This Agreement governs the use of the NBG Online Banking ("Online Banking") service and is made and entered into by and between NBG, also referred to as ("we") and each person who signs the Bank's signature card for the account, or is referenced on the Bank's records as an owner of the account; also referred to as ("you"). Each customer is jointly and severally liable for all transactions initiated through Online Banking, including overdrafts, even if the customer did not participate in the transaction which resulted in the transaction.
Online Banking is a Bank service accessed through a computer and modem to electronically connect with a database that allows you to view account balance and transaction information, transfer funds among designated accounts, and pay bills from designated accounts.
The terms and conditions of any deposit account agreement, rules, regulations, schedule, signature card, credit agreement, including any disclosures made pursuant to such agreements, or authority executed by or made available to Customer and any subsequent amendments to any of the foregoing, are incorporated herein by reference.
Some of the transactions permitted under this Agreement are governed by the Electronic Fund Transfer Act and some terms and conditions included in the Agreement are required by this Act.
Password and Security Procedures
Upon becoming an Online Banking customer, you will receive a temporary password which will allow you access to your account information. Use of the password assigned to you will indicate to Bank your acceptance of the terms and conditions governing your account(s) and this Online Banking Agreement. Any Online Banking transactions, including, but not limited to accessing account information, making transfers, giving transfer-related instructions or utilizing the electronic bill payment service, initiated by person(s) on behalf of a commercial customer by entering the correct password is deemed as acting with full authority of the Board of Directors, members or general partners, as applicable, to the commercial customer. Each time you access account information, make transfers or give transfer-related instructions, you will be required to enter your password. If your password is lost or stolen, or is known by another individual, you must notify Bank immediately. Failure to notify Bank promptly could result in loss of funds. You are responsible for maintaining the confidentiality of your password and any breach of confidentiality shall promptly be reported to Bank. Bank reserves the right to prevent your access to Online Banking should we have reason to believe the confidentiality of your password has been compromised.
You understand that the Bank has implemented a security procedure for the purpose of verifying the authenticity of the payment instructions transmitted to Bank by you ("instructions"), and not for the purpose of detecting errors in such instructions. Such security procedure includes (i) a unique file identification number and transmission password, and (ii) encryption. You agree that this procedure constitutes 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 Bank in accordance with such security procedure, and you shall indemnify and hold 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 procedure.
In an effort to provide the highest degree of confidentiality and security, Bank recommends the use of browsers that provide encryption using a 128-bit key. The higher the level of encryption, the harder it is for unauthorized people to read information. Commercial off-the-shelf browsers typically support 40-bit encryption; however, many browser suppliers (Netscape and Microsoft) offer special 128-bit encryption versions, available for download from their respective web sites. Bank recommends that customers protect their valuable financial information by using the most secure encryption possible. Bank is not liable for losses resulting from the use of 40-bit encryption. If you elect to use the 40-bit browser, this implies your acceptance of this risk.
Computer Equipment and Software
You are solely responsible for the maintenance, installations and operation of your computer and for the software used in accessing Online Banking. 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 Bank be responsible for any computer virus that affects your computer or the software while using Online Banking.
By accessing Online Banking through the World Wide Web, you agree that Bank shall not be liable for any indirect, incidental, or consequential costs, expenses or damages (including lost savings or profit, lost data, business interruption or attorney's fees).
Additionally, you must have an Internet Service Provider and a Browser to utilize Online Banking through the Internet.
To subscribe to Online Banking, you must maintain at least one deposit account with Bank which may include the following types of accounts: checking account, savings account or money market account collectively and individually ("Accounts"). Online Banking will allow you to access more than one account, to view account balance and transaction information, transfer funds among designated accounts, and pay bills from designated accounts.
Bank reserves the right to refuse to open an account or to deny Customer the ability to access Online Banking, to limit access or transactions or to revoke a Customer's access to Online Banking without advance notice to Customer.
Daily Processing Deadlines
Account information displayed through Online Banking is the current information at the time the transaction takes place. Funds transfers between account(s) initiated on your computer using Online Banking, and received by Bank or its agent(s) by 5:00 p.m. EST Monday - Friday will be effective on the current business day. Funds transfers between account(s) initiated on your computer using Online Banking, and received after 5:00 p.m. EST Monday - Friday or all day Saturday, Sunday, and banking holidays will be effective the following business day. Wire transfer requests initiated on your computer using Online Banking, and received by Bank or its agent(s) by 2:00 p.m. EST Monday - Friday will be effective on the current business day. Wire transfer requests initiated on your computer using Online Banking, and received after 2:00 p.m. EST Monday - Friday or all day Saturday, Sunday, and banking holidays will be effective the following business day.
Withdrawal Transaction Limitations
The restrictions on the number of withdrawals from your savings and money market accounts apply to funds transfers between accounts and bills paid from these accounts initiated through Online Banking.
Electronic Bill Pay
The Electronic Bill Pay Service feature of Online Banking is provided through a relationship with CheckFree Corporation (agent) and allows you to make payments from your designated checking account(s). You may not designate accounts that require two signatures.
Checks, drafts, ACH debits, or other items initiated through Online Banking which are drawn against insufficient or unavailable funds in your account, which are not covered by overdraft protection, shall be subject to a penalty as set forth in Bank's current schedule of charges. Bank reserves the right to not pay any check, draft, ACH debit or other item that is drawn against insufficient or unavailable funds.
To ensure payments are received by the payee on or before the date due, your payment authorization must be received by Bank or its agents a minimum of five (5) business days in advance of the due date. If you fail to authorize your payment five (5) business days in advance and the payment is subject to additional fees as a result, Bank will not be responsible. Any bill payments you electronically authorize that are received by Bank or its agents through Online Banking after 5:00 p.m. EST each business day will be considered authorized on the following business day. Any bills paid via paper draft through Online Banking, which must be delivered via U.S. Mail, may be subject to a delay in mailing. This delay may be as long as five (5) business days.
Some electronic bill payments that pay against your account may be in the form of an Automated Clearing House ("ACH debit") paperless item. Other payments may be in the form of a paper draft that reflects the payee, dollar amount, date, check number and account number you indicated. These paper drafts will bear the following information on the signature line: No Signature Required. This check has been authorized by your depositor ("Signature Authorization").
Notwithstanding your signature card with Bank, you agree that all paper drafts carrying the Signature Authorization will be the same as if actually signed by you. You authorize Bank to place the Signature Authorization on any such check issued on your behalf as your authorized signature and accordingly, you authorize Bank to honor all checks for payment of money drawn on your Account when bearing the Signature Authorization.
When entering your payment directive, you select the payee from a list previously entered by you, provided by the software, or you type the payee information yourself. It is your responsibility to select the correct payee or type the correct payee name, address and Account number. Bank will not be responsible if you should select the incorrect payee, provide an incorrect address or Account number from the list provided.
Electronic Funds Transfer Act
Some of the terms set forth below are governed by the Electronic Funds Transfer Act ("EFT Act") which is only applicable to consumers. Commercial Account holders are not entitled to the rights provided under the EFT Act.
Reporting Unauthorized Transactions
If you believe unauthorized transactions are being made from your Account please notify Bank immediately.
Contact the National Bank of Georgia at: 706-355-3122 (Athens Area), 770-535-9012 (Gainesville Area), or write Bank at:
The National Bank of Georgia
P.O. Box 6507
Athens, GA 30604
Bank will mail or deliver to you periodic statements for your Bank accounts as disclosed in your deposit or credit agreements. Bank will include any transfers or bill payments you authorize through Online Banking on your statements.
You agree to review your periodic statement in accordance with this Agreement and any other deposit or credit Agreements governing your account, for accuracy of all data transmitted through the online system. You should promptly notify Bank of any discrepancies, including but not limited to, any errors or inaccuracies related to data transmitted by any online service.
Any monthly fees that may apply for Online Banking will automatically be deducted from your account. You may also be assessed a fee for certain transactions. Refer to the Bank's fee schedule for specific fee information. Fees may be deducted from your account without prior notice to you. Fees are subject to change from time to time at the Bank's discretion.
If you have set up regular bill payments (pre-authorized debits) through Online Banking, you may alter or change the payment order until the payment is processed.
If you are unable to cancel or change the payment, call or write us in time for us to receive the request three business days or more before the payment is scheduled to be made. Call us at 706-549-5860 or e-mail us. If you call, we may require the request be confirmed in writing and received by us within fourteen (14) days after the call. Charges for stop payment orders are shown in the Bank's fee schedule.
If you request that we stop one or more of these pre-authorized debits three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Bank's Business Day
Bank's business days are Monday - Friday. Federal holidays on which our offices are closed are not considered business days.
You may access account information through Online Banking 24 hours a day, seven days a week, except for interruptions due to maintenance or matters beyond Bank's control.
Electronic Fund Transfer Error Resolution
If you believe that any statement or receipt is wrong or you wish to have more information about a transfer listed on a statement or receipt, contact us in writing or by telephone.
Contact The National Bank of Georgia at: 706-355-3122 (Athens Area), 770-535-9012 (Gainesville Area), or write Bank at:
The National Bank of Georgia
P.O. Box 6507
Athens, GA 30604
We must hear from you within sixty (60) days after we send you the FIRST statement on which the problem or error appeared. When you contact us,
- Tell us your name and account number. (Do not tell us your password.)
- Describe the error or the transfer you are unsure about, and explain as clearly as possible why you believe it is an error or why you need more information.
- Tell us the dollar amount and the item reference number of the suspected error.
If you notify us by telephone, we may require that you send us your complaint or question in writing within ten (10) business days. 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 provisionally credit your account.
We will tell you the results of our investigation within ten (10) business days after notice of the problem and will correct any error promptly. If we need more time, however, we may take up to ninety (90) days to investigate complaints or questions concerning foreign-initiated transfers, or up to forty-five (45) days to investigate all other electronic transfers. If we need this extended time to investigate, we will provisionally credit your account within ten (10) business days for the amount you think is in error. You will have the use of the money during the time it takes us to complete the investigation. If we decide no error occurred, we will send you a written explanation within three business days after our investigation is completed. You may ask for copies of the documents we used in our investigation.
You will be responsible for all transfers and electronic bill payments you authorize through Online Banking. You shall also be responsible for all transactions initiated by persons to whom you have given your password.
You must report to Bank immediately if your password has been lost or stolen. Telephoning is the best way of minimizing possible losses. Failure to notify Bank could result in the loss of all money in your account plus your maximum line of credit, if you have one. If you report to Bank within two (2) business days, the loss sustained by you will be no more than $50 if your password is used without your permission.
If you do not report to Bank within two business days after learning of the loss or theft of the password, and Bank can prove that it could have prevented someone from using the password without your permission had it been notified, you could lose as much as $500.
Also, if the statement shows electronic transfers you did not make, report them to Bank at once. If you do not tell Bank within 60 days after the statement was mailed, you may lose all of the money transferred after the 60 days if Bank can prove that it could have prevented the loss had you reported it promptly.
Bank may extend the time periods for a good reason, such as a long trip or hospital stay, which might keep you from notifying the Bank.
Bank shall be responsible for performing services expressly provided for in this Agreement, and shall not be liable for any error or delay so long as Bank has acted in accordance with the terms and conditions hereof. Bank shall not be liable if you do not have sufficient funds in a designated account to complete the transaction you initiate or if the account is closed.
Bank shall not be liable if you have not given Bank complete, correct or current transfer or payment instructions or if you have not followed proper instructions given through Online Banking. Bank shall not be responsible for any loss, damage, liability or claim arising, directly or indirectly from any error, delay or failure in performance of any of its obligations hereunder which is caused by fire or other natural disaster, strike, civil unrest, any inoperability of communications facilities or any other circumstance beyond the control of the Bank.
You agree that, except as expressly state herein, there is no warranty of merchantability, no warranty of fitness for a particular purpose, and no warranty of any kind, express or implied, regarding any aspect of Online Banking.
Bank may disclose information to a third party about your account or the transfers only if you have given us permission to do so, or when it is necessary to complete transfers; verify the existence or status of your account to a third party such as a credit bureau or merchant; or, to comply with a court order or the request of a government agency.
You agree that by using Online Banking to conduct transactions, the information and transfers will be recorded and/or data captured. By using Bank's service you consent to such recording.
If any provision of the Agreement is found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of this Agreement.
This Agreement may be amended at any time by Bank and the revised information will be made available at any Bank office and, in many cases, will be mailed or sent via electronic mail to you. You will be required to abide by these changes in future transactions.
Should any dispute arise between Customer and the Bank relating to the account and if following the good faith negotiation of the dispute, it cannot be resolved; it shall first be submitted to mediation. Mediation shall be conducted at the nearest office of the mediation organization mutually agreed upon by Customer and Bank.
We may waive any term or provision of this Agreement at any time or from time to time, but any such waiver shall not constitute a waiver of the term or provision in the future.
We may assign the rights and delegate the duties under this Agreement to any present or future, directly or indirectly, affiliated company or to any third parties.
Either party may terminate this Agreement by giving sufficient notice to the other party.
Any transaction you have initiated prior to notice of termination will continue to be made until Bank has had a reasonable opportunity to act upon the notice of termination. If Bank terminates your access to Online Banking, Bank reserves the right to immediately stop making transfers or payments from your Account(s), including those you previously authorized.
This Agreement is subject to the provisions of all applicable operating circulars of the Federal Reserve Bank and any other applicable provisions of Federal Law. Except as so provided, this Agreement shall be governed by and interpreted in accordance with the laws of the state of Georgia. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns.