1.
Introduction
First
National Bank of Gwinnett’s Internet Banking Service
is available to all of our customers to view account information
and make internal transfers. The Internet Banking Terms
and Agreement is a contract between you and First National
Bank of Gwinnett, which governs the conditions for accessing
accounts. Through this web site the Internet Banking Terms
and Agreement will be referenced to as "Agreement”.
After you have carefully read this Agreement, you will
be asked to consent to all the terms and conditions of
this “Internet Banking, First National Bank of Gwinnett
Terms and Agreement” on “The Internet Banking,
First National Bank of Gwinnett Application”. By accessing
of any of your eligible accounts through Internet Banking
you further acknowledge your receipt and understanding
of this disclosure. We recommend that you print a copy
of this Agreement for future reference.
Privacy
Statement - First National
Bank of Gwinnett understands how important privacy
is to our customers. We have taken steps to insure
your security and privacy for your personal and financial
information with the bank. Our customer privacy statement
can be obtained by clicking on the The First National
Bank of Gwinnett Privacy Statement link on First National
Bank of Gwinnett's web site. (www.fnbgwinnett.com)
Internet
Security Information - Internet Banking is
part of a network that utilizes a comprehensive security
strategy to protect your accounts and transactions
conducted over the Internet. In-depth information on
many of the techniques and features employed by the
system can be viewed and are explained in our First
National Bank of Gwinnett On-line Security statement.
In addition to our login security, we use the SSL (secure
socket layer) encryption technology for everything
you do in Internet Banking system. Whenever SSL is
securing your communications, the browser will typically
indicate the "secure session" by changing
the appearance of a small icon of a padlock at the
bottom of the screen from open to lock. What this means
to you is that your communications are scrambled from
your browser to our servers at all times so no unauthorized
party can read the information as it is carried over
the Internet.
You, Your, or Customer- Refers
to the individuals, corporations, partnerships, limited
liability companies, and sole proprietorships subscribing
to or using First National Bank of Gwinnett's Internet
Banking.
We,
Us, or Our, The Bank - Refers to First
National Bank of Gwinnett and any agent, independent
contractor, designee, or assignee the First National
Bank of Gwinnett may involve in the provision of Internet
Banking.
Business
Day - Our Business Days are Monday through
Thursday 9:00 a.m. to 4:00 p.m. ,Friday 9:00 a.m. to
5:00 p.m., Saturday 9:00 a.m. to Noon. Federal holidays
are not included. You may use this Service 24 hours
a day, seven days a week, except during periods of
maintenance.
Business
Day Cut-Off -For posting purposes, The Bank
will process all transactions completed by 4:00 p.m.
on that business date. Internet Banking transactions
completed after 4:00 p.m. Eastern Time, USA, including
transfers, will be processed on the following Business
Day. The bank will process all Bill Pay transactions
completed by 1:00 p.m.on that business date. Bill Pay
transactions completed after 1:00 p.m. Eastern Time, USA,
will be processed after that time will be made on the next
business day
Consumer
Accounts - Means a demand deposit or other
asset account in the name of an individual held for
personal, family, or household purposes. Internet Banking
services and each of your accounts are governed by
the applicable Disclosures, Rates and Fee Schedules
provided by the Bank upon the opening of your account,
as each may be modified from time to time. Your initial
use of Internet Banking services indicates your agreement
to be bound by this agreement and acknowledges your
receipt and understanding of this document.
2.
Available Services and Limitations
To activate
your account on Internet Banking, you
must have at least one checking, savings, certificate of
deposit, or loan with First National Bank of Gwinnett. Customer
may not designate any account that requires more than one signature
for withdraws. Customer must be the owner of the account or accounts.
BUSINESS ACCOUNTS AND PERSONAL ACCOUNTS CANNOT BE LINKED TOGETHER.
Accounts must be in good standing as determined by the Bank. For Bill
Pay Service, customer must have a checking account that will be designated
as the account from which bill pay transactions will be initiated.
Bank will provide instructions on how to use the Services.
Balance
Inquiries, Bill Payments, Transfers
You
may use Internet Banking to:
. Transfer
funds between your accounts on a one-time or recurring
basis;
. Obtain
Account balances;
. Add
a stop payment in accordance with the terms of this Agreement
. Review
transaction history;
Other
services may be added to Internet Banking and will be communicated
to our customers as the additions are made.
Balances
in your accounts may differ from your records due to
deposits in progress, outstanding checks or other withdrawals,
payments or charges.
Administrative Users (Cash Management Customers Only). The Bank will set up one (1) administrative user on behalf of the customer. The company's Administrator (which is authorized on the "Customer Application for Cash Management" and is setup by the Bank) is solely responsible for the setup and monitoring of each additional authorized representative, which you will give access into internet banking and access to Transfer, ACH, and Wire Transfer privileges and dollar limitations. The Company's Administrator is also responsible for deleting any users no longer permitted to use the Services. The Bank is not liable for users the customer allows to use the Services.
Bill Pay Services. The Bill Pay Service permits a user with a computer connected to the Internet to direct payments from a designated Online Bill Pay Account to third party payees. Customer must apply for Bill Pay Service. The Online Bill Pay Account must be a checking account in good standing. The Bill Pay Service allows bill to be paid from an Online Bill Pay Account to businesses or individuals. All payments made will be deducted from the account designated as the Online Bill Pay Account. Any payments made through the Bill Pay Service must be payable in U.S. dollars to payees located inside the United States. The Bank reserves the right to restrict the types of payees to whom payments may be made using the Service. The Bill Pay Service cannot be used to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments to these payees will be the sole responsibility of the customer if the payments are delayed or improperly processed or credited.
Funds must be available in the Online Bill Pay Account on the scheduled payment date. Customer may choose to schedule payments to recur in the same amount at regular weekly, semi-monthly, or monthly intervals. Payments must be scheduled no less than seven to ten (7-10) business days for the check merchants and three (3) business days for electronic (ACH) payments prior to the payment due date (that is, the due date shown on the invoice or provided in the agreement with the payee, not taking into account any applicable grace period). If the date of a recurring scheduled payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday), funds must be available in the Online Bill Pay Account on the prior business day (e.g. Friday). If sufficient processing time is no allowed, customer will be fully responsible for all late fees, finance charges or other action taken by the payee. If all instructions provided herein are complied with and the payee does not receive payment prior to the due date, the Bank will work with the payee on the customer's behalf to attempt to have any late fees or charges reversed.
The Bank is only responsible for exercising ordinary care for processing payments authorized by the customer in accordance with these terms and conditions. The Bank is not liable for damages incurred doe to events beyond our control. Such events include but are not limited to; sufficient funds are not available in the Online Bill Pay Account on the processing date, delays in mail delivery, changes to the payee's address or account number (unless The Bank has been advised sufficiently in advance), failure of any payee to correctly account for or credit payment in a timely manner.
If the session during which a payment is scheduled ends by 1:00p.m. (EST), the Bank will be considered to have received it on that day. Otherwise, payment will be considered received on the following business day. For all entries made using the Service, the customer agrees that the time recorded by the Online Banking Service will be used as the transaction time in all cases.
Bank will deduct the payment amount from the Online Bill Pay Account for check payments as the items are presented to the Bank by the payee. Electronic payments will be deducted on the business day of the payment effective date. The Bank will attempt to notify customer via phone, e-mail or U.S. Postal Mail if payment is returned electronically for any reason. In all cases, the customer is responsible for either making alternate arrangements for the payment or rescheduling the payment through the Service. If electronic payments are returned for any reason, it is the customers responsibility to modify, change or correct any information on that payee before submitting any future payments. If the Online Bill Pay Account does not have sufficient funds to make a payment as of the date the payment is attempted or scheduled to be made, the Online Bill Pay Service will attempt to process that payment until the funds in the account are sufficient or until the customer modifies or deletes the payment. The Bank shall have no obligation or liability to complete a transfer or payment due to insufficient funds. The Customer may be charged a Special Handling Fee by the Bank if your designated Online Bill Pay Account does not have sufficient funds to make a payment as of the effective date of the transfer or payment.
Limitations
on Frequency of Transfers. You may initiate an unlimited
number of transfers between your eligible accounts subject
to the limitations that apply to the maximum number of
automatic or recurring withdrawals from certain accounts.
Limitations
on Dollar Amount of Transfers. Each transfer between
accounts and the maximum aggregate amount per day is
unlimited. However, each individual payment initiated through FNBG Bill PAY Service is subject to a maximum limitation of $9,999.00 ("Payment Cap"). Payments in excess of this amount will not be processed. The Bank reserves the right to increase or decrease the Payment Cap at the Bank's sole discretion and will give reasonable notice to the customer of any such increase or decrease.
3.
Accessing your Accounts and Login Security
Access
ID and Password Controls. When you
login to the service for the first time, you will use
your Access ID and first time login password. You will
then be prompted to select a new password that you
will thereafter use to gain access to your accounts.
Remember, you should carefully select a password that
is hard to guess because it is used to access your
accounts and you are liable for all transactions made
or authorized using your password. First National Bank
of Gwinnett is entitled to act on instructions received
through Internet Banking under your Access ID password
and without inquiring into the identity of the person
using that Access ID and password. Therefore, you should
treat them as you would any other sensitive personal
data. You should not, under any circumstances disclose
your Access ID and password by telephone or to anyone
claiming to represent First National Bank of Gwinnett.
Bank employees do not need and should not ask for your
password. First National Bank of Gwinnett will never
contact you via e-mail asking for confidential information
such as account numbers or passwords please be aware
of these internet related schemes. Changing your password
can be done at any time, after you are logged in, from
the "options" menu. Please contact us if
you have any questions regarding your login information
at 770-476-7777.
Lockout
Security. To help prevent unauthorized access and
ensure the security of your accounts, we will end your
online session if we have detected no activity for 10
minutes. This is to protect you in case you accidentally
leave your computer unattended after you log on. If for
any reason you need to reset your account, you may contact
any personal banker between 9:00 a.m. and 4:30 p.m.,
Monday – Friday, and 9:00 a.m. to Noon on Saturday
by calling 770-476-7777, or coming in person. If the
lockout occurs outside of normal business hours, you
may leave a message in the general voice mailbox.
4.
Stop Payments
Stop
Payment will be processed the same day as long as they
are received before 4:00 pm EST. There is a fee that
will be automatically assessed to your account. You agree
to pay a service charge for this stop payment order in
the amount shown in the banks current disclosure of fees
and charges. Unless otherwise agreed, the bank is authorized
to charge this service charge to the account. We will
not be liable:
. If
you, or anyone you allow, supply any incorrect or incomplete
information that affects said transaction. The bank uses
a computer system to check for stop payments. If you do
not give the bank the exact amount of the check and the
exact check number, the bank will not identify the proper
check and the check will not be stopped.
. If
circumstances beyond our control (such as fire, flood ,
or improper transmission) keep us from receiving the stop
payment order, despite reasonable precautions taken by
us.
. If
any electronic terminal, telecommunications device, or
any part of the electronic system is not working properly.
. Stop
payment on ACH/EFT items cannot be placed online. Please
contact your us at 770-476-7777..
Stop
Payment Agreement. Stop Payment Agreement-You agree that unless your stop payment order is received
by the bank within a reasonable time for the bank to act on
your order prior to final payment of the check, the bank will
not be responsible for stopping payment. You agree that you
may not stop payment on any type of ACH/EFT transfers including
Point of Sales and Pre-authorized ACH transactions, any Cashiers
Check, certified check or other financial institution check
you have purchased from the bank, or any check of which the
bank has guaranteed. You understand that your stop payment
request is conditional and subject to the bank's verification
that the check has not already been paid or that some other
action to pay the check.
Duration. A stop payment order against a check is effective only against the check that
is described in the online stop payment order. A written
stop payment order is effective for six (6) months only
and will expire automatically at that time unless you
have specifically renewed it prior to expiration.
Indemnification. You
agree to indemnify, defend and hold the bank harmless against
all costs, including attorneys fees, actions, damages or
claims related to or arising from the bank's action in
refusing payment of the check, including claims of any
joint depositor, payee or endorsee or in failing to stop
payment of a check, as a result of incorrect information
provided by you. You agree to notify the bank promptly
upon the issuance of any duplicate check, which replaces
the check subject to this order or upon return of the original
check.
Preauthorized
Payments. You have the right to stop or change any scheduled payment. You must cancel
the payment no later than 4:00 p.m. EST three (3) days prior
to the Payment Date by calling a personal banker. We shall
not be liable to you due to a stop payment request if your
order to do so is not presented prior to processing the payment.
Once processing of the payment has begun, you can no longer
stop payment.
5.
General
Fees
for Internet Banking. You agree to pay the fees and
charges for your use of Internet Banking as set forth
in the current fee schedule. You agree to pay any additional
reasonable charges for services you request which are
not covered by this
Agreement. You
are also responsible for telephone and Internet service
fees you incur in connection with your use of Internet
Banking.
Notice
of Your Liability (Applicable to Consumer Accounts Only). Tell
us AT ONCE if you believe your Access ID and Password
have been lost or stolen. Telephoning is the best way
of keeping your possible losses down. You could lose
all the money in your account plus your maximum overdraft
line of credit. If you believe your Access ID and Password
has been lost or stolen, and you tell us within two (2)
business days after you learn of the loss or theft, you
can lose no more than $50 if someone used your Access
ID and Password without your permission.
If
you do NOT tell us within two (2) business days after you
learn of the loss or theft of your Access ID and Password,
and we can prove we could have stopped someone from using
your Access ID and Password without your permission if
you had told us, you could lose as much as $500.
Also,
if your statement shows transfers that you did not make,
tell us at once. If you do not tell us within 60 days after
the statement was mailed to you, you may not get back any
money you lost after the 60 days if we can prove that we
could have stopped someone from taking the money if you
had told us in time.
If
a good reason (such as a long trip or a hospital stay)
kept you from telling us, we reserve the right to make
the decision to extend the time periods.
Statements. You
will not receive a separate Internet Banking statement.
Transfers to and from your accounts using Internet Banking
will appear on the respective periodic paper statements
for your First National Bank of Gwinnett accounts.
Contact
in the Event of Unauthorized Transfer. If you believe
your Access ID and Password has been lost or stolen or
that someone has transferred or may transfer money from
your account without your permission, call a personal
banker immediately.
Bank
Liability (Applicable to Consumer Accounts Only). 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 or payment.
2.
If the transfer or payment would cause the account to become
overdrawn beyond the balance of account plus any overdraft
protection.
3.
If your account is closed or if it has been frozen.
4.
If a hold has been placed on your account for uncollected
funds.
5.
If any electronic terminal, telecommunication device or
any part of the electronic funds transfer system is not
working properly.
6.
If you have not provided us with complete and correct payment
information, including without limitation the name, address,
account number and payment amount of the payee on a bill
payment.
7.
There are any delays in the handling of the payment by
the payees.
8.
Circumstances beyond our control prevent the proper completion
of the transaction, despite reasonable precautions that
we have taken. Such circumstances include, but are not
limited to, fire, flood, tornado, delay in the U.S. Mail
or other uncontrollable circumstances such as power failure,
the disconnecting or quality of your telephone line.
9.
Funds in your account are subject to legal process or other
restrictions prohibiting the transfer.
10.
If you, or anyone you allow, commits fraud or violates
any law or regulation.
11.
It can be shown that the merchant or payee received the
payment within the normal delivery timeframe and failed
to process the payment through no fault of The First National
Bank of Gwinnett Internet Banking or our service providers.
12.
Other applicable laws and/or regulations exempt us from
liability.
Error
Resolution Notice. In Case of Errors or Questions
About Your Electronic Transfers:
. Telephone
a Personal Banker at 770-476-7777 or
. Write
to us at:
| |
First
National Bank of Gwinnett
2734
Meadow Church Road
Duluth,
GA 30097 |
Contact
First National Bank of Gwinnett 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.
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.
4.
If the problem involves a bill payment, tell us the checking
account number used for payment, the payees name, date
for which the payment was scheduled, payment amount, and
any applicable payee account number or reference number.
If
you tell us verbally, we may require that you send us your
complaint or question in writing within 10 business days.
We
will determine whether an error occurred within ten (10)
business days 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 for the amount you think is in error,
so that you will have 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 ten (10) business days, we may not
credit your account.
For
error involving new accounts, point-of-sale, or foreign-initiated
transactions, we may take up to 90 days to investigate
your complaint or question. For new accounts, we may take
up to 20 business days to credit your account for the amount
you think is in error.
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 investigation.
Documentation
Periodic
statements. You will get a monthly account statement
from us for your checking accounts. The payee name, payment
amount, and transaction date will be reflected for each
payment made through the Service.
Preauthorized
Payments. Right to stop payment and procedure for
doing so. If you have told us in advance to make regular
payments out of your account, you can stop or change
any of these payments.
Here's
how:
Use
your personal computer to access Internet Banking and alter
both the payment amount and the payment date at any time
prior to 4:00 p.m. You may also delete any single payment
or recurring payment at any time prior to 4:00 p.m.
Or:
Call
us at 770-476-7777 located at First National Bank of Gwinnett,
2734 Meadow Church Road- Duluth, GA 30097 in time for us
to receive your request three (3) business days or more
before the payment is scheduled to be made. If you call,
we may require you to put your request in writing and send
it to us within fourteen (14) days after you call.
Liability
for Failure to Stop Payment (Applicable to Consumer Accounts
Only). If you order us to stop one of these regular
payments three (3) Business Days or more before the Payment
Date, and we do not do so, we will be liable for your
losses or damages.
Confidentiality. Information
about your account(s) or the transaction(s) you make may
be shared if:
1.
It is necessary to verify the existence and condition of
your account to a third party such as a credit bureau or
merchant.
2.
It is necessary to comply with a governmental agency or
court order.
3.
You give us permission, which we may require to be in writing.
4.
It is necessary to collect information for internal use,
the use of our service providers, and our servicing agents
and contractors concerning our electronic funds transfer
service.
5.
It involves a claim by or against us concerning a deposit
to or a withdrawal from your account.
6.
We are required or permitted to do so under state or federal
laws and/or regulations.
For
additional information on our sharing practices, please
refer to our Privacy Statement by clicking on First National
Bank of Gwinnett's Privacy Statement link on First National
Bank of Gwinnett web site www.fnbgwinnett.com
Termination. You
may terminate your use of Internet Banking at any time
by calling any personal banker or, by visiting our location,
or writing to us at First National Bank of Gwinnett, 2734
Meadow Church Rd, Duluth, GA 30097. You must notify us
within ten (10) days prior to the date you wish to have
your Service terminated. We may require you to put your
request in writing. If you have a scheduled payment within
this ten (10) day period, you are required to cancel those
payments according to the instructions in the section titled "Preauthorized
Payments". You will be responsible for payments with transaction
dates during the ten (10) days following our receipt of
your written notice of termination if you do not cancel
those payments. We will notify you with confirmation of
your termination. We
may terminate your access to Internet Banking (including the Bill Pay Service), in whole
or in part, at any time without notice, if you do not comply
with the terms of this Agreement, or the agreements governing
your Accounts, or if we believe that you have handled your
Account(s) in a fraudulent manner. We may also terminate
your access to Internet Banking for any other reason by
giving you twenty (20) days notice. Termination will not
affect your liability under this Agreement for transactions
that we have processed on your behalf.
Limitations
on Bank Liability. We will not be responsible for the following
incidents, errors or failures:
. Access. We
will not be responsible for failure to provide access or
for interruptions in access to Internet Banking due to
a system failure or due to other unforeseen acts or circumstances.
. Your
Computer Equipment or Software. We will not be responsible
for any errors or failures from any malfunction of your
computer or any computer virus or other problems related
to your computer equipment used with Internet Banking.
We are not responsible for any error, damages or other
losses you may suffer due to the malfunction or misapplications
of any system you use, including your browser (Microsoft
Explorer® , Netscape Navigator® , or otherwise), you
Internet Service Provider (ISP), your personal financial
management or other software (such as Quicken® , or Microsoft
Money® ), or any equipment you may use (including your
Telecommunications
facilities, computer hardware and modem) to access or communicate
with Internet Banking.
No
Signature Requirements. When any payment or other
on-line service generates items to be charged to your
account, you agree that we may debit the designated account,
or the account on which the item is drawn, without requiring
your signature on the item and without any notice to
you.
New
Services. First National Bank of Gwinnett may, from
time to time, introduce new Online Banking services.
We shall update this On-line Access Agreement to notify
you of the existence of these new services. By using
these services when they become available, you agree
to be bound by the terms contained in this Internet Banking
Agreement.
Virus
Protection. First National Bank of Gwinnett is not
responsible for any electronic virus or viruses that
you may encounter. We encourage our customers to routinely
scan their personal computer and diskettes using a reliable
virus product to detect and remove any viruses. Undetected
or unrepaired viruses may corrupt and destroy your programs,
files and even your hardware. Additionally, you may unintentionally
transmit the virus to other computers.
Geographic
Restrictions. Internet Banking described in this
Agreement and available on our website are solely offered
to citizens and residents of the United States of America
currently residing in the United States. Citizens and
residents outside the United States may not be able to
access the Internet Banking.
Governing
Law. This agreement and the account or service you
are accessing via The First National Bank of Gwinnett
will be governed by and interpreted in accordance with
the laws of the State of Georgia.
Assignment. This
agreement may not be assigned to any other party by you.
We may assign or delegate, in part or whole, to any third
party.
Amendments. Terms
and conditions of this agreement may be amended in whole
or part at any time within 30 days written notification
prior to the change taking effect. If you do not agree
with the change(s), you must notify us in writing prior
to the effective date to cancel your access. Amendments
or changes to term(s) or condition(s) may be made without
prior notice if they do not result in higher fees, more
restrictive service use, or increased liability to you.
Entire
Agreement. This Agreement supplements any other agreements
or disclosures related to your account(s), including
the Deposit Account Agreement and Disclosures. If there
is a conflict between this Agreement and any others,
or any statements made by employees or agents, this agreement
shall supersede.
Ownership
of Website. The content, information and offerings
on our website are owned by First National Bank of Gwinnett,
and the unauthorized use, reproduction, linking or distribution
of any portions are strictly prohibited.
Scope
of Agreement. This Agreement represents our complete
agreement with you relating to our provision of Internet
Banking. No other statement, oral or written, including
language contained in our website, unless otherwise noted,
is a part of this agreement.
Acceptance
of Agreement. Your signature on "Internet Banking
, First National Bank of Gwinnett Online Banking Application" constitutes
your acceptance and agreement to be bound by all of the
terms and conditions of this agreement and acknowledges
your receipt and understand
Exhibit
A - Fees and Charges
| |
Service |
Fee |
| |
Consumer
Internet Banking |
No
Charge |
| |
Business
Internet Banking |
$4.95
per month |
| |
|
|
| |
Check
Image |
First
5 Free per month then $1.00 each. |
| |
Overdraft
Charge |
$30.00 |
| |
ACH
Debit for Insufficient Funds |
$30.00 |
| |
Stop
Payment or Re-issue Online Bill Payment |
$30.00 |
