, provided we establish that these EFTs would not
have occurred had you notified us within that 2-day period.
3. If your statement shows an unauthorized EFT you must notify us at once. If you do not notify us within 60 days of when we transmitted the first
statement reflecting the unauthorized EFT, you will be liable (in addition to the above amounts) for any unauthorized EFTs after the 60 days and before
notice to us that we establish would not have occurred if you had notified us within the 60 days. If a good reason (such as a long trip or hospital stay)
kept you from notifying us, we may extend the time periods for a reasonable time.
How to Notify Us of Unauthorized EFT, Lost Device, Error or Inquiry
1. You agree to notify us immediately if you believe your username, password, or PIN has become known or an unauthorized transaction has occurred
involving your Account, and/or if your registered Device is lost, misplaced, otherwise not in your possession, or stolen. Telephoning is the best way of
keeping your possible losses to a minimum. Please call us at (270)965-1840, or write to us at: Attn: E-Services, Farmers Bank and Trust Company, PO
BOX 151, M arion, KY 42064-0151.
2. You must include the following information: Your name and Account number; a description of the error, loss and/or EFT that you are unsure about,
and explain as clearly as you can why you believe it is an error or why you need more information; and the dollar amount of the suspected error or
3. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days.
4. We must hear from you no later than 60 days after the date we send the first statement on which the problem or error appeared.
Error Resolution Notice
In Case of Errors or Questions about Your Electronic Transfers, Call or Write us at the telephone number or address listed in this disclosure, as soon
as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We
must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. (1) Tell us your name and
account number (if any). (2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or
why you need more information. (3) Tell us the dollar amount of the suspected error. If you tell us orally, we may require t hat you send us your
complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (20 business days if
the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to
45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if
the transfer involved a new account) for the amount you think is in error, so that y ou will have the use of the money during the time it takes us to
complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not
credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an
established account with us before the account is opened. We will tell you the results within three business days after completing our investigation. If
we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our
If you have inquiries regarding your account, please contact us at:
Farmers Bank and Trust Company
201 South M ain Street P.O. Box 151
M arion, KY 42064-0151
PHONE: (270)965-3106 E-Services (270)965-1840
Financial institution's liability
If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for
your losses or damages. However, there are some exceptions. We will not be liable, for instance: (1) If, through no fault of ours, you do not have
enough money in your Account to make the transfer; (2) If the transfer would go over the credit limit on your overdraft line; (3) If circumstances
beyond our control (such as fire, flood or ice) prevent the transfer, despite reasonable precautions that we have taken; (4) There may be other exceptions
stated in our agreement with you, above.
You will get a Account statement monthly if there is a transfer subject to the Electronic Fund Transfers Act in a particular month, and if not, at least
C. Electronic Fund Transfers Provisions for Non-Consumer Account
The above error resolution and liability provisions and any included with periodic statements for consumer Accounts that you may receive do not apply
to non-consumer Accounts. The owners of non-consumer Accounts must notify us immediately if they discover any unauthorized transactions, errors,
or lost Devices. See, How to Notify Us of Unauthorized EFT, Lost Device, Error or Inquiry, subsection (1) and (2), above, on how to notify us. We
must receive written notice and an affidavit (upon our request) regarding the problem in a form satisfactory to us within 14 calendar days from the date
of discovery or receipt of the first statement, report or notice reflecting the problem, whichever occurs first. If you do not notify us within these
timeframes, you will have authorized the transaction and be responsible for all losses, costs or expenses that you incur as a result of the loss and/or use
of your username, password, PIN, or Device, unless the laws governing your Account state otherwise. We will not be responsible for any special,
consequential, incidental or punitive damages involving such Accounts. The owners of such Accounts assume sole responsibility for any unauthorized
use of the Device registered for M obile Banking, and shall indemnify, defend, and hold us harmless from all claims, actions, proceedings, los ses and
damages related to or arising out of any unauthorized transaction.
Business days are M onday through Friday, except Federal holidays. Transactions on non-Business Days are considered made the next Business Day.
We do not currently charge a fee for our M obile Banking including EFTs. However, please see the Limits and Fees for any excess transaction fees that
may apply to your Account. Also, you are responsible for web access and/or data or text message charges that may be billed by your mobile carrier.
Check with your mobile carrier for details on specific fees and charges that may be applicable.
Disclosure of Account Information
We will disclose information to third parties about your Account or the transactions you make: (i) where it is necessary or helpful for completing a
transaction; (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iii) in order to
comply with reporting or other legal requirements (including, for example, legal process); (iv) if you give us your permission; (v) to offer you
additional products and services from us and others that we think might be of interest to you; (vi) to otherwise conduct our business; and (vii) as
otherwise permitted by Law. Notwithstanding the above, we will not disclose such information where prohibited from doing so by applicable Law. See
Our Limited Liability for Use of Mobile Banking.
Our M obile Banking services are provided to you on an “AS-IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY WARRANTIES OR
REPRESENTATIONS THAT YOU WILL HAVE CONTINUOUS OR UNINTERRUPTED ACCESS TO M OBILE BANKING OR ITS CONTENT
OR FUNCTIONS, OR THAT SUCH FUNCTIONS WILL BE ERROR-FREE OR ANY ADVERTISEM ENTS, OR WEBSITES IN CONNECTION
WITH THAT SERVICE, INCLUDING, WITHOUT LIM ITATION, EXPRESS OR IM PLIED WARRANTIES OF M ERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEM ENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REM EDY FOR ANY FAILURE
OR NON-PERFORMANCE OF MOBILE BANKING (INCLUDING ANY SOFTWARE OR THEIR M ATERIALS SUPPLIED IN CONNECTION
WITH M OBILE BANKING) SHALL BE FOR US TO USE COMM ERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTM ENT OR
REPAIR OF THE M OBILE BANKING SERVICE. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may
not apply to you. You may also have other legal rights, which vary by state. In addition, see Electronic Fund Transfers Disclosure section for limits of
liability provisions for transfers made using M obile Banking, which section applies only to the extent not consistent with this limitation of liability
IN NO EVENT WILL FARM ERS BANK AND TRUST COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENT
COM PANIES, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY
CONSEQUENTIAL (INCLUDING, WITHOUT LIM ITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF
PROCUREM ENT OF SUBSTITUTE OF GOODS OR M OBILE BANKING), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF M OBILE BANKING. THE AGGREGATE LIABILITY OF FARM ERS BANK
AND TRUST COMPANY AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEM ENT SHALL NOT EXCEED ONE
THOUSAND DOLLARS. Because some states do not allow the exclusion or limitation of liability for consequential damages, the above limitations
may not apply to you. M obile Banking is not covered by Farmers Bank and Trust Company ’s Online Banking Guarantee, including M obile Banking for
customers who are also enrolled in our online banking service.
You agree to indemnify, defend, and hold Farmers Bank and Trust Company and its Officers, Directors, Shareholders, Parent Companies, Subsidiaries,
Affiliates, Agents, Licensors, or Third Party Service Providers harmless from any and all third party claims, liability, damages and/or costs (including
but not limited to reasonable attorneys' fees) arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or
misappropriation based on information, data, files, or otherwise in connection with the service; (b) your violation of any law or rights of a third party; or
(c) your use, or use by a third party, of M obile Banking.
This Agreement, as it may be amended from time to time, together with any other disclosures or documents provided to you about your M obile
Banking services and Accounts, contains the entire agreement between you and supersedes any other or oral communications and previous agreements,
if any, with regard to M obile Banking.
Any Account will continue to be governed by the laws described in the Account agreement. This Agreement will be construed and interpreted in
accordance with federal law applicable to M obile Banking and to the extent not superseded by federal law, the laws of the state of Kentucky without
regard to conflict-of-law rules.