INTERNET
BANKING AGREEMENT AND DISCLOSURE
Introduction
This Internet Banking Agreement and
Disclosure (“the Agreement”) governs your use of the Internet Banking Services
of Atlantic South Bank. By using our Internet Banking Services, you agree to
all of the terms and conditions of this Agreement.
Please read it carefully and keep a
copy for your records.
Definitions
You
or Your - The
person(s) subscribing to or using Internet Banking. We, Us, or Our - Refers to Atlantic
South Bank.
Business
Day - Any calendar
day other than Saturday, Sunday, or any holidays recognized by us. Bill
payments are processed on all business days that both the Federal Reserve Bank
and the U.S. Postal System are operating and open for business.
Business
Day Cut-Off- For posting purposes, the bank
will process all transactions completed by 5:00PM Eastern Time on that business
date. Transactions completed after 5:00PM, including transfers, will be
processed on the following business day.
Privacy
Statement - We
understand how important privacy is to our customers. We have taken steps to
insure your privacy for your personal and financial dealings with us. Our
customer privacy statement can be obtained on our website at www.atlanticsouthbank.com or at any of our banking
locations.
About
Internet Banking
Our Internet Banking consists of an
online banking website that provides a complete array of financial services to
our customers. This website has security features not found on our publicly
accessible website. E-mail sent via the Internet Banking website will be
protected. Requests e-mailed from the Internet Banking website may contain
confidential information.
The Internet Banking system that is
accessible by our customers over the Internet currently consists of:
·
Account
inquiries and balances
·
Up
to 24 months of historical transactions
·
Secure
e-mails
·
Transaction
downloads
·
Accounts
transfers
·
Secure
applications
·
View
detailed transactions
·
Electronic
statements
·
Online
check images
·
Payments
to our loan accounts
·
E-Alerts
·
Recurring
or automatic transfers
For customers who select Bill
Payment, these additional functions are available:
·
One-time
payments
·
Occasional
payments
·
Recurring
payments
For customers who select Commercial
Cash Management, these additional functions are available:
·
Initiate
Automated Clearing House (ACH) debits and credits
·
Initiate
wire transfers
Enrollment
Process
The Internet banking service
requires that you complete the initial application process providing the
information needed to enable the service. We will verify the information you
submitted for accuracy and authorizations. We will notify you of the approval
status or of account activation by e-mail, in person, or by phone. Upon initial
log-on to the Internet banking service, you will be required to complete a
security process on each computer you use to log-on to internet banking.
Additional security measures are required for Cash Management customers. It is
important that you keep us informed of your current e-mail address. You may
update your e-mail address on record with us by choosing the “Personal
Information” menu item under the “Other” tab in Internet Banking.
Electronic
Delivery of Disclosures
By accepting the terms of this
Internet Banking Agreement and Disclosure, you certify that you are able and
willing to accept disclosures and/or documents electronically, as follows.
We may offer periodic statements
and certain other disclosures or documents in electronic format to our online
banking customers. Other disclosures that we may send you in the future
includes but is not limited to: deposit account disclosures (such as this
Internet Banking Agreement), changes in account terms and fees, and privacy
notices. We may also send you email correspondence or electronic messages on
the Internet banking Web site regarding resolution of problems in your account.
We may provide periodic statements and other disclosures in e-mail attachments
or we may send you an e-mail that tells you where these disclosures can be
viewed on our website.
You have a right to receive any of
our disclosures and records in paper format. You may also withdraw consent to
electronic delivery at any time. Additional fees may apply and certain products
and services may be limited.
Please refer to the description of
our deposit accounts and service charges to determine which fees may apply. If you
have any questions, about products available, fees and service charges, please
contact us at 1-888-555-5555.
To requests disclosures and records
in paper format or to withdraw consent to electronic delivery you can:
1. Call us at 478-272-6262 or
478-272-3082 for Dublin, and 912-568-7191 for Alamo
2. Inform us in person at any of
our banking locations; or
3. Send us a letter via U.S. mail
to:
Internet Banking Department
Atlantic South Bank
P.O. Box 1267
Dublin, Ga. 31040
Be sure to identify yourself and
your accounts that you want withdrawn from electronic delivery authorization.
Prior to acceptance of electronic
delivery of disclosures and/or documents, you should verify that you have the
required hardware and software to access and retain them. You will need a:
1. Computer with an Internet
browser that’s Secure Socket Layer (SSL) compliant
2. Printer or storage medium for
retention of the disclosures and/or documents, such as a hard drive. Retention
may be electronic so long as the electronic record accurately reflects the
information set forth in the disclosures and/or documents.
If we revise hardware and software
requirements to access and retain electronic disclosures, we will notify you of
these changes and provide you a notice of your right to withdraw consent to
electronic disclosure without the imposition of any fees.
Virus Protection
We are not responsible for any
computer virus, problems or malfunctions resulting from a computer virus, or
related problems that may be associated with the use of an online system. We
recommend that you routinely update your virus software, apply all security
patches for your operating system and install a firewall on your PC. We are not
responsible for any errors or failures resulting from defects or malfunctions
of the financial software. WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO
YOU REGARDING YOUR PC OR RELATED EQUIPMENT, OR YOUR INTERNET SERVICE PROVIDER
OR ITS EQUIPMENT, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OR MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
Log-On Security
Security is very important to the
Internet Banking system. At the time you request the service, we will select a
unique "User ID" and then choose a "Password" that will be
used to gain access to the system. Prior to activation, we will verify your identity
and authorization to information associated with the account(s) that you
requested tied to the service. Before gaining access to any account
information, each individual is authenticated by their User ID and Password,
authentication phrase, and a series of questions and answers selected by you.
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 15 minutes. This is to protect you in case you
accidentally leave your computer unattended after you logged on.
Because your Password is used to
access your accounts, you should treat it as you would any other sensitive
personal data.
You should carefully select a
Password that is hard to guess. We suggest that you do not choose passwords
that are easily identifiable with you such as a child’s name or a pet’s name.
Keep your Password safe. Memorize your Password and never tell it to anyone.
You may consider changing your Password occasionally, such as every 90 days.
Passwords will expire every 180 days. You may change your password at any time
under the menu item “Options.”
User ID, Password and Security
Device Safeguards
You agree to exercise reasonable
care to safeguard your User ID, Password and Security Device if applicable. It
is your responsibility. Reasonable care includes, but is not limited to: not
storing or writing any of this information with or on your computer, (do not
write your Password down in your purse, wallet or in a computer file), and not
allowing other individuals to conduct transactions using your User ID, Password
or Security Device. If this happens, you should request a new one to prevent
unauthorized use. We will not be liable for any losses resulting from you
permitting other persons to use your Username, Password or Security Device to
access the system.
Accounts
You may request to access any
account on which you are a signer or owner. If you desire services that allow
you to initiate payments or transfers from the account, you will need the
required withdrawal authority over the account to be able to complete the
transaction. By using the service, you agree to maintain one or more accounts
with us and to keep sufficient balances in any account to cover any transaction
and fees that are ultimately approved by or related to the system.
If the accounts added to the
service are jointly held or have multiple signers, you agree that access to the
information and all transactions initiated by the use of your User ID and
Password are authorized unless we have been notified to cancel the service.
Each joint account holder should have their own unique user ID and Password.
If your account has multiple
parties who have the authority to withdraw funds, and you remove any of them
from your account, you should notify the Internet Banking department at once to
terminate that person’s authority from Internet Banking. You may contact us in
person at any of our banking locations, by calling 478-272-6262 or 478-272-3082
for Dublin, and 912-568-7191 for Alamo or by U.S. Mail at P.O. Box 1267, Dublin,
Ga. 31040.
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 without requiring your signature on the item.
Fees for the Internet Banking
Service
The Internet Banking and Bill Pay
Service is available to our customers at no monthly charge.
Cancellation of Internet Banking
Your Internet Banking may be
canceled at any time by us, in whole or part, without prior notice due to
insufficient funds in one of your accounts or other circumstances that may
create an unanticipated liability to us. You will remain responsible for all transactions
approved by the system prior to the cancellation, and for any other fees
associated with the service. After cancellation, service may be reinstated once
sufficient funds are available in your accounts to cover any fees and other pending
transfers or debits. In order to reinstate services, you must call our Internet
Banking department listed below in the Errors and Questions section.
Balance Inquiries, Bill Payments
and Transfers Limitations
You may use Internet Banking to
check the balance of your accounts, to transfer funds among your accounts and
to view check images. Money Market Accounts and Savings Accounts are subject to
Federal Reserve Regulation D, which permits no more than six debits or
transfers per statement cycle to another account of yours with us or to a third
party. These transfers may be by means of preauthorized or automatic transfer
or telephonic agreement, but no more than three of the six may be by check
(applicable only to Money Market Accounts), ATM/debit card or draft payable to
a third parties. Transactions not within these limitations may result in the
closure of your account. Additionally, you may visit the bank to withdraw
funds, have us mail you a check payable to you or withdraw money with your ATM
card. These are not third party transactions and are not limited; however,
normal transaction fees will apply. There are no limits to the number of
transfers or bill payments from your Checking Account(s).
Balances shown in your accounts may
include deposits subject to verification by us. The balance may also differ
from your records due to deposits in progress, outstanding checks or other
withdrawals, payments or charges. A transfer request may not result in
immediate availability because of the time required to process the request. If
you have further questions, contact our Internet Banking department.
Bill Payment Service
It is easy to pay bills online.
Simply set up your Payees by choosing from the database of vendors (Payees)
that already exist, or by entering necessary information to schedule a payment.
We are able to process payments to payees that have a U.S. Postal address.
Payments to payees outside of the United States or its territories are
prohibited. Due to liability issues, we will not accept payments to federal,
state or local tax agencies. Otherwise, there is no limit to whom you pay or
how many payees you may establish. We maintain a large vendor database of
regional or national billers to make this process quicker and easier. The Bill
Payment service will also allow you to see a history of all the payments made
from your accounts.
Your enrollment in the Bill Payment
service constitutes your agreement for Atlantic South Bank’s third-party
provider to initiate ACH debits to your accounts and/or to draw paper drafts
against your accounts.
Limitation on Dollar Amounts
Subject to available balances, Bill
Payments can be made for any amount from $1.00 to $3,999.99. The daily limit is
$5,000.00 for all transactions processed on one business day.
The Bill Paying Process
Atlantic South Bank will process
variable payments (non-recurring payments) on the business day (generally
Monday through Friday, except holidays) you designate the bill is to be
processed, provided the payment request is received prior to the cut-off time
set by Atlantic South Bank, which is currently 5:00 p.m. Eastern Standard Time.
Variable bill requests received after the business day cut off time, or at any
time on a non-business day, will be processed on the next business day. Atlantic
South Bank reserves its right to change the cut-off time by giving you notice
as outlined in the Amendment and Termination section shown below.
YOU MUST ALLOW AT LEAST SIX (6)
BUSINESS DAYS FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE
MERCHANT. (IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE
RECURRING PAYMENTS)
You agree to have available and
collected funds on deposit in the account you designate in amounts sufficient
to pay for all Bill Payments requested, as well as any other payment
obligations you have to the Financial Institution. Atlantic South Bank reserves
the right, without liability, to reject or reverse a Bill Payment if you fail
to comply with this requirement or any other terms of this Agreement.
If you do not have sufficient funds
in the Account and the Financial Institution has not exercised its right to
reverse or reject a Bill Payment, you agree to pay for such payment obligations
on demand. You further agree Atlantic South Bank, at its option, may charge any
of your accounts with us to cover such payment obligations. Electronic Funds
Transfer Act (EFTA) does not apply to paper check transactions that are
processed through Bill Pay. EFTA only applies to electronic transactions.
Commercial Cash Management
In addition to the online banking
features listed above, corporate customers can use our online Commercial Cash
Management service to initiate and upload ACH debits and credits and initiate
wire transfers. A separate Automated Clearing House (ACH) agreement, wire agreement
and enrollment form are required. At the time of enrollment you will be issued
a separate security device in order to access the Cash Management service.
Our Liability for Failure to Make
Transfers
It is our responsibility to process
all transfers and bill payments properly initiated through the Internet Banking
system in accordance with this Agreement. 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 and damages. However, neither we
nor the Service Provider will be liable if:
1. Funds are not showing on the
system’s available balance in your account that is to pay for the bill or
transfer at the time of transaction.
2. Funds are subject to legal
process or other encumbrances restricting the payment or transfer.
3. You had knowledge of or
questions about the possible malfunction of the system when you initiated the
transaction.
4. Any information provided by you
about the Payee is incorrect.
5. There are any delays in the
handling of the payment by the Payees.
6. Natural disasters (fire, flood,
tornado, etc.) or other uncontrollable circumstances (mail delays, power
failures, etc.) prevent proper completion and delivery of transactions.
7. Other applicable laws and/or
regulations exempt us from liability.
8. 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 Internet Banking or our
service providers.
9. It can be shown that the delay
was caused by unusual mailing delays by the U.S. Post Office.
Notice of Your Rights and
Liabilities
Tell us AT ONCE if you believe your
User ID or Password have been compromised, lost, stolen or used without your authorization.
You could lose all the money in your Account (plus your maximum overdraft line
of credit). Telephoning us at the number listed in the Error and Questions
Section is the best way of limiting your possible loss.
If you tell us within two business
days, you can lose no more than $50 if someone used your User ID or Password
without your permission. If you do NOT tell us within two business days after
you learn of the loss, theft or compromise of your User ID or Password and we
can prove we could have stopped someone from using it without your permission
if you had told us, you could lose as much as $500. Also, tell us AT ONCE if
your statement shows transfers that you did not make or authorize. If you do
not tell us within 60 days after that 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 hospital stay, kept you from telling us, we
will extend the time periods.
If you believe that someone has
transferred or may transfer money from your account without permission, call or
write us at the telephone number or address listed in this disclosure.
Errors and Questions
In cases of errors or questions
concerning transactions completed with Internet Banking (including Bill Pay),
do one of the following, as soon as possible:
1. Telephone our Internet Banking
Department at 478-272-6262 or 478-272-3082 (Dublin) or 912-568-7191 (Alamo); or
2. Write to Internet Banking
Department; P O Box 1267, Dublin, Ga. 31040.
In cases of errors or questions
concerning transactions other than those above, do one of the following, as
soon as possible:
4. Telephone Customer Service at 478-272-6262
or 478-272-3082 (Dublin) or 912-568-7191 (Alamo); or
5. Write to Customer Service, P.O.
Box 1267, Dublin, Ga. 31040.
We must hear from you within 60
days after we sent you the first statement or notification in which the error
or problem appeared. Please include the following information:
1. Name
2. Account Number and User Access
ID
3. Description of the error or what
you are unsure about, plus an explanation of why you believe it is an error or
why you need more information. Please include any reference numbers or
descriptive language shown on the statement or receipt that will help us
identify the transaction.
4. Tell us the amount of the
suspected error.
5. For a Bill Payer error tell us:
o Account number used to pay the
bill
o Payee name
o Date the payment was sent
o Confirmation number
o Payment amount
o Payee account number for the
payment in question
We will determine whether an error
occurred within 10 business days after we hear from you and will correct any
error promptly. We may take up to 20 business days if the transfer involved a
new account. (An account is considered new for 30 days after the first deposit
is made, if you are a new customer.) If we need more time, however, we may take
up to 45 days (90 days if the transfer was not initiated within a state or
involved a new account) 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 you 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.
We will notify you of the results
of our investigation within 3 business days after it is finished. If we believe
there was no error, we will notify you in writing. You may ask for copies of
the documents that we used in our investigation. You will be liable to us for
any amounts credited pending our investigation.
Disclosure of Account Information
to Third Parties
Information to third parties about
your account(s) or the transaction(s) you make will only be disclosed if at
least one of the following applies:
1. It is necessary to complete a
transaction.
2. To verify the existence and
condition of your account to a third party such as a credit bureau or merchant.
3. To comply with a governmental
agency or court order.
4. If permission is given to us by
you, which we may require to be in writing.
5. Where otherwise required or
permitted under state or federal laws and/or regulations.
Termination
You may terminate the use of
Internet Banking by contacting us in writing by mail, e-mail sent through the
Internet Banking website, or personal delivery to us. If your account is closed
or restricted for any reason, Internet Banking accessibility will automatically
terminate.
Governing Law
THIS AGREEMENT SHALL BE GOVERNED BY
THE LAWS OF THE UNITED STATES AND BY THE INTERNAL LAWS (BUT NOT THE LAW OF
CONFLICTS) OF THE STATE OF TEXAS TO THE EXTENT APPLICABLE AND BY REGULATIONS OF
ANY GOVERNMENTAL AGENCY HAVING JURISDICTION OVER US.
A determination that any provision
of this Agreement is unenforceable or invalid shall not render any other
provision of this Agreement unenforceable or invalid.
Amendments
Unless applicable law requires
otherwise, this Agreement may be amended by us at any time by notice mailed to
you at your last address known to us, or via electronic mail to your last
e-mail address known to us, to be effective not less than 30 days after the
date mailed. If you do not want to be bound by the amendment, you have the
right to terminate the Account before the effective date of the amendment.
Either you or we may terminate this Agreement at any time without notice to the
other.
This Agreement will continue to
govern matters relating to your Account whether such matters arise before or
after termination.
Conflict with Clearing House
Association Rules
If the terms of the Agreement
conflict with the rules or operating guidelines of any clearing house
association of which we are a member, the rules and operating guidelines of
such clearing house association shall govern for all purposes.
Entire Agreement
This Agreement supplements any
other agreements or disclosures related to your account(s).
In the event of a dispute regarding
your Account, we will try to resolve this disagreement with you by looking to
this Agreement. If there is a conflict between what one of our employees says
and the terms of this Agreement, the terms of this Agreement will control. In
the event of any disagreement hereunder or if conflicting demands or notices
are made upon us relating to this Agreement, we may, at our discretion, refuse
to comply with any claims or demands, or refuse to take any other action
hereunder with regard to the subject matter of dispute so long as such dispute
continues, and we may, at our discretion, pay the balance of the Account into
the Registry of the Court for a judicial determination, and the parties with
conflicting claims agree to pay our court costs and attorney's fees and, in any
such event, we shall not become liable to any person for failure or refusal to
act or for the dishonor or refusal of any items presented for payment. For the
purposes of this paragraph, this Agreement shall include any written agreement
between you and us relating to electronic funds transfer, to the extent such agreement
relates to an Account subject to this Agreement.
Your use of Internet Banking is
considered your acceptance of these terms and conditions.
For Business Accounts:
Additional services we offer to help
Businesses prevent or detect fraud timely include:
•
Positive
Pay
•
ACH
Posting Restrictions
•
Online
Banking for Daily Account Monitoring
*Notify the bank immediately if unauthorized
transactions are identified. Banks must identify and timely return certain
fraudulent transactions to the other bank by the next business day or else lose
charge back rights.
Protecting Your Business Account and Your
Information.
There is a growing risk of monetary losses resulting
from fraud, including unauthorized items.
To help prevent fraud on your account, you should take
reasonable steps to ensure the integrity of your account and items drawn on
your account and deposited to it. We recommend you take the following
preventive measures (not an exhaustive list):
•
Don’t
provide your account numbers to unknown persons and businesses. Fraudsters use
this information to initiate fraudulent transactions. Examples of
fraudulent transactions could be the creation of counterfeit checks, electronic
withdrawals, etc.
•
Consider
having a separate account with a low balance for receiving wire transfers. As
soon as wired funds are received, transfer the funds to one of your other
accounts. This would prevent fraudsters from obtaining and compromising your
main operating accounts.
•
Only
write checks to people and businesses you know or trust. Avoid mailing checks
when possible.
•
Be
cautious depositing checks from anyone you don’t know. If a deposited check
winds up being bad, it will be charged back to your account. You are
responsible to the bank for the full amount of any check you deposit. For
example, if a check chargeback results in your account being overdrawn, you are
responsible for bringing your account back to a positive balance.
•
Write
your checks in a manner to prevent others from adding words, numbers, or making
other changes without your authorization.
•
Protect
your checks from unauthorized use and theft by always securing your supply of
checks (for example, never leave checks in an unlocked vehicle, or out in a
visible location unattended), using tamper resistant checks, destroying checks
you don’t intend to use, and do not sign blank checks. Check-related fraud is
common. If you fail to take any of these preventive measures, we are not
responsible for any losses that you may incur.
•
Payables
Checking Accounts are very susceptible to fraud. Therefore, it’s recommended
Payables Accounts should only have the funds needed to cover checks and
payments you have issued. Also, consider using the bank’s Positive Pay
service to catch fraudulent checks. Positive Pay automatically verifies checks
clearing your account against your check register.
•
Consider
implementing ACH Posting Restrictions. We can block all ACH debits to your
account.
•
Consider
placing excess funds in a Reserve Account. Instruct the bank to block all
ACH debits and block all checks on the reserve account and never order
checks on the Reserve Account. Simply use Online Banking to transfer funds from
the Reserve Account to Payables Account as needed at the same bank.
•
Use
the bank’s Online Banking to review all account transactions posting that
morning by 10am each day. Notify the bank immediately if unauthorized
transactions are found. Banks must identify and return certain fraudulent
transactions to the other bank by the next business day or lose charge back
rights.
•
Reconcile
your account statements promptly and notify us of any problem. Promptly notify
us if you do not receive your expected statements.
Additional steps business customers should
take to help reduce the risk of fraud on their accounts:
•
You
are responsible for your employee’s actions.
•
Internal
Controls and Oversight: You are responsible for securing your account and
implementing dual and internal controls however you see fit to secure your
business operations to prevent internal and external fraud.
•
Notify
us immediately when an authorized signer’s authority ends so their name can be
removed from account access.
•
Obtain
insurance coverage for bank account fraud risks. For instance, consider a
Forgery and Alteration Business Insurance Policy or Cybersecurity Insurance.
•
Train
your employees on Email Phishing Scams and other Cyber Risks.
Consequences if a business customer does
not implement best business practices or fraud prevention services:
You are responsible for all losses that could have
been prevented or mitigated by correct use of the recommended services or best
practices.
If you decline to use the services offered, or you
fail to implement them, or you fail to follow the procedures necessary for
proper use of these products or services, or you fail to follow other
precautions reasonable for your particular circumstances, you are precluded
from asserting any claims against us for paying any unauthorized, altered,
counterfeit, or other fraudulent item that such product, service, or precaution
was designed to detect or deter, and we will not be required to re-credit your
account or otherwise have any liability for paying such items.