|
Please
read and accept the Bank of Dawson Online Banking Terms and
Conditions Agreement to continue to the Bank of Dawson Online
Banking Enrollment Form.
Online Banking
Terms and Conditions Agreement Effective October 23,
2003 The Bank of Dawson Online Banking
Service is available to all of our customers at no monthly charge
for the account information and transfer services. The bill payment
feature is an optional service for checking accounts. You must
specifically request this service on the enrollment form. If you do
not choose the bill payment service at this time, you may add it at
any time by calling Bank of Dawson's Online Banking Department at
229-995-2141.
|
I. Introduction
General
Information Consumer
Accounts Business
Days
II. Accessing Your Account, Security and Your Responsibilities
Password
and Login Security
Your
Rights and Responsibilities
III. Online Banking Services and Limitations
Available
Services Hours
of
Accessibility Limits
on Frequency and Amount of
Transfers Balance
and Transaction
Information Account
Information and
Transfers Unavailable,
Delayed, or Inaccurate Account
Information Limits
on Frequency and Amount of
Transfers Service
Cancellation
IV. Optional Bill Payment
Eligibility Bill
Pay
Procedure Allow
Sufficient Time for Your
Payments Liability Termination
of Bill
Payment Bill
Payment
Fees Joint
Account Holders
V. Changes to Fees, Charges and Other Terms
VI. Additional Electronic Fund Transfer Disclosures and Agreement
Terms
VII. Limitations on Bank Liability
VIII. Other Provisions
I. Introduction
General
Information: This Bank of Dawson Online Banking Terms and Conditions
Agreement ("Agreement") is a contract between you and Bank of Dawson that
outlines and governs the Terms and Conditions for accessing your personal
and commercial accounts via Bank of Dawson's Online Banking Service. This
Agreement explains the terms and conditions which govern the following
Online Banking
Services:
Account and Balance
Inquiries Account
Transfers
Transaction
Downloads
Automatic Bill Transfer This Agreement also includes and
incorporates the disclosures required by the Electronic Fund Transfers Act
(15 USC 1693 et seq.). This Agreement applies only to the Bank of Dawson
Online Banking Service. Other electronic fund transfers to or from your
accounts at Bank of Dawson are governed by the Electronic Fund Transfer
Disclosure provided to you when you established your account or when you
requested other electronic fund transfer services.
The terms and
conditions of the deposit agreements and disclosures for each of your BANK
accounts as well as your other agreements with BANK such as loans,
continue to apply notwithstanding anything to the contrary in this
Agreement.
In order to use Bank of Dawson's Online Banking Service,
you must accept these terms and conditions. By this clicking on the "I
Agree" button at the end of this Agreement, you agree to abide by all the
terms and conditions of this Agreement and acknowledge your receipt and
understanding of this Agreement. Please read this Agreement carefully and
print a copy for your records. This Agreement is governed by federal laws
and regulations and, to the extent not preempted by federal law, by laws
and regulations of the State of Georgia.
To help the
government fight the funding of terrorism and money laundering activities,
Federal Law requires all financial institutions to obtain, verify, and
record information that indentifies each person who opens an account. When
you open an account, we will ask for your name, address, date of birth,
and other information that will allow us to identify you. We may ask to
see your driver's license or other identifying documents.
Consumer Accounts: Some of the terms set forth in this
Agreement, as specified in this Agreement, apply only to Consumer
Accounts. A "Consumer Account" is an account held by a natural person and
used primarily for personal, family or household purposes.
Business Days: The term "Business Day" means Monday through
Friday, excluding federal banking holidays.
II. Accessing Your Accounts, Security and Your
Responsibilities.
Passcodes and Login Security: Security is
very important to Bank of Dawson. In order to activate your Online Banking
Service, you must have at least one checking, savings, certificate of
deposit or loan account with Bank of Dawson. When you login to the service
for the first time, you will use your Access ID and your temporary
passcodes, as received from the bank. You will then be prompted to choose
a new "Passcodes." Because your passcodes are used to access your accounts,
you should treat it as you would any other sensitive personal data. You
should carefully select passcodes that are hard to guess. Keep your passcodes
safe. Memorize your passcodes and never tell it to anyone. You should
not under any circumstances disclose your passcodes by telephone or to
anyone claiming to represent Bank of Dawson. Bank employees do not need
and should not ask for your passcodes.
Bank of Dawson is
entitled to act on instructions received through online banking under your
passcodes and without inquiring into the identity of the person using those
passcodes. Any person having access to your Bank of Dawson online banking
passcodes will be able to access the Online Banking Services and perform
all transactions, including reviewing account information and making transfers
to other accounts which have mutual ownership. You are liable for all transactions
made by persons authorized to use your passcodes.
If, despite the Bank's advice, you give your passcodes to anyone,
you do so at your own risk since anyone to whom you give your passcodes
or other means of access will have full access to your account(s) even
if you attempt to limit that person's authority.
You may change your
passcodes any time, after you are logged in, from the "Options" menu.
Once you login as a first time user, you will be required to
change the initial password and select a password known only to
you.
- The Access
ID you select may be any combination of alpha/numeric
characters, from six (6) to twelve (12) digits.
- The
password criteria is as follows
- Minimum
Password Length 6
- Maximum
Password Length 12
- Number of
Alpha Characters Required 2
- Number of
Numeric Characters Required 2
- Passwords are
case sensitive (must be entered exactly as input with upper and/or
lower case characters).
- Passwords can
be changed at any time by the accountholder, and by any other
person to whom the accountholder provides the password, through
the Bank of Dawson Online Banking service.
|
If you suspect that
an unauthorized person has access to your passcodes or believe your
passcodes have been lost or stolen or that someone may attempt to
use the service without your consent or has transferred funds without
your permission, your must notify Bank of Dawson immediately. See Part
VI of this Agreement for additional information relating to liability
for unauthorized transactions and error resolutions.
Your session time is
unlimited, but 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 login. When you return to
your computer, you will be prompted to re-enter your passcodes and
your session will continue.
Upon four unsuccessful
attempts to use your passcodes, your access to online banking service
will be revoked. To re-establish your authorization to use online banking
service, you must contact us to have your passcodes reset or to obtain
new temporary passcodes.
Your Rights and Responsibilities: In
addition to this Agreement, you agree to be bound by and comply with the
Account Agreement and Account Disclosure, the rules and regulations
of the electronic transfer system, and state and federal laws and
regulations.You, the consumer, are responsible for keeping your online
passcodes and account data confidential. We are entitled to act on
transaction instructions received using your passcodes, and you agree that
the use of your passcodes will have the same effect as your signature,
authorizing the transaction(s). If you authorize other persons to use
your passcodes in any manner, your authorization will be considered
unlimited in amount and manner until you have notified us in writing
that you have revoked the authorization, changed your passcodes, and
that you are responsible for any transactions made by such persons
until such time as we receive and have time to act upon the notification
that transfers by that person, or instructions regarding your accounts,
are no longer authorized.
III. Online Services and
Limitations
Available Services: You
may use your personal computer to:
- View account
balances and transaction history.
- Transfer
funds from your Bank of Dawson checking and savings accounts into:
- Other Bank
of Dawson checking and savings accounts which belong to you.
- Loan
accounts.
- Establish
automatic transfers from one of your Bank of Dawson accounts to
another (from checking and savings to checking, savings or loans).
- Through
Optional Online Bill Payment, pay bills to any merchant,
institution or individual with a U.S. mailing address.
- Communicate
directly with Bank of Dawson via e-mail.
| Other services may be added to
Bank of Dawson's Online Banking Service and will be communicated to our
customers as the additions are made.
Hours of Accessibility:
You may access Bank of Dawson Online Banking Service seven days a week, 24
hours per day. Necessary system maintenance will be scheduled for hours
during which system traffic is normally at a minimum. If the system is
unavailable due to an unanticipated problem, you may use our ATM machines,
or a branch office (during regular business hours) to conduct
transactions.
Balance and
Transaction Information: You may access any eligible Bank of Dawson
account on which you are an owner or signer to receive transaction history
and balance information. The balance and account history will show the
current balance of the account, including any transactions conducted prior
to the inquiry. In progress returns due to non-sufficient funds or stop
payments may not be reflected in the inquiry.
Account Information
and Transfers: Account balances and activity is current information.
Funds transferred between related accounts initiated on your computer
using Online Banking and received by the bank before 4:30 p.m. EST on a
Business Day will be effective on that Business Day. Transfers processed
on your computer using Online Banking and received after 4:30 p.m. EST on
a Business Day, or on any non-Business Day, will be effective the
following Business Day.
Unavailable,
Delayed, or Inaccurate Account Information: We strive to provide
complete, accurate and timely account information through Online Banking.
However, unless otherwise required by law, we will not be liable to you if
any such information is unavailable, delayed or inaccurate. With respect
to electronic funds transfer problems, such as unauthorized transfers or
the Bank's failure to properly complete authorized transfers, the extent
of our liability is described in Part VI of this Agreement.
Limits on Frequency
and Amount of Transfers: Federal regulations require us to limit
either by contract or in practice the number of certain types of transfers
from money market deposit accounts and savings accounts. Under these
regulations, you are limited to six (6) preauthorized electronic fund
transfers each month, including telephone transfers, Bank of Dawson Online
Bill Payment and other online banking transactions, checks, and
point-of-sale transactions. Of these six transactions, you are limited to
no more than three transactions per month by check or point-of-sale.
Payments to your Bank of Dawson loan accounts are not counted toward this
limit. Subject to availability of funds in your designated checking
account, there are no limits on the dollar amount of transfers to or from
your account.
Service
Cancellation: Bank of Dawson reserves the right to cancel your online
service at any time without notice due to insufficient funds in one or
more of your accounts. After cancellation, service may be reinstated at
the discretion of the bank provided that funds are available to cover the
cost of any fees and/or pending transfers. To reinstate your service,
contact the Bank of Dawson Online Banking Department at
229-995-2141.
If you wish to cancel
any of your Bank of Dawson Online Banking services, please contact
Bank of Dawson Online Banking Department at 229-995-2141 or send us
cancellation instructions in writing to: Bank of Dawson-PO Box 230,
Dawson, GA 39842 or email us at bankofdawson@windstream.net.
IV. Optional Bill Payment
Through Bank of
Dawson's Online Banking Service you may subscribe to our optional Online
Bill Payment system. Upon enrollment a credit check is performed. The Bill
Payment service allows you to schedule payments through your online
banking system for current, future and recurring bills from your Bank of
Dawson checking account. You must designate a specific Bank of Dawson
checking account as your bill payment account, and bills then will be paid
from this designated account subject to your available balance.
Eligibility:
You may pay any merchant or individual approved for payment by Bank of
Dawson for payment through the Online Bill Payment service. We will be
unable to process any payments to federal, state, or local tax agencies.
Online bill payments must be payable in U.S. dollars and are available
only to payees with a U.S. mailing address.
Bill Pay
Procedure: By furnishing us with the names of your payees (merchants
and /or individuals) and their addresses, you give us authorization to
follow the payment instructions, which you provide to us via Bank of
Dawson Online Banking Service for these payees. When we receive your
payment instruction for the current date or a future date, we will remit
the funds to the payee on your behalf from the funds in your selected
account. Funds for ALL bill payments, whether paid electronically or paper
check will be withdrawn from your account as of the date you enter if that
date is a Business Day. If the date you enter is not a Business Day then
funds will be withdrawn as of the next Business Day. This date should be
at least five (5) Business Days prior to the actual due date of your
payment. We are not obligated to pay funds from your account(s) if the
account balance is insufficient to cover the payment, unless your account
has overdraft protection in an amount sufficient to cover the payment.
When you submit any
request for an electronic payment using our Online Banking Service, please
print a copy of your completed request and authorization for your
records.
Allow sufficient
time for your payments: Any payments made with Bill Payment require
sufficient time for your payee to credit your account properly. To avoid
incurring a finance charge or other charge, you must schedule a payment
sufficiently in advance of the due date of your payment. All payments must
be scheduled five (5) full Business Days in advance of the due date of
your payment. Not all payees accept electronic bill payments. In the event
that the payee for your scheduled payment does not accept payment via the
electronic system, your payment will be made by mailing a paper check.
Paper payment requires
longer delivery time. Payments made by paper should be scheduled at least
seven (7) full Business Days prior to the actual due date, not the late
date and/or a date in the grace period. In all cases, the payment will be
delivered to the payee/vendor by the tenth business day after the payment
was approved and charged to your account.
Liability: If
you fail to schedule your payment according to the recommended time frame,
Bank of Dawson will not be responsible for the late fees or finance
charges. We shall not be responsible for any charges imposed or any other
action taken by a payee resulting from a payment that you have not
scheduled properly, including any applicable finance charges or late fees.
Paper checks are mailed to the address you supply. Bank of Dawson will not
be responsible for processing incorrect information, which is supplied by
you through the bill payment system, or for failure of the payment to
process due to incorrect information. In addition, we will not be liable
if any third party through which any bill payment is made fails to
properly transmit the payment to the intended payee. We will not be liable
for indirect, special or consequential damages due to the use of Bill
Payment. See Parts VI and VII for additional information.
Termination of Bill
Payment: Bank of Dawson reserves the right to terminate your use of
Bill Payment at any time. If for any reason you should wish to
terminate your use of Bank of Dawson's Bill Payment, we recommend that
you cancel all future bill payments and transfers at the same time you
cancel your account by calling Bank of Dawson's Online Banking Department
at 229-995-2141. This will insure that future payments and transfers made
by you will not be duplicated. We will automatically delete all
outstanding payments and transfers (both one-time and recurring) once we
have been notified that your service has been terminated. We will continue
to maintain your accounts unless you notify us otherwise.
Bill Payment
Fees: Refer to Section VI for monthly fees and other charges for
personal and business accounts.
Joint Account
Holders: Each Bill Payment account may consist of either one
individual account holder, or multiple (joint) account holders. Each
account holder needs a unique Bank of Dawson Online Banking password. The
terms of this online banking agreement apply to all account holders
enrolled in the Online Bill Payment program. In order to have a joint
membership, all members must be joint signers on the checking account
(excluding money market accounts) linked to Bill Payment. Joint members
share the same payee list, and are subject to the joint tenant rules
contained in the Account Agreement and Signature Card for the checking
account. Either account owner may close the bill payment service.
Accountholders that
require two (2) signatures for withdrawal purposes will be unable to
access the online bill payment service.
V.
Changes to Fees, Charges and Other Terms
We reserve the right to change the fees, charges
or other terms outlined in the agreement. We will notify you 30 days prior
to implementation of changes, either by written notice or e-mail, and will
also update this agreement, if the changes to this agreement are more
restrictive than those stated in the agreement, or increase your
responsibility for unauthorized transactions. In the event that a change
is necessary to ensure the security of the online system, an immediate
change may be necessary, and we will notify you within 30 days after the
change is made by electronic or written notice. You may choose to accept
or decline changes by continuing or discontinuing the services to which
the changes relate. We reserve the option to waive, reduce or reverse
charges or fees in individual situations. Changes to fees applicable to
specific accounts are governed by the applicable Account Disclosure.
VI. Additional Electronic Fund Transfer
Disclosures and Agreement Terms
Unauthorized
Transactions Tell us AT ONCE if you believe your online password
has been lost or stolen or if you believe your password may be used
without your permission. Telephoning is the best way of keeping your
possible losses down. You could lose all the money in your account (plus
your maximum overdraft line of credit).
Also, if your
statement shows transfers that you did not make, tell us at
once.
The following three
paragraphs apply only to Accounts that are "Consumer Accounts" (as defined
in the Introduction to this Agreement):
If you tell us within
two Business Days (see above for our Business Days), you can lose no more
than $50 if someone used your online password without your permission. If
you do NOT tell us within two Business Days after you learn of the loss or
theft or unauthorized use of your password, and we can prove that we could
have stopped someone from using your password without your permission if
you had told us, you could lose as much as $500.
If your statement
shows transfers that you did not make, tell us at once. If you do not tell
us within sixty (60) days after your statement was mailed to you, you may
not get back any money lost after the sixty (60) days if we can prove that
we could have stopped someone from taking the money if you had told us in
time.
If a good reason, such
as a confirmed extended trip or hospital stay, kept you from telling us,
we will extend the time periods.
Contact in event of
Unauthorized Transfers
If you believe your online password has been
lost or stolen or that someone has transferred or may transfer money from
your account without your permission, call the Bank of Dawson Online Banking
Department at 229-995-2141 if calling after 4:30 or on a non-Business Day,
email us at bankofdawson@windstream.net or write to us at Bank of Dawson,
PO Box 230, Dawson, GA 39842. You also may notify us by sending us a fax
at to 229-995-3245, Attention: Bank of Dawson Online Banking Department.
In case of errors or
questions about your electronic transfers, telephone us, email us, or
write to us at the telephone number, email address or office address
provided in the paragraph above. Contact us as soon as you can if you
think your statement or receipt is wrong or if you need more information
about a transfer listed on your statement or receipt. We must hear from
you no later than 60 days after we mailed you the FIRST statement on which
the problem or error appeared. When you contact us about your problem
(including by telephone, email or fax), please
- Include your
name and account number(s).
- Describe the
error or transaction in question, and explain why you believe it
to be an error.
- Tell us the
dollar amount of the suspected error.
- If the
problem involves a bill payment, tell us the checking account
number used for payment, the payee's name, date for which the
payment was scheduled, payment amount, and any applicable payee
account number or reference number.
|
If you tell us
orally, we may require that you send us your complaint of question in
writing within ten Business Days.
The following three
paragraphs apply if your complaint or error is with regard to a Consumer
Account:
We will determine
whether an error occurred within 10 Business Days after we hear from you
and correct any error promptly. If we need more time, however, we may take
up to 45 calendar days to investigate your complaint or question. If we
decide to do this, we will provisionally credit your account within 10
Business Days for the amount you think is in error, so that you will have
the use of the money during the time it takes us to complete 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 provisionally
credit your account.
For errors involving new accounts,
point-of-sale, or foreign-initiated transactions, we may take up to 90
days to investigate your complaint or question. For new accounts (an
account that has been opened for 30 days or less), we may take up to 20
Business Days to provisionally credit your account for the amount you
think is in error.
We will tell you the results of our
investigation within 3 Business Days after completing our investigation.
If we decide that there was no error, we will send you a written
explanation. You may ask for copies of the documents we used in our
investigation.
Our Liability for
Failure to Make Transfers or Paying Late
If we do not complete
a transfer to or from your bank account on time or in the correct amount
according to our agreement with you, and if the transfer was to or from a
Consumer Account, we will be liable for your losses or damages. 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 a transfer or bill payment.
- If a legal
order directs us to prohibit withdrawals from the account
- If your
account is closed or if it has been frozen
- If a hold has
been placed on your account for uncollected funds
- If the
transfer or payment would cause the account to become overdrawn
beyond the balance of the account plus any overdraft
protection
- If you, or
anyone you allow, commits fraud or violates any law or
regulation
- If any
electronic terminal, telecommunication device or any part of the
electronic fund transfer system is not working properly
- If you have
not provided us with complete and correct payment information,
including without limitation the name, address, account number and
payment amount of the payee on a bill payment
- If you have
not properly followed the instructions for using Bank of Dawson's
online banking Bill Payment Service
- If
circumstances beyond our control (such as fire, flood, hurricane,
improper transmission or handling of payments by a third party)
prevent the transfer or bill payment, despite reasonable
precautions taken by us
|
Confidentiality --
Disclosure of Account Information You authorize Bank of Dawson and
any affiliates to disclose to third parties, agents, and affiliates, such
as independent auditors, consultants or attorneys, information you have
provided or that we or our affiliates have obtained about your accounts
and the transfers you make:
- To comply
with government agency requests or court orders.
- To verify the
existence and condition of your account to a third party, such as
a credit bureau or merchant.
- To provide
services relating to your account or to offer other products and
services.
- To other
entities if you give us permission.
|
Please refer to our
Privacy Disclosure which we provided to you for a complete description
of our policies and practices relating to the disclosure of your information
to third parties. Our Privacy Disclosure also is available at http://www.bankofdawson.com/privacy.pdf
or by calling us at 229-995-2141.
Preauthorized
Credits/Deposits If you have arranged to have direct deposits made
to your account at least once every 60 days from the same person or
company the person or company making the deposit will tell you every time
they send us the money OR you can call us at 229-995- 2337 to find out
whether or not the deposit has been made.
Periodic
Statements You will get a monthly account statement unless there
are no transfers in a particular month. In any case, you will get the
statement at least quarterly.
Fees and
Charges:
Service Fee
|
Service |
Fee |
|
Online Banking -
Account and balance inquiries - Funds Transfers/Loan
Payments - Export online
transactions |
No charge for this
service |
|
Online Bill
Payment - Personal Accounts - Business
Accounts |
No charge for this
service
|
You agree to be
responsible for any local or long distance telephone charges or Internet
Service Provider (ISP) charges that you incur by accessing your accounts
via Bank of Dawson Online Banking Service.
VII.
LIMITATIONS ON BANK LIABILITY
We will not be
responsible for the following incidents, errors or failures:
Access We will not be responsible for failure to
provide access or for interruptions in access to Bank of Dawson's online
banking or online Bill Payment Service due to a system failure or due to
other unforeseen acts or circumstances.
Your Computer
Equipment or Software We will not be responsible for any errors or
failures from any malfunction of your computer or any computer virus or
other problems related to your computer equipment used with Bank of
Dawson's Online Banking Service.
We are not responsible
for any error, damages or other losses you may suffer due to the
malfunction or misapplication of any system you use, including your
browser (Microsoft Explorer®, Netscape Navigator®, or otherwise), your
Internet Service Provider (ISP), your personal financial management or
other software, (such as Quicken®, or Microsoft Money®), or any equipment
you may use (including your telecommunications facilities, computer
hardware and modem) to access or communicate with Bank of Dawson's Online
Banking Service.
Online Bill Payment
We are not responsible for postal delays or processing delays by
the payee for any bill payment made through our Bill Payment services.
VIII. Other
Provisions
Electronic Notice
With your consent, we may send notices to you by electronic mail
(e-mail). You may use e-mail to contact us about inquiries, maintenance,
and/or some problem resolution issues. E-mail may not be a secure method
of communication. We therefore recommend that you do not send confidential
personal or financial information by e-mail. There may be times when you
need to speak with someone immediately, especially to report a lost or
stolen PIN, or to stop a payment. In these cases, do not use
e-mail. Instead, call our Bank of Dawson Online Banking Department at
229-995-2141, during regular business hours, Monday - Thurs. 9:00 a.m. -
4:30 p.m., Fri - 9:00 a.m. - 6:00 p.m., excluding Bank Holidays.
Warranty and
Software Limitations NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, ANY
SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY,
EXPRESSED OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER
OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE (OR NON-INFRINGEMENT OF
THIRD-PARTY RIGHTS), UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY
LAW.
Ownership of
Website The content, information and offerings on our Website are
owned by Bank of Dawson, and the unauthorized use, reproduction, linking
or distribution of any portions are strictly prohibited.
Geographic
Restrictions The Bank of Dawson Online Banking services described
in this Agreement and available on our Website are solely offered to
citizens and residents of the United States of America currently residing
in the United States. Citizens and residents outside the United States may
not be able to access the Bank of Dawson Online Banking or Bill Pay
Service.
Scope of Agreement
This Agreement represents our complete agreement with you relating
to our provision of the Bank of Dawson Online Banking services. No other
statement, oral or written, including language contained in our Website,
unless otherwise noted, is part of this agreement.
Assignments
The Bank may assign
certain of its rights and responsibilities under this Agreement to
independent contractors or other third parties.
I have read and agree
with the Bank of Dawson Online Banking Terms and Conditions and wish to
apply for Online Banking Service.
|