Florida Community Bank
Online Banking Agreement
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Online Banking Agreement I. General Description of Online Banking and Transfers Outside Florida Community Bank Service Agreement ("Agreement") A. What This Agreement Covers This Agreement between you and Florida Community Bank governs the use of Online Banking services. These services permit Florida Community Bank customers (consumers, sole proprietors, and other business customers) to perform a number of banking functions on accounts linked to the service through the use of a personal computer. Unless indicated otherwise by the context, "linked Florida Community Bank accounts" or "linked accounts" refers to all of your accounts with Florida Community Bank or its affiliates that you have linked to Online Banking or Transfers Outside Florida Community Bank. Note that only Cash Management accounts have the ability to transfer funds outside of Florida Community Bank. B. Accepting the Agreement When you use any of the Online Banking services described in this Agreement or Transfers Outside Florida Community Bank, or authorize others to use them, you agree to the terms and conditions of the entire Agreement. II. Online Banking Services A. Online Banking for Consumers and Businesses: To use Online Banking you must have: • An Internet access device with service through an Internet service provider. • An Online ID and Online passcode. • A computer equipped with a modem or an Internet connection. You must have Online Banking to make Transfers Outside Florida Community Bank. (Cash Management Only) You may use Online Banking to: • Transfer funds between your linked Florida Community Bank accounts on either a one-time or recurring basis, including as a payment to a linked installment loan or mortgage. • Transfer funds from your linked Florida Community Bank personal or sole proprietor accounts to most Florida Community Bank personal or sole proprietor deposit accounts of other individuals. • View current balance information for your linked Florida Community Bank accounts. • Review available transactions for your linked accounts. • Perform self-service account maintenance such as re-ordering checks, print/view copies of monthly checking or saving statements for past 90 days, stopping payment on checks, and changing your Online ID and Online passcode. • Send us secure online mail messages and questions regarding your Online Banking service. • Only Cash Management customers can make transfers (Wire or ACH) outside Florida Community Bank. B. Bill Payment Services In addition to the Online Banking features listed above, you may also: • Make one-time or recurring payments online from your linked checking account(s), and money market deposit account(s) to companies or individuals (Payees) you select. Money Market accounts may incur additional fees if the number of transactions exceeds what is allowed. C. Additional Services We offer businesses the ability to create multiple Online IDs each with the access level you designate. In some circumstances, we also permit you to link the accounts of other businesses you own or control. See Section VII below for special registration procedures and applicable terms. D. Online Banking Alerts When you activate an alert, you agree to the following: • Online Banking Alerts permit you to create a variety of automated alert messages for your linked accounts. We may add new alerts from time to time, or cancel old alerts. • Each alert has different options available, and you will be asked to select from among these options upon activation of your alerts service. Alerts will be sent electronically. • Electronic alerts will be sent to your Online Banking account. You must log into Online Banking in order to receive your alerts. Certain alerts may also be sent to your email address on file. • You understand and agree that your alerts may be delayed or prevented by a variety of factors. We neither guarantee the delivery nor the accuracy of the contents of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance of an alert. • We will never include your passcode or full account number in an alert. However, alerts may include your name and some information about your accounts. Depending upon which alerts you select, information such as your account balance can be included in an alert. III. Description of Online Banking Services A. Transfers (this section does not apply to Transfers Outside Florida Community Bank) • Processing of Transfer Requests o You may transfer funds between your linked Florida Community Bank accounts. Transfers can be made in two ways, one-time and recurring. One-time transfers can be scheduled as immediate or future-dated. The type of transfers available will depend upon the accounts you are using. o You may also transfer funds from your linked Florida Community Bank personal or sole proprietor checking, savings, money market deposit accounts to most Florida Community Bank personal or sole proprietor checking and savings. You may only transfer funds to a Line of Credit. o The completion of a transfer is subject to the availability of sufficient funds at time of final processing. If you do not have enough available funds, the transfer will not be processed. Three additional attempts will be made to transfer the funds on prearranged transfers. This does not apply to One Time transfers. o Future-dated or recurring transfers will be processed on the business day requested. Transfers that fall on a weekend or a non-bank business day will be processed on the following bank business day. • Cut-off Times for Debiting Transfers o Transfers you submit from a deposit account (checking, savings or money market deposit) are immediately reflected in your balances for that account. Transfers entered before the cut-off time of 5:30 p.m. Eastern Time (ET) on a bank business day are processed on the same bank business day. Transfers entered after the cut-off time or on a non-bank business day are processed on the next bank business day. • Cut-off Times for Crediting of Transfers o Transfers to deposit accounts are immediately reflected in the account balance online. In order for transferred funds to be available to pay items that are processed against your account overnight (i.e. checks, direct debits), they must be entered before the cut-off time of 5:30 p.m. ET. To avoid possible NSF or overdraft fees, please be sure to make your transfers before the cut-off time. o Line of credit, installment loan or mortgage account made via the Transfer tab before the cut-off time of 5:30 p.m. ET will be credited with the date the payment is made. However, updates to account balances and funds availability may take up to two (2) bank business days. To ensure crediting of payments for the same calendar day, please be sure to make your transfers before the cut-off time. B. Online Banking Bill Payment Processing • Payments can be scheduled from linked checking accounts. • Payments can be entered as a one-time transaction up to a year in advance or recurring transactions. • Payments are processed twice per day. The first is 3:00am Eastern Standard time and the second is 2:00pm Eastern time. If a payment needs to be canceled we must receive the request before 3:00am the day the payment is scheduled to be paid. If a payment is submitted after 3:00am on the day the payment is scheduled to be processed, it must be cancelled before the second cut off time of 2:00pm. • Scheduled recurring payments that fall on a weekend or a non-bank business day will be processed on the following bank business day. • Payments you make through Online Banking, using Bill Pay are processed in one of two ways: o Electronic transmission. Please allow three business days for payment to arrive on time. o Check. All other payments are made with a check to your designated Payee. Please allow five business days for the payment to arrive on time. o If a Payee fails to negotiate the check within 90 days, we will stop payment on the check and credit your account for the amount of the payment. • Scheduling Bill Payments o The scheduled process date is the date you enter for the payment to begin processing. The payment amount will be debited from, or charged to, the account that you designate on the scheduled process date. If the scheduled process date is a weekend or non-bank business day, then the process date will be the following bank business day. o To assure sufficient time for other Payees to receive and process the payment, you should allow at least five (5) bank business days between the scheduled process date and the payment due date. If you do not, you will be fully responsible for all late fees, finance charges, or other action taken by the Payee. Please allow three business days for electronic payments. C. Limitations and Dollar Amounts for Transfers and Payments (this paragraph does not apply to Transfers Outside Florida Community Bank) Transfers and Payments made using Online Banking are subject to the following limitations: • Bill Payments may be for any amount subject to account balance availability. • Transfers between your linked Florida Community Bank accounts can be for any amount subject to account balance availability. • All transfer limits are subject to temporary reductions to protect the security of your accounts and/or the transfer system. You authorize Florida Community Bank to withdraw, debit or charge the necessary funds from your designated Florida Community Bank account on the date on which you schedule the payment to begin processing or submit a transfer request. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of the withdrawal. If you do not have a sufficient balance, we may refuse to complete the transaction. If your funds transfer exceeds any of the limits stated above, three more attempts will be made to process the transaction. If by the third attempt the funds are not available it will not be processed. Florida Community Bank is under no obligation to notify you if it does not complete a payment or transfer because there are non-sufficient funds or credit in your account to process the transaction. In all cases, you are responsible for making alternate payment arrangements or rescheduling the payment through the service. D. Canceling Payments and Transfers • Bill Payments o In order to cancel a payment, you must sign into Online Banking and follow the directions provided on the Bill Pay screens. Payments are processed twice per day. The first is 3:00am Eastern Standard time and the second is 2:00pm Eastern time. If a payment needs to be canceled we must receive the request before 3:00am the day the payment is scheduled to be paid. If a payment is submitted after 3:00am on the day the payment is scheduled to be processed, it must be cancelled before the second cut off time of 2:00pm. o Payments can be canceled prior to 3:00am. Eastern Time on the bank business day the payment is scheduled to be made (the scheduled process date). If a payment's status is In Process or Processed, you can no longer cancel it. After you cancel a payment, the status changes to Canceled. • Transfers o Transfers can be canceled prior 5:30pm Eastern Time on the bank business day prior to the date the transfer is scheduled to be made. If the transfer's status is In Process or Processed, you can no longer cancel it. After you cancel a payment, the status changes to Canceled. G. Accounts Linked to Your Online Banking Services When you first set up your Online ID, we will link all of your primary accounts. If you want to limit the accounts linked or the activity level assigned to an account, please call us by using the secure messaging feature on your Online Banking account and a representative will discuss the available options with you. IV. Other Terms and Conditions A. Monthly Service Charge • There is no monthly service charge for accessing your linked accounts with the Basic Online Banking service. There are fees for our Cash Management Online Banking product, and the Online Bill Pay product. Consumer Bill Pay is free with a qualified Florida Gold account otherwise the cost is $5.50 per month with unlimited transactions. Commercial Bill Pay is $7.95 per month with 10 free transactions, each transaction in excess of 10 is $0.40 each. B. Other Charges You should note that depending on how you access Online Banking or Transfers Outside Florida Community Bank, you might incur charges for: • Normal account fees and service charges. • Any Internet service provider fees. • Purchase of computer programs such as Personal Financial Management (PFM) software. • Check Order • Stop Payment(s) C. Service Hours Online Banking services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on-line when you sign on to Online Banking. D. Participation by Payees Occasionally a Payee may choose not to participate in Bill Pay, or may require additional information before accepting payments. We will work with these Payees to encourage them to accept an electronic or check payment from the Bank. If we are unsuccessful, or if we determine that the Payee cannot process payments in a timely manner, we may decline future payments to this Payee. In the unlikely event that this occurs, we will promptly send you a notice. Any obligations that you wish to pay through Online Banking with Bill Pay must be payable in U.S. dollars to a Payee located in the United States. We reserve the right to restrict categories of Payees to whom payments may be made using the service. • Tax payments • Court-ordered payments • Payments to settle securities transactions E. Canceling Your Online Banking Services If you choose to cancel your Online Banking services, any unprocessed payments will be canceled. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service. Florida Community Bank will cancel any scheduled payments within two (2) bank business days from the date we receive your request to discontinue the service. If you close your primary checking account, or if it's no longer linked to your service, your Online Banking service will end, and any unprocessed payments will be canceled. If you cancel your Online Banking services, Transfers Outside Florida Community Bank will also be canceled. F. Joint Accounts When your Online Banking service is linked to one or more joint accounts, we may act on the written or electronic instructions of any authorized signer. Joint accounts using the same Online ID will be identified as one service. G. Changes to Agreement We may change this agreement at any time. For example, we may add, delete or amend terms or services. We will notify you of such changes by mail or electronic message. If you maintain your Online Banking services or make any Transfers Outside Florida Community Bank after the effective date of a change, you indicate your agreement to the change. H. Cancellation Your Online Banking services and Transfers Outside Florida Community Bank remain in effect until they are terminated by you or Florida Community Bank. You may cancel your service at any time by notifying us of your intent to cancel in writing or through Online Banking secure messaging. This cancellation applies to your Online Banking services and Transfers Outside Florida Community Bank, and does not terminate your Florida Community Bank accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service. We may terminate your participation in Online Banking services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obliged to do so. I. Use of External E-mail Address With Online Banking services and Transfers Outside Florida Community Bank, we may send messages to your external e-mail address and notify you that responses to your payment inquiries or customer service inquiries are available, or as otherwise described within the Online Banking or Transfers Outside Florida Community Bank services. We cannot act on instructions sent by you from an external e-mail address. You should use Online Banking secure mail to send instructions to Florida Community Bank. If, for any reason your external e-mail address changes, please update your Florida Community Bank Online Banking account immediately by clicking on the Management tab so that we can continue to provide you with automated messages. J. Transfers from Money Market Accounts Federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers - including Online Banking transactions - from money market deposit and savings accounts. You are limited to six (6) preauthorized electronic fund transfers, telephone transfers, checks and point-of-sale transactions per statement cycle. Of these six (6) transactions, you are limited to only three (3) transactions by check or point-of-sale. (For information on these accounts, see the applicable account agreement.) Each transfer or payment through the Online Banking services from your money market account is counted as one of the six (6) limited transfers you're permitted each statement period. We charge a fee for each transaction in excess of this limit. Payments to your Florida Community Bank loans are counted toward this limit for money market accounts. We recommend that you not use a money market account as your bill payment account because of these restrictions. K. Contact by Florida Community Bank or Affiliated Parties No Florida Community Bank or Payee employee, nor any company affiliated with Florida Community Bank Online Banking or Transfers Outside Florida Community Bank, will contact you via e-mail or phone requesting your Online ID or online passcode. If you are contacted by anyone requesting this information, please contact us immediately. L. Reporting Unauthorized Online Transactions Florida Community Bank Attn: Online Banking 1261 Homestead Road Lehigh Acres, FL 33936 866-373-8603 M. Initiating Payment Inquiries To initiate a payment inquiry, you may use Online Banking services to send the request via secure online mail. Or you may contact Online Banking Customer Service by calling 866-373-8603 to speak to a customer service representative. N. Disclosure of Account Information We will disclose information to third parties about your account or your transactions: • When it's necessary for completing transfers or bill payments, or to investigate or resolve a problem related to a transfer or payment. • To verify the existence and condition of your account for a third party, such as a credit bureau or merchant. • To comply with a government agency or court orders or with the request of a federal regulator. • If you give us your permission. • On a closed account, if we reasonably believe you have mishandled it. For more information on our Privacy Policy for Consumers, you can visit our Privacy and Security website at www.floridacommunitybank.net. O. Account Statements We report your Online Banking and Transfers Outside Florida Community Bank transactions on the monthly statements for your linked accounts. A description of each transaction, including whom you paid, the date and the amount of the transaction will appear on your statement. V. Additional Provisions Applicable Only to Consumer and Sole Proprietors Deposit Accounts A. In Case of Errors or Questions about your Online Banking Account Send us a secure online mail message or call us at 866-373-8603. You can also write us at: Florida Community Bank Attn: Online Banking 1261 Homestead Road Lehigh Acres, FL 33936 866-373-8603 AT ONCE if you think: • An unauthorized person has discovered your Online Banking passcode. • Someone has transferred or may transfer money from your account without your permission. • Bill payment transactions have been made without your authorization. B. Limitation of Liability Tell us at once if you believe your Online Banking passcode has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection. You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been mailed to you. If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period, if we can show that we could have stopped the transaction if you had notified us in time. When you give someone your Online Banking ID and passcode, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. For your protection, sign off after every Online Banking session and close your browser to ensure confidentiality C. Our Liability for Failure to Complete Transactions If we do not complete a transaction 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 or damages. However, there are some exceptions. For instance, we will not be liable: • If, through no fault of ours, you don't have enough available funds in your account (or available credit under your overdraft protection plan), or credit to cover the transaction or transfer. • If Online Banking services weren't working properly, and you knew about the malfunction when you started the transaction or transfer. • If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken. • If there are postal delays or processing delays by the Payee. • There may be other exceptions not specifically mentioned. VI. Additional Provisions Applicable Only to Business Accounts (Other than Sole Proprietors) A. Protecting Your Passcode You agree that we may send notices and other communications, including passcode confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Florida Community Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your passcode secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your passcode that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new passcode if you believe your passcode may have become known to an unauthorized person. Florida Community Bank will have no liability to you for any unauthorized payment or transfer made using your passcode that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your passcode even without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or fraudulent manner. B. Acknowledgement of Commercially Reasonable Security Procedures By using Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice). C. Limitation of Bank's Liability If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount that we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where Florida Community Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. Unless otherwise required by law, in no event will Florida Community Bank be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney's fees, even if we are advised in advance of the possibility of such damages. VII. Additional Services Intended for Businesses A. Creating and Managing Users You may add additional users to your Online ID and provide each with a separate passcode. For each user, you may designate the activity level - Inquiry or Financial - for each linked account, with the exception of investment accounts, which can only be linked to your original Online ID. You may also designate another user as an Administrator, which means that this user will also be able to designate additional users. You agree that, by granting Financial access, you will be allowing a user to transfer funds, perform account maintenance and view account transactions for the linked account. Inquiry access allows a user to view account transactions. If you select to enable Bill Pay for a user, that user will automatically have Financial-level access to all the accounts that you have set up for Bill Pay, and they will be able to pay bills using the Bill Pay feature. If you no longer are a person authorized on the signature card for each linked account to designate signers for each such account, the business has the obligation to inform Business Online Banking of the new individual or individuals with such authority. Such notice must be given separately from any other notices given to other Florida Community Bank departments or banking centers, by calling us at 866-373-8603. You may also write us at: Florida Community Bank Attn: Online Banking 1261 Homestead Road Lehigh Acres, FL 33936 866-373-8603 Florida Community Bank will have no liability to you for unauthorized payments and transfers made using the passcodes you assign that occur before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. B. Linking Accounts of Additional Businesses If you also are authorized to enter into an Agreement for the Business Online Banking service for another business, and if you want to link the accounts of the other business to the accounts covered by this Agreement, you will need to agree separately to this Agreement for each other business. Upon doing so, you may link the accounts of the businesses so that you may elect, at your risk and that of the businesses, but not of the Bank, to use a common Online ID and passcode for Business Online Banking for all linked accounts. You should do this only if you are authorized to link the accounts of the different business and to use all the functions of Business Online Banking for each business. You further agree to inform Florida Community Bank if your authority over any linked account decreases. Florida Community Bank is not liable if your authority over any account decreases until it is informed of the change in authority using the "Notice" requirements of this Agreement. C. Contacting Florida Community Bank For general questions, or to report unauthorized online transactions please call us at 866-373-8603. Business Online Banking Customer Service is available from Monday through Friday 9:00am to 5:00pm EST, excluding bank holidays. You may also write us at: Florida Community Bank Attn: Online Banking 1261 Homestead Road Lehigh Acres, FL 33936 866-373-8603 VIII. Your System Requirements In order for you to access and retain records in connection with Online Banking, Business Online Banking, and Transfers Outside Florida Community Bank, your system must meet the following requirements: • An IBM or Macintosh-compatible computer • Internet access • An Internet browser • For PCs using Windows 95, 98, NT, 2000, ME, XP: • Microsoft Internet Explorer 5.5 or higher • Microsoft Internet Explorer with AOL 5.5 or higher • Netscape 6.2 and higher • For Macintoshes using OS9 and OS 10: • Microsoft Internet Explorer 5.0 or higher • Microsoft Internet Explorer with AOL 5.0 or higher • Netscape 6.2 and higher |