First National Bank of Groton Consumer/Business Online Banking Agreement
This Consumer/Business First National Bank of Groton (“FNBG”) Online Banking Agreement (“Agreement”) is a contract that establishes the rules, which cover your electronic access to your accounts at First National Bank of Groton through the FNBG Online Banking system ( “FNBG Online”). By using FNBG Online, you accept all the terms and conditions of this Agreement, as amended from time to time. Please read it carefully.
The terms and conditions of the deposit agreements and disclosures for each of your First National Bank of Groton accounts as well as your other agreements with First National Bank of Groton such as loans continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable Federal laws and the laws of the State of New York (except to the extent this Agreement can and does vary such rules or laws). If any provision of this agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and First National Bank of Groton successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, (as amended from time to time) constitutes the entire Agreement between you and First National Bank of Groton with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
- Definitions – As used in this Agreement, the words “we”, “our”, “us”, “FNBG” and “bank” means First National Bank of Groton. “You” and “your” refer to the “ACCOUNT HOLDER” authorized by First National Bank of Groton to use FNBG Online under this Agreement and anyone else authorized by that account holder to exercise control over the account holder’s funds through FNBG Online. “Account” or “accounts” means your accounts at First National Bank of Groton. “Electronic funds transfers” means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your First National Bank of Groton accounts using FNBG Online. “FNBG Online Services” means the services provided pursuant to this Agreement. “Business day” means Monday through Friday. Holidays are not included.
- Access – To use FNBG Online, you must acquire the computer hardware and software required to access FNBG Online, access to Internet service, and an e-mail address. Once we have verified your account information, we will assign your log-in ID and temporary password. FNBG Online can be used to access only the First National Bank of Groton accounts that you have designated on your FNBG Online Enrollment Form. You can add or delete any of your First National Bank of Groton accounts from this Agreement by contacting an online support representative. Access to your accounts through FNBG Online will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through FNBG Online to determine that they are made on behalf of the account holder. If this is a business or similar account, you indemnify First National Bank of Groton for any losses related to claims alleging unauthorized account activity.MISCELLANEOUS – I understand that it is my responsibility to install, maintain and operate my computer and related equipment such as a modem. First National Bank of Groton is not responsible for any liability, loss, injury, malfunction, or damage relating to my computer equipment, software or Internet connection.
- FNBG Online Services – You can use FNBG Online to check the balance of your First National Bank of Groton accounts, make payments from your checking account, view your account histories, transfer funds between your First National Bank of Groton accounts, and make payments to your FNBG loans.
- Hours of Access – You can use FNBG Online seven days a week, twenty-four hours a day, although some or all FNBG Online services may not be available occasionally due to an emergency or scheduled FNBG Online maintenance. We agree to post notice of any known extended periods of non-availability on the FNBG Online web site.
- Your Password – For security purposes, you are required to change your password upon your initial log-in to FNBG Online. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three (3) unsuccessful attempts to use your password, your access to FNBG Online will be revoked. To re-establish your authorization to use FNBG Online, you must contact us to have your password reset or to obtain a new temporary password.We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
- Security – You understand the importance of your role in preventing misuse of your accounts through FNBG Online and you agree to promptly examine your paper statement for each of your First National Bank of Groton accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information alone, or together with information related to your account, may allow unauthorized access to your account. Your password and log-in ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via FNBG Online is encrypted in an effort to provide transmission security and FNBG Online utilizes identification technology to verify that the sender and receiver of FNBG Online transmissions can be appropriately identified by each other. You acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers or e-mail transmitted to and from us, will not be monitored or read by others.
- Virus Protection – First National Bank of Groton is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a continually updated virus protection product that also scans Internet and e-mail files. An undetected virus may corrupt and destroy programs, files and your hardware, and may even affect portions of the software used for FNBG Online.
- Fees and Charges – You agree to pay the fees and charges for your use of FNBG Online services as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the First National Bank of Groton checking account designated by you on your Enrollment Form. If you close the checking account that you have fees and charges debited from, you must contact us immediately to designate another checking account for the fees and charges. You agree to pay any additional reasonable charges for services you request, which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of FNBG Online.
- FNBG Online Banking – No charge
- Balance Reporting – First National Bank of Groton shall provide you,subject to the terms and conditions contained in the Agreement, with the service(s) that you requested as specified on the Enrollment Form. First National Bank of Groton shall provide prior day and the current memo posted balance and transaction information on your First National Bank of Groton account(s). First National Bank of Groton shall not be responsible for the accuracy and timeliness of the delivery of any information furnished to the FNBG Online by other reporting banks.
- Transfers – You agree that given the size, type and frequency of the intra-First National Bank of Groton transfers, which you intend to make, the following procedures are commercially reasonable. You agree that First National Bank of Groton may solely rely on these procedures to verify the authenticity of your transfer requests. You agree to be bound by any transfer requested in its name and which is in compliance with such procedures whether actually authorized or not. The procedures are as follows:
- You are responsible for the input and verification of all information into FNBG Online. First National Bank of Groton shall have no responsibility to determine the accuracy of such information. Should there be any conflict between account number and account name, the account number shall prevail. First National Bank of Groton shall be entitled to rely upon any transfer request reasonably believed by First National Bank of Groton to have been input by you or your authorized users specified in the Enrollment Form. However, the persons you authorize to have access to and make transfers from your account(s) through FNBG Online may not be the same persons who are authorized to sign on the account under your other agreements and signature cards with us. In cases where your authorizations to other persons differ from your authorizations for the same account(s) under the signature card agreement(s), the signature card agreement(s) will govern FNBG Online transactions.
- First National Bank of Groton cut-off time for FNBG Online transfer requests is 10:00 p.m. Eastern Time, after which time such requests will be processed the next business day.
- First National Bank of Groton may, in its sole discretion, reject any transfer request if there are insufficient Available Collected Balances in your authorized account(s) as specified on your Enrollment Form; or the transfer request (1) is not authenticated to First National Bank of Groton’s satisfaction or which First National Bank of Groton, in good faith, believes may not be authorized by you; (2) contains incorrect, incomplete or ambiguous information; or (3) involves funds subject to a lien, hold, dispute or legal process which prevents their withdrawal. First National Bank of Groton shall incur no liability for any loss to you or to any third person occasioned by First National Bank of Groton’s refusal to make such transfer.
- First National Bank of Groton shall not be responsible for any loss or liability arising from: your negligence or breach of this Agreement; any ambiguity or inaccuracy in any transfer request or in the information set forth in this Agreement given to First National Bank of Groton by you; or from any error, failure or delay in the execution of a book transfer, including without limitation any inoperability of computer or communication facilities, or other circumstances beyond First National Bank of Groton’s reasonable control.
- Types of Transfers:Transfer funds between your checking, savings and loan accounts.
LIMITATIONS – with a Savings account and Money Market account you may make six (6) transfers from your account each four (4) week or similar period, if by preauthorized or automatic transfer, or telephone (including data transmission) agreement, order or instruction. Three (3) of these transfers may be made by check, draft, ATM or similar order, made by the depositor and payable to third parties. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds being held until the hold expires.
- Posting of Transfers – Transfers initiated through FNBG Online before 4:00 p.m. Eastern Time on a business day (defined as Monday through Friday, holidays not included) are posted to your account the same day. Transfers completed after 4:00 p.m. Eastern Time on a business day, on Saturday, Sunday or First National Bank of Groton holiday, will be posted on the next business day. FNBG Online identifies transfers based upon the log-in ID of the user who made the electronic transfer. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers from your accounts in order to avoid overdrafts.
- Overdrafts (Order of Payments, Transfers, and other Withdrawals) – If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
- Electronic funds transfers involving currency disbursements and debit card transactions, like ATM withdrawals and point-of sales, will have priority;
- Electronic fund transfers initiated through FNBG Online which would result in an overdraft of your account may, at our discretion, be canceled;
- In the event the electronic fund transfers initiated through FNBG Online, which would result in an overdraft of your account, are not canceled, overdraft charges may be assessed pursuant to the terms of the Deposit Agreement for that account.
- Confidentiality – We will disclose information to third parties about your account(s) or the transfers you make:
- Where it is necessary for completing transfers, or
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
- In order to comply with government agency or court orders, or
- If you give us your written permission.
- Periodic Statements – You will not receive a separate FNBG Online statement. Transfers to and from your accounts using FNBG Online will appear on the respective periodic statements for your First National Bank of Groton accounts.
- Change in Terms – We may change any term of this Agreement at any time. If the change would result in increased fees for any FNBG Online service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or the security of FNBG Online. We will post any required notice of the change in terms on the First National Bank of Groton FNBG Online web site, or forward it to you by e-mail or by postal mail, as allowed or required by law. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or FNBG Online, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the FNBG Online services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable Deposit Agreements and disclosures.
- In Case of Errors or Questions about Your Electronic Transfers – Telephone us at (607) 898-5871 or (800) 229-8869 (long distance), or write us at 161 Main Street, Groton, NY 13073 as soon as you can, if you think your periodic statement is wrong, or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST periodic statement on which the problem or error appeared. When you contact us:
- Tell us your name and account number.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
- Tell us the dollar amount of the suspected error.
If you contact us orally or by e-mail, we may require that you send us your complaint or question in writing by postal mail or fax within ten (10) business days.
For Consumers only:
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (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 ten (10) business days, we may not credit your account.
If a notice of error involves an electronic funds transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions or foreign initiated transfers, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to provisionally credit your account for the amount you think is in error.
We will tell you the results within three 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 that we used in our investigation.Our Liability for Failure to Make a Transfer – 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 when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make a transfer.
- If a legal order directs us to prohibit withdrawals from the account.
- If your account is closed, or if it has been frozen.
- If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
- If any electronic terminal, telecommunication device, or any part of the FNBG Online electronic fund transfers is not working properly and you knew about the problem when you started the transfer.
- If you have not properly followed the on-screen instructions for using FNBG Online.
- If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
- Your Liability for Unauthorized Transfers – CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission (See # 22 below). An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any).For Consumers Only: If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period 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 long trip or hospital stay) kept you from contacting us, we will extend the time periods.
- Disclaimer of Warranty and Limitation of Liability – We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the FNBG Online services provided to you under this Agreement. We do not and cannot warrant that FNBG Online will operate without errors, or that any or all FNBG Online services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, trustees, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to FNBG Online, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of First National Bank of Groton and its affiliates exceed the amounts paid by you for the services provided to you through FNBG Online.
- Your Right to Terminate – You may cancel your FNBG Online service at any time by providing us with written notice in person, by postal mail or fax. Your access to FNBG Online will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
- Our Right to Terminate – You agree that we can terminate or limit your access to FNBG Online services for any of the following reasons:
- Without prior notice, if you have insufficient funds in any one of your First National Bank of Groton accounts. FNBG Online service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
- Non-usage of FNBG Online for a period of 180 consecutive days.
- Upon reasonable notice, for any other reason in our sole discretion.
- Communications Between First National Bank of Groton and You – Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
- E-mail – You can contact us by e-mail by clicking on the contact tab (Please note that First National Bank of Groton transactions through FNBG Online are not made via e-mail).
- Telephone – You can contact us by telephone at (607) 898-5871 or (800) 229-8869 (long distance) during business hours.
- Facsimile – You can contact us by fax at (607) 898-5085.
- Postal Mail – You can write to us at:First National Bank of Groton
161 Main Street
Groton, NY 13073
- In Person – You may visit us in person at any of our locations.
- Consent to Electronic Delivery of Notices – You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the First National Bank of Groton FNBG Online web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.
- Acceptance of Agreement – By checking the “I have read the agreement” box and clicking the ‘Accept” button on the web site, you confirm you have read and accept all of the terms and conditions of this Agreement.
- Online Payment Functions – You may use the First National Bank of Groton bill payment service to make payments from your checking account. The following terms and conditions apply to your use of bill payment services via personal computer or any other device as may be offered by First National Bank of Groton:
- To pay bills, you authorize First National Bank of Groton to remit a payment from your checking account on your behalf to a particular payee. Those payment requests are called bill payments. You must provide complete and accurate information including the payee name, address, account information and payment account. You should allow up to seven business days for a check payment to reach your payee and up to three business days for an electronic payment.
- Bill payments are processed twice each business day. Same-day processing of a payment requires that you submit the request by 12:00 p.m., Eastern Time. Payments submitted after the cutoff will be processed overnight and dated the next business day.
- You must maintain sufficient funds in your bill pay account in order to properly effect bill payments. Check payments are prepared from your bill pay account and will be presented for payment to your bill pay account when received by First National Bank of Groton. If there are insufficient funds or overdraft credit limits at the time the payment is presented to your account, the item may be returned to the payee and a fee may assessed to your account. If there are insufficient funds in your bill pay account to make an electronic payment, we will continue to attempt to process the payment until sufficient funds or overdraft credit limits are available.
- Bill payment requests are either individual, non-recurring transactions or automatic, recurring bill payments conducted on your behalf and at your direction.
- You must notify First National Bank of Groton within 60 calendar days after you receive your first bank statement on which you believe a problem or error occurred.
- You can modify or delete bill payments, but modifications or deletions must be made before the payment is processed. No modifications or deletions can be made after the payment has been processed.
- Bill payments can be authorized from First National Bank of Groton checking accounts only. Bill payments will not be processed from other types of deposit or loan accounts.
Reporting Unauthorized Transactions
If you believe that an unauthorized transaction has been made from your First National Bank of Groton Online account, telephone us immediately at 607-898-5871 /1-800-229-8869, or write to us at: First National Bank of Groton, Attn: Online Banking, 161 Main Street, Groton, NY 13073
- You are responsible for all transfers and bill payments you authorize using First National Bank of Groton Online Banking. If you permit other persons to use your password to perform transactions, you are responsible for any transactions they authorize from your accounts.
- You should notify us immediately if you believe any of your accounts have been accessed or your password has been used without your permission. Contacting First National Bank of Groton right away will help you reduce possible losses.
- We are responsible for processing your instructions and requests. We will be liable for direct damages incurred as a result of our gross negligence and willful misconduct. We will not be liable for any consequential damages.
- We will not be liable for any damages:
- if you do not have adequate money in an account to complete a transaction from that account, or if that account has been closed;
- if you have not properly followed the instructions on how to make a transfer or bill payment;
- if you have not given us complete, correct and current instructions so that we can make a transfer or bill payment;
- if you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due;
- if we make a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt;
- if withdrawals from any of your linked accounts have been prohibited by a court order such as garnishment or other legal process;
- if your computer or software is not working properly;
- if your Internet Service Provider or other telecommunications provider is not available to transmit your requests and instructions to the bank;
- if the U.S. Postal Service causes a delay; or
- if circumstances beyond our control prevent making a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, telecommunications outages, postage strikes, delays caused by payees, fires and floods.
This list is not all-inclusive. If you have any additional questions you may contact us by phone at 607-898-5871 or 1-800-229-8869, or write to us at First National Bank of Groton, Attn: Online Banking, 161 Main Street, Groton, NY 13073
No Signature Required
Use of your First National Bank of Groton Online Banking Password is your signature authorization.