FNBanking Online Banking Agreement

This Online Banking Agreement (the “Agreement”) governs the use of First National Bank’s Online Banking service (“FNBanking”) and supplements the Terms and Conditions agreement governing your accounts with us (the “Deposit Agreement”).  In the event of any inconsistency between this Agreement and your Deposit Agreement, this Agreement will control. 

Subscribing to FNBanking; Your Agreement to Terms. 

To subscribe to FNBanking, you must maintain at least one deposit account with the Bank (an “FNB Account”), complete the online enrollment form, and agree to the terms of this Agreement.  To complete the online enrollment form you must complete all required fields as indicated on the form.  The Bank reserves the right to deny any person the ability to access FNBanking, to limit access or transactions, or to revoke your access to FNBanking without advance notice to you. 

After you have completed and submitted your online enrollment form, we will assign you a password needed to access FNBanking.  The next time you sign on, you will be asked to change your password.  For your protection, we highly recommend that change the password that we have assigned to you.  Before you may use FNBanking, you then must read this Agreement and accept its terms by clicking on the “I Agree” box on your screen.  By clicking on “I Agree,” you thereby agree to be bound by this Agreement and acknowledge your receipt and understanding of this document.  FNBanking services and each or 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. 

You are responsible for paying any fees associated with FNBanking as outlined within this agreement as well as any fees that may be assessed by your Internet Service Provider and for any telephone charges or fees incurred by accessing FNBanking.

Available Services.  As a FNBanking customer, you can conduct the following activities and transactions, subject in all cases to this Agreement:

• View the available balance for all of your FNB Accounts; this balance may not reflect recent transactions if they have not yet posted to your account;
• For all of your FNB Accounts, view all transaction information relating to transactions for the prior 180 days; this information may not reflect any recent transactions that have not yet posted to your account;
• Transfer funds among your designated FNB Accounts;
• Request stop payments on checks drawn on your FNB Account(s); and
• Send electronic mail to the Bank.  Please note:  Although you maybe able to send the Bank e-mail, you will never receive e-mail from the Bank.

Instructions from You/Your Responsibilities. We are entitled to act upon instructions received through any FNBanking service under your Username and Password and without inquiring into the identity of the person using that Username and Password. Under no circumstances should you disclose your password by telephone or to anyone claiming to represent the Bank; First National Bank’s employees do not need and should not ask for 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 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 that if you give your Username and Password to anyone or fail to safeguard its secrecy, you do so at your own risk. Anyone with your Username and Password will have access to your accounts. You agree to notify the Bank immediately in the event that your password is lost, stolen, or otherwise compromised. At any time, you may ask the Bank to disable your Password and issue a new one to you.

Our Responsibilities.  The Bank shall be responsible only 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 it complete, correct or current transfers or payment instructions or if you have not followed proper instructions given through FNBanking.  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 are 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.

Joint Accounts.   Each person on a joint account will be liable for all transactions that are made on the account. Each person on a joint account authorizes all transactions made by any other person on the account, and each person on a joint account agrees to be liable for the actions of the other person(s) on the account.

Fund Transfers; Cut-Off and Processing Times.  Funds transferred between Accounts initiated on your computer using FNBanking’s Express Transfer option and received by the Bank by 4:00 p.m., Eastern Time, on a Business Day will be processed on the current Business Day.  Funds transferred between Accounts initiated on your computer using FNBanking’s Express Transfer option and received on a non-Business Day or after 4:00 p.m., Eastern Time, on a Business Day Monday through Friday or all day Saturday, Sunday and banking holidays will be effective the following Business Day.  Scheduled transfers will be processed and made effective on the following Business Day.  For a transfer of funds to be effective on the current Business Day, please us the Express Transfer option before 4:00 p.m., Eastern Time, on a Business Day.

Stop Payments.  All stop payment orders made through FNBanking on Business Days prior to 4:00 p.m., Eastern Time, will be processed that Business Day.  All stop payment orders made through FNBanking on a non-Business Day or after 4:00 p.m., Eastern Time, will be processed the following Business Day.  For stop payment orders needing immediate assistance, you should contact your local Bank branch office between the hours of 9:00 a.m. and 5:00 p.m., Eastern Time, at (706) 554-8100.  The Bank will not be held liable for any stop payment requests that are not received in the manner required by law and within a period of time that gives us reasonable opportunity to act on it.  To be effective, your stop payment request also must precisely identify the number, date and amount of the check, and the payee. 

Electronic Mailing to the Bank.  Electronic mail to the Bank may be delayed; therefore, if you need the Bank to receive information concerning your FNB Account immediately, you must contact the Bank in person or by telephone (i.e. to report a lost or stolen ATM card, to report unauthorized us of your Account, etc.).  The Bank shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.

Periodic Statements. The Bank will mail to you periodic statements for you FNB Accounts as disclosed in your Deposit Agreement and in the Electronic Funds Transfer Disclosures and Agreement below.  The Bank will include any transfers you authorize through FNBanking on your statements.  You agree to review your periodic statements in accordance with this Agreement and your Deposit Agreement for accuracy of all data transmitted through FNBanking.  You should promptly notify the Bank of any discrepancies, including but not limited to, any errors or inaccuracies related to data transmitted by FNBanking. 

Indemnification.  You hereby indemnify and release the Bank, and the Bank’s employees, officers, directors, and agents, from any and all liability, and you agree not to make any claim against the Bank or bring any action against the Bank honoring or allowing any actions or transactions in which you have authorized the person performing the action or transaction to use your account or when you have provided your Username and Password to that person. You agree to reimburse the Bank for any losses it suffers or any damages, injuries, costs, or expenses it incurs (including attorney’s fees), as a result of the Bank’s honoring or allowing transactions on the account in which the Username and Password were used. The limitations of liability set forth in this Agreement are subject to, and limited by, any state or federal law to the contrary.

Electronic Funds Transfers
Your Rights and Responsibilities

The following Electronic Funds Transfer Disclosure and Agreement replaces in its entirety the Electronic Fund Transfers Agreement included with your Deposit Agreement.  As noted below as appropriate, certain of these provisions apply only to “Consumer Accounts,” meaning FNB deposit accounts opened by a natural person for personal, family or household purposes.

Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account.  Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed.  You should keep this notice for future reference. 

Electronic Funds Transfers Initiated by Third Parties.  You may authorize a third party to initiate electronic funds transfers between your account and the third party’s account.  These transfers to make or receive payment may be one time occurrences or may recur, as directed by you.  These transfers may use the Automated Clearinghouse (ACH) or other payments network.  Your authorization to the third party to make these transfers can occur when the merchant posts a sign informing you of their policy.  In all cases, the transaction will require you to provide the third party with your account number and bank information.  This information can be found on your check as well as on a deposit or withdrawal slip.  Thus, you should only provide your Bank and Account information (whether over the phone, the Internet, or some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:

• Preauthorized credits - You may make arrangements for certain direct deposits, such as U.S. Treasury (Social Security) or some employers (payroll), to be accepted into your checking or savings account(s).
  
  
• Preauthorized payments - You may make arrangements to pay certain recurring bills from your checking accounts.
  
  
• Electronic Check Conversion – You may provide your check to a merchant or service provider who will scan the check for the encoded bank and account information.  The merchant or service provider will then use this information to convert the transaction into an electronic funds transfer.  This may occur at point of purchase or when you provide your check by other means such as by mail or drop box.
  
  
• Electronic Returned Check—Some merchants or service providers may initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.
  
  

First Connection Telephone Transfers - types of transfers - You may access your account by telephone 24 hours a day at 706-437-9300 using a touch tone phone your account numbers and your password to:

Types of Debit Card Point-of-Sale Transactions - You may access your FNB checking account(s) to purchase goods (in person, online or by phone), pay for services (in person, online or by phone) get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept with a debit card.

Point-of-Sale Transactions - dollar limitations and charges - Using your card:

• You may not exceed $750.00 in transactions per day with a non-photo debit card
• You may not exceed $1,500.00 in transactions per day with a photo debit card
• Limited to 20 transactions per day

Advisory Against Illegal Use. You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.

Change to Currency Conversion & International Transactions
The fee we charge you for using your Visa®-branded debit card (Card) in an international transaction has changed. Your continued use of the card after the effective date listed below acknowledges acceptance of these amended terms. The Currency Conversion section in the agreement between you and us is amended to read as follows:

Currency Conversion and International Transactions. When you use your Visa-branded debit card at a merchant that settles in currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is either:

• A rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa receives, or
• The government-mandated rate in effect for the applicable central processing date

The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date.
Visa USA charges us a .8% International Service Assessment on all international transactions, regardless of whether there is a currency conversion. If there is a currency conversion, the International Service Assessment is 1% of the transaction. In either case, we pass this international transaction fee on to you. An international transaction is a transaction where the country of the merchant is outside the USA.

Online Banking (FNBanking) - types of transfers - You may access your FNB account(s) by computer using your user ID, your password, and Internet access to www.fnbwaynesboro.com to:

• Transfer funds from one of your FNB deposit accounts to another of your FNB deposit accounts, excluding certificates of deposit.
• Make payment from your First National Bank account(s) and savings account(s) to your loan account(s) with us.
• Request stop payments on checks drawn on your FNB Account(s).
• Get information about:
  • The available balance for all of your FNB Accounts.
  • For all of your FNB Accounts, all transaction information relating to transactions for the prior 180 days.

 FEES

• We do not charge for direct deposits to any type of FNB deposit account.
• We will charge you $5.00 to issue a photo debit card.
• We will charge you $5.00 for a replacement non-photo debit card or $7.00 for a replacement photo debit card.
• We charge $1.00 for each foreign ATM usage.
• We charge $.50 for each Bill Pay transaction in excess of 15 per month.
• We charge an additional $20.00 NSF fee for each payment issued through FNBill Pay that is insufficient.

Please refer to a separate fee schedule for additional information about fees.  Except as indicated elsewhere, we do not charge for these electronic fund transfers.

ATM Operator/Network Fees.  When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used to complete the transfer (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

DOCUMENTATION

• Terminal transfers. You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines or point-of-sale terminals.
• 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 706-554-8100or access FNBanking online at www.fnbwaynesboro.com to find out whether or not the deposit has been made.
• Periodic statements. 

You will get a monthly account statement from us for your FNB checking and money market accounts. 
You will get a monthly account statement from us for your other savings account (other than money market), unless there are no electronic fund transfers in a particular month.  In any case, you will get a statement at least quarterly. 

PREAUTHORIZED PAYMENTS

• Right to stop payment and procedure for doing so.  If you have told us in advance to make regular payments out of your account, you can stop any of these payments.  Here is how:
  
  Call or write us at the telephone number or address listed in this brochure in time for us to receive your request 3 business days or more before the payment is scheduled to be made.  If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.  We charge $28.00 for each stop payment.
  
  
• Notice of varying amounts.  If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be.  (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
  
  
• Liability for failure to stop payment of preauthorized transfer.  If you have a Consumer Account and you order us to stop one of these payments from such account 3 business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.

Our Liability for Failure to Make Transfers or Making a Transfer Late

If a transfer you request relates to your Consumer Account: if we do not make the transfer that you requested on time subject to this Agreement, or we do not make a transfer in the correct amount according to your instructions given in accordance with this Agreement, we will be liable for your proximate caused damages. However, there are some exceptions. We will not be liable with regard to any Deposit Account or FNBanking transaction if, for instance:

• through no fault of ours, you do not have enough available funds in your FNB Account to make the transfer;
• circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or a natural disaster) prevent or delay the transaction despite reasonable precautions taken by us;
• your computer, the phone lines, or the Bank's computer systems were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer; 
• the funds in your Account are subject to legal process, an uncollected funds hold, or are otherwise not available for withdrawal;
• the information supplied by you or a third party involving your Account or transfer is incorrect, incomplete, or untimely;
• we have a reasonable basis for believing that unauthorized use of your User ID, PIN or Account has occurred or may be occurring; or
• for any other reason specified in this Agreement.

Without limiting the foregoing, the Bank also shall not be liable for late charges, interest, penalties or other amounts incurred by any depositor for the depositor's failure to allow sufficient time for processing of any transfers so long as the Bank has complied with the provisions of this Agreement.

Unless otherwise required by Law, the Bank will not be liable to you under any circumstances for special, indirect, or consequential damages, including, without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages.

CONFIDENTIALITY

We will disclose information to third parties about your account or the transfers you make:
(1)  where it is necessary for completing transfers; or
(2)  in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
(3)  in order to comply with government agency or court orders; or
(4)  you give us permission; or
(5)  as explained in the separate Privacy Disclosure.

UNAUTHORIZED TRANSFERS

(a) Your liability.

• Generally.  Tell us AT ONCE if you believe your card and/or code has been lost or stolen.  Telephoning is the best way of minimizing your possible losses.  You could lose all the money in your account (plus your maximum overdraft line of credit). 
  
  If the loss or theft relates to your Consumer Account and you tell us within 2 business days, you can lose no more than $50 if someone used your card and/or code without your permission.  (If the loss or theft relates to your Consumer Account and you believe your card and/or code has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card and/or code to access your Consumer Account without your permission.) 
  
  If the loss or theft relates to your Consumer Account and you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.
  
  Also, if your statement shows transfers that you did not make, tell us at once.  If you do not tell us within 60 days after the statement was mailed 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) kept you from telling us, we will extend the time periods.

• Additional Limit on Liability for Visa®-branded Debit Card.  Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa®-branded Debit Card.  This additional limit on liability does not apply to ATM transactions, to transactions using your Personal Identification Number which are not processed by Visa®, or to cards issued for accounts that are not Consumer Accounts.

(b) Contact in event of unauthorized transfer.  If you believe your card and/or code have been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this brochure.

In case of Errors or Questions About Your Electronic Transfers.  If you think your statement or receipt is wrong, call or write us at the telephone number or address listed in this brochure as soon as you can.  We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. 

• Tell us your name and account number (if any).
• 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.
• 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.

Contact by phone:
First National Bank’s Bookkeeping Department at 706-554-8100

Or write to:
First National Bank, P.O. Box 647, Waynesboro, GA 30830

The following applies only to Consumer Accounts.

• We will determine whether an error occurred within 10 business days (5 business days for Visa®-branded Debit Card point-of-sale transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question.  If we decide to do this, we will credit your account within 10 business days (5 business days for Visa®-branded Debit Card point-of-sale transactions and 20 business days if the transfer involved a new account) 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 we do not receive it within 10 business days, we may not credit your account.  Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

• We will tell you the results within 3 business days after completing our investigation.  If we decide that there was no error, we will send you a written explanation.
  
  You may ask for copies of the documents that we used in our investigation.

For non-Consumer Accounts, we will determine whether an error occurred in a reasonable time and, if there was an error, credit your account for the appropriate amount.

I ACCEPT          |          I DECLINE