Security Bank N.A. (the “bank”, “we” or “us”) offers their On Net Service to enable you to perform account balance and activity inquiries, funds transfer and other banking transactions and to communicate with the bank on your PC via the Internet.
As used in this agreement “Account” means the designated transaction accounts at Security Bank from which we make transfers on your behalf pursuant to this Agreement. In this Agreement “you” or “your” refers to the person(s) subscribing to or using the Service; “we”, “us” or “our” refers to Security Bank N.A. and any agent, independent contractor, designee or assignee Security Bank N.A. may, in its sole discretion, involve in the provision of the Service.
The “bank” reserves the right to refuse to make a transfer (unless required to do so under the Electronic Funds Act), but will notify you of any such refusal to make a transfer.
CONSENT TO ELECTRONIC CONTRACTING You agree that Bank may make agreements with you concerning the Service by electronic means. All agreements entered into by electronic means will be deemed valid, authentic and shall have the same legal effect as agreements entered into in writing. You will be deemed to have received any electronic messages sent to you if such messages are sent to the latest email address you have provided to Bank. You further agree that electronic copies of communications are valid as “originals” and you will not contest the validity of the electronic copies, absent proof of altered data or tampering. This consent to the use of electronic agreements and communications shall apply to all agreements and communications made in conjunction with this agreement and the Service.
YOUR CUSTOMER I.D. AND PIN (PERSONAL IDENTIFITION NUMBER The Bank will provide you with a Customer I.D. and a temporary PIN to use for your initial access to On Net. Upon system access, you will be prompted to enter a PIN of your choice. Use of your Customer I.D. and PIN identifies and authenticates you for access to your accounts via On Net.
You agree NOT to disclose your Customer I.D. or PIN, in any way whatsoever, to anyone other than an authorized account party.
ONLINE BUSINESS DAY/HOURS OF OPERATION The On Net Service is available 24 hours a day, seven days a week, except during maintenance periods. Transactions initiated before 7:00 P.M. EST on a business day are posted to your account the same day. Transaction initiated after that time on a business day, Saturday, Sunday or bank holiday, will post on the next business day.
OUR LIABILITY We will process all transfers properly initiated through the On Net Service in accordance with the terms of this Agreement. If we do not make a transfer on time or in the correct amount according to your instructions given in accordance with this agreement, we will be liable for your proximately caused losses or damages. However, there are some exceptions. We will NOT be liable, for instance if:
Through no fault of ours, you do not have enough available funds in your account to make the transfer.
The transfer would exceed the balance in the deposit account you use for overdraft protection, or the credit limit on your overdraft credit line, or the line has been closed.
You have not properly followed the instructions on how to make a transfer contained in the Transfer Provisions or the online instruction for the Service .
Your computer, the software, phone lines, or the Bank’s computer systems were not working properly and you should have been aware of this obvious problem when you attempted the transfer request.
Circumstances beyond our control, such as telecommunication outages, strikes, fires, floods and other natural disasters prevent the transfer, despite reasonable precautions that we have taken.
A “hold” was placed on the funds in your account or funds were remitted to another party with your knowledge, pursuant to reasonable business procedures, or in compliance with legal process such as garnishment, tax levy, court order, etc.
We have received incomplete or incorrect information from you or a third party involving the account or transfer.
We have a reasonable basis for believing that unauthorized use of your Customer I.D., PIN or account has occurred or may be occurring; or
We or you have terminated your Security Bank N.A. On Net Service or closed the account(s).
There may be other exceptions.
FUNDS TRANSFER DOLLAR LIMITS The maximum dollar limit on any transfer is equal to the available balance in your account plus the available balance or credit balance in any other account or line of credit that provides overdraft protection.
CANCELING OR CORRECTING TRANSFERS You cannot cancel your transfer after it has been entered and transmitted via Security Bank N.A. On Net Service. You can correct information about a transfer before it is transmitted and you can use On Net Service to reverse a transaction after it has been entered and transmitted by sending a reversal transaction.
DOCUMENTATION AND VERIFICATION OF TRANSFERS The dates and amounts of transfers made through the On Net Service will be shown on the Transaction History screen of the On Net and will also be shown on your monthly statements for the accounts from which and to which the transfers were made.
NOTICE OF YOUR RIGHTS AND RESPONSIBILITIES If you believe you Customer I.D. and PIN have become known by an unauthorized party, or that someone has transferred money without your permission, call Security Bank N.A. immediately on (954) 971-9890 or 1-800-971-9890 or write to Security Bank N.A., 1450 S State Road Seven, North Lauderdale, Fl. 33068. Our business days are Monday through Friday, excepting bank holidays . Hours are 9 A.M. through 5 P.M.
If you tell us within two business days after you learn that your Customer I.D. and PIN have become known by an unauthorized party, you can lose no more than $50.00 if someone used your Customer I.D. and PIN without your permission to process a transaction. If you do not tell us within two business days, and we can prove that we could have stopped someone from using your Customer I.D. or PIN without your permission if you had told us, you could be liable for as much as $500.00.
Also, if your statement shows electronic funds transfers that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if 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 a hospital stay) kept you from telling us, we may extend the time periods.
ERRORS OR QUESTIONS In case of errors or questions about your electronic transfers, call or write us at: Security Bank N.A., 1450 S State Road #7, North Lauderdale, FL 33068-Phone No. (954) 971-9890 or 1 (800) 971-9890. Our business days are Monday through Friday , excepting bank holidays. Hours are 9 A.M. through 5 P.M.
If your think your statement is wrong or if you need more information about a transfer listed on the statement, telephone or write us at the numbers and address listed in this agreement as soon as possible. We must hear from you no later than 60 days after we send you the FIRST statement on which the problem or error appeared. Please follow these directions:
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 tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transaction involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if transaction involved a new account or it is a foreign initiated transaction) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days (20 business days if the transfer involved a new account) 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. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.
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 an explanation in writing or via electronic message. You may ask for copies of the documents that we used in our investigation. You may write or call us at the address and phone number listed in this agreement.
As a Security Bank N.A. On net Service customer, you agree that the Bank may respond to you by electronic mail with regard to any claim of error or unauthorized electronic funds transfer or any question related to the Services. You will be deemed to have received any such electronic mail within three days after we send the notice, whether or not your have retrieved the notice by that time.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES We may disclose information to third parties about your account or the payments or transfers you make:
When necessary for verifying or completing transfers, or to resolve a problem related to a transfer; or
To verify the existence and status of your account for a third party such as a credit bureau or merchant; or
If you give us your written (including electronic message) permission; or
As otherwise allowed or required in applicable Bank Agreements or by law or government regulation.
COMPUTER EQUIPMENT AND SOFTWARE-LIMITATION AND LIABILITY Access to On Net will be provided through the Worldwide Web of the internet. You are solely responsible for the set up, installation, operation, and maintenance of the equipment you use to access the On Net Service and for providing your own access to the Internet through the Internet Service Provider of your choice. Your browser must support at least 128-bit encryption. We are not responsible for the cost of upgrading your equipment to stay current with the On Net Service. We are not responsible for any errors or failures from any malfunction of your computer and we are not responsible for any computer virus or related problems that may be associated with the use of your computer. You agree that Security Bank N.A. is not responsible for any electronic virus that you may encounter using Security Bank N.A. On Net Service. We encourage you to routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.
ENTIRE AGREEMENT This Agreement is the complete and exclusive agreement between you and is related to the Security Bank, N.A. On Net Service and supplements any other agreement or disclosure related to your account(s). In the event of a conflict between this Agreement and any other agreement or disclosure related to your account(s) or any statement by our employees or agents, this Agreement shall control.
WAIVERS No delay or omissions by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise thereof or the exercise of any other right or remedy. No Waiver shall be valid unless in writing and signed by us.
ASSIGNMENT You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.
GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, without regard to the state’s conflicts of laws provisions.
AMENDMENTS We can emend this Agreement upon notice to you, which you agree may be sent by E-mail. Any notice will be effective not later than ten days after we send the notice (unless a law or regulation requires a longer notice period), whether or not you have retrieved the notice by that time.
NEW SERVICES We may, from time to time, introduce new services or enhance the existing services of On Net. By using these new On Net services when they become available you agree to be bound by the terms and conditions relating to these services, notice of which will be sent to you, if required by applicable law, via e-Mail and/or written notice, prior to their release.
TRANSFER LIMITATIONS-MONEY MARKET ACCOUNTS You may make no more than six transfers or withdrawals (including On Net transfers) from this account type per monthly statement cycle. (Provided no more than 3 checks are included in this total of 6). Transfers in excess of these limits will be assessed a per transfer fee of $2.00. Continued excessive activity may result in the transfer of the account to a checking account.
TRANSFER LIMITATIONS-SAVINS ACCOUNTS You may make no more than three transfers or withdrawals (including On Net transfers) from this account type per monthly statement cycle. Transfers in excess of these limits will be assessed a per transfer fee of $1.00.
TERMINATION You may terminate your use of the On Net Service at any time by calling Security Bank N.A. We may terminate your use of the Service, in whole or in part, at any time without prior notice. Your access to the Service will terminate automatically if your Account is closed, or access to your account is restricted, for any reason. Termination will not affect your liability or obligation under this agreement.
By clicking on the “Accept” button below you indicate your execution and acceptance of the electronic delivery of this Agreement and acknowledge your receipt and understanding of this agreement.
© 2007 Security Bank, N.A.