Online Banking Agreement

The First National Bank of Groton Online Banking Agreement

This The 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 FNBG through the Groton Bank Online banking system, including our mobile banking applications (“Groton Bank Online”). By using Groton Bank 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 FNBG accounts as well as your other agreements with FNBG (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 FNBG 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 FNBG with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

  1. Definitions

    • As used in this Agreement, the words “we”, “our”, “us”, “FNBG” and “bank” means FNBG. “You” and “your” refer to the “ACCOUNT HOLDER” authorized by FNBG to use Groton Bank Online under this Agreement and anyone else authorized by that account holder to exercise control over the account holder’s funds through Groton Bank Online. 

    • “Account” or “accounts” means your accounts at FNBG. 

    • “Electronic funds transfers” means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your FNBG accounts using Groton Bank Online. 

    • “Groton Bank Online Services” means the services provided pursuant to this Agreement. 

    • “Business day” means Monday through Friday. Holidays are not included.

  1. Groton Bank Online Services – The transactions and functions available through Groton Bank Online may include, but are not limited to:

    • Balance inquiries on your FNBG accounts

    • View your transaction histories on your FNBG accounts

    • Transfer funds between your FNBG accounts

    • Transfer of funds between your FNBG accounts and accounts at other financial institutions (if enabled)

    • View account statements and images of paid checks and deposit slips

    • Make payments via transfer on your FNBG loan accounts

    • The use of our Bill Pay services

    • The use of our Remote Deposit Anywhere (“RDA”) services

    • The use of Mobile Banking services

    • Place stop payments on checks

    • Suspend your FNBG debit card(s) or report your FNBG debit card(s) as lost or stolen

The above transaction and function capabilities may be available, either all or in part, depending on the account, customer type, or other Online Services limitations. We reserve the right to restrict the use of Groton Bank Online for any account type or to impose any other limitation or restriction on the use of Groton Bank Online.

You acknowledge and agree that these services may be provided by an independent third party service provider (“Vendor”) as selected by FNBG, and that both the Vendor and Groton Bank Online are subject to change from time to time without notice to you. You further acknowledge, agree, and stipulate that the Vendor is an independent contractor providing software and data transmission services and is not an agent of you or FNBG. Neither FNBG nor the Vendor is responsible for the actions or omissions of the other.

  1. Access – You may access Groton Bank Online at my.grotonbank.com and our mobile apps available on Apple and Android operating systems. To use Groton Bank Online, you must acquire the computer and/or mobile hardware and software required to access Groton Bank Online, access to Internet service, and an e-mail address. You may self-enroll in the service using information we have on file, or you may contact us to enroll in the service. We also utilize 2FA/MFA to confirm your identity. You can access any of your FNBG accounts through Groton Bank Online. We undertake no obligation to monitor transactions through Groton Bank Online to determine that they are made on behalf of the account holder. If this is a business or similar account, you indemnify FNBG for any losses related to claims alleging unauthorized account activity.

  2. Equipment – You understand that it is your responsibility to install, maintain and operate your computer, mobile device and related equipment such as a modem and/or router used to connect to the Internet. FNBG is not responsible for any liability, loss, injury, malfunction, or damage relating to your computer equipment, software or Internet connection.

  3. Hours of Access – You can use Groton Bank Online seven days a week, twenty-four hours a day, although some or all Groton Bank Online services may not be available occasionally due to an emergency or scheduled Groton Bank Online maintenance. We may post notice of any known extended periods of non-availability on the Groton Bank Online and/or FNBG web site.

  4. Your Password – 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 Groton Bank Online will be revoked. To re-establish your authorization to use Groton Bank Online, you may contact us to have your password reset or you may use the self-reset tool on the login page. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters and symbols 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.

  5. Security – You understand it is your responsibility to prevent misuse of your accounts through Groton Bank Online and you agree to promptly examine your periodic statement for each of your FNBG 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 Online Banking ID are intended to provide security against unauthorized entry and access to your accounts. As a precaution, we recommend that you do not send emails or other electronic messages containing confidential Account information. You agree to not leave any device unattended while logged into Groton Bank Online, and you should never share your Login Credentials with us or anyone else. You understand that we are entitled to act upon any instructions received under your Login Credentials; therefore, you agree to guard and protect your Login Credentials to ensure the security and protection of your Account(s). Data transferred via Groton Bank Online is encrypted in an effort to provide transmission security and Groton Bank Online utilizes identification technology to verify that the sender and receiver of Groton Bank Online transmissions can be appropriately identified by each other. You acknowledge that the Internet is inherently insecure and that it is your responsibility to protect yourself and to be vigilant against e-mail and/or text messaging fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” or “pharming”).

  6. Virus Protection – FNBG is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your devices using a continually updated virus protection product. An undetected virus may corrupt and destroy programs, files and your hardware, and may even affect portions of the software used for Groton Bank Online.

  7. Fees and Charges – There is currently no charge assessed by FNBG for the use of Groton Bank Online. Bill Pay services assess a charge of $2.95 per month after six months free. FNBG reserves the right to implement changes in the future with proper notification. You agree to pay the applicable fees and charges for your use of Groton Bank Online services as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the FNBG checking account designated by you when you enroll in services. 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 Groton Bank Online. 

  1. Balance Reporting – FNBG shall provide you, subject to the terms and conditions contained in the Agreement, with the service(s) that you requested. FNBG shall provide prior day and the current memo posted balance and transaction information on your FNBG account(s). FNBG shall not be responsible for the accuracy and timeliness of the delivery of any information furnished to Groton Bank Online by other reporting banks.

  2. Internal Transfers – You agree that given the size, type and frequency of the intra-FNBG transfers (“internal transfers”), which you intend to make, the following procedures are commercially reasonable. You agree that FNBG may solely rely on these procedures to verify the authenticity of your transfer requests. You agree to be bound by any internal 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 Groton Bank Online. FNBG 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. FNBG shall be entitled to rely upon any transfer request reasonably believed by FNBG to have been input by you or your authorized users. However, the persons you authorize to have access to and make transfers from your account(s) through Groton Bank 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 Groton Bank Online transactions.

    • Internal transfers initiated through Groton Bank Online before 10:00 p.m. Eastern Time on a business day (defined as Monday through Friday, holidays not included) are posted to your account the same day. Internal transfers completed after 10:00 p.m. Eastern Time on a business day, on Saturday, Sunday or FNBG holiday, will be posted on the next business day

    • Groton Bank Online identifies transfers based upon the Online Banking 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.

    • FNBG may, in its sole discretion, reject any transfer request if there are insufficient Available Collected Balances in your authorized account(s); or the transfer request (1) is not authenticated to FNBG’s satisfaction or which FNBG, 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. FNBG shall incur no liability for any loss to you or to any third person occasioned by FNBG’s refusal to make such transfer.

    • FNBG 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 FNBG 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 FNBG’s reasonable control.

    • Types of Transfers: Transfer funds between your checking, savings and loan accounts (“internal transfers”), and accounts at other financial institutions (“external transfers”) (if enabled).
      LIMITATIONS – 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. 

  1. 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 Groton Bank 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 Groton Bank 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. 

  1. Confidentiality – We will disclose information to third parties about your account(s) or the transfers you make:

    • Where it is necessary for completing or providing Groton Bank Online transactions or features, 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. 

  1. Periodic Statements – You may elect to receive electronic periodic statements for your accounts. Doing so would mean you no longer receive paper statements for the accounts selected. Transfers to and from your accounts using Groton Bank Online will appear on the respective periodic statements for your FNBG accounts. 

  1. Change in Terms – We may change any term of this Agreement at any time. If the change would result in increased fees for any Groton Bank 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 Groton Bank Online. We will post any required notice of the change in terms on the Groton Bank Online and/or FNBG web site, or forward it to you by email 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 Groton Bank 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 Groton Bank 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. 

  1. In Case of Errors or Questions about Your Electronic Transfers – Telephone us at (607) 898-5871 or (800) 229-8869 (long distance), via secure message through Groton Bank Online, email us at [email protected], or write us at 161 Main Street, Groton, NY 13073 as soon as possible 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 email, we may require that you send us your complaint or question securely through Groton Bank Online, in writing by postal mail or fax within ten (10) business days.

For Consumers only:
We will determine whether an error occurred within five (5) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to ninety (90) days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within five (5) 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.

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 Groton Bank 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 Groton Bank 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. 

  1. 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 # 21 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 periodic statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the periodic statement was sent 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. 

  1. 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 Groton Bank Online services provided to you under this Agreement. We do not and cannot warrant that Groton Bank Online will operate without errors, or that any or all Groton Bank 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 Groton Bank 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 FNBG and its affiliates exceed the amounts paid by you for the services provided to you through Groton Bank Online. 

  1. Third Party Services – Groton Bank Online may occasionally provide links to web pages provided by third parties. When you access those web pages provided by third parties, you are leaving the Bank’s secure web site. Some of those pages may not be secure. Each of those web sites will operate under its own privacy policy. You are solely responsible for reviewing the privacy policy on each web site and providing only that information you believe is appropriate to share with the provider of the web site.Our site may include promotional materials via links to web pages provided by third parties from whom you may purchase certain goods or services. You understand that we do not operate or control the products or services. The party providing each product or service is responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and those third parties.You agree that your use of any such service is AT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS OR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND OUR ASSOCIATES OR FOR ANY INFORMATION APPEARING ON ASSOCIATES SITES OR ANY OTHER SITE LINKED TO OUR WEBSITE. 

  1. Your Right to Terminate – You may cancel your Groton Bank Online service at any time by providing us with written notice, in person, by postal mail or fax. Your access to Groton Bank 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. 

  1. Our Right to Terminate – You agree that we can terminate or limit your access to Groton Bank Online services for any of the following reasons:

    • Without prior notice, if you have insufficient funds in any one of your FNBG accounts. Groton Bank 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 Groton Bank Online for a period of 360 consecutive days.

    • Upon reasonable notice, for any other reason in our sole discretion. 

  1. Communications Between FNBG 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 at [email protected].

    • Conversations on Groton Bank Online - you may securely chat with us using this feature on the Groton Bank Online website or app

    • 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. 

  1. 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 Groton Bank Online web site or by e-mail. You agree to notify us immediately of any change in your e-mail address. 

  1. Acceptance of Agreement – By clicking the ‘Agree” button on Groton Bank Online, you confirm you have read and accept all of the terms and conditions of this Agreement. 

  1. Bill Pay Functions – You may use the FNBG Bill Pay service to make payments from your checking account. The following terms and conditions apply to your use of bill payment services via personal computer, mobile device or any other device as may be offered by FNBG:

    • To pay bills, you authorize FNBG to remit a payment from your checking account on your behalf to a particular payee (bill payment). 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 FNBG. 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 be 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 FNBG 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 FNBG checking accounts only. Bill payments will not be processed from other types of deposit or loan accounts. 

  1. Reporting Unauthorized Transactions - If you believe that an unauthorized transaction has been made from your Groton Bank Online account, telephone us immediately at 607-898-5871 /1-800-229-8869, or write to us at: The First National Bank of Groton, Attn: Online Banking, 161 Main Street, Groton, NY 13073.

    • Customer’s Responsibility

      • You are responsible for all transfers and bill payments you authorize using Groton Bank 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 FNBG right away will help you reduce possible losses.

    • Bank’s Responsibility

      • 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 instruct us soon enough for your payment or transfer to be made and properly credited by the time it is due;

        • We have reason to believe that the transaction requested is unauthorized.

        • Your Login Credentials has been reported lost or stolen

        • 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;

        • Completing a transaction would cause us to violate any law, rule, or regulation to which we are subject.

        • if your equipment 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;

        • The Online Services were not working properly and you were aware of the malfunction when you initiated the transaction.

        • 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 The First National Bank of Groton, Attn: Online Banking, 161 Main Street, Groton, NY 13073.

  1. Authorization - Use of your Groton Bank Online Banking Password is your signature authorization.