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Master Internet Banking Agreement

This Internet Banking Agreement and Disclosure (“the Agreement”) governs your use of Internet Banking and Mobile Banking Services of First City Bank. By using our Internet Banking Services, you agree to all the terms and conditions of this Agreement. Please read these Terms and Conditions carefully and keep them for future reference.

Definitions

You or Your – The person(s) subscribing to or using Internet Banking. We, Us, or Our – Refers to First City Bank.

Business Day – Any calendar day other than Saturday, Sunday, or any holidays recognized by us. Bill payments are processed on all business days that both the Federal Reserve Bank and the U.S. Postal System are operating and open for business.

Business Day Cut-Off – For posting purposes, the cut-off time for internal account transfers is 8:00pm EST/EDT. External account transfers must be submitted by 4:00pm EST/EDT and Mobile deposits must also be submitted by 4:00pm EST/EDT. Any transfers or Mobile deposits received after their respective cut-off times will be processed the next business day.

Same Day ACH Cut-Off for Cash Management Customers – For posting purposes, the bank will process Same Day ACH transactions received by 4:00pm EST/EDT on the banking day received. Transactions received after 4:00pm EST/EDT will be processed on the next banking day or on the effective date entered in the batch and will not be available for Same Day ACH.

Privacy Statement – We understand how important privacy is to our customers. We have taken steps to ensure your privacy for your personal and financial dealings with us. Our customer privacy statement can be obtained on our website at firstcitybankga.com or at any of our banking locations.

About Internet Banking

Our Internet Banking consists of an online banking website that provides a complete array of financial services for our customers. This website has security features not found on our publicly accessible website. Secure messages delivered via the Internet Banking secure messaging will be protected. Requests for confidential information to be sent via email cannot be completed.

The Internet Banking system that is accessible by our customers over the Internet currently consists of:

  • Account inquiries and balances
  • Up to 24 months of historical transactions
  • Transaction downloads
  • Account transfers
  • Secure applications
  • View detailed transactions
  • Electronic statements
  • Online check images
  • Payments to our loan accounts
  • E-Alerts
  • Recurring or automatic transfers

 

For customers who select Bill Payment, these additional functions are available:

  • One-time payments
  • Occasional payments
  • Recurring payments

 

For customers who request and are approved for Commercial Cash Management, these additional functions are available:

  • Initiate Automated Clearing House (ACH) debits and credits
  • Submit Wire Transfers
  • Remote Deposit Capture

Enrollment Process

The Internet Banking service requires you to complete the initial application process providing the information needed to enable the service. We will verify the information you submit for accuracy and authorization. Upon initial logon to the Internet Banking service, you will be required to complete a security process on each computer you use to logon to Internet Banking. Additional security measures are required for Cash Management customers. It is important that you maintain your current email address and phone number with us. You may update your email address on record with us within the “User Information” page in Internet Banking.

Electronic Delivery of Disclosures

By accepting the terms of this Internet Banking Agreement and Disclosure, you certify that you are able and willing to accept disclosures and/or documents electronically, as follows.

We may offer periodic statements and certain other disclosures or documents in electronic format to our Internet Banking customers. Other disclosures that we may send you in the future include but are not limited to deposit account disclosures (such as this Internet Banking Agreement), changes in account terms and fees, and privacy notices. We may also send you email correspondence or electronic messages within the Internet Banking Web site regarding resolution of problems in your account. We may provide disclosures in email attachments, or we may send you an email that tells you where these disclosures can be viewed on our website. You have a right to receive any of our disclosures and records in paper format. You may also withdraw consent to electronic delivery at any time. Additional fees may apply, and certain products and services may be limited. Please refer to the description of our deposit accounts and service charges to determine which fees may apply. If you have any questions about products available, fees and service charges, please contact us at info@firstcitybankga.com or 770-VIP-BANK.

To request disclosures and records in paper format or to withdraw consent from electronic delivery you can:

  • Call us at 770-VIP-BANK
  • Inform us in person at 21 North Main Street, Alpharetta, GA 30009
  • Send us a letter via S. mail to: First City Bank, Attn: Internet Banking Dept., 21 North Main Street, Alpharetta, GA 30009

 

Be sure to identify yourself and your accounts that you want to withdraw from electronic delivery authorization. Prior to acceptance of electronic delivery of disclosures and/or documents, you should verify that you have the required hardware and software to access and retain them. You will need a:

  • Computer with an Internet browser that is Secure Socket Layer (SSL)
  • Printer or storage medium for retention of the disclosures and documents, such as a hard drive. Retention may be electronic so long as the electronic record accurately reflects the information set forth in the disclosures and If we revise hardware and software requirements to access and retain electronic disclosures, we will notify you of these changes and provide you with a notice of your right to withdraw consent to electronic disclosure without the imposition of any fees.

 

Equipment and Software. A personal computer with access to the internet is required to use First City Bank’s Internet Banking service. To ensure you have the best experience using our Internet Banking service and get the most current security features to protect your personal and account information online, we ask that you use a Web browser that supports a commercially reasonable level of encryption. Our site is optimized for use with modern browsers and operating systems. If you use out of date browsers or operating systems, you may not be able to take full advantage of all the features of the site. Our mobile app may be downloaded from the Apple App Store or from Google Play and is functional on most modern mobile devices.

Virus Protection

We are not responsible for any computer virus, problems or malfunctions resulting from a computer virus, or related problems that may be associated with the use of an online system. We recommend that you routinely update your virus software, apply all security patches and firmware updates for your operating system and install a firewall on your PC. We are not responsible for any errors or failures resulting from defects or malfunctions of the financial software. WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED TO YOU REGARDING YOUR PC OR RELATED EQUIPMENT, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Log-On Security

Security is very important to the Internet Banking system. At the time you request the service, you will select a unique Username and then choose a Password that will be used to gain access to the system. Prior to activation, we will verify your identity and authorization to information associated with the account(s) that you requested tied to the service. Before gaining access to any account information, everyone is authenticated by their User ID and Password, authentication phrase, and a series of questions and answers selected by you. To help prevent unauthorized access and ensure the security of your accounts, we will end your online session if we have detected no activity for 15 minutes. This is to protect you in case you accidentally leave your computer unattended after you logged on. Because your Password is used to access your accounts, you should treat it as if you would any other sensitive personal data. You should carefully select a Password that is hard to guess. We suggest that you do not choose passwords that are easily identifiable with you such as a child’s name or a pet’s name. Keep your Password safe. Memorize your Password and never tell anyone. You may consider changing your Password occasionally, such as every 60 days. Passwords will expire after 180 days, but you may change your password at any time using the “Security Settings” page in Internet Banking. Alternatively, you may call us by dialing 770-VIP-BANK and request a password reset.

User ID, Password and Security Device Safeguards

You agree to exercise reasonable care to safeguard your Username, Password and Security Device, if applicable. It is your responsibility. Reasonable care includes but is not limited to not storing or writing any of this information with or on your computer, (do not write your Password down in your purse, wallet or in a computer file), and not allowing other individuals to conduct transactions using your Username, Password or Security Device. If this happens, you should request a new one to prevent unauthorized use. We will not be liable for any losses resulting from you permitting other people to use your Username, Password or Security Device to access the system.

Accounts

You may request access to any account on which you are a signer or owner. If you desire services that allow you to initiate payments or transfers from the account, you will need the required withdrawal authority over the account to be able to complete the transaction. By using the service, you agree to maintain one or more accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the system. If the accounts added to the service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated using your Username and Password are authorized unless we have been notified to cancel the service. Each joint account holder should have their own unique Username and Password. If your account has multiple parties who have the authority to withdraw funds, and you remove any of them from your account, you should notify the Internet Banking department at once to terminate that person’s authority from Internet Banking. You may contact us in person by visiting our office at 21 North Main Street, Alpharetta, GA 30009, by calling 770-VIP-BANK or by U.S. Mail at 21 North Main Street, Alpharetta, GA 30009. When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account without requiring your signature on the item.

Fees for the Internet Banking Service

While subject to change, Internet Banking and Bill Pay Service is available to our customers at no monthly charge.

Cancellation of Internet Banking

Your Internet Banking may be canceled at any time by us, in whole or part, without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. You will remain responsible for all transactions approved by the system prior to the cancellation, and for any other fees associated with the service. After cancellation, service may be reinstated once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. To reinstate services, you must call our Internet Banking department listed below in the Errors and Questions section.

Balance Inquiries, Bill Payments and Transfers Limitations

You may use Internet Banking to check the balance of your accounts, to transfer funds among your accounts and to view check images. There are no limits to the number of transfers or bill payments from your Checking Account. Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. If you have further questions, contact our Internet Banking department.

Bill Payment Service

It is easy to pay bills online. Simply set up your Payees by choosing from the database of vendors (Payees) that already exist, or by entering necessary information to schedule a payment. We can process payments to payees that have a U.S. Postal address. Payments to payees outside of the United States or its territories are prohibited. Due to liability issues, we will not accept payments to federal, state or local tax agencies. Otherwise, there is no limit to whom you pay or how many payees you may establish. The Bill Payment service will also allow you to see a history of all the payments made from your accounts. Your enrollment in the Bill Payment service constitutes your agreement for First City Bank’s third-party provider to initiate ACH debits to your accounts and/or to draw paper drafts against your accounts.

Limitation on Dollar Amounts

Subject to available balances, Bill Payments can be made to other individuals for any amount from $1.00 to $2,000.00. The daily limit is $2,000.00 for all transactions processed on one business day. This does not apply to payments made to businesses.

The Bill Paying Process

First City Bank will process variable payments (non-recurring payments) on the business day (generally Monday through Friday, except holidays). You designate the bill to be processed, provided the payment request is received prior to the cut-off time set by First City Bank, which is currently 4:00pm EST/EDT. Variable bill requests received after the business day cut off time, or at any time on a non-business day, will be processed on the next business day. First City Bank reserves its right to change the cut-off time by giving you notice as outlined in the Amendment and Termination section shown below.

YOU MUST ALLOW AT LEAST SIX (6) BUSINESS DAYS FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE MERCHANT. (IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE RECURRING PAYMENTS)

You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all Bill Payments requested, as well as any other payment obligations you have to the Financial Institution. First City Bank reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this Agreement.

If you do not have sufficient funds in the Account and the Financial Institution has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand. You further agree that First City Bank, at its option, may charge any of your accounts with us to cover such payment obligations. The Electronic Funds Transfer Act (EFTA) does not apply to paper check transactions that are processed through Bill Pay. EFTA only applies to electronic transactions.

Commercial Cash Management

In addition to the Internet Banking features listed above, corporate customers can use our online Commercial Cash Management service to initiate and upload ACH debits and credits. A separate Automated Clearing House (ACH) agreement, and enrollment form are required. Additional security may be required in order to access the Cash Management service.

Our Liability for Failure to Make Transfers

It is our responsibility to process all transfers and bill payments properly initiated through the Internet Banking system in accordance with this Agreement. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses and damages. However, neither we nor the Service Provider will be liable if:

  1. Funds are not shown on the system’s available balance in your account that is to pay for the bill or transfer at the time of transaction.
  2. Funds are subject to legal process or other encumbrances restricting the payment or
  3. You had knowledge of or questions about the possible malfunction of the system when you initiated the transaction.
  4. Any information provided by you about the Payee is
  5. There are delays in the handling of the payment by the
  6. Natural disasters (fire, flood, tornado, etc.) or other uncontrollable circumstances (mail delays, power failures, ) prevent proper completion and delivery of transactions.
  7. Other applicable laws and/or regulations exempt us from
  8. It can be shown that the merchant or payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of Internet Banking or our service
  9. It can be shown that the delay was caused by unusual mailing delays by the S. Post Office.

Notice of Your Rights and Liabilities

You must Tell us AT ONCE if you believe your Username or Password have been compromised, lost, stolen or used without your authorization. You could lose all the money in your Account (plus your maximum overdraft line of credit). Telephoning us at the number listed in the Error and Questions Section is the best way of limiting your possible loss.

If you tell us within two business days, you can lose no more than $50 if someone uses your Username or Password without your permission. If you do NOT tell us within two business days after you learn of the loss, theft or compromise of your Username or Password and we can prove we could have stopped someone from using it without your permission if you had told us, you could lose as much as $500. Also, tell us AT ONCE if your statement shows transfers that you did not make or authorize. If you do not tell us within 60 days after that statement was mailed or made available to you, you may not be able to recover 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.

Errors and Questions

In cases of errors or questions concerning transactions completed with Internet Banking (including Bill Pay), or in any other manner, do one of the following, as soon as possible:

  • Email us at: info@firstcitybankga.com
  • Telephone our Internet Banking Department at 770-VIP-BANK
  • Write to the Internet Banking Department; 21 North Main Street, Alpharetta, GA 30009

 

We must hear from you within 60 days after we send you the first statement or notification in which an error or problem appeared. Please include the following information:

  1. Name
  2. Account Number and Username
  3. Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more Please include any reference numbers or descriptive language shown on the statement or receipt that will help us identify the transaction.
  4. The amount of the suspected
  5. For a Bill Payer error, please include:
    • Account number used to pay the bill
    • Payee name
    • Date the payment was sent
    • Confirmation number
    • Payment amount
    • Payee account number for the payment in

 

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. We may take up to 20 business days if the transfer involves a new account. An account is considered new for 30 days after the first deposit is made if you are a new customer. If we need more time, we may require to 45 days, or up to 90 days if the transfer was not initiated within a state or involved a new account, to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days, or within 20 business days if the transfer involves a new account, for the amount you believe is in error, so that you will have use of the money during 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.

We will notify you of the results of our investigation within 3 business days after it is finished. If we believe there was no error, we will notify you in writing. You may ask for copies of the documents that we used in our investigation. You will be liable to us for any amounts credited pending our investigation.

Disclosure of Account Information to Third Parties

Information to third parties about your account(s) or the transaction(s) you make will only be disclosed if at least one of the following applies:

  • It is necessary to complete a
  • To verify the existence and condition of your account to a third party such as a credit bureau or
  • To comply with a governmental agency or court
  • If permission is given to us by you, which we may require to be in
  • Where otherwise required or permitted under state or federal laws and/or

Termination

You may terminate the use of Internet Banking by contacting us in writing by mail, email sent through the Internet Banking website, or personal delivery to us. If your account is closed or restricted for any reason, Internet Banking accessibility will automatically terminate.

Governing Law

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND BY THE INTERNAL LAWS (BUT NOT THE LAW OF CONFLICTS) OF THE STATE OF GEORGIA TO THE EXTENT APPLICABLE AND BY REGULATIONS OF ANY GOVERNMENTAL AGENCY HAVING JURISDICTION OVER US.

A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.

Amendments

Unless applicable law requires otherwise, this Agreement may be amended by us at any time by notice mailed to you at your last address known to us, or via electronic mail to your last email address known to us, to be effective not less than 30 days after the date mailed. If you do not want to be bound by the amendment, you have the right to terminate the Account before the effective date of the amendment. Either you or we may terminate this Agreement at any time without notice to the other. This Agreement will continue to govern matters relating to your Account whether such matters arise before or after termination.

Conflict with Clearing House Association Rules

If the terms of the Agreement conflict with the rules or operating guidelines of any clearing house association of which we are a member, the rules and operating guidelines of such clearing house association shall govern for all purposes.

Entire Agreement

This Agreement supplements any other agreements or disclosures related to your account(s).

In the event of a dispute regarding your Account, we will try to resolve this disagreement with you by looking to this Agreement. If there is a conflict between what one of our employees says and the terms of this Agreement, the terms of this Agreement will control. In the event of any disagreement hereunder or if conflicting demands or notices are made upon us relating to this Agreement, we may, at our discretion, refuse to comply with any claims or demands, or refuse to take any other action hereunder with regard to the subject matter of dispute so long as such dispute continues, and we may, at our discretion, pay the balance of the Account into the Registry of the Court for a judicial determination, and the parties with conflicting claims agree to pay our court costs and attorney’s fees and, in any such event, we shall not become liable to any person for failure or refusal to act or for the dishonor or refusal of any items presented for payment. For the purposes of this paragraph, this Agreement shall include any written agreement between you and us relating to electronic funds transfer, to the extent such agreement relates to an Account subject to this Agreement.

Your use of Internet Banking is considered your acceptance of these terms and conditions.

e-Delivery Disclosure

This enrollment form asks for your consent so that we can provide monthly account statements and/or notices to you in an electronic format rather than a paper format, should you choose e-Delivery. Before accepting, please read the following disclosures and requirements for accessing electronic documents.

Electronic statements provide all information available on paper statements. An email message will inform you each month when your statement is available online. Images of checks for the month can be easily accessed. Statements and check images will remain online in our secure Internet Banking portal for some time. After 24 months, a request can be made to have these items electronically delivered.

PLEASE NOTE: To access monthly account statements and disclosures electronically requires enrollment in Internet Banking as well as the following:

  • At least one First City Bank checking or savings
  • An internet connection and a commercially reasonable encrypted Web (Ex. Edge, Firefox, Chrome, Safari)
  • Access to a printer or storage medium such as a hard drive so that you may download and/or print disclosures and/or statements for your records, if you choose to do so.
  • Enrollment for e-Delivery must be completed by enabling the service within Internet Banking.

 

If you do not meet any of these requirements and want to receive electronic Statements, please contact by email or phone.

 

You may contact us to request paper copies. If a special need arises, we can prepare a paper-based version of any electronic record you have received for up to five years after the date it was created. You may change back to paper-based disclosures and statements, and you may change your disclosure format from electronic to paper within Internet Banking.

For assistance with updating your email address or with changing the method you have chosen to receive information, electronically or on paper, or if you have any questions, email us at info@firstcitybankga.com or call us at 770-VIP-BANK. You can also change your email address through the User Menu in our Internet Banking service.

By accepting, I certify that I have read the above disclosures and have the option to enable monthly electronic account statements. I have access to a computer that meets the technical requirements set forth above, and I have access to a printer, or the ability to download information in order to keep copies for my records. I will notify you of any changes in my email address, or if I no longer want to receive disclosures electronically.

Please print a copy of this agreement for your records.

Internet Banking External Funds Transfer Agreement

This external funds transfer authorization and agreement (the Agreement) states the conditions for the electronic funds transfer service to and from non-First City Bank accounts (the service) that will enable you to perform the transactions described in this agreement. When you use, or permit authorized persons to use the service, you agree to be bound by the terms of this agreement. These terms and conditions are in addition to those terms and conditions outlined in the Internet Banking terms and conditions and those that apply to any account you have with us. If the terms and conditions of this agreement conflict with the terms and conditions contained in the Internet Banking terms and conditions, the Internet Banking terms and conditions will control. By clicking on the button by which you elect to enroll in the service, you acknowledge that you have read, understand and agree to the terms in this agreement.

Definitions

Throughout this agreement, the words First City Bank, we, us or our mean, collectively, its subsidiaries and affiliates and all of their respective successors or assigns. You or your mean each authorized person who has an interest in the accounts that are accessible through the service. Whenever you are more than one person with respect to any such account or relationship, the obligations and agreements applicable to you under this agreement shall be deemed to be joint and several and solidary wherever appropriate.

Wherever other capitalized terms are used in this agreement, they shall have the meaning ascribed to them in the Internet Banking terms and conditions.

External Funds Transfers

Within Internet Banking, you may separately enroll for the option of transferring funds between your linked personal deposit accounts at First City Bank and certain deposit (checking, savings, or money market accounts) at other financial institutions. An inbound transfer moves funds into an account at First City Bank from an account outside First City Bank. An outbound transfer moves funds from an account at First City Bank to an account outside First City Bank. You will need to register each of your non-First City Bank accounts that you wish to use for these transfers. You agree that you will only attempt to register accounts for which you have the authority to transfer funds. First City Bank will post inbound transfers to your account on the Delivery By date. For outbound transfers, your funds will be debited on the business day following the send on date and arrive at your external financial institution on the Deliver By date. Consult your external financial institution for details on when funds will post to your account.

You authorize us to validate the external accounts with a test transfer, in which one or more low value payments will both be credited to the account. The test credits will always be the same or less amount, so the balance in any of your accounts will never be less than the actual balance.

Once the test transfer is complete, we will ask you to access your account to tell us the amount of the test credit or debit or any additional information reported by your financial institution. We may also verify your external account by requiring you to submit proof of ownership of the account.

Cut-off Time

The cut-off time for processing external transfers is 4:00pm EST/EDT. Any transfer initiated after the cut-off time will be considered as being initiated on the next business day.

Modifying or Cancelling Transfers

Pending transfer instructions can be cancelled or modified until the status changes to in Process. Instructions cannot be cancelled or modified after cut-off time for the transfer date.

Transfer Fees

There is no fee to initiate inbound or outbound external funds transfers. We may change our fee schedule at any time. If we make a change, you will be notified in writing as required by applicable law. Cancellation of the services for which fees are charged does not release you from liability for all fees assessed by us but not yet paid prior to your cancellation of such service.

Transfer Limits

Transfer limits are defined at enrollment to the service. These daily and monthly dollar limits apply to the total of all transfers for all accounts linked to the user profile. Any transfer initiated on a day that is not a business day counts toward the applicable limit for the next business day. A transfer remains in Process until fully processed and it will appear as in Process on your transfer funds tab within Internet Banking. Standard transfers typically remain in Process until the close of the third business day after the transfer is initiated.

We may change your transfer limits at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits without prior notice upon the occurrence of a disqualifying event.

Disqualifying Events

Your accounts with First City Bank are not current or are not in good standing if you have:

  • An overdraft, an over-limit item, or an item returned for insufficient funds with
  • respect to any First City Bank account during the current or three prior calendar
  • Any prior transfer to or from a non-First City Bank account which is cancelled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.

Status Email

First City Bank may periodically send messages to your primary email address during the external funds transfer process. These messages will provide information pertaining to the trial deposit process, confirm account linkages, and contain status updates for transfers in progress. Primary email addresses are defined in Internet Banking, and you are responsible for updating the address should it change. Email messages regarding the funds transfer process do not contain any non-public personal information and cannot be suppressed.

Unlawful or Prohibited Use

You warrant to us that you will not use this service for any purpose that is unlawful or not permitted, expressly or implicitly, by the terms of this agreement or by any applicable law or regulation. You further warrant and represent that you will not use this service in any manner that could damage, disable, overburden or impair the service or interfere with any other party’s use of the service.

Your Liability for Unauthorized Transfers

Please call us AT ONCE at 770-VIP-BANK if you believe your password has been lost or

stolen. Contacting us by telephone is the best way of keeping your losses down. You could lose all the money in your account. If you believe your password has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone used your password without your permission. If you do NOT tell us within two 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. Also, please tell us AT ONCE if your statement shows electronic fund transfers that you did not make. Contacting us by phone is the best way of keeping your possible losses down. 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. Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your account statement upon receipt. If you believe that your password has been lost or stolen or you find that our records and your records disagree, you must call us at 770-VIP-BANK. PLEASE DO NOT NOTIFY US BY EMAIL.

General

External transfer ACH service is subject to applicable Georgia and federal law, including but not limited to the Electronic Funds Transfer Act. External transfer ACH service is also subject to the rules of the National Automated Clearing House association (NACHA).

Our Liability for Failure to Complete Transfers

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for losses or damages only up to the amount of the transfer. However, there are some exceptions. We will NOT be liable if, through no fault of ours, you do not have enough money in your account to make the transfer; if circumstances beyond our control, such as fire or flood, prevent the transfer despite reasonable precautions we have taken; or for any other reason stated elsewhere in this Agreement. If we are ever required by law to pay interest on the amount of a transfer, you will be paid interest on a daily basis equal to the current annual percentage rate otherwise applicable to the account from which the funds transfer should have occurred. In the event we are ever liable to you for damages due to a transfer, your damages will be limited to actual damages only. We will not be responsible for incidental or consequential damages, court costs or attorney fees.

In Case of Errors or Questions About Your Electronic Transfers

Telephone us at 770-VIP-BANK or write to us at 21 North Main Street, Alpharetta, GA 30009 as soon as possible if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. 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, describe the error or the transfer you are unsure about, explain as clearly as you can why you believe it is an error or why you need more information, and tell us the dollar amount of the suspected error. If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, we may take up to 45 days, or up to 90 days for errors involving new accounts, to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days, or 20 business days for new accounts, for the amount you believe is in error, so that you will the use of the money during 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. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will need you a written explanation. You may ask for copies of the documents that we used in our investigation.

Amendments

We have the right to change this Agreement, including the fees and charges applicable to this service at any time. Changes may include the addition of new charges or terms. If we make changes, you will be notified as required by applicable law.

Terms and Conditions for Enabling Biometric Authentication with Mobile Banking

To enable biometric authentication (using Touch ID, Fingerprint, or Face ID), you are required to save your Bank Online ID on this device. The Bank does not control the functionality of Touch ID, Fingerprint, or Face ID and does not have access to your fingerprint(s) or facial recognition information. If any other individual has registered a biometric characteristic (such as a fingerprint) on this device or is able to access this device due to a biometric characteristic similar to yours (as may be possible via facial recognition applications), that individual will also be able to access this application without entering a username or password. You are solely responsible for all activities that occur using the FCB Mobile app. We expressly disclaim any liability with respect to unauthorized use of the FCB Mobile app via biometric authentication. Notify us immediately if you think that any unauthorized access has occurred.

For more information on how biometric functionality works on your device, please refer to your device manufacture’s support resources. There may be circumstances where biometric authentication will not function as expected, and you may be required to provide your username and password to sign in.

By choosing Accept, you agree to these Terms and Conditions. Choose Decline to cancel.