Online Banking and Master Cash Management Agreement

I. Introduction
II. Accessing Your Accounts, Security and Your Responsibilities
III. Online Services and Limitations
IV. Optional Bill Payment Service
V. Changes to Fees, Charges and Other Terms
VI. Additional Electronic Fund Transfer Disclosures and Agreement Terms
VII. Limitations on Bank Liability
VIII. Other Provisions

Effective January 2008

First Colony Bank of Florida Personal Online Banking Service is available to all Checking and Money Market Account customers at no charge for account information and transfer services.   Personal Bill Payment Services are available to all Checking and Money Market Account customers at no charge except for Personal Basic Checking and Business Non-Profit Checking customers.   If Personal Basic Checking or Business Non-Profit Checking customers desire to add the option of Bill Payment Services, you may do so by contacting First Colony Bank of Florida at (407) 740-0401.   Business Online Banking and Bill Payment Services offer enhanced online cash management modules and are available to business customers only at an additional charge.   For a schedule of fees and charges associated with Personal and Business Online Banking and Bill Payment Services, see Section VI under sub-paragraph entitled Fees and Charges.

I. Introduction

General Information:   This Online Banking and Bill Payment Agreement ("Agreement") is an agreement between you and First Colony Bank of Florida that outlines and governs the Terms and Conditions for accessing your personal and business accounts via First Colony Bank of Florida Online Banking Service.  This Agreement explains the terms and conditions which govern the following Online Banking Services:   Account and Balance Inquiries, Account Transfers, Transaction Downloads.

Bill Pay Transfer:  This Agreement also includes and incorporates the disclosures required by the Electronic Fund Transfers Act (15 USC 1693 et seq.).  This Agreement applies only to First Colony Bank of Florida Online Banking Services.  Other electronic fund transfers to or from your accounts at First Colony Bank of Florida are governed by the Electronic Fund Transfer Disclosure provided to you when you established your account or when you requested other electronic fund transfer services.

In order to use First Colony Bank of Florida Online Banking Service, you must accept these terms and conditions.   By clicking on the "I Agree" button at the end of this Agreement, you hereby agree to abide by all the terms and conditions of this Agreement and acknowledge your receipt and understanding of this Agreement.  Please read this Agreement carefully and print a copy for your records.  This Agreement is governed by federal laws and regulations and, to the extent not preempted by federal law, by laws and regulations of the State of Florida.

Personal Accounts:  Some of the terms set forth in this Agreement, as specified in this Agreement, apply only to Consumer Accounts.  A "Consumer Account" is an account held by a natural person and used primarily for personal, family or household purposes.

Business Days:  The term "Business Day" means Monday through Friday, excluding any federal banking holidays. 

II. Accessing Your Accounts, Security and Your Responsibilities.

Password and Login Security:   In order to activate Online Banking Services, you must have at least one eligible account with First Colony Bank of Florida.  Security is very important to First Colony Bank of Florida.  When you login to Personal Online Banking for the first time, you will choose your own User ID and password.  The User ID and password must meet the format requirements outlined below: 

Business Online Banking customers will be provided with a Company ID, User ID and a temporary password for the initial login.  Immediately upon the first login, you will be prompted to create a new User ID and password.  The User ID and password must meet the format requirements outlined below: 

For your protection, do not disclose your password to anyone. You authorize us to act on instructions received under your password without inquiring into the identity of the person using that password.  Any person having access to your First Colony Bank of Florida Online Banking password will be able to access your accounts and perform all transactions, including reviewing account information and making transfers to other accounts.  You are liable for all transactions made by persons authorized to use your password.

For security purposes, you should memorize and not write down your password.  You are responsible for keeping your password, account numbers and other account data confidential.  Under no circumstances should you disclose your password by telephone to anyone claiming to represent First Colony Bank of Florida.  Bank employees do not need and will not ask for your password.  If, despite the Bank's advice, you give your password to someone, you do so at your own risk since anyone to whom you give your password or other means of access will have full access to your account(s), even if you attempt to limit that person's authority.

You agree that we are authorized to provide information to, and act upon the instructions of, any party to whom you have given your password and that we are not liable for any loss, damage, claim or liability that is caused by, or related to, use of your password by any party to whom you have provided them.  If you believe that your password may have been lost or stolen, or that someone has transferred or may request a transfer to or from your account, or has made payments against your account, or requested a change in your information without your permission, you must immediately notify First Colony Bank of Florida.  See Part VI of this Agreement for additional information relating to liability for unauthorized transactions and error resolutions.

Your session time is unlimited; however, to help prevent unauthorized access and ensure the security of your accounts, we will end your online session if we have detected no activity for 20 minutes.  This is to protect you in case you accidentally leave your computer unattended after you login.  When you return to your computer, you will be prompted to re-enter your password and your session will continue.

Your Rights and Responsibilities:  In addition to this Agreement, you agree to be bound by and comply with the applicable Account Agreements and Disclosures, the rules and regulations of the electronic transfer system, and applicable state and federal laws and regulations.  You, the consumer, are responsible for keeping your online password and account data confidential.  We are entitled to act on transaction instructions received using your password, and you agree that the use of your password will have the same effect as your signature, authorizing the transaction(s).   If you authorize other persons to use your password in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization, changed your password, and that you are responsible for any transactions made by such persons until such time as we receive and have time to act upon the notification that transfers by that person, or instructions regarding your accounts, are no longer authorized. 

III.  Online Services and Limitations

Available Services: You may use your personal computer to: 

Other services may be added to First Colony Bank of Florida Online Banking Service and will be communicated to our customers as the additions are made.

Hours of Accessibility:  You may access First Colony Bank of Florida Online Banking Service seven days a week, 24 hours per day.  Necessary system maintenance will be scheduled for hours during which system traffic is normally at a minimum.  If the system is unavailable due to an unanticipated problem, you may use one of our ATM machines or a branch office (during regular business hours) to conduct transactions.

Balance and Transaction Information:  You may access any eligible First Colony Bank of Florida account on which you are an owner or signer to receive transaction history and balance information.  The balance and account history will show the current and available balances of the account, including any transactions conducted prior to the inquiry.  Returns in progress due to non-sufficient funds or stop payments may not be reflected in the inquiry.

Account Information and Transfers:  Account balances and activity is current information.  Funds transferred between related accounts initiated on your computer using Online Banking and received by the bank before 7:00 p.m. EST on a Business Day will be effective on that Business Day.  Transfers processed on your computer using Online Banking and received after 7:00 p.m. EST on a Business Day or any non-Business Day will be effective the next Business Day.

Unavailable, Delayed, or Inaccurate Account Information:  We strive to provide complete, accurate and timely account information through Online Banking.  However, unless otherwise required by law, we will not be liable to you if any such information is unavailable, delayed or inaccurate.  With respect to electronic funds transfer problems, such as unauthorized transfers or the Bank's failure to properly complete authorized transfers, the extent of our liability is described in Part VI of this Agreement.

Limits on Frequency and Amount of Transfers:  Federal Banking Regulations require us to limit either by contract or in practice the number of certain types of transfers from money market and savings deposit accounts.  Under these regulations, you are limited to six (6) preauthorized transactions per statement cycle to other accounts or third parties by means of preauthorized transfer, checks, drafts, or similar order payable to a third party, automatic transfer, or telephone transfer.  Payments to your First Colony Bank of Florida loan accounts are not included in this limit.  Subject to availability of funds in your designated checking account, there are no limits on the dollar amount of transfers to or from your account.

Service Cancellation:   First Colony Bank of Florida reserves the right to cancel your Online Banking Service at any time without notice due to insufficient funds in one or more of your accounts.  After cancellation, service may be reinstated at the discretion of the bank provided that funds are available to cover the cost of any fees and/or pending transfers.  To reinstate your service, contact First Colony Bank of Florida at (407) 740-0401.

If you wish to cancel any of your First Colony Bank of Florida Online Banking services, please contact First Colony Bank of Florida at (407) 740-0401 or send us cancellation instructions in writing to: First Colony Bank of Florida, Attn:   Online Banking, P. O. Box 940370 , Maitland , Florida 32794-0370 . 

IV. Optional Bill Payment, Positive Pay & ACH Debit-Block Services

TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

If you choose to subscribe to the Bill Payment Service in addition to the Online Banking Service, you are subject to the following terms and conditions.   Selection of the Bill Payment Service will enable you to make payments (either one time or recurring payments) online from your designated checking or money market deposit account to third parties as you direct; and use of the electronic bill feature to receive a bill from a participating Payee (see definition below).   

SERVICE DEFINITIONS

"Service" means the Bill Payment Service offered by First Colony Bank

"Agreement" means these Terms and Conditions of the Bill Payment Service.

"Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

“Billing Account” is the checking account from which all Service Fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding any Federal Reserve holidays.

“Customer Service Hours” are from 8:30 am to 5:00 pm EST each Business Day.

"Scheduled Payment Date" is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

“Due Date” is the date reflected on your Payee statement for which the payment is due.  It is not the late date or grace period.

“Scheduled Payment” is a payment that has been scheduled through the Service but has not begun processing.

 BILL PAYMENT SCHEDULING

When scheduling payments, the Service provides a smart calendar function that automatically calculates a delivery date for a payment based on whether a payee is paid electronically or by check.   When a payment amount is entered for a payee, an estimated delivery date is displayed on the page.   The smart calendar is not available when scheduling recurring payments.   Customers are presented with a two month smart calendar when scheduling payments.  

Payments generally require three to five business days to process.   Payments can only be made to payees within the United States and its territories.   The average processing time does not apply for bill payments sent to U.S. territories (Guam, Puerto Rico and the U.S. Virgin Islands) or to international military bases.

A maximum of ninety-nine bill pay funding accounts may be set up for any one customer.   Bill payment files are transmitted Monday through Friday at 9:00 p.m. ET.   No bill payment processing is done on Federal Holidays.  Payments will be processed the next processing day if initiated on a Saturday, Sunday or Federal Holiday.   Future dated payments scheduled for a weekend or Federal Holiday will be processed the business day following the scheduled date.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system.  In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you.  You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly.  However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
  4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Payee.   These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment. 

PAYMENT CANCELLATION REQUESTS

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application.  There is no charge for canceling or editing a Scheduled Payment.  Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted. 

STOP PAYMENT REQUESTS

The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared.  The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed.  If you desire to stop any payment that has already been processed, you must contact Customer Service.  Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so.  The Service may also require you to present your request in writing within fourteen (14) days.  The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule. 

PROHIBITED PAYMENTS

Payments to Payees outside of the United States or its territories are prohibited through the Service. 

EXCEPTION PAYMENTS

Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and must be scheduled at your own risk.  In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments.  The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service.  The Service has no obligation to research or resolve any claim resulting from an exception payment.  All research and resolution for any misapplied, erroneously posted or misdirected payments will be the sole responsibility of you and not of the Service. 

BILL DELIVERY AND PRESENTMENT

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements.  In addition, if you elect to activate one of the Service’s electronic bill options, you also agree to the following:

Information provided to the Payee – The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly.  Additionally it is your responsibility to maintain all usernames and passwords for all electronic Payee sites.  You also agree not to use someone else’s information to gain unauthorized access to another person’s bill.

Activation – Upon activation of the electronic bill feature the Service may notify the Payee of your request to receive electronic billing information.  The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data - Your activation of the electronic bill feature for a Payee shall be deemed by us to be your authorization for us to obtain bill data from the Payee on your behalf.   For some Payees, you will be asked to provide us with your user name and password for that Payee.   By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification – The Service will use its best efforts to present all of your electronic bills promptly.  In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account.  It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills.  The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification – The electronic Payee reserves the right to cancel the presentment of electronic bills at any time.  You may cancel electronic bill presentment at any time.  The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee.  It may take up to sixty (60) days, depending on the billing cycle of each Payee.  The Service will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery.  The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) – You agree to hold the Service harmless should the Payee fail to deliver your statement(s).  You are responsible for ensuring timely payment of all bills.   Copies of previously delivered bills must be requested from the Payee directly.

Accuracy and dispute of electronic bill – The Service is not responsible for the accuracy of your electronic bill(s).  The Service is only responsible for presenting the information we receive from the Payee.  Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Payees.

EXCLUSIONS OF WARRANTIES

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SERVICE FEES AND ADDITIONAL CHARGES

Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services.  You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you.  Any financial fees associated with your standard deposit accounts will continue to apply.  You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider. 

FAILED OR RETURNED TRANSACTIONS

In using the Service, you are requesting the Service to make payments for you from your Payment Account.  If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed.  In some instances, you will receive a return notice from the Service.  In such case, you agree that:  

ALTERATIONS AND AMENDMENTS

This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time.  In such event, the Service shall provide notice to you.  Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s).  Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete.  Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as a part of the Service, you agree to receive all legally required notifications via electronic means.

ADDRESS OR BANKING CHANGES

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate.  This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made by contacting your financial institution.  Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application’s Help files.   All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information.  The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:

  1. Telephone us during customer service hours at (407) 740-0401; and/or
  2. Contact us by using the Service’s e-mailing feature; and/or
  3. Fax us during customer service hours at (407) 740-8292, Attention: Online Banking; and/or
  4. Write us at:  

First Colony Bank of Florida
Attn:   Online Banking
P.O. Box 940370
Maitland, FL 32794-0370

The Service will complete any payment(s) the Service has already processed before the requested cancellation date.  All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time.  Neither termination nor suspension shall affect your liability or obligations under this Agreement.

PAYEE LIMITATION

The Service reserves the right to refuse to pay any Payee to whom you may direct a payment.  The Service will notify you promptly if it decides to refuse to pay a Payee designated by you.  This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

RETURNED PAYMENTS

In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee’s forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full.  The Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account.  You may receive notification from the Service.

DISCLOSURE OF ACCOUNT  INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential.  However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

  1. Where it is necessary for completing transactions or activating additional services;
  2. Where it is necessary for activating additional services;
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
  4. To a consumer reporting agency for research purposes only;
  5. In order to comply with a governmental agency or court orders; or,
  6. If you give us your written permission.

INACTIVITY

If you do not sign on or have outstanding scheduled bill payments or transfers through Online Banking for 90 days or more, we may cancel your Service without further notice.

CREDIT INFORMATION

You agree to allow Bank, for the purpose of qualifying and maintaining your Accounts and Service, to the extent permitted under applicable law, to obtain information from credit reporting agencies, ChexSystems or similar agencies, as Bank deems necessary.

DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement.  You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement.  If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

SEVERABILITY

If any provision of the Agreement is found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of this Agreement.

MEDIATION

Should any dispute arise between you and the Provider relating to the Account and if following the good faith negotiation of the dispute, it cannot be resolved, it shall first be submitted to mediation. Mediation shall be conducted at the nearest office of the mediation organization mutually agreed upon by you and Provider.

JURY TRIAL WAIVER

YOU AND BANK EACH HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF THIS AGREEMENT OR RELATING TO THE ACCOUNT AS PERMITTED UNDER APPLICABLE LAW.

ASSIGNMENT

You may not assign this Agreement to any other party.  The Service may assign this Agreement to any future, directly or indirectly, affiliated company.  The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service.  No delay or omission on the part of the Service 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.

CAPTIONS

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law’s provisions.   To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law.  Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY.  IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

TERMS AND CONDITIONS  OF POSITIVE PAY AND ACH DEBIT-BLOCK SERVICES                                                         

If you choose to subscribe to Positive Pay and/or ACH Debit Block in addition to the Online Banking Service, you are subject to the terms and conditions shown in Positive Pay and ACH Debit Block Product Schedules which will be provided by a Bank Representative. 

By completing and signing an Authorization Form and/ or Product Schedules, and/or using one or more of the Services, Customer agrees to, and shall be bound by, the terms, conditions and provisions in this Master Agreement, including those for each Service which Customer has selected. Financial Institution, in its sole discretion, may not permit Customer to use the Service until Financial Institution has determined that Customer has accepted or executed the applicable documentation and otherwise provided appropriate information and specifications for the use of the Service, and until Financial Institution has had a reasonable opportunity to review the Authorization Form and activate the Service. In any event, Customer agrees that the use by Customer of any Service shall, without any further action or execution or acceptance of any documentation on the part of Customer, constitute Customer’s acceptance of and agreement to Financial Institution’s terms and conditions for the use of such Service as may be in effect as of the time of such usage, whether set forth in this Master Agreement, any applicable Product Schedule or otherwise prescribed by Financial Institution. In the event of a conflict between the terms of this Master Agreement and those of any Authorization Form, or Product Schedule, the terms of the Authorization Form, or Product Schedule as applicable, shall govern and control with respect to the Service at issue. In order to activate the Service, you must have at least one Account with us linked to the Service.  Fees for this Service(s) will apply - see a Bank Representatives for more information and details.

V. Changes to Fees, Charges and Other Terms

We reserve the right to change the fees, charges or other terms outlined in the Agreement.  We will notify you 30 days prior to implementation of changes, either by written notice or e-mail, and will also update this Agreement, if the changes to this Agreement are more restrictive than those stated in the agreement, or increase your responsibility for unauthorized transactions.  In the event that a change is necessary to ensure the security of the online system, an immediate change may be necessary, and we will notify you within 30 days after the change is made by electronic or written notice.  You may choose to accept or decline changes by continuing or discontinuing the services to which the changes relate.  We reserve the option to waive, reduce or reverse charges or fees in individual situations.  Changes to fees applicable to specific accounts are governed by the applicable Account Disclosure or Schedule of Fees. 

VI. Additional Electronic Fund Transfer Disclosures and Agreement Terms

UNAUTHORIZED TRANSFERS

Tell us AT ONCE if you believe your password or other means to access you Account has been lost or stolen or if you believe your password may be used without your permission.  Also, if your monthly statement shows transfers that you did not make, contact us immediately.   You could lose all the money in your account (plus your maximum overdraft line of credit).    Telephoning is the best way of keeping your possible losses down.  If you believe this might have occurred, please immediately:

  1. Telephone us during customer service hours at (407) 740-0401; and/or
  2. Contact us by using the Service’s e-mailing feature; and/or
  3. Fax us during customer service hours at (407) 740-8292; and/or
  4. Write us at:

First Colony Bank of Florida
Attn:   Online Banking
P.O. Box 940370
Maitland, FL 32794-0370

The following three paragraphs apply only to Accounts that are "Consumer Accounts" (as defined in the Introduction to this Agreement):

  1. If you tell us within two (2) Business Days after you discover your password or other means to access you Account has been lost or stolen, you are responsible for no more than $50 if someone accesses your Account without your permission.  If you do NOT tell us within two (2) Business Days after you learn of such loss, theft or unauthorized use of your password, and we can prove that we could have stopped the unauthorized use of your password or other means to access your Account if you had told us, you could be responsible for as much as $500.
  2. If your monthly statement shows transfers that you did not authorize, you must tell us at once.  If you do not tell us within sixty (60) days after your statement was FIRST mailed to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.
  3. If a good reason, such as a confirmed extended trip or hospital stay, kept you from telling us, we may extend the time periods. 

ERRORS AND QUESTIONS

In case of errors or questions about your transactions, you should notify us as soon as possible via one of the following:

  1. Telephone us during customer service hours at (407) 740-0401; and/or
  2. Contact us by using the Service’s e-mailing feature; and/or
  3. Fax us during customer service hours at (407) 740-8292, Attention: Online Banking; and/or
  4. Write us at:

First Colony Bank of Florida
Attn:   Online Banking
P.O. Box 940370
Maitland, FL 32794-0370

If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after we mailed you the FIRST statement on which the problem or error appeared.  When you contact us about your problem, please be sure to:

The following three paragraphs apply if your complaint, error or question is with regard to a “Consumer Account”:  

  1. We will determine whether an error occurred within ten (10) Business Days [five (5) Business Days for VISA CheckCard point-of-sale transactions] after we hear from you and correct any error promptly.  If we need more time to confirm the nature of your complaint or question, however, we reserve the right to take up to forty-five (45) calendar days to complete our investigation.   If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error.   If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account.
  2. For errors and questions   involving new accounts (an account that has been opened for 30 days or less), we may take up to 90 Calendar Days to investigate your complaint or question.  For new accounts, we may take up to 20 Business Days to provisionally credit your account for the amount you think is in error.
  3. We will tell you the results of our investigation within three (3) Business Days after completing our investigation.   If we decide that there was no error, we will send you a written explanation. You may ask for copies of documents used in our investigation.   The Bank may revoke any provisional credit provided to you if we find an error did not occur.

Our Liability for Failure to Make Transfers or Paying Late

If the Service does not complete a transfer to or from your bank account on time or in the correct amount according to our agreement with you, and if the transfer was to or from a Consumer Account, we will bear responsibility for any late payment related charges up to a maximum of $50.00 should a payment be delivered after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Bill Payment Scheduling” in this Agreement.  However, there are some exceptions.  Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account.  We will assume no liability:

Confidentiality -- Disclosure of Account Information

You authorize First Colony Bank of Florida to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided that we have obtained about your accounts and the transfers you make: 

  1. Where it is necessary for completing transactions or activating additional services;
  2. Where it is necessary for activating additional services;
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
  4. To a consumer reporting agency for research purposes only;
  5. In order to comply with a governmental agency or court orders; or,
  6. If you give us your written permission.

Please refer to our Privacy Disclosure that we provided to you for a complete description of our policies and practices relating to the disclosure of your information to third parties. Our Privacy Disclosure also is available at www.firstcolonybank.net or by calling us at (407) 740-0401.

Preauthorized Credits/Deposits

If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company the person or company making the deposit will tell you every time they send us the money OR you can call us at (407) 740-0401 to find out whether or not the deposit has been made. 

Periodic Statements

You will get a monthly account statement, except for a Savings Account in which there were no electronic transactions in a particular month.  In latter case, you will receive an account statement on at least quarterly basis. 

Computer Hardware and System Requirements

The table below includes the operating systems and browsers approved to meet security and application requirements for Online Banking:      

    BROWSER AND OPERATING SYSTEM REQUIREMENTS:                             

 

 

Operating System

Microsoft Internet Explorer

Apple Safari ®

Mozilla Firefox

Google Chrome™

Windows XP SP3

7.0, 8.0

4.0, 5.0

23.0, 24.0

3.0 and higher

Windows Vista®

8.0, 9.0

4.0, 5.0

23.0, 24.0

3.0 and higher

Windows 7

8.0, 9.0, 10.0

N/A

23.0, 24.0

3.0 and higher

Windows 8

10.0

N/A

23.0, 24.0

N/A

Mac OS X 10.7 (Lion™)

N/A

4.0, 5.0

23.0, 24.0

N/A

Mac OS X 10.8 (Mountain Lion™)

N/A

6.01

23.0, 24.0

N/A

iPad

N/A

6.01

N/A

N/A

 

       Note: Cookies and JavaScript must be enabled.

 

     MOBILE REQUIREMENTS: 

Devices for Downloadable Apps         

OS

Mfr

Device

iPhone & iPad Applications

iOS 6.x

Apple

iPad 2

iOS 6.x

Apple

The New iPad

iOS 5.x

Apple

iPad 2

iOS 5.x

Apple

The New iPad

iOS 4.x

Apple

iPad 1

iOS 4.x

Apple

iPad 2

iOS 6.x

Apple

iPhone 3GS

iOS 6.x

Apple

iPhone 4

iOS 6.x

Apple

iPhone 4S

iOS 6.x

Apple

iPhone 5

iOS 5.x

Apple

iPhone 3GS

iOS 5.x

Apple

iPhone 4

iOS 5.x

Apple

iPhone 4S

iOS 5.x

Apple

iPod Touch 4th Gen

iOS 4.x

Apple

iPhone 3GS

iOS 4.x

Apple

iPhone 4

iOS 4.x

Apple

iPod Touch 4th Gen

Android Application

Android OS 2.2

Varies

Varies

Android OS 2.3

Varies

Varies

Android OS 4

Varies

Varies

Android OS 4.1

Varies

Varies

 

Devices for Enhanced Mobile Web (SmartWAP)            

OS

Mfr

Device

BB OS 6.0

Blackberry

Varies

BB OS 7.0

Blackberry

Varies

BB OS 7.1

Blackberry

Varies

iOS 3.2.x

Apple

Varies

iOS 4.x

Apple

Varies

iOS 5.x

Apple

Varies

Android 2.1

Varies

Varies

Android 2.2

Varies

Varies

Android 2.3

Varies

Varies

Android 4

Varies

Varies

Windows Phone 7.x

Varies

Varies

Wndows Phone 7.5

Varies

Varies

Windows Phone 8

Varies

Varies

 

Devices for Text Banking

Supported on all mobile phones using a certified carrier. 

Devices for Baseline Mobile Web (WAP)

Supports all mobile devices with WAP 2.0 browsers capable of storing cookies.

Fees and Charges:

Personal Online Banking

Service Monthly Fee
All Personal Checking Accounts Free
Personal Money Market Accounts Free
All Business Checking Accounts Free
Business Money Market Accounts Free

Personal Bill Payment Service

Service Monthly Fee
Basic Checking Accounts $6.00
All Other Personal Checking Accounts Free
Non-Profit Checking Accounts $6.00
All Other Business Checking Accounts Free

Business Online Banking With Bill Payment

Service Monthly Fee
Premier     $25.00
Premier Plus (adds ACH & Premier Reporting Modules)     $50.00
Premier Plus with ACH File Upload     $75.00
Premier Plus with ACH File Upload & Debit Block, and Positive Pay   $100.00

You agree to be responsible for any local or long distance telephone charges or Internet Service Provider (ISP) charges that you incur by accessing your accounts via First Colony Bank of Florida Online Banking Service. 

VII. LIMITATIONS ON BANK LIABILITY

We will not be responsible for the following incidents, errors or failures:

Access

We will not be responsible for failure to provide access or for interruptions in access to First Colony Bank of Florida Online Banking or Bill Payment Services due to a system failure or due to First Colony Bank her unforeseen acts or circumstances.

Your Computer Equipment or Software

We will not be responsible for any errors or failures from any malfunction of your computer, any computer virus or other problems related to your computer equipment used with First Colony Bank of Florida Online Banking Service.

We are not responsible for any error, damages or other losses you may suffer due to the malfunction or misapplication of any system you use, including your browser (Microsoft Explorer®, Netscape Navigator®, or otherwise), your Internet Service Provider (ISP), your personal financial management or other software, (such as Quicken®, or Microsoft Money®), or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with First Colony Bank of Florida Online Banking Service.

Online Bill Payment

We are not responsible for postal delays or processing delays by the payee for any bill payment made through our Bill Payment Service. 

VIII. Other Provisions

Electronic Notice

With your consent, we may send notices to you by electronic mail (e-mail).  You may use e-mail to contact us about inquiries, maintenance, and/or some problem resolution issues.  E-mail may not be a secure method of communication.  We therefore recommend that you do not send confidential personal or financial information by e-mail.  There may be times when you need to speak with someone immediately, especially to report a lost or stolen PIN, or to stop a payment.  In these cases, do not use e-mail.  Instead, call us at (407) 740-0401 during customer service hours, Monday - Friday 8:30 a.m. - 5:00 p.m., excluding Bank Holidays.

Warranty and Software Limitations

NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE (OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS), UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.

Ownership of Website

The content, information and offerings on our Website are owned by First Colony Bank of Florida, and the unauthorized use, reproduction, linking or distribution of any portions is strictly prohibited.

Geographic Restrictions

First Colony Bank of Florida Online Banking and Bill Payment Services described in this Agreement and available on our Website are solely offered to citizens and residents of the United States of America who are currently residing in the United States.  Citizens and residents outside the United States may not be able to access First Colony Bank of Florida Online Banking or Bill Pay Services.

Scope of Agreement

This Agreement represents our complete Agreement with you relating to our provision of First Colony Bank of Florida Online Banking and Bill Pay Services.  No other statement, oral or written, including language contained in our Website, unless otherwise noted, is part of this Agreement.

Assignments

The Bank may assign certain of its rights and responsibilities under this Agreement to independent contractors or other third parties. 

Out-of-Band Authentication SMS Text Message Terms of Use

  1.  Your wireless carrier's standard messaging rates apply to SMS correspondence. First Colony Bank of Florida does not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your Wireless Carrier.
 
 2.  You represent that you are the owner, or authorized user of the wireless device you use to receive the service, and that you are authorized to approve the applicable charges.
 
 
  3.  We will send you a message only once, and only with your explicit agreement as indicated by your continuation of the process flow.
 
  4.  We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
 
  5.  Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you provide us information in connection with the service, you agree to provide accurate, complete, and true information.
 
  6.  The service as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality.
 
  7.  The service is available only in the United States.
 
  8.  We reserve the right to alter charges and/or these terms and conditions from time to   time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
 
  9.   If you have any questions, e-mail BANKSUPPORT@firstcolonybank.net. You can also text the word HELP to 32858 to get additional information about the service. If you receive a message from us unexpectedly, you can text the word STOP to 32858. We do not charge for help or info messages; however, your normal carrier rates apply..