Primary Bank Online Banking Agreement/Disclosure
This Agreement governs the use
of Georgia Primary Bank Online Banking service and is made and entered
into by and between Georgia Primary Bank ("Bank"), also
referred to as "we" and each person who signs Bank's signature
card for the Account being accessed or is referenced on the Bank's
records as an owner of the Account, or each party whose signature
appears on a credit line application ("Customer"), also
referred to as ("you"). Each customer on the account is
jointly liable for all transactions initiated through Online Banking,
including overdrafts, even if the customer did not participate in
the transaction, which resulted in the overdraft.
Banking business days are Monday
through Friday, excluding Saturday, Sunday and federal holidays.
You may access Account information through Online Banking 24 hours
a day, 7 days a week, except for interruptions due to maintenance
or matters beyond the Bank's control.
Online Banking services and each
of your accounts are governed by the applicable Disclosures, Rates
and Fee Schedules provided by the Bank in your new account packet,
as each may be modified from time to time. Your initial use of Online
Banking services indicates your agreement to be bound by this agreement
and acknowledges your receipt and understanding of this document.
To subscribe to Online Banking,
you must maintain at least one deposit Account with the Bank. Online
Banking will allow you to access more than one Account, to view Account
balance(s) and transaction information, transfer funds among designated
Accounts, send electronic mail to the Bank, and receive electronic
mail from the Bank. The Bank reserves the right to deny the Customer
the ability to access Online Banking, to limit access or transactions
or to revoke a Customer's access to Online Banking without advance
notice to the Customer.
You are responsible for paying any
fees associated with Online Banking as outlined within this agreement
as well as any fees that may be accessed by your Internet Service
Provider and for any telephone charges or fees incurred by accessing
The Bank is entitled to act on
instructions received through Online Banking under your password
and without inquiring into the identity of the person using that
password. You should not under any circumstances disclose your password
by telephone or to anyone claiming to represent the Bank; Georgia
Primary Bank employees do not need and should not ask for your password.
You are liable for all transactions made or authorized using your
password. The Bank has no responsibility in establishing the identity
of any person using your password. If, despite the Bank's advice,
you give your password to anyone, you do so at your own risk since
anyone to whom you give your password or other means of access will
have full access to your account(s) even if you attempt to limit
that person's authority. You must contact the Bank immediately in
the event that your password has been lost, stolen or otherwise compromised
so that it will not be honored and can be disabled. You hereby release
the Bank from any liability and agree not to make any claim or bring
any action against the Bank for honoring or allowing any actions
or transactions where you have authorized the person performing the
actions or transactions to use your account(s) and/or you have given
your password to such person, or, in the case of a jointly held account,
such person is one of the Account owners. You agree to indemnify
the Bank and hold it harmless from and against any and all liability
(including but not limited to reasonable attorney fees) arising from
such claims or actions.
Account information displayed through
Online Banking is current information. Funds transfers between Account(s)
initiated on your computer using Online Banking and received by the
Bank by 4:00P.M. EST Monday through Friday will be effective on the
current business day. Funds transfers processed on your computer
using Online Banking and received after 4:00P.M. EST Monday through
Friday or all day Saturday, Sunday and banking holidays will be effective
the following business day.
Electronic mail to the Bank may
be delayed; therefore, if you need the Bank to receive information
concerning your Account immediately, you must contact the Bank in
person or by telephone (i.e. stop payments, to report a lost or stolen
ATM card or to report unauthorized use of your Account). The Bank
shall have a reasonable period of time after receipt to act on requests
or information you send by electronic mail.
The Bank will mail or deliver to
you periodic statements for your Bank Accounts as disclosed in your
deposit agreements. The Bank will include any transfers you authorize
through Online Banking on your statements. You agree to review your
periodic statements in accordance with this Agreement and any other
deposit Agreements governing your Account, for accuracy of all data
transmitted through Online Banking. You should promptly notify the
Bank of any discrepancies, including but not limited to, any errors
or inaccuracies related to data transmitted by Online Banking.
Some of the terms set forth below
are governed by the Electronic Funds Transfer Act ("EFT Act"),
which is only applicable to consumers. Commercial Account holders
are not entitled to the rights provided under the EFT Act.
If you believe unauthorized transactions
are being made from your Account, please notify the Bank immediately.
Contact Georgia Primary Bank 404 231-4100 or write the Bank at: 3880
Roswell Rd., Atlanta, GA. 30342.
If you feel that any statement
is wrong, or you wish to have more information about a transfer listed
on a statement, contact us in writing or by telephone. We must hear
from you within sixty (60) days after we send you the FIRST statement
on which the problem or error appeared. When you contact us,
1) Tell us your name and Account
2) Describe the error or the transfer
you are unsure about, and explain as clearly as possible why you
believe it is an error or why you need more information.
3) Tell us the dollar amount of
the suspected error.
If you notify us by telephone,
we may require that you send us your complaint or question in writing
within ten (10) business days. If we ask you to put your complaint
or question in writing and we do not receive it within ten (10) business
days, we may not provisionally credit your Account.
We will tell you the results of
our investigation within ten (10) business days after notice of the
problem and will correct any error promptly. If we need more time,
however, we may take up to ninety (90) days to investigate complaints
or questions concerning foreign-initiated transfers, or up to forty-five
(45) days to investigate all other electronic transfers. If we need
this extended time to investigate, we will provisionally credit your
Account within ten (10) business days for the amount you think is
in error. You will have the use of the money during the time it takes
us to complete the investigation. If we decide no error occurred,
we will send you a written explanation within three business days
after our investigation is completed. You may ask for copies of the
documents we used in our investigation.
You shall be responsible for all
transfers you authorize through Online Banking. You shall also be
responsible for all transactions initiated by persons to whom you
have given your password. You must report to the Bank AT ONCE if
the password has been lost or stolen. Telephoning is the best way
of minimizing possible losses. Failure to notify the Bank could result
in the loss of all money in your Account plus your maximum line of
credit, if you have one. If you report to the Bank within two (2)
business days, the loss sustained by you will be no more than $50
if your password is used without your permission. If you do not report
to the Bank within two (2) business days after learning of the loss
or theft of the password, and the Bank can prove that it could have
prevented someone from using the password without your permission
had it been notified, you could lose as much as $500. Also, if the
statement shows electronic transfers you did not make, report them
to the Bank at once. If you do not tell the Bank within 60 days after
the statement was mailed, you may lose all of the money transferred
after the 60 days if the Bank can prove that it could have prevented
the loss had you reported it promptly. The Bank may extend the time
periods for a good reason, such as a long trip or hospital stay,
which might keep you from notifying the Bank.
The Bank shall be responsible for
performing services expressly provided for in this Agreement, and
shall not be liable for any error or delay, so long as the Bank acted
in accordance with the terms and conditions hereof. The Bank shall
not be liable if you do not have sufficient funds in a designated
Account to complete the transaction you initiate or if the Account
is closed. The Bank shall not be liable if you have not given the
Bank complete, correct or current transfer or payment instructions
or if you have not followed proper instructions given through Online
Banking. The Bank shall not be responsible for any loss, damage,
liability, or claim arising, directly or indirectly from any error,
delay or failure in performance of any of its obligations hereunder
which is caused by fire or other natural disaster, strike, civil
unrest, any inoperability of communications facilities or any other
circumstances beyond the control of the Bank.
I certify that I am at least 18
years of age, and that I have read, understand and agree to all terms,
conditions and disclosures indicated on the previous screens and
that I have truthfully and fully completed all items on this application.
My initial use of Georgia Primary
Bank Online Banking product constitutes my acceptance and agreement
to be bound by all of the terms and conditions of this agreement
and acknowledges my receipt and understanding of this agreement.
The Bank has the right to modify
or terminate this Agreement at any time. We will comply with any
notice requirements under applicable law for such changes or termination.
If we terminate this Agreement, no further Online Banking transfers
will be made, including but not limited to any payments or transfers
scheduled in advance or any preauthorized recurring payments or transfers.
If we modify this Agreement, your continued use of Online Banking
services will constitute your acceptance of such changes in each