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.
In this Agreement, the terms we, us, our, FNB, and Bank refer to First National Bank; the terms you and your refer to the person completing the online enrollment form. If you have any deposit account with the Bank and jointly with any other person or persons, each such person is jointly and severally liable for all transactions initiated through FNBanking, including without limitation overdrafts, even if such person did not initiate, participate in, or benefit from the transaction. “Business Days” are Monday through Friday, excluding Federal holidays. “Consumer Account” means an FNB deposit account opened by a natural person for personal, family or household purposes.
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.
As a FNBanking customer, you can conduct the following activities and transactions, subject in all cases to this Agreement:
As a FNBanking Customer, you also may elect to make electronic bill payments from your FNB Accounts (the “Bill Payment Service”). You would make this election on our web site in our FNBanking area. However, the Bill Payment Service is provided by CheckFree, a company that is not affiliated with or otherwise part of the FNB organization. We therefore will have no responsibility or liability to you for that Bill Payment Service. CheckFree will provide you a separate terms and conditions agreement governing your bill payments through them. If you call us at 706-554-8100 concerning the Bill Payment Service we can attempt to help you address any questions, but most concerns will need to be addressed by CheckFree.
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.
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 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.
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.
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.
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 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.
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.
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.
We have the right to modify or terminate this Agreement or the Deposit Agreement at any time. When making changes, we will comply with all legal notice requirements. Once this Agreement is terminated, we will not allow any additional transactions on the account, nor will additional FNBanking services be permitted. If this Agreement is modified, your continued use of any FNBanking service will represent your acceptance of the changes.
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.
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:
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:
You may access your FNB deposit account(s) by ATM using your FNB ATM card and personal identification number or debit card and personal identification number to:
Some of these services may not be available at all terminals. Other transfer limitations may apply to your FNB accounts, as disclosed to you in your Deposit Agreement.
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.
Using your card:
The monthly fee for your debit card, whether or not you use it in the particular month and whether it is a photo or a non-photo debit card, is $1.00 per month.
You may access your FNB account(s) by computer using your user ID, your password, and Internet access to www.fnbwaynesboro.com to:
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).
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.
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:
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.
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.
(a) Your liability.
(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.
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.
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.