Online Banking Service Agreement

IF YOU AGREE TO THE TERMS AND CONDITIONS BELOW, CLICK ON THE "I AGREE" BUTTON.

I. INTRODUCTION

This Agreement constitutes a contract between you and The Bank of Georgia (the Bank) that outlines and governs the Terms and Conditions for accessing your personal accounts via the Bank's Online Banking Service.

By using the Online Banking Service provided by the Bank, you agree to abide by the terms and conditions of this Agreement. All applicable federal laws and regulations will govern this Agreement. In the event that no federal law applies, laws and regulations effective in the State of Georgia will govern the Agreement. Except as otherwise required by federal laws and regulations, this Agreement will be construed in accordance with the laws of the State of Georgia. Any legal actions or claims arising out of or in connection with the interpretation, performance or enforceability of this Agreement shall be brought in the Superior Court of Fayette County, Georgia, the State Court of Fayette County, Georgia, or the United States District Court for the Northern District of Georgia, Newnan Division, as applicable.

Some of the terms set forth in this agreement are governed by the Electronic Funds Transfer Act ("EFT Act"), 15 U.S.C. § 1693 et seq., which is only applicable to consumers, defined as natural persons. Commercial Account holders are not entitled to the rights provided under the EFT Act.

The term "business day" refers to Monday through Friday, excluding Saturday, Sunday and banking holidays.

II. ACCESSING YOUR ACCOUNTS

A. Eligibility

In order to activate the Bank's Online Banking Service, you must have at least one checking or savings account with the Bank.

B. Passcodes

As a customer of the Bank, you may access your accounts by selecting and using an online passcode personal identification number (PIN), also known as your Password. You will be issued an initial passcode that will allow you to log on to the Online Banking Service. The first time you log on to the Bank's Online Banking Service, you will be required to change the passcode and select one known only to you.

The passcode criteria are as follows:

Minimum Password Length = 8

Maximum Password Length = 16

Containing at least 2 numeric characters and 2 alpha characters

Passwords can be changed at any time by the account holder through the Online Banking service and will expire every three months.

The Bank is entitled to act on instructions received under your PIN/Password and has no obligation to inquire into the identity of the person using that PIN/Password. You should not under any circumstances disclose your PIN/Password by telephone or to anyone claiming to represent the Bank. Bank employees do not need and should not ask for your PIN./Password If you suspect that an unauthorized person has access to your PIN/Password or believe your PIN/Password has been lost or stolen or that someone may attempt to use the Bank's Online Banking Service without your consent or has transferred funds without your permission, you must notify the Bank immediately at (770) 631- 9488 and tell a representative about your passcode PIN/Password security concern.

The Bank's Representatives are available Monday through Friday, 8:30 a.m. to 5:00 p.m., excluding banking holidays

You may use your personal computer to:

  • View account balances and transaction history
  • Transfer funds from checking and savings accounts into other The Bank of Georgia checking and savings and loan accounts which belong to you .
  • Stop Payments on checks issued
  • Order checks for your checking account
  • Establish automatic transfers from one of your accounts to another (from checking and savings to checking, savings or loans).

Your online banking access will automatically deactivate after 180 days with no record of login or access activity. Should your access be deactivated, signing up as a new user will reactive your access.

III. TERMS AND CONDITIONS

The first time you access any of your accounts through the Bank's Online Banking Service, you confirm your agreement to abide by all the Terms and Conditions of this Online Agreement and acknowledge your receipt and understanding of this disclosure same.

A. Fees and Charges

There is no charge to use the Bank's Online Banking Service; however, you are responsible for any local or long distance charges or Internet Service Provider (ISP) charges that you incur by accessing your accounts via the Bank's Online Banking Service.

There is no fee for online access to your accounts. You are welcome to try our Bill Pay service at no charge. You are allowed unlimited bills paid each month at no charge. The bank reserves the right to cancel the Online Banking Service and/or your access to the Online Banking Service, in whole or in part, at any time, and at our discretion. If you wish to cease your participation in the Online Banking Service and cancel all active passcodes, please contact the Bank's at (770) 631-9488 or send written cancellation instructions to: The Bank of Georgia, Post Office Box 2610, Peachtree City, GA 30269.

B. Hours of Accessibility

You may access the Bank's Online Banking Service seven days per week, 24 hours per day. Necessary system maintenance will be scheduled for hours during which system traffic is normally at a minimum. If the system is unavailable due to an unanticipated problem, you may use the automated telephone system (770-631-4468), one of our ATM machines, or a branch office (during regular business hours) to conduct your transactions.

C. Additional Terms

Other services may be added to the Bank's Online Banking Service and will be communicated to our customers as the additions are made. The balance and account history will show the current balance of the account, including any transactions conducted prior to the inquiry. In progress returns due to non-sufficient funds or stop payments may not be reflected in the inquiry.

Account Information - Account balances and activity is current information. Funds transferred between related accounts initiated on your computer using the Bank's Online Banking Service and received by the Bank before 5:30 p.m. EST, Monday through Friday, will be effective on the current business day. Transfers processed on your computer using the Bank's Online Banking Service and received after 5:30 p.m. EST Monday through Friday or all day Saturday, Sunday and banking holidays will be effective the following business day.

Transaction Sessions - You will be automatically disconnected from the Bank's Online Banking Service after ten (10) minutes of inactivity.

IV. GENERAL

A. Changes to Fees, Charges and Other Terms

The Bank reserves the right to change the fees, charges or other terms outlined in the agreement. The Bank will notify you 30 days prior to implementation of changes, either by written notice or e-mail, and will also update this agreement, if the changes to this agreement are more restrictive than those stated in the agreement, or increase your responsibility for unauthorized transactions. In the event that a change is necessary to ensure the security of the online system, an immediate change may be necessary, and the bank will notify you within 30 days after the change is made by electronic or written notice. You may choose to accept or decline changes by continuing or discontinuing the services to which the changes relate. The Bank reserves the option to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Account Disclosure.

B. Disclosure of Account Information

By using the Bank's Online Banking Service you authorize the Bank to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided or that the bank or its affiliates have obtained about your accounts and the transfers you make:

  • To comply with government agency requests or court orders
  • To verify the existence and condition of your account to a third party, such as a credit bureau or merchant
  • To provide services relating to your account or to offer other products and services
  • To other entities if you give us permission

C. Consumer Rights and Responsibilities

In addition to this Agreement, by using the Bank's Online Banking Service you agree to be bound by and comply with the Account Agreement and Account Disclosure, the rules and regulations of the electronic transfer system, and state and federal laws and regulations. If you have a mortgage account, you will continue to be responsible for the obligation as required under the note and deed of trust.

You, the consumer, are responsible for keeping your passcode and account data confidential. The Bank is entitled to act on transaction instructions received using your passcode, and you agree that the use of your passcode will have the same effect as your signature, authorizing the transaction(s). If you authorize other persons to use your passcode in any manner, your authorization will be considered unlimited in amount and manner until you have notified the Bank in writing that you have revoked the authorization, changed your passcode, and that you are responsible for any transactions made by such persons until such time as the Bank receives and has time to act upon the notification that transfers by that person, or instructions regarding your accounts, are no longer authorized.

The Bank reserves the right to terminate or modify this Agreement and your access to Online Banking Service in whole or in part, at any time.

The Bank may assign certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

D. Unauthorized Transactions

You must notify the Bank immediately if you suspect that another person has improperly obtained use of your online passcode. You must also notify the Bank if someone has transferred or may transfer money from your bank account without your permission, or if you suspect any fraudulent activity related to your account. You should reveal your account number only to legitimate entities for purposes you authorize, such as automatic payments to your insurance company. To notify the Bank, call the Bank at (770) 631-9488.

Federal law requires that if you believe your online passcode has been lost, stolen or compromised and you notify the Bank within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your online passcode without your permission.

Please notify the Bank AT ONCE if you believe your passcode has been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you do not notify us promptly, it is possible that you could lose all the money in your Account, plus any maximum overdraft line of credit. To notify us, call a Bank representative at (770) 631-9488.

If you do NOT notify the Bank within two (2) business days after you learn of the loss or theft, and the Bank could have stopped someone from taking money without your permission had you told the Bank, you could lose as much as $500.00.

If your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify the Bank at once. If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and the Bank could have stopped someone from taking money if you had told notified the Bank in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a confirmed extended trip or hospital stay, kept you from notifying the Bank, the time periods in this section will be extended.

E. Error Resolution

If you believe that there is an error regarding your account in conjunction with the Electronic Banking Service (mortgage loans are excluded) you agree to:

  • Call the Bank and tell a representative about the problem at (770) 631-9488, or
  • Send a fax to (770) 487-4368, Attention: The Bank of Georgia Deposit Operations Department and tell us the details of the problem, or
  • Write a letter and mail it to The Bank of Georgia, Attention: Electronic Banking Department, PO Box 2610, Peachtree City, GA and notify the Bank of the details of the problem.

The Bank must hear from you no later than sixty (60) days after we send the paper statement or electronic statement on which the problem or error in question occurred. If you notify us the Bank verbally, the Bank will require that you send us written notice of the alleged error in writing within 10 business days following your verbal notification.

When you write the Bank about your problem, please:

  • Include your name and account number(s)
  • Describe the error or transaction in question, and explain why you believe it to be an error
  • Specify the dollar amount of the suspected error

The Bank will tell you the results of its investigation within ten (10) business days after it hears from you if your account has been opened for more than thirty (30) days, (or within twenty (20) days for new accounts opened for less than thirty (30) days), and the Bank will correct any error within one (1) business day following the Bank's determination that an error in fact occurred. If the Bank needs more time, however, it may take up to forty-five (45) calendar days to investigate your complaint or question. If the Bank decides to do this, it will re-credit your account within ten (10) business days if your account has been opened for more than thirty (30) days, (or within twenty (20) days on new accounts opened for less than thirty (30) days,) for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and it is not received within ten (10) business days after making the request, the Bank will not need to re-credit your account while we complete our investigation. If the Bank determines that there was no error, the Bank will send you a written explanation within three (3) business days after finishing the investigation. You may ask for copies of the documents used in the Bank's investigation.

If the Bank does not complete a transfer to or from your Bank account on time or in the correct amount according to our agreement with you, the Bank will be liable for your losses or damages. However, there are some exceptions. The Bank will not be liable:

  • If, through no fault of the Bank, you do not have enough money in your account to make a transfer or loan payment
  • If a legal order directs us the Bank to prohibit withdrawals from the account
  • If your account is closed or if it has been frozen
  • If a hold has been placed on your account for uncollected funds
  • If the transfer or payment would cause the account to become overdrawn beyond the balance of the account
  • If you, or anyone you allow, commits fraud or violates any law or regulation
  • If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly
  • If circumstances beyond the Bank's control (such as fire, flood, hurricane, improper transmission or handling of payments by a third party) prevent the transfer or loan payment, despite reasonable precautions taken by the Bank.

V. LIMITATIONS ON BANK LIABILITY

The Bank is not responsible for the following incidents, errors or failures:

A. Access

The Bank is not responsible for failure to provide access or for interruptions in access to the Online Banking Service due to a system failure or due to other unforeseen acts or circumstances.

B. Your Computer Equipment or Software

The Bank is not responsible for any errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment used with the Online Banking Service.

The Bank is not responsible for any error, damages or other losses you may suffer due to the malfunction or misapplication of any system you use, including your browser, your Internet Service Provider (ISP), your personal financial management or other software, (such as Quicken®, or Microsoft Money®), or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with the Bank's Online Banking Service.

VI. OTHER PROVISIONS

A. Electronic Notice

With your consent, the Bank may send notices to you by electronic mail (e-mail). You may use e-mail to contact the Bank about inquiries, maintenance, and/or some problem resolution issues. E-mail may not be a secure method of communication. Therefore, it is recommended that you do not send confidential personal or financial information by e-mail. There may be times when you need to speak with someone immediately, especially to report a lost or stolen passcode, or to stop a payment. In these cases, do not use e-mail. Instead, call a Bank representative at (770) 631-9488 during regular business hours.

B. Warranty and Software Limitations

NEITHER THE BANK, NOR ANY OF ITS SUBSIDIARIES, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE (OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS), UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.

C. Hours of Operation

The Bank's representatives are available to help you Monday through Friday, 8:30 a.m. to 5:00 p.m., excluding banking holidays.

D. Ownership of Website

The content, information and offerings on this website are owned by The Bank of Georgia, and the unauthorized use, reproduction, linking or distribution of any portions are strictly prohibited.

E. Geographic Restrictions

The Bank of Georgia Online Banking services Service described in this Agreement and available on our this website are solely offered to citizens and residents of the United States of America currently residing in the United States. Citizens and residents outside the United States may not be able to access the Bank's Online Banking Service.

F. Scope of Agreement

This Agreement represents the Bank's complete agreement with you relating to provisions of the Bank's Online Banking Services. No other statement, oral or written, including language contained on our website, unless otherwise noted, is part of this Agreement.

G. Severability

If any term, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted and the remaining terms, conditions, and provisions of this Agreement will remain in full force and effect.

I have read and accept the terms of the Bank's Online Banking Service Terms and Agreement and wish to apply for The Bank of Georgia's Online Banking Service.