Online Banking Agreement and Disclosure
This Agreement describes your rights and obligations as a user of the Online Banking service or the Bill Payment services ("Services"). It also describes the rights and obligations of Northwest Georgia Bank ('Bank"). Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.
Definitions
The following definitions apply in this Agreement. "Online Banking" is the Internet-based Service providing access to your Bank account(s); "Online Account" means the Bank account from which you will be conducting transactions using a service; and Password is the customer-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service. "Time of day" references are to Eastern Standard Time or Eastern Daylight Time, as applicable. "We", "us", or "Bank" refer to Northwest Georgia Bank which offers the Services and which holds the accounts accessed by the Services.
1. Banking Transactions with Online Banking
You may select several different accounts such as checking, savings, money market, certificates of deposit or loan accounts. When you access an account, you may obtain an account balance and summary information, available funds information, cleared transactions, even ATM transactions, for the current statement period. In addition to viewing account information, you may use Online Banking to conduct the transfer of funds. You may make one-time transfers, schedule future or recurring transfers such as transfers to make loan payments. You may transfer funds from your checking accounts, savings accounts and money market accounts. NOTE: Because regulations require the Bank to limit preauthorized transfers (including Online Banking transfers) from savings and money market accounts, the following limitations apply: You can make no more than six transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking and no more than three of these may be by check, draft or debit card. Please note: If there are not sufficient funds in the account, we cannot complete this transfer. However, future recurring transfers will not be impacted.
New services may be introduced for Online Banking from time to time. The Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
2. Bill Payment Service
The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated online Bill Payment Account(s) to third parties you wish to pay. Through the Bill Payment Service, you can pay bills to businesses or individuals.
All payments you make will be deducted from the checking account(s) that you designate for the Bill Payment Service. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
When submitting a Bill Payment request, you will enter the date you want the payment Delivered By. The Bill Payment may be received up to five business days prior to the Deliver By date, thus you must ensure you have funds in your account to cover the Bill Payment. If you do not have adequate funds, you will be fully responsible for all late fees, finance charges or other actions taken by the payee.
If the payee does not receive the payment by the Deliver By date, then the Bank will work with the payee on your behalf to have any late fees or charges reversed or refunded.
After submitting a Bill Payment request, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.
The Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Bank will not be liable in any way for damages you incur if:
You do not have sufficient funds in your Bill Payment Account to make the payment on the processing date.
For changes to the payee's address or account number unless you have advised us of the change sufficiently in advance.
For the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of the Bank.
The way to cancel or change a payment is to use the Online Service. Payments must be changed or canceled using the Online Service prior to 4:00 p.m. on the business day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. Stop payment orders whether oral, written, or electronic, will be in effect for a period of six months. If requested by the Bank, you will confirm any stop payment order in writing. After six months, any stop payment will terminate and must be renewed in order to continue in effect. The Bank may pay any item that is presented following the lapse of any stop payment order.
3. Fee Schedule
There is no monthly Bill Pay fee for Business or Personal Online Banking. We reserve the right to impose additional fees upon notice to you.
BILL PAYMENT EXCEPTION FEES: NSF $29
4. If your statement(s) shows transfers that you did not make, notify the Bank immediately by calling (706) 965-3000, 9:00 a.m. to 4:00 p.m. (Eastern Time), Monday through Friday, or writing the Northwest Georgia Bank, Attn: Deposit Services, P.O. Box 789, Ringgold, GA 30736.
If you do not notify the Bank within 60 days after the statement was mailed to you, you may not recover any money lost after the 60 days which would not have been lost if the Bank had been notified in time. If a good reason (such as a long trip or hospital stay) delayed you from contacting the Bank, the Bank may extend the time periods.
5. Hours of Operation
The Services are available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, the Bank's business days are Monday through Friday, excluding holidays and weekends. All Online Banking transaction requests received after 4:00 p.m. on business days and all transactions, which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day. The Bank's business day begins at 9:00 a.m.
6. Your Responsibility
In case of errors or questions regarding an Online Banking or Bill Payment transaction, call (706) 965-3000 or write us at Northwest Georgia Bank, Attn: Deposit Services, PO Box 789, Ringgold, GA 30736.
We must hear from you at the telephone number or address, listed above, no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:
Your name and account number.
A description of the error or the transfer in question and an explanation concerning, why you believe it is an error or need more information.
The dollar amount of the suspected error and date on which it occurred.
If the report is made orally, we will require that you send the complaint or question in writing within 20 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed.
If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45).
If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.
7. Our Responsibility
If we do not properly 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 the amount of any losses or damages incurred by you and resulting directly from such failure. We will not be liable in the following instances:
If through no fault of the Bank, you do not have enough money in your account to make the transfer.
If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
If your funds are subject to legal process or other encumbrance restricting the transfer.
If your transfer authorization terminates by operation of law.
If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately.
If you have not properly followed the instructions on how to make a transfer included in this Agreement.
If we have received incomplete or inaccurate information from you or a third party involving the account or transfer or if we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
There may be other Exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.
If any of the circumstances listed in subparagraph b. or h. above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
8. Disclosure of Information to Third Parties
We will disclose information to third parties about your account or transfers you make:
Where it is necessary for completing transfers. Or,
In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant. Or,
In order to comply with government or court orders, or other reporting requirements. Or,
If you give us your written permission.
Information: Questions about the agreement and disclosure statement information should be directed to: Personal Online Banking, (706) 965-3000. If you desire you may obtain an additional copy of the Terms and Conditions by visiting any Northwest Georgia Bank or telephoning us at (706) 965-3000.
