Online Banking Agreement

Georgia Primary Bank Consumer Online Banking Agreement

Effective Date: 04/19/2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.

Georgia Primary Bank (herein referred to as “GPB”, “Bank”, “us”, “we” and/or “our”) operates this website and the pages within (collectively, the “Website) in order to provide information about and/or to deliver products and services offered by Georgia Primary Bank. We require all users and viewers of the Website and associated online banking services (collectively, “Online Banking” or the “Services”) to agree to the terms of this Consumer Online Banking Agreement (this “Agreement”) as a condition to accessing or using Online Banking or the Services. By accessing Online Banking or utilizing the Services, you are indicating that you agree to be bound by the terms of this Agreement. If you DO NOT wish to agree to the terms of this Agreement, you should immediately discontinue using and accessing Online Banking, and should not utilize any of the Services. We may modify or add to this Agreement at any time and from time to time in our sole discretion without notice to you. You should periodically review this Agreement carefully in order to make sure that you are aware of the most current terms and conditions for the use of Online Banking.

General Information
This Agreement is made and entered into by and between Georgia Primary Bank and each person who signs a signature card for the accounts being accessed through Online Banking or for purposes of the Services or is otherwise referenced on the Bank’s records as an owner of such account, or each party who executes a credit line application and who seeks to utilize Online Banking or the Services (individually and collectively, “Customer”), also referred to as “you” or “your”. 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.

For purposes of this Agreement, “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 account and services documentation, including all associated disclosures, rate and fee schedules, and other documentation provided to you by the Bank in connection with the opening of your account(s) or application for credit, or from time to time (individually and collectively, your “Banking Agreements”), as each may be modified from time to time provided, however, that in the event of any conflict between your Banking Agreements and this Agreement, the terms of this Agreement shall control to the extent of such conflict. Certain services available through Online Banking may be made available through or by third parties (“Third Party Services”). You acknowledge and agree that Bank has no control over or liability for such Third-Party Services, and you agree to comply with any terms or use or other conditions to which you may agree in connection with such Third-Party Services. Your initial use of Online Banking 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 account with the Bank. Subject to the terms of this Agreement, Online Banking will allow you to access more than one account to view account balances and transaction information, transfer funds among designated accounts, set up and receive account notifications/alerts, manage debit card transactions (if applicable) and access Online Bill Pay and other Services provided within Online Banking. Certain functions in or Services provided through Online Banking are subject to additional service terms and approval processes. The Bank reserves the right to deny the Customer the ability to access Online Banking, to limit access or transactions the Customer may conduct within Online Banking, or to revoke a Customer’s access to Online Banking (in whole or in part) without advance notice to the Customer.

You are responsible for paying any fees associated with Online Banking as outlined within this Agreement, as disclosed in your Banking Agreements, or as disclosed in Online Banking, as well as any fees that may be accessed by your Internet Service Provider and for any data charges or fees incurred by accessing Online Banking.

Security Procedures
The Bank is entitled to act on instructions received through Online Banking under your password (among the “Security Procedures” agreed upon hereunder) 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.

You agree to comply strictly with the Security Procedures described above and any other Security Procedures the Bank directs you to use, which may include (without limitation) a (a) code, User ID, and/or Password; (b) Secure Socket Layer (SSL) with at least 128-bit encryption; (c) multi-factor authentication that utilizes User IDs, Passwords & Security Devices (if applicable); (d) challenge-response mechanism for forgotten Passwords; (e) required Password change every 180 days; (f) minimum Password length settings; (g) time-out limits to log inactive users of Online Banking; or (h) transaction dollar limits; or (i) other means, or method of authentication or identification used in connection with or as a Security Procedure (collectively, “Security Devices”). You acknowledge and agree that the Security Procedures prescribed in any given instance constitute commercially reasonable security procedures under applicable law for the initiation of the Services you utilize, including without limitation, transfers and access to confidential information. You authorize us to follow any and all instructions entered and transactions initiated using applicable Security Procedures or any Security Devices unless and until you have notified us, according to notification procedures prescribed by us, that the Security Procedures or any Security Device has been stolen, compromised, or otherwise become known to persons other than you or your representative(s) and until we have had a reasonable opportunity to act upon such notice.

You are solely responsible for advising us of any changes in your email, mobile device number or other electronic or postal addresses you use for this service.

You are solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data, systems, computers, and Security Devices in your possession or under your control. The Bank is not responsible for your computer’s security and any computer viruses (including, without limitation, programs commonly referred to as “malware”, “keystroke loggers”, “Trojans” and/or “spyware”), or problems, malfunctions, or non-authorized transactions resulting from any computer viruses or unauthorized counterparty, or any related problems that may be associated with the use of an online system or the Services. Any material downloaded or otherwise obtained is obtained at Customer’s own discretion and risk, and the Bank is not responsible for any damage to the Customer’s computer or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. The Customer is solely responsible for meeting any minimum hardware or software system requirements necessary for using Online Banking or otherwise communicated by the Bank, for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to the Customer’s operating systems, and for protecting, securing, and backing up any data and information stored in or on the Customer’s computer systems. The Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on the Customer’s computer systems or accessed through Business Online Banking.

Posting Time; Account Information and Statements; Error Resolution
Account information displayed through Online Banking is provided for your convenience only and does not replace your monthly accounts statement. Unless a different cutoff time is indicated in connection with a particular transfer method, fund transfers between account(s) at the Bank initiated using Online Banking and received by the Bank by 5:30 P.M. EST on a Business Day will be effective on that Business Day. Fund transfers between accounts at the Bank using Online Banking and received after 5:30 P.M. EST on a Business Day or on any non-Business Day will be effective the following Business Day that we are open. The posting of transactions to your Bank Accounts that are affected by other means are subject to the respective terms, conditions and funds availability policies set forth in the account and services documentation applicable to such transfers.

Electronic mail (email) 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 Debit 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 (“EFTA”), which is only applicable to consumers. Commercial account holders are not entitled to the rights provided under the EFTA.

If you believe unauthorized transactions are being made from your account, please notify the Bank immediately. Contact Georgia Primary Bank at 404-231-4100 or write the Bank at: 3880 Roswell Rd. NE, 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 provide your account number.
  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 require 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 believe to be in error, so that you will have the use of the funds 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 has 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 your 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 funds in your account, plus your maximum line of credit, if present. 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 be liable for as much as $500. Also, if your statement shows electronic transfers you did not make, report them to the Bank at once. If you do not alert the Bank within 60 days after the statement was mailed or delivered, you may be liable for all of the funds 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 qualified reason, such as a long trip or hospital stay, which may 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.

Amendment and Termination
The Bank has the right to modify, add to, or terminate this Agreement at any time. We will comply with any notice requirements under applicable law for such changes or termination. You may terminate this Agreement by giving thirty (30) calendar days prior notice to the Bank. If you terminate this Agreement, you authorize the Bank to continue making transfers you have previously authorized and to continue to charge monthly fees until such time as the Bank has had a reasonable opportunity to act upon your termination notice. Once the Bank has acted upon your termination notice, you may not conduct any further Online Banking transfers to or from your accounts, including but not limited to any payments or transfers scheduled in advance or any preauthorized recurring payments or transfers. If the Bank terminates this Agreement or your use of any applicable Online Banking service, the Bank reserves the right to make no further Online Banking transfers to or from your accounts, including any transactions you have previously authorized. Your obligation(s) to us under this Agreement or otherwise shall survive termination of this Agreement. If we modify or add to this Agreement, your continued use of Online Banking services will constitute your acceptance of such changes or additions in each instance.

Alerts
Your enrollment in Online Banking includes your enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Georgia Primary Bank account(s). Alerts are provided within the following categories:

  • Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
  • Account Alerts provide you with notification of important account activities or when certain changes are made to your Online Banking accounts. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Online Banking accounts.
  • Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alerts menu within Georgia Primary Bank Online Banking and Alerts menu within Georgia Primary Bank Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through Online Banking. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time or cancel old Alerts. We usually notify you when we cancel Alerts but are not obligated to do so. Georgia Primary Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

Methods of Delivery – We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e -mail message; or (d) your Georgia Primary Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

Alerts via Text Message – To stop Alerts via text message, text “STOP” to 99588 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Georgia Primary Bank Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 404-231-4100. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, and Verizon Wireless.

Limitations – Georgia Primary Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Georgia Primary Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Georgia Primary Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information – As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

No Warranties
THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, NEITHER WE OR ANY OF OUR LICENSORS OR OTHER SERVICE PROVIDERS GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF SUCH PARTIES’ CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICES, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE SERVICES ARE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE SERVICES OR ANY WEBSITE THROUGH WHICH THE SERVICES ARE OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Certification and Acceptance
By accepting and agreeing to be bound by all of the terms and conditions of this Agreement, you certify that you are at least 18 years of age and that you have read, understand and agree to all applicable terms, conditions and disclosures, and that you have truthfully and fully completed all items on your application for any account or credit with the Bank.

Your initial use of Georgia Primary Bank’s Online Banking products constitutes your acceptance and agreement to be bound by all of the terms and conditions of this Agreement and acknowledges your receipt and understanding of this Agreement.