Online Banking Access Agreement
First Landmark Bank Online Banking Access Agreement
This Online Banking Access Agreement for accessing your accounts via First Landmark Bank Internet Banking explains the terms and conditions governing the following online services: banking, bill payment, and other banking services offered through First Landmark Bank Online Banking. Only accounts maintained with the First Landmark Bank may be accessed by First Landmark Bank Online Banking.
This Agreement governs the use of First Landmark Bank Online Banking service and is made and entered into by and between First Landmark 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. When you use or access, or permit any other person(s) or entity to use or access the Online Service, you agree to the terms and conditions of this Agreement. We may amend or change this Agreement (including applicable fees and service charges) from time to time, in our sole discretion, by sending you written notice by electronic mail or by regular mail. Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of the Online Service. Your use of the Online Service after we have made such changes available will be considered your agreement to the change.
This First Landmark Bank Online Banking Access Agreement governs your use of First Landmark Bank Online Banking. Throughout this web site the Access Agreement will be referred to as “Agreement.”
Upon registering for online banking, you agree to receive this Agreement and Initial Disclosures electronically. After you have carefully read this Agreement, you will be asked to consent to all the terms and conditions of this Online Banking Access Agreement. Your accessing any of your eligible accounts through First Landmark Bank Online Banking acknowledges your receipt and understanding of this disclosure. We suggest that you print a copy of this Agreement for future reference.
You or Your – Refers to the individuals, corporations, partnerships, limited liability companies, and sole proprietorships subscribing to or using First Landmark Bank Online Banking.
We, Us, or Our – Refers to First Landmark Bank and any agent, independent contractor, designee, or assignee the First Landmark Bank may involve in the provision of First Landmark Bank On-line Banking.
Business Day – Our Business Days are Monday through Friday. Federal holidays are not included. You may use this Service 24 hours a day, seven days a week, except during periods of maintenance. Bill payments are processed only on Business Days.
Business Day Cut-Off – For posting purposes, the bank will process all transactions completed by 4:30 p.m. on that business date. Transactions completed after 4:30 p.m. Eastern Time, USA, including transfers, will be processed on the following Business Day.
Consumer Accounts – Means a demand deposit or other asset account in the name of an individual held for personal, family, or household purposes.
Privacy Statement – First Landmark Bank understands how important privacy is to our customers. We have taken steps to insure your security and privacy for your personal and financial dealings with the bank. Our customer privacy statement can be obtained by clicking on any First Landmark Bank Privacy Statement link or button throughout the First Landmark Bank On-line Banking web site.
Security is very important to First Landmark Bank. Because your password is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a password that is hard to guess. Keep your password safe. Any person having access to your First Landmark Bank online banking access ID and password will be able to access Online Banking 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 or authorized using your password. You should consider changing your password occasionally, such as every 90 days.
Balance Inquiries, Bill Payments and Transfers
You may use First Landmark Bank Online Banking to check the balance of your accounts, transfer funds between your accounts and pay bills from your eligible accounts.
Balances in your accounts may differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. If you have further questions, contact us at email@example.com.
Special Information about E-Mail
Generally, requests received from the system will be processed within two business days using procedures that would handle similar requests received by mail or fax. If urgent action is required, we recommend that you contact First Landmark Bank directly by telephone at 770.792.8870 between 9:00 a.m. and 5:00 p.m., Monday – Friday, or in person. Do not use e-mail to send us confidential information such as credit card numbers, PIN numbers, passwords, Social Security Numbers, Account Numbers, or other important and confidential information.
Through First Landmark Bank’s Online Banking you may subscribe to our optional Online Banking Bill Payment system. The Bill Payment service allows you to schedule payments through your Online Banking system for current, future, and recurring bills from your checking or savings account. You must designate a specific account as your Bill Payment account.
Restrictions: We will not permit you to use a money market or savings account as your Bill Payment account, because federal regulations require us to limit either by contract or in practice the number of certain types of transfers from money market deposit accounts. Under these regulations, you are limited to six (6) preauthorized electronic fund transfers and telephone transfers, including First Landmark Bank’s Online Banking transactions, checks, and point-of-sale transactions per month. Each fund transfer or payment through First Landmark Bank’s Online Banking from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each month. Payments to your loan accounts are not counted toward this limit.
Account holders that require two (2) signatures for withdrawal purposes will be unable to access the Online Banking Bill Payment service.
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 First Landmark Bank’s Online Banking for these payees. When we receive a 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, on the day you have instructed them to be sent (Payment Date). 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. Funds for ALL bill payments, whether paid electronically or by check, will be withdrawn on the day the payment is scheduled to be SENT to the payee.
Stop, Change, or Delete Payments: You have the right to stop, change, or delete any scheduled payment prior to the Payment Date by calling First Landmark Bank at 770-792-8870. We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to processing the payment. Once processing of the payment has begun, you can no longer stop payment.
NOTE: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 at least one (1) full business day in advance of the date you schedule for us to initiate payment (payment date). 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 a longer delivery time. Payments made by paper should be scheduled at least three (3) business days prior to the due date.
Liability: If you fail to schedule your payment according to the recommended timeframe, First Landmark Bank will not be responsible for the late fees or finance charges. We will 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. First Landmark Bank 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 whom any bill payment is made, fails to properly transmit the payment to the intended payee. We will also not be liable if there are insufficient funds or credit availability in your designated payment account or overdraft protection plan, if a legal order prohibits us from conducting withdrawals to the payment account, if there is a hold on the account for uncollected funds or any other valid reason for hold, if the payment account is frozen or closed, or if any part of the electronic funds transfer system is not working properly. We will not be liable for indirect, special, or consequential damages due to the use of Bill Payment.
Transfer Types and Limitations
1. Account Access
You may use the Service to:
- Transfer funds between eligible accounts (checking, savings, loans & lines of credit) on a one-time or recurring basis;
- Obtain Account balances;
- Pay bills directly from your accounts(s) on a one-time, fixed or variable recurring basis, in accordance with the terms of this Agreement to merchants and individuals in the U.S.;
- Review transaction history;
- Receive images of checks;
- Secure e-mails to customer service;
- Print statements;
- Download account information to personal software program.
2. Limitations on Frequency of Transfers
You may initiate an unlimited number of transfers between your eligible accounts subject to the limitations that apply to the maximum number of automatic or recurring withdrawals from savings account.
3. Limitations on Dollar Amount of Transfers/Bill Payments
Each transfer between accounts and the maximum aggregate amount per day is unlimited.
Bill payments will be paid from checking accounts only. Dual signature checking accounts will not be eligible for Bill Payment Service. Each bill payment and maximum aggregate amount per day is unlimited from an eligible account.
Fees for the First Landmark Bank Online Banking Service
The First Landmark Bank Online Banking service is available to our personal account customers at no monthly charge for account information services, transfers between accounts, and unlimited bill payment. If Bill Pay is inactive for more than 90 days, a $5.95 fee will be assessed for each month the Bill Pay service is inactive. For business bill pay services and fees, please contact us at 770-792-8870.
Notice of Your Liability (Applicable to Consumer Accounts Only)
Tell us AT ONCE if you believe your Access ID and Password have been lost or stolen. 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. Your account and use of this Online Banking product are governed by Regulation E and the disclosures provided to you at account opening.
Contact in the Event of Unauthorized Transfer
If you believe your Access ID and Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, you can call us at 770-792-8870 or fax us at 770-792-8873 with the details of the problem or write us at:
First Landmark Bank
P O Box 5138
Marietta, GA 30061
Bank Liability (Applicable to Consumer Accounts Only)
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
1. If, through no fault of ours, you do not have enough money in your account to make the transfer or payment.
2. If the transfer or payment would go over the credit limit on your overdraft line.
3. If the Service or your personal computer or modem was not working properly and you knew about the breakdown or malfunction when you started the transfer or payment.
4. Any information provided by you about the payee is incorrect.
5. There are any delays in the handling of the payment by the payees.
6. Circumstances beyond our control prevent the proper completion of the transaction, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, fire, flood, tornado, delay in the U.S. Mail or other uncontrollable circumstances such as power failure, the disconnecting or quality of your telephone line.
7. Funds in your account are subject to legal process or other restrictions prohibiting the transfer.
8. It can be shown that the merchant or payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of First Landmark Bank Online Banking or our service providers.
9. Other applicable laws and/or regulations exempt us from liability.
Risk of Loss
In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated were in the process of completing or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
Error Resolution Notice
Your account and use of this Online Banking product are governed by Regulation E and the disclosures provided to you at account opening. In case of errors or questions about your electronic transfers telephone us at 770-792-8870;
First Landmark Bank
P O Box 5138
Marietta, GA 30061
In the event of a dispute arising under or relating in any way to this Agreement or to the Online Service provided under this Agreement, you and we agree to resolve this dispute by looking to the terms of this Agreement. If there is a conflict between what one of our employees says and the terms of this Agreement, the terms of this Agreement shall control.
Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 770-792-8870.
Periodic statements. You will get a monthly account statement from us for your checking accounts. The payee name, payment amount, and transaction date will be reflected for each payment made through the Service. 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 On-Line Banking.
Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments.
Call us at 770-792-8870 or write us at First Landmark Bank, P O Box 5138, Marietta, GA 30061, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may require you to put your request in writing and send it to us within fourteen (14) days after you call. We will charge $34.00 for each stop payment order you give.
Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, of when the amount would fall outside certain limits that you set.)
Liability for Failure to Stop Payment (Applicable to Consumer Accounts Only)
If you order us to stop one of these regular payments three (3) Business Days or more before the Payment Date, and we do not do so, we will be liable for your losses or damages.
Information about your account(s) or the transaction(s) you make may be
1. It is necessary to verify the existence and condition of your account to a third party such as a credit bureau or merchant.
2. It is necessary to comply with a governmental agency or court order.
3. You give us permission, which we may require to be in writing.
4. It is necessary to collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic funds transfer service.
5. It involves a claim by or against us concerning a deposit to or a withdrawal from your account.
6. We are required or permitted to do so under state or federal laws and/or regulations.
For additional information on our sharing practices, please refer to our Privacy Statement by clicking on any First Landmark Bank Privacy Statement link or button throughout the First Landmark Bank Online Banking web site.
You may terminate your use of Online Banking at any time by calling us at
770-792-8870, by visiting our bank, or writing to us at First Landmark Bank, P O Box 5138, Marietta, GA 30061. You must notify us within ten (10) days prior to the date you wish to have your Service terminated. We may require you to put your request in writing. If you have a scheduled payment within this ten (10) day period, you are required to cancel those payments according to the instructions in the section titled “Preauthorized Payments” You will be responsible for payments with transaction dates during the ten (10) days following our receipt of your written notice of termination if you do not cancel those payments. We will notify you confirmation of your termination.
We may terminate your access to Online Banking, in whole or in part, at any time without notice, if you do not comply with the terms of this Agreement, or the agreements governing your Accounts, or if we believe that you have handled your Account(s) in a fraudulent manner. We may also terminate your access to Online Banking for any other reason by giving you twenty (20) days notice. Termination will not affect your liability under this Agreement for transactions that we have processed on your behalf.
No Signature Requirements
When any payment or other online service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.
First Landmark Bank may, from time to time, introduce new First Landmark Bank Online Banking services. We shall update this Online Access Agreement to notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the terms contained in this Online Banking Access Agreement.
First Landmark Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their personal computer and diskettes using a reliable virus product to detect and remove any viruses. Undetected viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
This Agreement and its enforcement shall be governed by the laws of the State of Georgia, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. The account(s), products and services accessed via the Online Service shall be governed by laws of the applicable account agreements. We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
This agreement may not be assigned to any other party by you. We may assign or delegate, in part or whole, to any third party.
Terms and conditions of this agreement may be amended in whole or part at any time within 30 days written notification prior to the change taking effect. If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. Amendments or changes to term(s) or condition(s) may be made without prior notice if they do not result in higher fees, more restrictive service use, or increased liability to you.
This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this agreement shall supersede.