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This is the agreement for your ebank Online
Banking Services and it includes certain disclosures for
electronic fund transfers. This agreement is in addition
to other agreements between us, including your checking,
savings, and other deposit account agreements (which we provided
in the brochure entitled Depositor Agreement), as well as
your credit card agreements, your overdraft protection, line
of credit, and loan agreements. If there is a conflict between
the terms and conditions of this agreement and one contained
in the other agreements between us, this agreement will control.
In this agreement, the words “Bank,” “we,” “us” or “our” mean
ebank and its successors or assigns. When we use the words, “you” or “your” we
mean each person who has an interest in an account or other
relationship which is accessible through the ebank Online Banking
Services and any person authorized such access. ebank Online
Banking Services (Services) means the information, communications
and transactions provided to you by us through any non-branch
remote channel, including the ebank web site, sitename (Site),
within our Area of Service, including, but not limited to,
the following: Account Information, Funds Transfers and Bill
Payments, stop payments, statement/transaction inquiries and
downloads, and check order(s) for account(s) established at
a branch or at an affiliate of the Bank. When you use our Services
or you permit any other person to use our Services, you agree
to the terms and conditions we have set out in this agreement
and any instructional material which we provide you regarding
the Services. Your use of the Services may be made by use of
certain numbers, codes, marks, signs, public keys or other
means of establishing your identity and acceptance of the electronic
communications which are acceptable to the Bank. All electronic
communications that meet these requirements will be deemed
to be valid and authentic and you intend and agree that those
electronic communications will be given the same legal effect
as written and signed paper communications. You agree that
electronic copies of communications are valid and you will
not contest the validity of the originals or copies, absent
proof of altered data or tampering.
VIRUS PROTECTION: ebank is not responsible
for any electronic virus or viruses that your computer may
encounter at our site. We suggest that you routinely scan your
PC and diskettes using a reliable virus product to detect and
remove any viruses found. An undetected or unrepaired virus
may corrupt and destroy your programs, files and even your
hardware. Additionally, you may unintentionally transmit a
virus to other computers.
SERVICE CHARGE AND FEES: Please be
aware that certain activities performed through the use of
this site may cause charges to be assessed against your account(s).
Please refer to our Schedule of Fees and Charges to for further
information about which activities incur charges. All charges
assessed will be reflected on the statement that will be prepared
and mailed to you.
SECURITY: ebank is committed to the
security of our customers' account information. ebank has used
state of the art technology in the development of this site
to facilitate this security. ebank requires customers to enter
a User Name and a Password to access the Online Banking pages
in addition to using a secure Internet browser. Customer Access
Number may only be obtained by customers who have existing
accounts. If you do not currently bank with ebank and would
like to open an account or learn more about other products
and services, please visit our home page. We urge you to observe
the following guidelines to protect against fraud:
- Do not give out your account information, User Name or
Password.
- Never leave your account information out in an open area
(including your PC screen) where it could be accessible to
others.
- Never send privileged account information (account number,
Password, etc.) via any public or general E-mail system.
- Never leave your PC unattended while you are within the
ebank.com Online Banking site.
In order to maintain secure communications and reduce fraud,
you agree to protect the security of your numbers, codes, marks,
signs, public keys or other means of identification. We reserve
the right to block access to the Services to maintain or restore
security to our Site and systems; if we reasonably believe
your access codes have been or may be obtained or are being
used or may be used by an unauthorized person(s).
E-MAIL: E-mail transmissions, outside
of the mail you create within the Online Banking site, are
not secure. We therefore request that you do not send us or
request any sensitive information such as account numbers,
Password, financial information, etc. via any general or public
E-mail system. If you wish to contact us electronically, please
use the mail facility forms provided in our Online Banking
site.
- Use this secure form for email for the following types
of inquiries:
- Electronic Funds Transfer Error Resolution
- Reporting Unauthorized Transactions
- Contacting us about other concerns of a confidential nature.
Under NO circumstances will an ebank employee
request your Password via the Internet or any other type of
contact. Do NOT respond to such a request
even if the individual claims to represent ebank or any of
its subsidiaries.
EQUIPMENT AND SOFTWARE. The following device
(Equipment) is required to access the Services:
Personal computer and modem If you access the Services by
use of a personal computer, you agree: (1) to use Internet
Services Provider software products (Software); (2) the Software,
and any future upgrades, must be loaded and operational on
your personal computer and you must use a modem to access the
Services through the designated interface Equipment and Software;
and (3) as this service becomes available, to receive account
information by electronic transmission of a visual display
of the text. You may request a paper copy of electronic notices
required by federal regulations within 60 days of the availability
of the electronic disclosure. Contact customer service for
available user guides for the Software. Any other software
used by you in the future to access our system, if supported
by us, will be provided and maintained by you at your expense.
ACCOUNT ACCESS: To have
access to the Services you must be an authorized user of
the Software you select, if required for use with the Equipment.
You must also have at least one eligible deposit or credit
account with us. If you have more than one account or other
relationship with us, we will "link" the relationships together unless
you request certain accounts not be linked. Accounts which
are “linked” under the Services will have one common
owner and signer. Any signer, acting alone, must be authorized
to access a linked account. Any non-linked account will not
be accessible through the Service. An account that requires
two or more signatures to make withdrawals may not be designated
as a Eligible account.
Eligible accounts are the following ebank personal or business
account types that you may request access to through the Available
Services:
- Checking
- Saving
- Time Deposit
- Installment Loan
- Commercial Loan
- Mortgage Loan
- Student Loan
- Line of Credit
ACCESS CODES: During your use of the Services,
you are required to enter:
- a Password and
- a User Name.
Additional numbers and words may be required depending on
the Equipment and software used. Use of these Access Codes
is the agreed security procedure to access the Services through
any of the Equipment. You agree to keep these numbers and codes
confidential to prevent unauthorized access to your accounts
and to prevent unauthorized use of the Services. For security
purposes we recommend that you do not use the same Access Codes
you use on other bank products.
AVAILABLE SERVICES: Depending upon the particular
features and the Equipment you select, you may be allowed access
to the following Services by first entering your Access Codes:
(a) Account Information. You may obtain an
account balance and summary information, uncollected funds
information, cleared transactions detail for at least the current
statement period.
(b) Internal Transfers and Payments. You
may request to transfer funds to and from certain ebank account(s).
Transfer of funds between your ebank.com account(s) may be
limited to a per transaction monetary limit. Certain transfers
will occur automatically. Other transfer requests, known as
Advance Requests, are performed by Bank personnel upon proper
verification.
REPORTING UNAUTHORIZED TRANSACTIONS: If you
believe that an unauthorized transaction has been or may be
conducted from your deposit account without your permission,
call: 770-863-9225 or 888-278-9898 toll free, or fax us at
770-863-9228.
PERIODIC STATEMENT: You will be mailed periodic
statements for your Eligible account(s) with the regularity
provided for in the Depositor, credit card, overdraft protection
or line of credit agreements. In addition to reflecting your
other account activity, your statements will include any transfers
you authorize using the Services.
BUSINESS DAYS AND HOURS OF OPERATION: Our
business days are Monday through Friday except Federal bank
holidays. An agent will be available to assist you between
the hours of 9:00 am to 4:00 pm ET Monday through Thursday
and 9:00 am to 5:00 pm ET on Friday. Although advance requests,
wire transfers, and check orders transactions can be processed
only on business days, you can use your equipment to reach
us 24 hours a day, seven days a week, except during any special
maintenance periods.
YOUR RESPONSIBILITY: You are responsible
for all transfers you authorize using the Services. If you
permit other persons to use the Services or your Access Codes,
you are responsible for any transactions they authorize from
your linked deposit accounts. You should notify us immediately
at 770-863-9225 or 888-278-9898 toll free if you believe any
of your accounts have been accessed or your Access Codes have
been taken or used without your permission. Telephoning us
right away will help you reduce possible losses. To the extent
a transaction is an electronic fund transfer, you can lose
no more than $50 if you notify us within two business days
of discovering any unauthorized use of the Services or your
Access Codes. However, you can lose as much as $500 if you
do not notify us within two business days of discovering the
unauthorized use, and we can prove that we could have prevented
the unauthorized use had we been notified.
Further, if you do not report unauthorized transactions that
appear on any of your periodic statements within 60 days and
after such statements are mailed or electronically transmitted
to you, you risk unlimited losses on transactions made after
the 60 day period if we can prove that we could have prevented
the unauthorized use had we been notified within this 60 day
period.
If a good reason (e.g. a long trip or a hospital stay) kept
you from letting us know, we will consider extending the time
periods.
OUR RESPONSIBILITY: We, or a third party
acting as our agent, are responsible for completing fund transfers
on time according to your properly entered and transmitted
instructions. However, neither we nor the Service Provider
will be liable:
- If you do not have adequate money in a deposit account
to complete a transaction from the account, or if that account
has been closed.
- If you have not properly followed Software or service instructions
on how to make a transfer;
- If you have not given complete, correct and current instructions
so that a transfer can be made;
- If withdrawals from any Eligible accounts have been prohibited
by a court order such as a garnishment or other legal process;
- If we or our agent reasonably believe that a transaction
may be unauthorized and based thereon the transaction is
not completed;
- If your Equipment and/or the Software were not working
properly and this problem should have been apparent to you
when you attempted to authorize a transfer or bill payment;
- If circumstances beyond our or our agent's control prevent
making a transfer or payment, despite reasonable precautions
that we have taken. Such circumstances include but are not
limited to computer failure, telecommunication outages, postal
strikes and other labor unrest, delays caused by fires, floods,
and other natural disasters.
There may be other exceptions to our liability as stated in
your Depositor Agreement.
ELECTRONIC FUND TRANSFER ERROR RESOLUTION: In
case of errors or questions about any bill payment service
transaction or other electronic transfer initiated from your
deposit account(s) under the Services, contact us immediately.
Telephone us at:
770-863-9225 or 888-278-9898 (toll free), or fax us at: 770-863-9228
If you think your statement is wrong or if you need more information
about a transaction listed on the statement, we must hear from
you no later than 60 days after we send or deliver to you the
FIRST statement on which the problem or error appeared.
To report an error you must provide us with the following
information:
- Tell us your name and account number(s).
- Describe the suspected error or the nature of the problem,
or describe what information you need.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your
complaint or question in writing within 10 business days. We
will tell you the results of our investigation within 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, in which case, we will
re-credit your account within 10 business days 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 do not receive it within 10 business days, we may not recredit
your account during the investigation.
If we decide that there was no error, we will send you a written
explanation within 3 business days after we finish our investigation.
You may ask for copies of the documents that we used in our
investigation.
LIABILITY FOR LOSS OR ERRONEOUS DATA: You
or the Bank will bear the liability or the risk of any error
or loss of data, information, transactions or other losses
which may be due to the failure of their respective computer
system or third party communications provider on which you
or the Bank may rely. We shall have no liability to you for
any damage or other loss, direct or consequential, which you
may incur by reason of your use of your computer system.
CHANGES/INTERRUPTIONS IN SERVICES: We may
on a regular basis perform maintenance on our equipment or
system which may result in interrupted service or errors in
the Service. We also may need to change the scope of our Services
from time to time. We will attempt to provide prior notice
of such interruptions and changes but cannot guarantee that
such notice will be provided. If access to the Services is
interrupted or unavailable through use of your personal computer
and modem, you may use your touch tone telephone to obtain
access.
PERFORMANCE OF SOFTWARE AND ELECTRONIC SERVICE: In
no event will we or our officers, directors employees or agents
be liable to you for any consequential, incidental or indirect
damages arising out the use, misuse or inability to use the
Services, or for any loss of any data, even if we have been
informed of the possibility of such damages. WE MAKE
NO WARRANTY TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR
PURPOSE.
PRIVACY: You agree we may release, or assist
in the release of credit and other account information to a
third party as may be necessary to process a transaction or
resolve disputes. We may share the information you provide
us with our affiliates, unless you provide us notice by e-mail
or in writing that your information not be communicated to
our affiliates.
OWNERSHIP OF MATERIALS. The content and information
on our site is the property of ebank. It should not be duplicated,
or copied by any means.
SEVERABILITY: If any provision of this Agreement
is void or unenforceable in any jurisdiction, such ineffectiveness
or unenforceability shall not affect the validity or enforceability
of such provision in another jurisdiction or any other provision
in that or any other jurisdiction.
AREA OF SERVICE: The Services described in
this Agreement and any application for consumer credit and
deposit services available at our site are solely offered to
citizens and residents of the United States of America.
VENUE: Any action at law, suit in equity,
or other judicial proceeding for the enforcement of this Agreement
or any provision thereof shall be instituted only in the courts
of the State of Georgia.
ARBITRATION OF DISPUTES: If
either you or we have any unresolvable dispute or claim concerning
the Services, it will be decided by binding arbitration under
the expedited procedures of the Commercial Financial Disputes
Arbitration Rules of the American Arbitration Association
(“AAA”)
and Title 9 of the US Code. Arbitration hearings will be held
in Georgia or where mutually agreed to. A single arbitrator
will be appointed by the AAA and will be a retired judge or
attorney with experience or knowledge in banking transactions.
The arbitrator will award the filing and arbitrator fees to
the prevailing party. A judgement on the award of the arbitrator
may be entered by a court.
NO SIGNATURE REQUIRED: When any payment or
other on-line service generates items to be charged to your
account, you agree that we may debit your designated Eligible
account or the account on which the item is drawn without requiring
your signature on the item, and without prior notice to you.
AMENDMENT OF THIS AGREEMENT: We may amend
this agreement (including changes in its fees and charges hereunder)
by giving notice to you at least 30 days before the effective
date of the amendment, unless such change or amendment is otherwise
required by law or applicable regulation. Your continued use
of the Services is your agreement to the amendment(s). Depositor's
overdraft protection and line of credit agreements will continue
to apply or in accordance with our published Schedule of Fees
and Charges, as amended from time to time.
WAIVER: We may waive any term or provision
of this agreement at any time or from time to time, but any
such waiver shall not be deemed a waiver of the term or provision
in the future.
ASSIGNMENT: We may assign its rights and
delegate its duties under this Agreement to a company affiliated
with us or to any other party.
TERMINATION: Either you or we may terminate
this agreement and any service provided hereunder at any time
upon giving at least ten (10) days prior written notice of
termination to the other party. If you authorize us to continue
making fund transfers you have previously authorized until
we have a reasonable opportunity to act upon your termination
notice. Once we have acted upon your termination notice, we
will make no further transfers from your Eligible account,
including any fund transfers you have previously authorized.
We reserve the right to terminate or to discontinue support
of any software or equipment without written notice.
GOVERNING LAW: These terms and conditions
of this Agreement shall be governed by and construed in accordance
with the laws of the state of Georgia, without regard to Georgia's
conflict of law provisions. Your existing account relationships
shall continue to be governed by and construed in accordance
with the laws of the state where the ebank.com branch, at which
you initially established your account, is located or has been
transfer by the Bank.
ENTIRE AGREEMENT: This Agreement is the entire
agreement between you and us and it supersedes any marketing
or other similar material pertaining to the Services delivered
to you in writing, verbally or obtained at our site or the
site of a Internet Service Provider, such as AOL. |
