online banking disclosure
Security Bank and Trust Company
Online Banking Agreement
This Online Banking Agreement (The “Agreement”) governs your use of Security Bank and Trust Company’s (SBTC) Online Banking Service (the “Service”). By subscribing to the Service or using the Service, you agree that you have complied with online instructions in accessing the Service and that you will be bound by the terms of this Agreement. Please read this Agreement carefully and keep a copy for your records.
In this Agreement, “you” or “your” refers to the person(s) subscribing to or using the Service; “we” “us” or “our” refers to and any agent, independent contractor, designee, or assignee may, in its sole discretion, involve in the provision of the Service.
1. The Service. This agreement applies whether accessing your accounts through the Internet or software. You can check the balance in your designated accounts (the “Accounts”), request transfer(s) of funds between eligible accounts, and request payments to designated third parties (“Payees”).
2. Systems Requirements.
• Apple Safari 4.0
• Apple Safari 5.0
• Apple Safari 5.0 for Mac
• Chrome 15.0
• Chrome 16.0
• Firefox 3.5
• Firefox 4.0
• Firefox 7.0
• Firefox 8.0
• Google Chrome 9.0
• Microsoft Internet Explorer 7.0
• Microsoft Internet Explorer 8.0
• Microsoft Internet Explorer 9.0
• Microsoft Internet Explorer 10.0
• Opera 10.0
• Opera 11.0
• Apple Safari 5.0 on PC
• Apple Safari 5.0 for Mac
• Firefox 4.0 or higher
• Firefox 6.0
• Google Chrome 12.0
• Google Chrome 12.0 for Mac
• Google Chrome 9.0 or higher
• Microsoft Internet Explorer 7.0
• Microsoft Internet Explorer 8.0
• Microsoft Internet Explorer 9.0
• Opera 11.0
• Opera 11.0 or higher
Operating Systems for both Retail and Business Online
• Microsoft Windows 7 – 32 bit – All Editions
• Microsoft Windows Vista – 32 bit – Business
• Microsoft Windows XP – 32 bit – Professional Edition
• MAC OS
For Microsoft Money or Intuit’s Quicken, see systems requirements included with the software package.
3. Certain Activities. We may, but are not required to, deny authorization for any internet gambling transactions. You agree not to use the Service or any of your Accounts for any illegal activity. You agree that use of the Service or your Account for illegal activity will be deemed an action of default and/or breach of contract and, in such event, the Service and/or any of your Accounts may be terminated at our discretion. You further agree that should illegal use occur, you waive any right to sue us for such illegal use or any activity directly or indirectly related to it, and you agree to indemnify and hold us harmless from any suits, legal action, or liability directly resulting from such illegal use.
4. Your Password. You understand your password or PIN can be used to expend funds from your account and this code must be safeguarded. You authorize SBTC and its agents to follow any instructions transmitted by use of this code, and agree to be bound thereby. If accessing a business or non-commercial account, you certify you are authorized to use the PIN or password. SBTC is entitled to act upon instructions received through any Online Banking Services under your PIN or password without inquiring into the identity of the person using the PIN or password. However, you agree you will not under any circumstances, disclose your PIN or Password to any person. You are liable for all transactions made or authorized using your PIN or password. SBTC has no responsibility for establishing the identity of any person or determining the validity of any transaction received using your PIN or password. If you provide your PIN or Password to anyone, you authorize any transactions carried out by that person. SBTC assumes all transactions authorized my your PIN or Password are legitimate. You thereby indemnify and release SBTC from any and all liability and agree not to make any claim against SBTC or bring any action against SBTC in honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account or when you have provided your PIN or password to that person. You will notify SBTC at once if you believe that another person has improperly obtained your PIN or password, or has carried out unauthorized transactions. At any time, you may ask SBTC to disable your PIN or password an issue a new one.
If you have a business account, you are liable for all transactions occurring on that account. The owner of the business account authorizes all transactions made by any other persons. The owner of the business account agrees to be liable for any other parties designated (by being given PIN or Password) to conduct business on the account(s).
5. Our Liability for failure to Complete Transactions. We will process and complete all transfers (to and from eligible accounts) properly initiated through the Service in accordance with the online instructions provided within Online Banking and the terms of this Agreement. If we do not complete a transfer to or from your account on time or in the correct amount in accordance with online instructions provided with Online Banking and under the terms of this Agreement, our liability for your losses and damages will be limited to those directly and proximately caused by our failure, not to include indirect, consequential, special or exemplary damages. Further, we will not be liable if:
a. Through no fault of ours, you do not have enough money in your account to make the transfer or payment.
b. The Service, your PC, or modem is not working properly and you knew about the malfunction when you started the transfer or payment.
c. A Payee mishandles or delays handling payments sent by us.
d. You have not provided us with the correct Payee name, address, account information or payment amount.
e. Circumstances beyond our control (such as fire, flood, or delay in the U.S. Mail) prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances.
f. We determine that the transaction is related to internet gambling or to some illegal activity as set forth in Section 3.
6. Statements. All of your payments and funds transfers made through the Service will appear on your monthly account statement(s). The Payee name, payment amount, and Transaction Date will be reflected for each payment made through the Service. You agree that we may make your statement available to you online instead of by mail. We will, however, mail you a written statement if requested within the time permitted by law after your statement closing date. To request a written statement, you may call (731) 644 8062.
7. Fees. All Online Banking Services offered by SBTC are governed by this Agreement, as well as applicable Federal Regulatory disclosures and the Deposit Account Terms and Conditions of SBTC. All applicable fee schedules published by SBTC from times to time will apply to the Online Banking Services. You are responsible for the payment of any fees incurred by you on any account for any services at any time. You agree to pay all such fees upon request of SBTC. Further, you agree to pay all telephone charges or fees incurred by you accessing Online Banking Services. Online Banking Services requests you to have Internet access established.
8. Equipment. We are not responsible for any loss, damage or injury resulting from (i) an interruption in your electrical power or telephone service: (ii) the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality; or (iii) any defect or malfunction of your PC, modem or telephone line. We are not responsible for any services relating to your PC other than those specified in this Agreement.
9. Business Days/Hours of Operation. The Service is generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday, excluding Bank or Federal Holidays. Transfers made after 3:00 P.M. Central Time will be processed the next business day.
10. Notice of Your Rights and Liabilities. (a) Business Accounts. This section applies to transactions on accounts that are not primarily established for personal, family or household purposes and to transactions that are not otherwise subject to the federal Electronic Funds Transfer Act (EFTA). You agree to tell us of any unauthorized transactions, or the loss or compromise of your password, within two (2) business days of discovery. You may call (731) 644 8062. If you do not notify us in two business days, we will not be responsible for unauthorized transactions that we could have prevented had you provided timely notice. In no event may you assert an unauthorized transfer claim against us more than 14 days after the record of such transfer became available online for access through your PC, whether or not such information was accessed.
(b) Consumer Accounts. This subsection applies only to accounts that are established primarily for personal, family or household purposes. Tell us AT ONCE if you believe that your password has been lost, stolen or compromised. Otherwise, you could lose all the money in your accounts accessed by the password. Telephoning is the best and fastest way of keeping your possible losses down.
If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:
(731) 644 8062 or write to:
SBTC – Operations Dept.
P. O. Box 1209
Paris, TN 38242
If you tell us within two (2) business days after you discover that your password has been lost or stolen, you will have zero liability if someone used your password without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was made available 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) prevented you from telling us, we will extend the time periods.
11. Errors and Questions. In case of errors or questions about your electronic transfers or payments, you should telephone (731)644 8062.
We must hear from you no later than sixty (60) days after you received the FIRST statement or notification on your PC in which a problem or error appeared.
a. Tell us your name and account number.
b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
c. Tell us the dollar amount of the suspected error.
We will tell you the results of our investigation within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your account within ten (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 ten (10) business days, we may not re-credit your account.
For errors involving new accounts, point-of-sale, or foreign initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
If we decide there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.
12. Disclosure of Account Information to Third Parties. We will disclose information to third parties about your Accounts or the transactions you make:
a. Where it is necessary for completing a transaction; or
b. In order to verify the existence and condition of your Accounts to a third party, such as a credit bureau or merchant; or
c. In order to comply with a governmental agency or court orders; or
d. If you give us your written permission; or
e. For purposes of offering or providing you other products or services.
13. Authorization to Obtain Information. You agree that we may obtain and review your credit report from an authorized credit bureau. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments.
14. Termination. Your enrollment in Personal Online Banking or Personal Online Banking with Bill Pay will remain in effect until terminated by you or us.
15. Limitation of Liability. Except as otherwise provided in this Agreement, we are not responsible for any loss, injury or damage, whether direct, indirect, special or consequential, caused by the Service or the use thereof.
16. Software. The software programs providing the Services are provided “as is.” We disclaim all warranties whatsoever concerning the software, specifically including without limitation any warranty of fitness for a particular use or warranty of merchantability. The software contains trade secrets in its human perceivable form and, to protect them, you may not modify, translate, reverse engineer, decompile, disassemble or otherwise reduce the software to human perceivable form. You may not create derivative works based on the software or remove any proprietary notices, labels or marks on the software or accompanying documentation.
17. Entire Agreement. This Agreement is the complete and exclusive agreement between you and us related to the Service and supplements the Depositor Agreement 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.
18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Tennessee, without regard to any state’s conflicts of laws provisions.
19. Amendments. We may amend or change any of the terms and conditions of this Agreement under the same terms and conditions as we may make changes to the Depositor Agreement governing your accounts.
20. Severability. The same severability provisions, which are set forth in the bank’s Terms and Conditions of Your Account shall also apply to this Agreement.
21. The Bill Payment Service. You may make payments through the Service to any business, merchant, professional, or individual that generates a bill or invoice for products or services provided to you or on your behalf and that has an address we can verify.
Payments may be made only to Payees with a U.S. payment address. You may not make a payment of alimony, child-support, taxes, or other governmental fees or court-directed payments through the Service. SBTC does not recommend using online bill payment services to fund brokerage or investment services.
We may impose a dollar amount limit on bill payment transactions. We will notify you in the event such a limit is put in place.
Loan payments, other than the amount due, cannot be designated as principle, interest or payoff.
22. Your Personal Payee List. You must provide sufficient information about each Payee (“Payee Information”), as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct account (“Payee Account”) to credit with your payment. This information may include, among other things, the name and address of the Payee and your Payee Account number. You can enter your Payee Information using “Bill Pay Online”. Additions, deletions and modifications to Payee Information are also entered using “Bill Pay Online”. From time to time we may set or change the number of Payees you may designate to receive payments through the Service.
23. Payment Scheduling. The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Service is offered when you are scheduling the payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft, the draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.
24. Payment Guarantee. In addition to our liability as discussed above, and subject to the conditions specified in Section 3, we will reimburse you for any late payment fees or penalties you are charged, up to a maximum of $50 per scheduled payment, as a result of the failure of a Business Payee to receive a payment made through the Service by the Due Date if you meet each of the following conditions:
25. Deleting or Modifying Payments. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Service is offered. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
26. Payment Authorization and Payment Remittance. By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the Site. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Eligible Transaction Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.
The Service will attempt to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee (as described in Section 24 of the Bill Payment Terms) shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of the Service, your Eligible Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Eligible Transaction Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
27. Documentation. You will receive a monthly statement (unless there are no transfers in a particular month. In any case you will receive a statement at least quarterly.)
28. Electronic Records and Signatures. When any payment order or other Service generates items or transactions to be charged to your Account, you agree that we may charge the affected Account without requiring your signature on an item and without prior notice to you. Any transactions resulting from your instructions which we receive in your name and under your credentials shall be deemed to have been “a writing” and authenticated by you “in writing” for purposes of any law in which a writing or written signature is needed or required. All records maintained by us of transactions under your credentials shall be deemed to have been “signed” and to constitute an “original” when printed from records established and maintained by us or our authorized agent in the normal course of business. You agree not to contest the authorization for, or validity or enforceability of, our electronic records and documents, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files or records are to be in writing or signed by the party to be bound thereby. Records and “signed” documents, if introduced as evidence on paper in any judicial or other proceedings, will be admissible to the same extent and under the same conditions as other documentary business records. Upon our written request, you agree to manually sign or place your signature on any paper original of any record or “signed” document which we provide to you containing your purported signature.
29. Preauthorized Credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (731)644-8062 to find out whether the deposit has been made or you can view the transaction using the Service.
30. Transactions Limits on Savings and Money Market Deposit Accounts. No more than six transfers or withdrawals per calendar month or statement cycle of at least four weeks to another account or to a third party by preauthorized or automatic transfer, or telephonic agreement, order or instruction or by check, draft, debit card or similar order to third parties. If limits are exceeded your account may be closed or changed to another account type.
31. Multiple Party Accounts: For multiple party accounts, each person on the multiple party account will be liable for all transactions made on the account. Each person on a multiple party account authorizes all transactions made by any other signer(s) on the account(s). Each owner(s) on a multiple party account agrees to be liable for the actions of the other owner(s) on the account.