Terms and Conditions
Online Banking Agreement/Disclosure
This Agreement governs the use of Patriot Bank of Georgia Online
Banking service and is made and entered into by and between Patriot
Bank of Georgia ("Bank"), also referred to
as "we" and each person who signs Bank's signature
card for the account being accessed or is referenced on the
Bank's records as an owner of the account, or each party
whose signature appears on a credit line application ("Customer"),
also referred to as ("you"). Each customer on the
account is jointly liable for all transactions initiated
through Online Banking, including overdrafts, even if the
customer did not participate in the transaction, which resulted
in the overdraft.
Banking business days are
Monday through Friday, excluding Saturday, Sunday and federal
holidays. You may access account information through Online
Banking 24 hours a day, 7 days a week, except for interruptions
due to maintenance or matters beyond the Bank's control.
Online
Banking services and each of your accounts are governed by
the applicable Disclosures, Rates and Fee Schedules provided
by the Bank in your new account packet, as each may be modified
from time to time. Your initial use of Online Banking services
indicates your agreement to be bound by this agreement and
acknowledges your receipt and understanding of this document.
To
subscribe to Online Banking, you must maintain at least one
deposit account with the Bank. Online Banking will allow
you to access more than one account, to view account balance(s)
and transaction information, transfer funds among designated
accounts, send electronic mail to the Bank, and receive electronic
mail from the Bank. The Bank reserves the right to deny the
Customer the ability to access Online Banking, to limit access
or transactions or to revoke a Customer's access to Online
Banking without advance notice to the Customer.
You are responsible
for paying any fees associated with Online Banking as outlined
within this agreement as well as any fees that may be accessed
by your Internet Service Provider and for any telephone charges
or fees incurred by accessing Online Banking.
The Bank is
entitled to act on instructions received through Online Banking
under your password and without inquiring into the identity
of the person using that password. You should not under any
circumstances disclose your password by telephone or to anyone
claiming to represent the Bank; Patriot Bank
of Georgia employees
do not need and should not ask for your password.
You are liable for all transactions made or authorized
using your password. The Bank has no responsibility in
establishing the identity of any person using your password.
If, despite the Bank's advice, you give your password to
anyone, you do so at your own risk since anyone to whom
you give your password or other means of access will have
full access to your account(s) even if you attempt to limit
that person's authority. You must contact the Bank immediately
in the event that your password has been lost, stolen or
otherwise compromised so that it will not be honored and
can be disabled. You hereby release the Bank from any liability
and agree not to make any claim or bring any action against
the Bank for honoring or allowing any actions or transactions
where you have authorized the person performing the actions
or transactions to use your account(s) and/or you have
given your password to such person, or, in the case of
a jointly held account, such person is one of the account
owners. You agree to indemnify the Bank and hold it harmless
from and against any and all liability (including but not
limited to reasonable attorney fees) arising from such
claims or actions.
Account information displayed
through Online Banking is current information. Funds transfers
between account(s) initiated on your computer using Online
Banking and received by the Bank by 4:30P.M. EST Monday through
Friday will be effective on the current business day. Funds
transfers processed on your computer using Online Banking
and received after 4:30P.M. EST Monday through Friday or
all day Saturday, Sunday and banking holidays will be effective
the following business day.
Electronic mail to the Bank
may be delayed; therefore, if you need the Bank to receive
information concerning your account immediately, you must
contact the Bank in person or by telephone (i.e. stop payments,
to report a lost or stolen ATM card or to report unauthorized
use of your account). The Bank shall have a reasonable period
of time after receipt to act on requests or information you
send by electronic mail.
The Bank will mail or deliver
to you periodic statements for your bank accounts as disclosed
in your deposit agreements. The Bank will include any transfers
you authorize through Online Banking on your statements.
You agree to review your periodic statements in accordance
with this Agreement and any other deposit Agreements governing
your account, for accuracy of all data transmitted through
Online Banking. You should promptly notify the Bank of any
discrepancies, including but not limited to, any errors or
inaccuracies related to data transmitted by Online Banking.
Some
of the terms set forth below are governed by the Electronic
Funds Transfer Act ("EFT Act"), which is only applicable
to consumers. Commercial account holders are not entitled
to the rights provided under the EFT Act.
If you believe unauthorized
transactions are being made from your account, please notify
the Bank immediately. Contact Patriot Bank of Georgia at
770.887.9220 or write the Bank at: P.O. Box 1861,
Cumming, Georgia 30028.
If you feel that any statement
is wrong, or you wish to have more information about
a transfer listed on a statement, contact us in writing
or by telephone. We must hear from you within sixty (60)
days after we send you the FIRST statement
on which the problem or error appeared. When you contact
us,
1) Tell us your name and
account number
2) Describe the error or
the transfer you are unsure about, and explain as clearly
as possible why you believe it is an error or why you need
more information.
3) Tell us the dollar amount
of the suspected error.
If you notify us by telephone,
we may require that you send us your complaint or question
in writing within ten (10) business days. If we ask you to
put your complaint or question in writing and we do not receive
it within ten (10) business days, we may not provisionally
credit your account.
We will tell you the results
of our investigation within ten (10) business days after
notice of the problem and will correct any error promptly.
If we need more time, however, we may take up to ninety (90)
days to investigate complaints or questions concerning foreign-initiated
transfers, or up to forty-five (45) days to investigate all
other electronic transfers. If we need this extended time
to investigate, we will provisionally credit your account
within ten (10) business days for the amount you think is
in error. You will have the use of the money during the time
it takes us to complete the investigation. If we decide no
error occurred, we will send you a written explanation within
three business days after our investigation is completed.
You may ask for copies of the documents we used in our investigation.
You
shall be responsible for all transfers you authorize through
Online Banking. You shall also be responsible for all transactions
initiated by persons to whom you have given your password.
You must report to the Bank AT ONCE if the password has been
lost or stolen. Telephoning is the best way of minimizing
possible losses. Failure to notify the Bank could result
in the loss of all money in your account plus your maximum
line of credit, if you have one. If you report to the Bank
within two (2) business days, the loss sustained by you will
be no more than $50 if your password is used without your
permission. If you do not report to the Bank within two (2)
business days after learning of the loss or theft of the
password, and the Bank can prove that it could have prevented
someone from using the password without your permission had
it been notified, you could lose as much as $500. Also, if
the statement shows electronic transfers you did not make,
report them to the Bank at once. If you do not tell the Bank
within 60 days after the statement was mailed, you may lose
all of the money transferred after the 60 days if the Bank
can prove that it could have prevented the loss had you reported
it promptly. The Bank may extend the time periods for a good
reason, such as a long trip or hospital stay, which might
keep you from notifying the Bank.
The Bank shall be responsible
for performing services expressly provided for in this Agreement,
and shall not be liable for any error or delay, so long as
the Bank acted in accordance with the terms and conditions
hereof. The Bank shall not be liable if you do not have sufficient
funds in a designated account to complete the transaction
you initiate or if the account is closed. The Bank shall
not be liable if you have not given the Bank complete, correct
or current transfer or payment instructions or if you have
not followed proper instructions given through Online Banking.
The Bank shall not be responsible for any loss, damage, liability,
or claim arising, directly or indirectly from any error,
delay or failure in performance of any of its obligations
hereunder which is caused by fire or other natural disaster,
strike, civil unrest, any inoperability of communications
facilities or any other circumstances beyond the control
of the Bank.
I certify that I am at least
18 years of age, and that I have read, understand and agree
to all terms, conditions and disclosures indicated on the
previous screens and that I have truthfully and fully completed
all items on this application.
My initial use of Patriot
Bank of Georgia Online
Banking product constitutes my acceptance and agreement to
be bound by all of the terms and conditions of this agreement
and acknowledges my receipt and understanding of this agreement.
The
Bank has the right to modify or terminate this Agreement
at any time. We will comply with any notice requirements
under applicable law for such changes or termination. If
we terminate this Agreement, no further Online Banking
transfers will be made, including but not limited to any
payments or transfers scheduled in advance or any preauthorized
recurring payments or transfers. If we modify this Agreement,
your continued use of Online Banking services will constitute
your acceptance of such changes in each instance.