Business Electronic Banking Service Agreement
With Electronic Fund Transfer Act Disclosure
Thank you for choosing Rabun County Bank's Business eBanking Product (BeB) for your Commercial Internet Banking needs. This Business eBanking Agreement (the "Agreement") details your responsibilities as a user of BeB services. You must consent to these Terms in order to enroll for BeB with Rabun County Bank .
The Terms and Conditions of your respective Account Agreement(s) with us also govern your Account relationship(s) with us.
Agreement: Unless varied or supplemented in writing, these Terms govern the operation of BeB and your use of the products and services available through BeB operated by Rabun County Bank ("RCB").
By completing the BeB enrollment process each of you agrees for yourself (and the person or entity you represent if you sign as a representative of another) acceptance of all the Terms and Conditions contained herein. RCB is entitled to enforce and rely upon the terms and conditions agreed upon.
You must be an existing RCB Account holder prior to submitting an application to enroll in BeB services. The bank reserves the right to refuse to open an account or to deny a customer the ability to access BeB, to limit access or transactions or to revoke a customer's access to BeB without advance notice to the customer.
Unless it would be inconsistent to do so, words and phrases used in this document should be construed so that the singular includes the plural and the plural includes the singular.
As used in this Agreement, the words "Bank", "we", "our" and "us" mean RCB and the words "you" or "your" mean the Account holder(s) or person(s) subscribing to or using BeB. "Account" or "Accounts" mean your deposit Accounts at RCB, which include your Checking, Savings, NOW and Money Market Accounts, and Loan Accounts or any other Accounts that may be accessed using BeB.
The purpose of this document is to establish and summarize rules governing transactions, circumstances and events applicable to you and your use of RCB's BeB. It also provides Disclosures and Policy to which you may be entitled or in which you may be interested.
The BeB services to be provided by Bank to Customer consist of access to a secured Internet Banking service (BeB) that permits Customer to obtain certain account information reporting, electronic funds transfer services, and other account maintenance functions, by means of a computer. The service is provided by the Bank for access and use by Customer. Fidelity National Information Services, Inc. ("FIS") is the sole owner and licensor for the service and has granted the Bank the right to sublicense the service to customers.
Computer RequirementsYou are solely responsible for the maintenance, installations and operation of your computer and for the software used in accessing BeB. The Bank shall not be responsible for errors, deletions, or failures that occur as a result of any malfunction of your computer or software, nor will the Bank be responsible for any computer virus that affects your computer or the software while using BeB.
By accessing BeB through the World Wide Web, you agree that the 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 BeB through the Internet.
Password and User Confidentiality
Customer agrees to the security procedures incorporated in the System. Customer will maintain the passwords and other aspects of the security procedures confidential and secure and will prevent access to them by unauthorized persons. Additionally, Customer agrees that these security measures are commercially reasonable. No RCB employee or service provider of RCB will contact you to request your password. If you are contacted by anyone requesting your password, or believe your password has been compromised, please change your password and contact us immediately.
Daily Processing Deadlines
Account information displayed through BeB is the current information at the time the transaction takes place.
Payments may be scheduled at any time and on any days including weekends and holidays, except any time in which the system is unavailable for maintenance. Payments scheduled prior to Daily Cutoff Time Monday through Friday will be processed the same day. Payments scheduled after Daily Cutoff processing or on a weekend or Federal Holiday will be processed on the first banking day thereafter.
Wire transfer requests initiated on your computer using BeB, and received by the Bank or its agent(s) by 3:30 p.m. EST Monday through Friday, will be effective on the current business day. Wire transfer requests initiated on your computer using BeB, and received after 3:30 pm EST Monday through Friday or all day on Saturday, Sunday and banking holidays, will be effective the following business day.
Funds Transfer Service
In addition to account information reporting, the Customer may request access to certain funds transfers through BeB as described below. Funds transfers are available during specific business hours as described in the processing schedule. If the Customer, or any of its authorized representatives, use funds transfer through the BeB, the following condition(s) shall apply:
- Wire Transfer - The Customer acknowledges that the Wire Transfer feature of BeB is an alternate entry system for issuing Wire Transfer orders between the Customer and the Bank. A separate Wire Transfer Agreement between the Customer and the Bank is required. This Wire Transfer Agreement shall govern the acceptance and liability for all Wire Transfer requests.
- ACH Transactions - The Customer acknowledges that the ACH Transaction feature of BeB is an alternate entry system for issuing ACH Transaction orders between the Customer and the Bank. A separate Agreement for Electronic Payments between the Customer and the Bank is required. This Agreement for Electronic Payments shall govern the acceptance and liability for all ACH Transactions originated by the Customer.
Limitation on Frequency of Transfers
Transfers from Savings or Money Market Accounts to another account or to third parties by preauthorized, automatic, telephone, or computer transfer or by check, draft, debit card, or similar order to third parties are limited. To avoid an excessive transaction fee, no more than six of these transactions can occur from a Money Market Account per monthly statement cycle. No more than six of these transactions can occur from a Savings Account per month. An excessive saving withdrawal debit fee will be charged for each withdrawal from a Savings Account in excess of six during a quarter. Refer to the Bank's Schedule of Fees and Charges for a list of these fees.
We will process and complete all transfers properly initiated through BeB in accordance with the Terms of 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 or damages. However, there are some exceptions. We will not be liable, for instance:
- Through no fault of ours, you do not have enough money in your Account to make the transfer.
- If the transfer would go over the credit limit of your Personal Reserve Account (PRA) (if applicable).
- If the Internet connection was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire, flood or delay in U.S. Mail) prevent the transfer, despite reasonable precautions we have taken.
- The service or your PC or modem is not working properly and you knew about the malfunction when you started the transfer.
- There may be other exceptions stated in our Agreement with you.
Use of External E-mail Address
An external E-mail address is required for BeB. We will send any Account Alerts to the external E-mail address you enter. Please enter E-mail address information accurately. Do not send private Account information, especially an Account number or password through external E-mail as E-mail sent outside of Internet Banking sessions is unencrypted and is therefore not considered secure.
There are no general access fees for BeB, however please see BeB Service Package Guide for pricing details. Any monthly fees that may apply for BeB will automatically be deducted from your account. Any Account Maintenance charges and other fees shown in the Banks Schedule of Fees and Charges may apply including overdraft charges. Fees are reviewed periodically and are subject to change without notice. Fees may be deducted from your account without prior notice to you.
Except as provided herein, we are not responsible for any loss, damage or injury whatsoever resulting from:
- An interruption in your electrical power or telephone service;
- The disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality; or
- Any defect or malfunction of your PC, modem or telephone line.
For the purpose of these Disclosures, our business days are Monday through Friday, except Bank holidays. BeB is available 24 hours a day, seven days a week, except during scheduled maintenance periods or in the event of an emergency. See Processing Schedule for details.
Tell us AT ONCE if you believe your access code (User ID and Password used to access BeB) has been lost or stolen. Calling us is the best way of keeping your possible losses down. Please read and be aware of the contents of any Customer Alerts we may post on our website.
If you believe your password has been lost or stolen, contact us immediately. You could lose all the money in your Account plus your maximum overdraft line of credit.
To report a stolen or lost access code contact customer support at 1-800-593-4345.
RCB suggests that you perform a related risk assessment and controls evaluation periodically.
You may request to terminate your use of BeB by notifying us. You must notify us at least ten (10) business days prior to the date on which you wish to have your BeB Service terminated. We may require that you put your request in writing. If you have scheduled payments with a transaction date within this ten (10) business day period, you also must separately cancel those payments. If we have not completed the processing of your termination request and you have not otherwise canceled a payment, you will be responsible for payments with transaction dates during the ten (10) business days following our receipt of your written notice of termination. We may terminate your use of Internet Banking, in whole or in part, at any time without prior notice. Termination will not affect your liability or obligations under this Agreement for transactions that we have processed on your behalf.
Illegal, Fraudulent or Improper Activity
You understand that transactions in your account(s) may be suspended or terminated if an access device has been reported lost or stolen or when RCB or any of its providers reasonably believes that there is unusual activity on your account(s). You will fully cooperate with RCB and its providers to investigate all illegal, fraudulent or improper activity.
RCB's Limitation of Liability
Except only as provided in the Financial Institution's Liability Section hereof, or by law, we are not liable for any loss, bodily injury or property damage, whether direct, indirect, punitive, special, general or consequential, caused by or related to BeB, electronic statement delivery or the RCB website, or in connection with the use or attempted use thereof, whether caused by the equipment, software, Web browser provider, internet access provider or online service provider or an agent or subcontractor of any of the foregoing. This also applies to any other matter addressed in this Agreement.
This Agreement is the complete and exclusive Agreement between you and us related to BeB and supplements any other Agreement or Disclosure related to your Accounts. In the event of a conflict between this Agreement and any other Agreement or Disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control.
No delay or omission by us in exercising any right or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.
We may assign the rights of this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.
This Agreement shall be governed by and construed in accordance with the laws of Georgia, without regard to conflict of laws and principles. Georgia law will govern the validity, interpretation and performance of this Agreement and each of its provisions.
Changes to This Agreement ("Amendments")
We may change any of the Terms and Conditions of this Agreement at any time. We may post Amendments to this Agreement on our Web Site or notify you through secure e-mail.
Internet Banking Privacy Disclosure
We do not collect identifying information about visitors to our Web Site, however, if you choose to personalize your interaction with our Web portal site, your preferences will then be stored in a "cookie" file on your hard drive. This file contains no personal information and will not be shared with any third party. You may remove this cookie at your discretion at any time. As an Internet Banking customer of Rabun County Bank, we must collect certain information to process your online requests. This information may consist of your Account number, security verification information and E-mail address. Further, if you choose to participate in Bill Payment Services, then we must collect information about the companies you wish to pay in order to process your bill payment transactions.
Sharing Information with Third Parties
We have contracted with a third party to make Internet services available to our customers. We will provide our Internet Service Provider (ISP) with only that information necessary to conduct transactions for our customers. Our contract with our ISP requires them to maintain your information at the same high level of confidentiality with which we maintain your information.
We have many security features in place to protect your information on the Internet. One of these features is the Password and User ID (access code) you must use to access your Account information online. You can protect your Account information by signing off of your computer when you have completed your transaction, by changing your Password frequently, and by not sharing these codes with anyone. If you forget to sign off, our BeB system will sign off for you after there has been no activity for a certain period of time.
In addition to the foregoing, secure browsers, such as Microsoft's Internet Explorer and Netscape's Navigator, are required to access your information as additional protection of your Account information. We require 128-bit encryption browsers. Encryption serves to "scramble" your private, financial information as it moves between your computer and ours. Firewalls are also used to ensure that only authorized transactions occur.
Our authorized personnel review internal reports produced by our BeB system daily, to ensure that only authorized transactions have occurred.
We also offer links to other Web sites that may be of interest to you. These may include, for example, our Federal Regulator, the Federal Deposit Insurance Corporation (FDIC). Please note however, that when you leave our Web Site, you are leaving our secure site and entering a site over which we have no control.
There are many companies offering services to Internet customers. Some of these companies offer to bring all of your financial information to one Web site for your review. These companies are often referred to as "Account Aggregators" and are in no way affiliated with Rabun County Bank. Please be aware that if you provide your Access Code to one of these companies, you are authorizing them to access your Account. Any resulting transactions that may take place in your Account are considered to be authorized by you. This Disclosure concerns your use of these third party companies and your liability in connection with their activities on your Accounts and loans. If you choose to use the services of an Account Aggregator, you assume all risks inherent in disclosing your Passwords to a third party. RCB has no responsibility for any use or misuse of your Account data by any third party to which you have provided your Account information, Passwords or Access Codes. This means, among other things, that you are liable for all transactions conducted by the Account Aggregator on your behalf or with the use of your personal Passwords or Access Codes. In addition, RCB cannot ensure the accuracy of information provided to you by a third party Aggregator, and RCB cannot guarantee the ability of the third party to perform any type of banking transaction on your behalf, including but not limited to, verification of credits and debits, transfers of funds and bill payments. If you experience any problems with a third party Account Aggregator to whom you provided your Account information, you will have to resolve the problem directly with them. RCB cannot accept responsibility for any losses, damages or fees assessed by another company or institution caused by the involvement of a third party Account Aggregator. If you wish to cancel their access to your Accounts, you will need to notify us so that we may issue new Access Codes for your Internet Account(s) with us.
We use Secure Socket Layer (SSL) protection for E-mails sent through our BeB Web Site by customers who have accessed BeB via their User ID and Password. Communications from BeB are secure and our response to you is equally secure. However, E-mails sent by other means are not secure communications.
Bill Payment Service Disclosure
This Attachment 1 to the BeB Service Agreement (collectively, the "Agreement") specifically governs your use of the Internet Banking Bill Payment Services in conjunction with the BeB Service Agreement between you and Rabun County Bank ("RCB").
By enrolling for Bill Payment Services, you agree to the Terms of this Attachment and the BeB Service Agreement. Please read this Agreement carefully and keep a copy for your records.
Bill Payment Services is an optional feature of BeB and provided to you for your convenience. Payments are actually handled by FIS, an independent third party and a service provider of RCB.
In order to enroll for Bill Payment Services, you must first have an Account with RCB and then enroll in BeB.
Bill Payment Services is a service that allows you to setup single or recurring payments to businesses and individuals from designated Account(s) you have with RCB.
- New Bill Payment Service Enrollment and Adding Accounts: Once you complete the Bill Payment Services application process the Bank will review your information. Until your application is processed, you will not be able to schedule payments. If you choose to add a new Account to fund payments, the same process will be completed. Please allow up to three (3) business days for a new application or to add a new Funding Account.
- Accounts: Bill Payment Services may be used to schedule payments from Checking, NOW, savings, and Money Market Account ("Funding Accounts"). One customer may have up to 99 Funding Accounts.
- Foreign Payees Not Permitted: You can setup payments in U.S. dollars to individuals and businesses in the United States, including Guam, Puerto Rico, U.S. Virgin Islands, and international U.S. Military bases. Payments are not permitted to any international location not specifically listed above or in any non-US. currency.
- Payees Permitted: Bill payments may be made to individuals, businesses, and government agencies (see section 5 below). Bill payments made to any entity blocked by action of the federal, state, or local government will not be processed and you will be notified. Do not use Bill Payment Services to make payments to settle securities transactions.
- Payments to Government Agencies: Bill payments may be made to government agencies. The Bank and it's affiliates have limited ability to research any bill payment made to government agencies because of strict adherence to the consumer privacy regulations. The Bank specifically will not be responsible for any late fees or penalties that may be incurred for any payment scheduled via Bill Payment Services to any government agency. We strongly discourage the use of Bill Payment Services to make tax payments and any court-ordered payments. Under no conditions whatsoever will we be liable for any fines, late fees, or other damages resulting from your use of Bill Payment Services to schedule a tax payment or court-ordered payment.
- Payee Set-Up: Once you add a new Payee you can schedule payments immediately. A maximum of 4,999 Payees per customer may be set up. Be very careful when entering Payee information and Payee Account information. We are not responsible for any late fees, finance charges or other losses resulting from your entry of incorrect Payee information or Account information. From time to time Payees will request the use of a new remittance address or electronic routing information. You are responsible for verifying that each Payee is set up correctly at the time of payment. By providing RCB with the names and account information of those persons or entities you wish to direct payment, you authorize RCB to follow the payment instructions that are entered through the Bill Payment Payee Setup. When we act on payment instructions, you authorize us to charge your Funding Account and remit funds on your behalf so that the funds are paid out of your Account as close to the business day designated by you as reasonably possible. While it is anticipated that most transactions will be completed on the date designated by you, it is understood that due to circumstances beyond the control of the Bank, particularly delays in handling and posting payments at the designated merchants or institutions, some transactions may take longer. For this reason, it is recommended that all payments be scheduled to transact several business days before the actual due date stated on your invoice, not the late date. See Payment Lead Time in section 9 below.
- Method of Payment: Payments are remitted to Payees by electronic methods where possible. Any remittance not made by electronic methods will be sent by paper check through the U.S. mail system. Payees who receive electronic payments are indicated on the payment scheduling screen.
- Payment Processing Days: Payments may be scheduled at any time and on any days including weekends and holidays, except any time in which the system is unavailable for maintenance. Payments scheduled prior to Daily Cutoff Time Monday through Friday will be processed the same day. Payments scheduled after Daily Cutoff processing or on a weekend or Federal Holiday will be processed on the first Banking day thereafter.
- Payment Lead Time: "Payment Date" is the day the payment will be processed by us, if scheduled prior to Daily Cutoff Time. You must schedule payments with enough processing Lead Time (at least 3-6 days before the payment is due). Most electronic Payees will post payments within three (3) business days of receipt. Non-electronic (check) payments in the continental U.S. should be scheduled at least 6-10 days before payment is due. Most check Payees will post payments within six (6) business days of receipt. Some Payees may require more time before the payment due date in which to process payments. The Bank is not responsible for any late fees, finance charges or other penalties if you do not allow the time suggested by the Payee for payment processing. Payments will be debited from the Funding Account within two (2) Banking days of payment processing.
- Payment Minimum and Maximum Amount: The minimum payment is $ .01 and maximum is $9,999.99.
- Payment Change or Stop Payments: Payments scheduled for the current day may be cancelled or edited by you online without charge up to the Daily Cutoff Time for processing. You may also place a Stop Payment by calling or coming to the Bank but if you do so, a Stop Payment fee will be assessed. Please see the Bank's Schedule of Fees and Charges. If you call, we may also require that you put your request in writing and send it to us within fourteen (14) calendar days. If you place a Stop Payment with us three (3) business days or more before the payment is processed, we will be responsible for your losses or damages resulting from our failure to Stop Payment as requested.
- Stop Payments After Payment Processing: Once a payment has been processed, you may call or come to the Bank and request that a payment be stopped. We will attempt to stop the payment but are not responsible for any losses if we cannot stop the payment. You may be assessed a Stop Payment fee. Please see the Bank's Schedule of Fees and Charges.
- Future Payment Scheduling: A one-time Future Payment may be scheduled up to 364 days in advance. A recurring payment may be scheduled to repeat weekly, every two weeks, monthly, twice a month, every two months, every three months, every six months, or yearly. A recurring payment may be scheduled to occur indefinitely or with a specific end date.
- Bill Payment Service Fees: See Fee Section under Terms and Conditions.
- Funds Availability: You authorize the Bank to withdraw funds for any scheduled bill payment from the selected Funding Account on the processing date or within two (2) Banking days thereafter. If payment is scheduled and funds are not available in the Account selected, payment may be made from an associated overdraft protection plan (PRA or another Account you have set up to transfer funds from in the event of an overdraft) and applicable overdraft charges or transfer charges may be assessed. If the balance in the Account and available credit under any overdraft protection plan is not sufficient to cover a scheduled payment, the Account may be blocked for further bill payments and your Bill Payment Services may be discontinued at our option. You will be notified by E-mail or U.S. mail if an Account is blocked or Bill Payment Services are discontinued. Any payment scheduled with insufficient funds in the Funding Account may be held or stopped and we will not be responsible for any late fees or finance charges levied against you by the Payee as a result of your payment not being processed as originally set up. We reserve the right to impose a non-sufficient funds (NSF) fee on any payment that exceeds your Account's available balance. See the Bank's Schedule of Fees and Charges. You are liable for any overdraft created from use of the Bill Payment Service.
- National Automated Clearing House Association (NACHA) Operating Rules: If you originate a transaction, you represent to us that the party receiving your transaction request has consented to the transaction and you agree to be bound by NACHA rules.
- RCB's Liability: Rabun County Bank will use its best efforts to make all your payments properly. However, we will incur no liability if we are unable to complete any payments initiated by you through our Bill Payment Service because of the existence of any of the exceptions listed in Financial Institutions Liability Section under Terms and Conditions. In addition, RCB will incur no liability if it is unable to complete any payments because of the existence of one or more of the following circumstances:
- The merchant or institution mishandles or delays a payment sent by Rabun County Bank.
- You have not provided Rabun County Bank with the correct names or Account information for those persons or entities to which you wish to direct payment.
- You schedule your payment pay date after the due date. Rabun County will not be responsible for any late fees associated with payments where you have scheduled pay dates after the due date. This is the case even if the vendor allows a "Grace Period", and you schedule the pay date within the "Grace Period". Any late charges associated with payments scheduled as such will be your responsibility regardless of the cause of the late payment.
- Merchant or Payee Limitation: Rabun County Bank reserves the right to refuse to pay any person or entity to which you may direct a payment. Rabun County Bank is obligated to notify you promptly if we decide to refuse to pay a person or entity designated by you.
- Alterations and Amendments: Bill Payment features, applicable fees and services charges may be changed by Rabun County Bank from time to time.
Expedited Payments: With the Expedited Payments feature, you can make a last minute payment to anyone, anywhere in the continental United States and faster than ever before. Our Expedited Payment feature provides you two options to make your payments. First, we offer overnight checks. These checks can be delivered to almost any payee the next day. In addition, when you confirm this payment, you will receive a FedEx tracking number that you can use to verify the receipt of your payment. The second payment option is an expedited electronic payment. This option is available for any payee that we currently send electronic payments to. When you setup your payment, the system will display the payment options that are available for you for the specific payee. You cannot cancel expedited electronic payments once you schedule them as they are processed immediately. If you choose to use the Expedited Payment feature there will be a charge for each use. See the Bank's Schedule of Fees and Charges.