Internet Banking Disclosure - Rabun County Bank

RABUN COUNTY BANK
INTERNET BANKING DISCLOSURE

Consumer Internet Banking Service Agreement
With Electronic Fund Transfer Act Disclosure

Thank you for choosing Rabun County Bank’s NetLine for your Internet Banking needs. This Consumer Internet Banking Agreement with Electronic Fund Transfer Act Disclosure (the “Agreement”) details your responsibilities as a user of Internet Banking services. You must consent to these Terms in order to enroll for Internet Banking Services with Rabun County Bank NetLine.

The Terms and Conditions of your respective Account Agreement(s) with us also govern your Account relationship(s) with us.

Terms and Conditions

Agreement: Unless varied or supplemented in writing, these Terms govern the operation of Internet Banking and your use of the products and services available through Internet Banking operated by Rabun County Bank (“RCB”).

By submitting the Enrollment Application to Internet Banking each of you agrees for yourself (and the person or entity you represent if you sign as a representative of another) to and RCB is entitled to enforce and rely upon your acceptance of all the Terms and Conditions contained herein.

You must be an existing RCB Account holder prior to submitting an application to enroll in Internet Banking services. RCB reserves the right to limit services to new Account holders (customers who have not had an Account opened with RCB for a period of time in excess of 30 calendar days).

Unless it would be inconsistent to do so, words and phrases used in this document should be construed so that the singular includes the plural and the plural includes the singular.

As used in this Agreement, the words “Bank”, “we”, “our” and “us” mean RCB and the words “you” or “your” mean the Account holder(s) or person(s) subscribing to or using NetLine. “Account” or “Accounts” mean your consumer or business Accounts at RCB which include your Checking, Savings, NOW, Money Market Accounts, Loan Accounts or any other Accounts that may be accessed using NetLine.

The purpose of this document is to establish and summarize rules governing transactions, circumstances and events applicable to you and your use of RCB’s NetLine. It also provides Disclosures and Policy to which you may be entitled or in which you may be interested.

Internet Banking Functions

You agree to use your User ID and password to perform the Services which are described below and in other areas of this Agreement:

To transfer funds between your designated Checking, Savings, NOW and Money Market Accounts at RCB. You select the Accounts that are linked for transfers (see Transfers).
To transfer funds from any deposit Account enrolled in Internet Banking to your designated Loan or other Credit Account(s) at RCB. You select the Accounts that are linked for transfers (see Transfers).
To receive balance, activity and certain other information on all selected Accounts owned by you. Once enrolled in Internet Banking, you are automatically given this level of access on all of your Accounts with RCB.
To search, sort or filter Account history on all Accounts you have with RCB.
To communicate with RCB via secure E-mail (Message Center) for the purpose of Account inquiries, maintenance and/or problem resolution issues and to request information on certain Bank products and/or services.
To set User-defined Alerts on Accounts based on present parameters including but not limited to minimum or maximum balance thresholds, specific check clearing or upcoming CD maturity. Alerts will be posted to your secure Message Center or you may also select to have Alerts sent to your external E-mail address.

Computer Requirements

Please refer to our Browser Positioning Statement which will give you the minimum hardware and software requirements to use RCB’s NetLine. RCB anticipates adding new capabilities and making upgrades to our systems from time to time, but RCB assumes no responsibility to provide or maintain your own personal computer (PC) requirements. Should upgrades impair your ability to access NetLine, you have the option of withdrawing from Internet Banking. The performance of your PC, the Internet Service Provider (ISP) you utilize, and interruptions in power or telephone services are some of the things over which RCB has little or no control and for which we will not be held liable. RCB endeavors to provide you with the highest quality Internet Banking Service available, however, the unpredictable nature of the Internet causes occasional inaccessibility to our Web Site.

Password and User Confidentiality

During online enrollment, you will enter a password that you will use to obtain secure access to NetLine. To improve security, passwords should be unique, non-sequential and not easily identifiable. All transactions initiated with your Password will be attributed to you. RCB may rely on any information and is authorized to follow any instructions you enter through Internet Banking using your password. Because your password can be used to access your Account information and to transfer money through NetLine, you should treat your password with the same degree of care and secrecy that you use to protect any other sensitive personal financial information, ATM, Debit or Credit cards or User IDs, and passwords or PINs (Personal Identification Numbers). You agree not to give your User ID or Password, or make it available to any person not authorized to access your Accounts. No RCB employee or service provider of RCB will contact you to request your password. If you are contacted by anyone requesting your password, or believe your password has been compromised, please change your password and contact us immediately. Refer to the Electronic Fund Transfer Disclosure for your rights and responsibilities regarding unauthorized transactions. Remember to Log Out. It is very important to log out after an Internet Banking session.

Balance Inquiries

You may use Internet Banking by signing on using your user-id and password to check the balance of your Accounts. Account balances will be current as of the date and time of your inquiry. The balance shown may include transactions still subject to verification by us. The balance shown also may differ from your records because it may not include deposits in progress, check card (Debit card) authorizations, outstanding checks, or other withdrawals, payments or charges.

Transfers

You may use Internet Banking to transfer funds among your designated Accounts. Some Accounts may need additional system configurations to allow transfers. Please contact a Customer Service Representative at 706-782-4571 or toll free at 800-866-5219 or by visiting any of our branch locations, if you have trouble transferring funds. Funds transfers will be made available in accordance with the Bank’s policy. (See a Customer Service Representative at one of our branch locations for copies of our Bank’s Funds Availability and Regulation E Disclosures). If there are insufficient funds in an Account from which you are requesting a funds transfer, the transfer will not be performed. Any transfer request made after 9:00 pm may not be credited until the next business day.

Limitation on Frequency of Transfers

Transfers from savings or money market Accounts to third parties by preauthorized or automatic withdrawals or telephonic Agreements or via the Internet or transfers to another Account at RCB or to a third party are limited to six (6) per statement cycle. An excessive transaction fee (refer to the Bank’s Schedule of Fees and Charges located on our Web page) will be assessed for each debit (withdrawal, transfer, check, bill payment) in excess of six (6) per statement cycle. Even if we honor a nonconforming request, repeated abuse of stated limitations (if any) may eventually force us to close your Account.

Financial Institution’s Liability

We will process and complete all transfers properly initiated through Internet Banking in accordance with the Terms of this Agreement. If we do not complete a transfer to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

Through no fault of ours, you do not have enough money in your Account to make the transfer.
If the transfer would go over the credit limit of your Personal Reserve Account (PRA) (if applicable).
If the Internet connection was not working properly and you knew about the breakdown when you started the transfer.
If circumstances beyond our control (such as fire, flood or delay in U.S. Mail) prevent the transfer, despite reasonable precautions we have taken.
The service or your PC or modem is not working properly and you knew about the malfunction when you started the transfer.
There may be other exceptions stated in our Agreement with you.

Documentation

All of your payments and funds transfers made through Internet Banking will appear on your periodic account statement(s). The transaction type, payment amount and transaction date will be reflected for each payment made through Internet Banking. Additional documentation:

Preauthorized Credits – If you have arranged to have direct deposits made to your Account, you may call us at the telephone numbers given in Contact Information or use Internet Banking to find out whether or not the deposit has been made.
Periodic Statements – You will receive a monthly checking and money market Account statement from us. You will receive a monthly savings Account statement from us unless there are no transfers in a particular month. In any case, you will receive the statement at least quarterly.

Preauthorized Payments

Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your Accounts, you can stop any of these payments by calling us at the telephone number given in this Agreement or writing to us at the address noted in this Agreement in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) calendar days after you call. We will charge you for each stop payment order you give. Please see the Bank’s Schedule of Fees and Charges for the stop payment fee amount.
Notice of varying amounts. If these regular payments vary in amount, the person you are going to pay will tell you, ten (10) days before each payment, when it will be and how much it will be.
Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Use of External E-mail Address

An external E-mail address is required for Internet Banking. We will send any Account Alerts you schedule to the external E-mail address you enter. Please enter E-mail address information accurately. Do not send private Account information, especially an Account number or password through external E-mail as E-mail sent outside of Internet Banking sessions is unencrypted and is therefore not considered secure.

Fees

Internet Banking for your Accounts is a free service. In addition, Internet Bill Payment Services are also free. Any Account Maintenance charges and other fees shown in the Bank’s Schedule of Fees and Charges may apply including overdraft charges. Fees are reviewed periodically and are subject to change. You will be notified of any fee changes at least thirty (30) days prior to the change taking effect.

Equipment

Except as provided herein, we are not responsible for any loss, damage or injury whatsoever resulting from:

An interruption in your electrical power or telephone service;
The disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality; or
Any defect or malfunction of your PC, modem or telephone line.

We are not responsible for any services relating to your PC other than those specified in this Agreement.

Business Days

For the purpose of these Disclosures, our business days are Monday through Friday, except Bank holidays. The Internet Banking Service is available 24 hours a day, seven days a week, except during scheduled maintenance periods or in the event of an emergency.

Your Liability for Unauthorized Transfers

Tell us AT ONCE if you believe your access code (User ID and Password used to access Internet Banking) has been lost or stolen. Calling us is the best way of keeping your possible losses down. Please read and be aware of the contents of any Consumer Alerts we may post on our website.

If you believe your password has been lost or stolen, contact us immediately. You could lose all the money in your Account plus your maximum overdraft line of credit. If you tell us within two (2) business days after you learn of the loss, you can lose no more than $50 if someone used your access code without your permission. If you DO NOT tell us within two (2) business days after you learn of the loss or theft of your access code, and we can prove we could have stopped someone from using your access code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within sixty (60) calendar days after the statement on which the unauthorized transfer(s) first appeared was mailed to you or provided to you electronically, we are not required to reimburse you for any money you lost after the sixty (60) calendar days 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 a hospital stay) kept you from telling us, we will extend the time periods.

Contact Information

In the event of an unauthorized transfer, or to report a stolen or lost Password, or to request information concerning electronic transactions on your Account, or to notify us of a possible error on your Account, call or write to:

Rabun County Bank, PO Box 845, Clayton, GA 30525
Phones: (706) 782-4571, Toll Free 1-800-866-5219
or send us a secure message via NetLine

Error Resolution

Call us or write to us at the number and address shown above in Contact Information as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or alleged error appeared.

Tell us your name and Account number (if any).
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 date and dollar amount of the suspected error.

If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you (twenty (20) business days for new Accounts) and will correct any error promptly.

We will credit your Account within one (1) business day after the determination is made, including crediting of any interest and fees as applicable. We will also provide you with a written report of our investigation results. If we need more time, however, we may take up to forty-five (45) calendar days to investigate the alleged error or your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have full use of the money during the time it takes us to complete our investigation. This is considered a provisional credit. We will notify you of the date and amount of the provisional credit within two (2) business days of doing so. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days of your verbal notification, we are not required to credit your Account.

For errors involving new accounts, point-of-sale, or foreign initiated transactions, we may take up to ninety (90) calendar days to investigate the alleged error or your complaint or question. For new accounts, accounts that are opened within the previous thirty (30) calendar days of notice of an alleged error, we may take up to twenty (20) business days to provisionally credit your account for the amount you think is in error. Again, we are not required to do so if we do not receive your notice in writing. We will provide you with a written explanation of our findings within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation, including notice that any provisional credit previously given has been debited to your account. We will provide you with the amount and date of the debit. RCB will honor any items without charge (up to the amount of this debit) that are debited to your account for five (5) business days after the transmittal of the notice that no error occurred. You may ask for copies of the documents that we relied on in making our determination.

Confidentiality

Please see RCB’s Privacy Policy and Internet Banking Privacy Disclosure for details concerning our commitment to protecting your confidential, financial information.

Termination

You may request to terminate your use of Internet Banking at any time by writing to us using the address provided in Contact Information, or by sending us a secure message using our Internet Banking Message Center. You must notify us at least ten (10) business days prior to the date on which you wish to have your Internet Banking Service terminated. We may require that you put your request in writing. If you have scheduled payments with a transaction date within this ten (10) business day period, you also must separately cancel those payments (see Payment Change or Stop Payments and Stop Payments After Payment Processing under the Bill Payment Service Disclosure). If we have not completed the processing of your termination request and you have not otherwise canceled a payment, you will be responsible for payments with transaction dates during the ten (10) business days following our receipt of your written notice of termination. We may terminate your use of Internet Banking, in whole or in part, at any time without prior notice. Termination will not affect your liability or obligations under this Agreement for transactions that we have processed on your behalf.

Account Closing

Our Right to Close Your Account for Security Reasons. We may close your deposit Account(s) and require you to open a new Account if there is a change in authorized signers, there has been fraud or forgery reported or committed involving your Account(s), your User ID or Password has been compromised, your deposit Account checks have been lost or stolen, there is suspicious activity in the Account, you have too many transfers from a deposit Account that has transaction limitations, or you have violated any other provision of this or any other Agreement with us. We may also close this Account at any time upon reasonable notice to you and tender of the Account balance personally or by U.S. mail. Notice from us to any one of you is notice to all of you. After a deposit Account is closed, we will have no obligation to accept deposits or pay any outstanding checks but we may do so at our option. You agree to hold us harmless for refusing to honor any check drawn on a closed Account. Applicable fees may be subtracted from the balance in your Account prior to closure. Any net balance after service charges have been deducted or interest credited and is either owed by you for an overdraft or by us for a credit balance in the Account, that is under one dollar ($1.00), may not require remittance by you to us or by us to you.

Illegal, Fraudulent or Improper Activity

You understand that transactions in your Account(s) may be suspended or terminated if an access device has been reported lost or stolen or when RCB or any of its providers reasonably believes that there is unusual activity on your Account(s). You will fully cooperate with RCB and its providers to investigate all illegal, fraudulent or improper activity.

RCB’s Limitation of Liability:

Except only as provided in Financial Institution’s Liability hereof, or by law, we are not liable for any loss, bodily injury or property damage, whether direct, indirect, punitive, special, general or consequential, caused by or related to Internet Banking, electronic document delivery or the RCB website, or in connection with the use or attempted use thereof, whether caused by the equipment, software, Web browser provider, internet access provider or online service provider or an agent or subcontractor of any of the foregoing. This also applies to any other matter addressed in this Agreement.

Entire Agreement

This Agreement is the complete and exclusive Agreement between you and us related to Internet Banking and supplements any other Agreement or Disclosure related to your Accounts. In the event of a conflict between this Agreement and any other Agreement or Disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control.

Waivers

No delay or omission by us in exercising any right or remedies hereunder 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 or the exercise of any other right or remedy. No waiver shall be valid unless in writing 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 Georgia, without regard to conflict of laws and principles. Georgia law will govern the validity, interpretation and performance of this Agreement and each of its provisions.

Changes to This Agreement (“Amendments”)

We may change any of the Terms and Conditions of this Agreement at any time upon at least thirty (30) days written notice to you prior to the effective date of any change. As indicated in our Electronic Documents and Communications Disclosure and in Notices to You below, we may post Amendments to this Agreement on our Web Site.

If you do not agree to the change, you must cancel your access to Internet Banking prior to the effective date of the change.

Order of Payment

Any payment orders made through Internet Banking may be paid in any order we determine. However, our customary practice is to make payments initiated on the same date in order of amount starting with the smallest amount and ending with the largest amount.

Notices to You

You agree that we may provide any notice to you called for in this Agreement by either posting it to our Web Site, by E-mail to the E-mail address you have provided us, or by United States Post Office mail to the address you provided to us, as the Bank may select. Notices sent to you will be effective when mailed or sent by E-mail. We seek to use electronic communications to the maximum extent possible in accordance with applicable laws and regulations (posted on our Web Site or sent to you via E-mail). These electronic communications may include among other things, important consumer Disclosures required by law or regulation, this Agreement and any Amendments to it and other general notices. While we may send general announcements via electronic communications to you, you must affirmatively consent to receive electronic consumer Disclosures. We are required to inform you of your rights and other information associated with electronic consumer Disclosures. You will have an opportunity to review this required information and make a decision on whether or not you wish to receive electronic consumer Disclosures when applicable.

Joint Subscribers

Joint account holders are required to subscribe individually to the Internet Banking service. Where two or more persons subscribe to Internet Banking for their joint Primary Checking Account (or any joint Account), RCB may and is entitled to rely and act upon instructions from any subscriber.

Account Holder’s Liability

Each of you agrees, for yourself (and the person or entity you represent if you sign as a representative of another) to the Terms and Conditions of this Agreement. Each of you will be jointly and severely liable for any Account deficit resulting from charges or overdrafts, whether caused by you or another authorized to withdraw from any Account as well as costs incurred to collect the deficit including, to the extent permitted by law, reasonable attorney fees. This liability is due immediately, may not be deferred and can be deducted directly from any Account balance whenever sufficient funds are available. You are liable regardless of whether you signed or authorized the item or benefited from the charge or overdraft.

Internet Banking Privacy Disclosure

We do not collect identifying information about visitors to our Web Site, however, if you choose to personalize your interaction with our Web portal site, your preferences will then be stored in a “cookie” file on your hard drive. This file contains no personal information and will not be shared with any third party. You may remove this cookie at your discretion at any time. As an Internet Banking customer of Rabun County Bank, we must collect certain information to process your online requests. This information may consist of your Account number, security verification information and E-mail address. Further, if you choose to participate in Bill Payment Services, then we must collect information about the companies you wish to pay in order to process your bill payment transactions.

Sharing Information with Third Parties

We have contracted with a third party to make Internet services available to our customers. We will provide our Internet Service Provider (ISP) with only that information necessary to conduct transactions for our customers. Our contract with our ISP requires them to maintain your information at the same high level of confidentiality with which we maintain your information.

Information Security

We have many security features in place to protect your information on the Internet. One of these features is the Password and User ID (access code) you must use to access your Account information online. You can protect your Account information by signing off of your computer when you have completed your transaction, by changing your Password frequently, and by not sharing these codes with anyone. If you forget to sign off, our Internet Banking system will sign off for you after there has been no activity for a certain period of time.

In addition to the foregoing, secure browsers, such as Microsoft’s Internet Explorer and Netscape’s Navigator, are required to access your information as additional protection of your Account information. We require 128-bit encryption capable browsers. Encryption serves to “scramble” your private, financial information as it moves between your computer and ours. Firewalls are also used to ensure that only authorized transactions occur.

Our authorized personnel review internal reports produced by our Internet system daily, to ensure that only authorized transactions have occurred.

We also offer links to other Web sites that may be of interest to you. These may include, for example, our Federal Regulator, the Federal Deposit Insurance Corporation (FDIC). Please note however, that when you leave our Web Site, you are leaving our secure site and entering a site over which we have no control.

There are many companies offering services to Internet customers. Some of these companies offer to bring all of your financial information to one Web site for your review. These companies are often referred to as “Account Aggregators” and are in no way affiliated with Rabun County Bank. Please be aware that if you provide your Access Code to one of these companies, you are authorizing them to access your Account. Any resulting transactions that may take place in your Account are considered to be authorized by you. This Disclosure concerns your use of these third party companies and your liability in connection with their activities on your Accounts and loans. If you choose to use the services of an Account Aggregator, you assume all risks inherent in disclosing your Passwords to a third party. RCB has no responsibility for any use or misuse of your Account data by any third party to which you have provided your Account information, Passwords or Access Codes. This means, among other things, that you are liable for all transactions conducted by the Account Aggregator on your behalf or with the use of your personal Passwords or Access Codes. In addition, RCB cannot ensure the accuracy of information provided to you by a third party Aggregator, and RCB cannot guarantee the ability of the third party to perform any type of banking transaction on your behalf, including but not limited to, verification of credits and debits, transfers of funds and bill payments. If you experience any problems with a third party Account Aggregator to whom you provided your Account information, you will have to resolve the problem directly with them. RCB can not accept responsibility for any losses, damages or fees assessed by another company or institution caused by the involvement of a third party Account Aggregator. If you wish to cancel their access to your Accounts, you will need to notify us so that we may issue new Access Codes for your Internet Account(s) with us.

E-Mail Security

We use Secure Socket Layer (SSL) protection for E-mails sent through our Internet Banking Web Site by customers who have accessed NetLine via their User ID and Password. Communications from NetLine are secure and our response to you is equally secure. However, E-mails sent by other means are not secure communications. We encourage our Non-Internet Banking customers to send all communication containing confidential information (such as your Account number or Social Security Number) to us in a letter at the address shown in Contact Information above.

There are numerous regulations in place to ensure your privacy, such as the Federal Right to Financial Privacy Act, the Gramm-Leach Bliley Act of 1999, the Electronic Fund Transfer Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act and the Children’s Online Privacy Protection Act. Rabun County Bank is committed to complying with all laws and regulations affecting our business. This is characteristic of the outstanding customer service you count on and receive from us.

Consumer Electronic Banking Service Agreement with Electronic Fund Transfer Act Disclosure

Attachment 1

Bill Payment Service Disclosure

This Attachment 1 to Internet Banking Service Agreement with Electronic Fund Transfer Disclosure (collectively, the “Agreement”) specifically governs your use of the Internet Banking Bill Payment Services in conjunction with the Internet Banking Service Agreement with Electronic Fund Transfer Act Disclosure between you and Rabun County Bank (“RCB”).

By enrolling for Bill Payment Services, you agree to the Terms of this Attachment and the Internet Banking Service Agreement with Electronic Fund Transfer Act Disclosure. Please read this Agreement carefully and keep a copy for your records.

Bill Payment Services is an optional feature of Internet Banking and provided to you for your convenience. Payments are actually handled by Metavante, an independent third party and a service provider of RCB. In order to enroll for Bill Payment Services, you must first have an Account with RCB and then enroll in Internet Banking. Bill Payment Services is a service that allows you to setup single or recurring payments to businesses and individuals from designated Account(s) you have with RCB.

New Bill Payment Service Enrollment and Adding Accounts: Once you complete the Bill Payment Services application process, the Bank will review your information. Until your application is processed, you will not be able to schedule payments. If you choose to add a new Account to fund payments, the same process will be completed. Please allow up to three (3) business days for a new application or to add a new Funding Account.
Accounts: Bill Payment Services may be used to schedule payments from Checking, NOW, savings, and Money Market Account (“Funding Accounts”). One customer may have up to 99 Funding Accounts. Transfers from Savings or Money Market Accounts to third parties by preauthorized or automatic withdrawals or telephonic Agreements or via the Internet or transfer to another Account at RCB or to a third party are limited to six (6) per statement cycle. An excessive transaction fee will be assessed for each debit (withdrawal, transfer, check) in excess of six per statement cycle (refer to the “Bank’s Schedule of Fees and Charges”). Also see Limitation on Frequency of Transfers under Terms and Conditions of this Agreement.
Foreign Payees Not Permitted: You can setup payments in U.S. dollars to individuals and businesses in the United States, including Guam, Puerto Rico, U.S. Virgin Islands, and international U.S. Military bases. Payments are not permitted to any international location not specifically listed above or in any non-U.S. currency.
Payees Permitted: Bill payments may be made to individuals, businesses, and government agencies. Bill payments made to any entity blocked by action of the federal, state, or local government will not be processed and you will be notified. Do not use Bill Payment Services to make payments to settle securities transactions.
Payments to Government Agencies: Bill payments may be made to government agencies. The Bank and its affiliates have limited ability to research any bill payment made to government agencies because of strict adherence to the consumer privacy regulations. The Bank specifically will not be responsible for any late fees or penalties that may be incurred for any payment scheduled via Bill Payment Services to any government agency. We strongly discourage the use of Bill Payment Services to make tax payments and any court-ordered payments. Under no conditions whatsoever will we be liable for any fines, late fees, or other damages resulting from your use of Bill Payment Services to schedule a tax payment or court-ordered payment.
Payee Set-Up: Once you add a new Payee you can schedule payments immediately. A maximum of 4,999 Payees per customer may be set up. Be very careful when entering Payee information and Payee Account information. We are not responsible for any late fees, finance charges or other losses resulting from your entry of incorrect Payee information or Account information. From time to time Payees will request the use of a new remittance address or electronic routing information. You are responsible for verifying that each Payee is set up correctly at the time of payment. By providing RCB with the names and account information of those persons or entities you wish to direct payment, you authorize RCB to follow the payment instructions that are entered through the Bill Payment Payee Set Up. When we act on payment instructions, you authorize us to charge your Funding Account and remit funds on your behalf so that the funds are paid out of your account as close to the business day designated by you as reasonably possible. While it is anticipated that most transactions will be completed on the date designated by you, it is understood that due to circumstances beyond the control of the Bank, particularity delays in handling and posting payments at the designated merchants or institutions, some transactions may take longer. For this reason, it is recommended that all payments be scheduled to transact several business days before the actual due date stated on your invoice, not the late date. See Payment Lead Time below.
Method of Payment: Payments are remitted to Payees by electronic methods where possible. Any remittance not made by electronic methods will be sent by paper check through the U.S. mail system. Payees who receive electronic payments are indicated on the payment scheduling screen.
Payment Processing Days: Payments may be scheduled at any time and on any days including weekends and holidays, except any time in which the system is unavailable for maintenance. Payments scheduled prior to Daily Cutoff Time Monday through Friday will be processed the same day. Daily Cutoff Time is 8:00 pm Central/9:00 pm Eastern. Payments scheduled after Daily Cutoff processing or on a weekend or Federal Holiday will be processed on the first Banking day thereafter.
Payment Lead Time: “Payment Date” is the day the payment will be processed by us, if scheduled prior to Daily Cutoff Time. You must schedule payments with enough processing Lead Time (at least 3-6 days before the payment is due). Most electronic Payees will post payments within three (3) business days of receipt. Non-electronic (check) payments in the continental U.S. should be scheduled at least 6-10 days before payment is due. Most check Payees will post payments within six (6) business days of receipt.

Some Payees may require more time before the payment due date in which to process payments. The Bank is not responsible for any late fees, finance charges or other penalties if you do not allow the time suggested by the Payee for payment processing. Payments will be debited from the Funding Account within two (2) Banking days of payment processing.

Payment Minimum and Maximum Amount: The minimum payment is $ .01 and maximum is $9,999.99.
Payment Change or Stop Payments: Payments scheduled for the current day may be cancelled or edited by you online without charge up to the Daily Cutoff Time for processing (8:00 PM CST or 9:00 PM EST). You may also place a Stop Payment by calling or coming to the Bank but if you do so, a Stop Payment fee will be assessed. Please see the Bank’s Schedule of Fees and Charges. If you call, we may also require that you put your request in writing and send it to us within fourteen (14) calendar days. If you place a Stop Payment with us three (3) business days or more before the payment is processed, we will be responsible for your losses or damages resulting from our failure to Stop Payment as requested.
Stop Payments After Payment Processing: Once a payment has been processed, you may call or come to the Bank and request that a payment be stopped. We will attempt to stop the payment but are not responsible for any losses if we cannot stop the payment. You may be assessed a Stop Payment fee. Please see the Bank’s Schedule of Fees and Charges.
Future Payment Scheduling: A one-time Future Payment may be scheduled up to 364 days in advance. A recurring payment may be scheduled to repeat weekly, every two weeks, monthly, twice a month, every two months, every three months, every six months, or yearly. A recurring payment may be scheduled to occur indefinitely or with a specific end date.
Bill Payment Service Fees: See Fees under Terms and Conditions.
Funds Availability: You authorize the Bank to withdraw funds for any scheduled bill payment from the selected Funding Account on the processing date or within two (2) Banking days thereafter. If payment is scheduled and funds are not available in the Account selected, payment may be made from an associated overdraft protection plan (PRA or another Account you have set up to transfer funds from in the event of an overdraft) and applicable overdraft charges or transfer charges may be assessed. If the balance in the Account and available credit under any overdraft protection plan is not sufficient to cover a scheduled payment, the Account may be blocked for further bill payments and your Bill Payment Services may be discontinued at our option. You will be notified by E-mail or U.S. mail if an Account is blocked or Bill Payment Services are discontinued. Any payment scheduled with insufficient funds in the Funding Account may be held or stopped and we will not be responsible for any late fees or finance charges levied against you by the Payee as a result of your payment not being processed as originally set up. We reserve the right to impose a non-sufficient funds (NSF) fee on any payment that exceeds your Account’s available balance. See the Bank’s Schedule of Fees and Charges. You are liable for any overdraft created from use of the Bill Payment Service. Please see Account Holder’s Liability under Terms and Conditions for more information regarding your liability.
Error Resolution: See Error Resolution under Terms and Conditions for procedures to follow in the event of a Bill Payment dispute. You may not close your Account while the Bank investigates your alleged error.
National Automated Clearing House Association (NACHA) Operating Rules: If you originate a transaction, you represent to us that the party receiving your transaction request has consented to the transaction and you agree to be bound by NACHA rules.
RCB’s Liability: Rabun County Bank will use its best efforts to make all your payments properly. However, we will incur no liability if we are unable to complete any payments initiated by you through our Bill Payment Service because of the existence of any of the exceptions listed in Financial Institution’s Liability under Terms and Conditions. In addition, RCB will incur no liability if it is unable to complete any payments because of the existence of one or more of the following circumstances:
1. The merchant or institution mishandles or delays a payment sent by Rabun County Bank.
2. You have not provided Rabun County Bank with the correct names or Account information for those persons or entities to which you wish to direct payment.
3. You schedule your payment pay date after the due date. Rabun County will not be responsible for any late fees associated with payments where you have scheduled pay dates after the due date. This is the case even if the vendor allows a “Grace Period”, and you schedule the pay date within the “Grace Period”. Any late charges associated with payments scheduled as such will be your responsibility regardless of the cause of the late payment.

If Rabun County Bank causes an incorrect amount of funds to be removed from your Account or causes funds from your Account to be directed to a person or entity which does not comply with your payment instructions and none of the above exceptions apply, Rabun County Bank will be responsible for returning the improperly transferred funds to your Rabun County Bank Account.

Merchant or Payee Limitation: Rabun County Bank reserves the right to refuse to pay any person or entity to which you may direct a payment. Rabun County Bank is obligated to notify you promptly if we decide to refuse to pay a person or entity designated by you.
Alterations and Amendments: Bill Payment features, applicable fees and services charges may be changed by Rabun County Bank from time to time. In such event, Rabun County Bank will notify you in writing by sending notice to your address, as it appears on our records, thirty (30) days prior to the change. Any use of this Bill Payment Service after the change(s) take(s) effect will constitute your Agreement to such changes.

Consumer Electronic Banking Service Agreement with Electronic Fund Transfer Act Disclosure

Attachment 2:

Electronic Document Delivery Agreement

This Attachment 2 to Internet Banking Service Agreement with Electronic Fund Transfer Disclosure (collective, the “Agreement”) specifically governs your use of Rabun County Bank’s Internet Banking electronic document delivery services (Documents). By electing to receive your Account documents electronically for any checking, savings, money market, or loan Account, you agree to the Terms of this Attachment and the Internet Banking Service Agreement with Electronic Funds Transfer Act Disclosure. Please read this Agreement carefully.

Electronic Document Delivery is an optional feature of Internet Banking and is provided to you for your convenience.

By requesting to receive your documents electronically you are confirming that:

You have the equipment and software (documents are in PDF format and may be viewed using Adobe Acrobat Reader – version 7.0 or higher is recommended) necessary to allow you to receive, view, and print your document electronically for eligible Accounts. It is recommended that you keep your system security current to include Microsoft Security Updates and antivirus software updates.
You agree to notify Rabun County Bank if you are not able to receive, view, and print your document for any reason; at which time Rabun County Bank may resume mailing a paper document to the address currently on file for your Account. You may notify us by sending E-mail to estatement@rabuncountybank.com.
You have the equipment and software necessary to allow you to receive, view and print, including, but not limited to, change of terms notices, annual privacy notices, and other notices required by applicable law or any agreement between you and us (each a “Legal Communication”).
You have a valid E-mail address at which to receive any notice that a document is available to you at our Internet Banking website.
You agree to receive electronically, and we no longer need to send you a paper copy of, any document for the Accounts that you have chosen or any Legal Communication.

When you choose to receive your documents electronically the following applies:

Your document date will not change.
You will no longer receive a paper document.
Your document will be available to you within Online Banking for a period of at least eighty-four (84) months.

Once Rabun County Bank electronic document delivery takes affect for your Account, whenever any document for your Account or any Legal Communication is ready to be made available to you at our website, we will send a notice to the E-mail address you have provided within your Internet Banking service. You acknowledge that the E-mail notice will constitute delivery of the document or Legal Communication, whether or not you view or print it. If the notice is returned to us as undeliverable, we will contact you by phone, at the number currently in our records, or by mail, via U. S. Postal Service, at the address currently in our records, to notify you that we were unable to successfully deliver your E-mail notification. You will be asked to provide to us a valid E-mail address to use for your electronic document delivery notices.

When you receive your E-mail notice that your electronic document is available, you must not respond to the notice (including using the reply function) in order to request information, service, or a paper copy of a document for your Account, a Legal Communication, or any other item or to terminate enrollment in Rabun County Bank electronic document delivery, and we will not be responsible for responding to any request or termination of enrollment made by your responding to the notice by E-mail.

Acknowledgement of Risk

You acknowledge that there are risks associated with sending a notice to an E-mail address. Because E-mail is not private or secure, unauthorized access could be obtained to the notice and information that it contains.

Termination of Electronic Document Service

Rabun County Bank may terminate your enrollment in our electronic document delivery by notifying you. The termination will take place on a date at our discretion. You may terminate your enrollment in electronic document delivery by changing your delivery method on your Account within your Internet Banking Service or by notifying us. You may notify us via E-mail at estatement@rabuncountybank.com or by sending a written request to Rabun County Bank Attention: Deposit Operations, PO Box 845 Clayton, GA 30525. The termination will take effect when we have had reasonable time to act on your notice, which can take up to thirty (30) days. If you choose to terminate your enrollment by notifying us, any termination of your enrollment may be effective for all Accounts. Any termination of your enrollment will not affect the validity or legal effect of any document for your Account or any Legal Communication provided to you at our website.

Paper Statements

At any time after you enroll in Rabun County Bank’s electronic document delivery, we will discontinue mailing paper copies, and paper copies of Legal Communications for the Accounts that have been chosen for eDocuments. For as long as we are required by applicable law to keep a copy of any document for an Account or any Legal Communication, you may continue to request a paper copy by contacting your branch office. You must pay to us any applicable charge for the paper copy as identified in the Bank’s Consumer Schedule of Service Charges and Fees then currently in effect. Your request for a paper copy will not constitute a request to cancel electronic document delivery. If we discontinue sending paper copies of documents and/or Legal Communications, we may resume sending them at any time, for any reason, including, but not limited to, we believe that you are not receiving notices that an electronic document is available in your Online Banking service or we believe that a change in equipment or software required for electronic document delivery creates a risk that you may not be able to receive, view, or print your document.

Joint Account

Any holder of an eligible Account may enroll in or terminate enrollment in electronic document delivery (if more than one owner of an Account has Online Banking service, then document delivery will be determined by the last instruction received from any of the owners). All joint Accountholders will be bound by the enrollment or termination of enrollment.

Duty to Review Periodic Documents

Your eDocument will be dated the day of the E-mail notifying you of the availability of your eDocument (the “E-mail date”). You must promptly access/review your eDocument and any accompanying items and notify us in writing within the applicable time period specified in your Consumer Deposit Account Disclosure Agreement of any error, unauthorized transaction, or other irregularity. If you allow someone else to access your document, you are still fully responsible to review the document for any errors, unauthorized transactions, or other irregularities. Any applicable time periods within which you must notify us of any errors on your Account document(s) shall begin on the E-mail date regardless of when you receive and/or open the eDocument.

Security

You understand the importance of your role in preventing misuse of your Accounts and you agree to promptly examine your eDocument for each of your Bank Accounts as soon as you access it. You agree to protect the confidentiality of your Account and Account number, and your personal identification information, as well as your Social Security number. You understand that personal identification information by itself or together with information related to your Account, may allow unauthorized access to your Account. We cannot and do not warrant that all E-mails transmitted to and from us, will not be monitored or read by others.

E-Sign Act Disclosure

Electronic Signatures in Global and National Commerce Act – Notice of Consumer Consent Requirements Applicable to the Electronic Delivery of Consumer Disclosures. This Act allows Rabun County Bank to issue electronic documents to you to satisfy any statute regulation that requires such information to be in writing, after first obtaining your affirmative consent. Please read the following carefully. If you agree to receive the information noted via electronic communications, you will be asked to affirmatively consent to such at the end of this Disclosure.

Sign Disclosure

Electronic Documents and Communications Disclosure

To enroll for Internet Banking you must affirmatively consent to receive certain information and Disclosures electronically prior to enrollment. You have the right to withdraw consent to receiving information electronically by making written request to:

Rabun County Bank
PO Box 845
Clayton, GA 30525

Note: If you withdraw your consent to receive information electronically you will not be able to use Internet Banking.

You must also notify us with any change in your E-mail address. This is information needed by us to contact you electronically. You may E-mail us at info@rabuncountybank.com with any change in your address or you may write to us at our mailing address furnished above. All notifications listed below will be sent to you electronically via the most recent E-mail address you have given to us. We will not be responsible for your non-receipt of these electronic notices and other information sent electronically, if you have not provided us with your current E-mail address.

To obtain a free copy of any of the following Agreements or Disclosures in paper form:

Print the Agreements, Disclosures or documents from the screen during enrollment,
Go to www.rabuncountybank.com and print the document,
Mail a written request to RCB at the address provided in Contact Information above, listing the specific documents requested,
Fax a written request to us at 706-782-9208 or 706-782-4606, or
Visit one of our branches in Clayton, Dillard, or Cornelia and request a specific document.

Rabun County Bank will mail the requested documents to you upon receipt of your request.

Rabun County Bank may provide the following notices, disclosures, inquiries and other information (“Electronic Records”) to you by electronic communication during the time that you have an Internet Banking Relationship with us:

Consumer Internet Banking Service Agreement with Electronic Fund Transfer Act
Disclosure and any applicable attachments.
Rabun County Bank’s Privacy Statement and Internet Banking Privacy Disclosure.
Notices of changes to any of the Agreements listed above.
Balance, activity, and other information on Accounts.
Inquiries or notices to you about transactions made using Internet Banking and/or Bill Payment Services.
Inquiries or notices to you concerning the resolution of any claimed error on your documents.

This consent applies to any and all Accounts you access through Internet Banking and to any and all Accounts you apply for using Internet Banking.

You must have a personal computer (PC) with a secure Web Browser and Internet access provided through an Internet Service Provider (ISP), in order to receive Electronic Documents from us. Please see Computer Requirements under Terms and Conditions for hardware and software requirements. Rabun County Bank will provide you with any revisions to software or hardware requirements needed by you to access and retain subsequent Electronic Documents. If such changes create a material risk that you will not be able to access and retain these Records, you have the right to withdraw from Internet Banking Services without the imposition of any fee for doing so. Withdrawal of consent by you shall not affect the legal effectiveness, validity or enforceability of Electronic Documents provided or made available to you in accordance with your consent to receive Electronic Documents prior to implementation of your withdrawal of consent. Your withdrawal of consent shall be effective within a reasonable period of time after the receipt of the withdrawal by us.

If I/we agree to receive the foregoing in electronic format, I/we can access Electronic Documents and Rabun County Bank may send Electronic Documents to my/our E-mail address that I/we have provided or RCB can make this information available to me/us on their Web Site. I/we agree to notify RCB of any updates to my/our E-mail address so that I/we can continue to receive Electronic Documents as applicable. If I/we DO NOT AGREE to receive the foregoing in electronic format, I/we acknowledge that I/we do not qualify for Internet Banking Services. When enrolling in Internet Banking, you must choose “I AGREE” or “I DO NOT AGREE”.