Please read and accept the Bank of
Hazlehurst Online Banking Terms and Conditions Agreement to continue
to the Bank of Hazlehurst Online Banking Enrollment Form.
Online Banking Terms and
Conditions Agreement Effective March 10, 2003 The Bank of
Hazlehurst Online Banking Service is available to all of our
customers at no monthly charge for the account information and
transfer services. The bill payment feature is an optional service
for checking accounts. You must specifically request this service on
the enrollment form. If you do not choose the bill payment service
at this time, you may add it at any time by calling Bank of
Hazlehurst's Online Banking Department at
Information: This Online Banking Terms and Conditions Agreement
("Agreement") is a contract between you and Bank of Hazlehurst that
outlines and governs the Terms and Conditions for accessing your personal
and commercial accounts via Bank of Hazlehurst's Online Banking Service.
This Agreement explains the terms and conditions which govern the
following Online Banking
Account and Balance
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 the Bank of Hazlehurst Online
Banking Service. Other electronic fund transfers to or from your accounts
at Bank of Hazlehurst 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
Bank of Hazlehurst's Online Banking Service, you must accept these terms
and conditions. By clicking on the "I Agree" button at the end of this
Agreement, you 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 Georgia.
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 federal banking holidays.
Your Accounts, Security and Your Responsibilities.
Password and Login
Security: Security is very important to Bank of Hazlehurst. In order
to activate your Online Banking Service, you must have at least one
checking, savings, certificate of deposit or loan account with Bank of
Hazlehurst. When you login to the service for the first time, you will use
your login I.D. number and your temporary password, as provided by your
Bank of Hazlehurst representative. You will then be prompted to choose a
new "Access ID" and a new "Password." Because your password is used to
access your accounts, you should treat it as you would any other sensitive
personal data. You should carefully select a password that is hard to
guess. Keep your password safe. Memorize your password and never tell it
to anyone. You should not under any circumstances disclose your password
by telephone or to anyone claiming to represent Bank of Hazlehurst. Bank
employees do not need and should not ask for your password.
of Hazlehurst is entitled to act on instructions received through online
banking under your password and without inquiring into the identity of the
person using that password. Any person having access to your Bank of
Hazlehurst online banking password will be able to access the Online
Banking Services and perform all transactions, including reviewing account
information and making transfers to other accounts which have mutual
ownership. You are liable for all transactions made by persons authorized
to use your password.
If, despite the Bank's advice, you give your
password to anyone, 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.
We strongly urge you to change your password every 90 days. This
can be done at any time, after you are logged in, from the "Options" menu.
Once you login as a first time user, you will be required to
change the initial access ID and password and select an access ID and
password known only to you.
The Access ID
you select may be any combination of alpha/numeric characters,
from six (6) to sixteen (16) digits.
criteria is as follows
Number of Alpha
Characters Required 3
Number of Numeric
Characters Required 3
Passwords are case
sensitive (must be entered exactly as input with upper and/or
lower case characters).
Passwords can be
changed at any time by the accountholder, and by any other person
to whom the accountholder provides the password, through the Bank
of Hazlehurst Online Banking service.
you suspect that an unauthorized person has access to your password or
believe your password has been lost or stolen or that someone may attempt
to use the service without your consent or has transferred funds without
your permission, your must notify Bank of Hazlehurst immediately. See Part
VI of this Agreement for additional information relating to liability for
unauthorized transactions and error resolutions.
Your session time is
unlimited, but 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 15 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
Your Rights and Responsibilities: In addition
to this Agreement, you agree to be bound by and comply with the Account
Agreement and Account Disclosure, the rules and regulations of the
electronic transfer system, and 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
may use your personal computer to:
View account balances
and transaction history.
Transfer funds from
your Bank of Hazlehurst checking and savings accounts into:
Other Bank of
Hazlehurst checking and savings accounts which belong to you.
transfers from one of your Bank of Hazlehurst accounts to another
(from checking and savings to checking, savings or loans).
Online Bill Payment, pay bills to any merchant, institution or
individual with a U.S. mailing
with Bank of Hazlehurst via e-mail.
services may be added to Bank of Hazlehurst's Online Banking Service and
will be communicated to our customers as the additions are made.
of Accessibility: You may access Bank of
Hazlehurst 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 the automated telephone voice
response system (Telebanc), one of our ATM
machines, or a branch office (during regular business hours) to conduct
Transaction Information: You may access any eligible
Bank of Hazlehurst 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 balance of the account, including any
transactions conducted prior to the inquiry. In progress returns due to
non-sufficient funds or stop payments may not be reflected in the
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
a Business Day will be effective on that Business Day. Transfers processed
on your computer using Online Banking and received after 4:30 p.m. EST on
a Business Day, or on any non-Business Day, will be effective the
following Business Day.
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.
Frequency and Amount of Transfers: Federal regulations require
us to limit either by contract or in practice the number of certain types
of transfers from money market deposit accounts and savings accounts.
Under these regulations, you are limited to six (6) preauthorized
electronic fund transfers each month, including telephone transfers, Bank
of Hazlehurst Online Bill Payment and other online banking transactions,
checks, and point-of-sale transactions. Of these six transactions, you are
limited to no more than three transactions per month by check or
point-of-sale. Payments to your Bank of Hazlehurst loan accounts are not
counted toward 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.
Cancellation: Bank of Hazlehurst reserves
the right to cancel your online 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 the Bank of Hazlehurst
Online Banking Department at 912-375-4228.
If you wish to cancel
any of your Bank of Hazlehurst Online Banking services, please contact
Bank of Hazlehurst's Online Banking Department at 912-375-4228 or send us
cancellation instructions in writing to: Bank of Hazlehurst-Online Banking
Department, P.O. Box
IV. Optional Bill Payment
Through Bank of
Hazlehurst's Online Banking Service you may subscribe to our optional
Online Bill Payment system. The Bill Payment service allows you to
schedule payments through your online banking system for current, future
and recurring bills from your Bank of Hazlehurst checking account. You
must designate a specific Bank of Hazlehurst checking account as your bill
payment account, and bills will then be paid from this designated account
subject to your available balance.
Eligibility: You may pay any merchant or
individual approved for payment by Bank of Hazlehurst for payment through
the Online Bill Payment service. We will be unable to process any payments
to federal, state, or local tax agencies. Online bill payments must be
payable in U.S. dollars and are available only to payees with a
U.S. mailing address.
furnishing us with the names of your payees (merchants and /or
individuals) and their addresses, you give us authorization to follow the
payment instructions, which you provide to us via Bank of Hazlehurst's
Online Banking Service for these payees. When we receive your payment
instruction for the current date or a future date, we will remit the funds
to the payee on your behalf from the funds in your selected account. Funds
for ALL bill payments, whether paid electronically or paper check will be
withdrawn from your account as of the date you enter if that date is a
Business Day. If the date you enter is not a Business Day then funds will
be withdrawn as of the next Business Day. This date should be at least
five (5) Business Days prior to the actual due date of your payment. We
are not obligated to pay funds from your account(s) if the account balance
is insufficient to cover the payment, unless your account has overdraft
protection in an amount sufficient to cover the payment.
When you submit any
request for an electronic payment using our Online Banking Service, please
print a copy of your completed request and authorization for your
time for your payments: Any payments made with Bill
Payment require sufficient time for your payee to credit your account
properly. To avoid incurring a finance charge or other charge, you must
schedule a payment sufficiently in advance of the due date of your
payment. All payments must be scheduled five (5) full Business Days in
advance of the due date of your payment. Not all payees accept electronic
bill payments. In the event that the payee for your scheduled payment does
not accept payment via the electronic system, your payment will be made by
mailing a paper check.
Liability: If you fail to schedule your
payment according to the recommended time frame, Bank of Hazlehurst will
not be responsible for the late fees or finance charges. We shall not be
responsible for any charges imposed or any other action taken by a payee
resulting from a payment that you have not scheduled properly, including
any applicable finance charges or late fees. Paper checks are mailed to
the address you supply. Bank of Hazlehurst will not be responsible for
processing incorrect information, which is supplied by you through the
bill payment system, or for failure of the payment to process due to
incorrect information. In addition, we will not be liable if any third
party through whom any bill payment is made fails to properly transmit the
payment to the intended payee. We will not be liable for indirect, special
or consequential damages due to the use of Bill Payment. See Parts VI and
VII for additional information.
Bank of Hazlehurst reserves the right to terminate your use of Bill
Payment at any time. If for any reason you should wish to terminate
your use of Bank of Hazlehurst's Bill Payment, we recommend that you
cancel all future bill payments and transfers at the same time you cancel
your account by calling Bank of Hazlehurst's Online Banking Department at
912-375-4228. This will insure that future payments and transfers made by
you will not be duplicated. We will automatically delete all outstanding
payments and transfers (both one-time and recurring) once we have been
notified that your service has been terminated. We will continue to
maintain your accounts unless you notify us otherwise.
to Section VI for monthly fees and other charges for personal and business
Bill Payment account may consist of either one individual account holder,
or multiple (joint) account holders. Each account holder needs a unique
Bank of Hazlehurst Online Banking password. The terms of this online
banking agreement apply to all account holders enrolled in the Online Bill
Payment program. In order to have a joint membership, all members must be
joint signers on the checking account (excluding money market accounts)
linked to Bill Payment. Joint members share the same payee list, and are
subject to the joint tenant rules contained in the Account Agreement and
Signature Card for the checking account. Either account owner may close
the bill payment service.
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.
VI. Additional Electronic Fund Transfer
Disclosures and Agreement Terms
Transactions Tell us AT ONCE if you
believe your online password has been lost or stolen or if you believe
your password may be used without your permission. Telephoning is the best
way of keeping your possible losses down. You could lose all the money in
your account (plus your maximum overdraft line of credit).
Also, if your
statement shows transfers that you did not make, tell us at
three paragraphs apply only to Accounts that are "Consumer Accounts" (as
defined in the Introduction to this Agreement):
If you tell us within
two Business Days (see above for our Business Days), you can lose no more
than $50 if someone used your online password without your permission. If
you do NOT tell us within two Business Days after you learn of the loss or
theft or unauthorized use of your password, and we can prove that we could
have stopped someone from using your password without your permission if
you had told us, you could lose as much as $500.
If your statement
shows transfers that you did not make, tell us at once. If you do not tell
us within sixty (60) days after your statement was mailed to you, you may
not get back any money lost 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
If a good reason,
such as a confirmed extended trip or hospital stay, kept you from telling
us, we will extend the time periods.
Contact in event
of Unauthorized Transfers If you believe your online
password has been lost or stolen or that someone has transferred or may
transfer money from your account without your permission, call the Bank of
Hazlehurst Online Banking Department at 912-375-4228 (if calling after
5:00 or on a non-Business Day, email us at
firstname.lastname@example.org) or write to us at Bank of Hazlehurst
Online Banking Department, P.O. Box 628, Hazlehurst, GA 31539. You also
may notify us by sending us a fax to 912-379-1489, Attention: Bank of
Hazlehurst Online Banking Department.
In case of errors or
questions about your electronic transfers, telephone us, email us, or
write to us at the telephone number, email address or office address
provided in the paragraph above. Contact us 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 your statement or receipt. We must hear from
you no later than 60 days after we mailed you the FIRST statement on which
the problem or error appeared. When you contact us about your problem
(including by telephone, email or fax), please
Include your name and
Describe the error or
transaction in question, and explain why you believe it to be an
Tell us the dollar
amount of the suspected error.
If the problem
involves a bill payment, tell us the checking account number used
for payment, the payee's name, date for which the payment was
scheduled, payment amount, and any applicable payee account number
or reference number.
If you tell us
orally, we may require that you send us your complaint or question in
writing within ten Business Days.
three paragraphs apply if your complaint or error is with regard to a
We will determine
whether an error occurred within 10 Business Days after we hear from you
and correct any error promptly. If we need more time, however, we may take
up to 45 calendar days to investigate your complaint or question. If we
decide to do this, we will provisionally credit your account within 10
Business Days for the amount you think is in error, so that you will have
the use of the money during the time it takes us to complete our
investigation. If we ask you to put your complaint or question in writing
and we do not receive it within 10 Business Days, we may not provisionally
credit your account.
For errors involving new accounts,
point-of-sale, or foreign-initiated transactions, we may take up to 90
days to investigate your complaint or question. For new accounts (an
account that has been opened for 30 days or less), we may take up to 20
Business Days to provisionally credit your account for the amount you
think is in error.
We will tell you the results of our
investigation within 3 Business Days after completing our investigation.
If we decide that there was no error, we will send you a written
explanation. You may ask for copies of the documents we used in our
Our Liability for
Failure to Make Transfers or Paying Late
If we do 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 be liable for your losses or damages. However,
there are some exceptions. We will not be liable:
If, through no fault
of ours, you do not have enough money in your account to make a
transfer or bill payment.
If a legal order
directs us to prohibit withdrawals from the account
If your account is
closed or if it has been frozen
If a hold has been
placed on your account for uncollected funds
If the transfer or
payment would cause the account to become overdrawn beyond the
balance of the account plus any overdraft protection
If you, or anyone you
allow, commits fraud or violates any law or regulation
If any electronic
terminal, telecommunication device or any part of the electronic
fund transfer system is not working properly
If you have not
provided us with complete and correct payment information,
including without limitation the name, address, account number and
payment amount of the payee on a bill payment
If you have not
properly followed the instructions for using Bank of Hazlehurst's
online banking Bill Payment Service
beyond our control (such as fire, flood, hurricane, improper
transmission or handling of payments by a third party) prevent the
transfer or bill payment, despite reasonable precautions taken by
Disclosure of Account Information You authorize Bank of
Hazlehurst and any affiliates to disclose to third parties, agents, and
affiliates, such as independent auditors, consultants or attorneys,
information you have provided or that we or our affiliates have obtained
about your accounts and the transfers you make:
To comply with
government agency requests or court orders.
To verify the
existence and condition of your account to a third party, such as
a credit bureau or merchant.
To provide services
relating to your account or to offer other products and services.
To other entities if
you give us permission.
Please refer to our
Privacy Disclosure which 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 http://www.bankofhazlehurst.com/
or by calling us at 912-375-4228.
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
912-375-4228 to find out whether or not the deposit has been
Statements You will get a monthly
account statement unless there are no transfers in a particular month. In
any case, you will get the statement at least quarterly.
Preauthorized Payments Right
to Stop Payment and Procedure: You have the right to stop or change
any scheduled payment. You must cancel the payment no later than
of the Business Day prior to the date you had requested that the payment
be sent by calling Bank of Hazlehurst's Online Banking Department at
912-375-4228. We shall not be liable to you due to a stop payment request
if your order to do so is not presented prior to processing the payment.
Once processing of the payment has begun, you can no longer stop payment.
of Varying Amounts: If your have told us in advance to make regular
payments out of your account, and if any of these payments may vary
in amount, the person you are going to pay will tell you, ten days before
each payment, when it will be made and how much it will be. Liability
for Failure to Stop Payment of Preauthorized Transfer: If you order
us to stop a payment from a Consumer Account three Business Days or
more before the transfer is scheduled to be sent and we do not do so,
we will be liable for your losses or damages.
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 Bank of Hazlehurst's
online banking or online Bill Payment Service due to a system failure or
due to other 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 or any
computer virus or other problems related to your computer equipment used
with Bank of Hazlehurst's 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 Bank of Hazlehurst's
Online Banking Service.
Payment We are not responsible for
postal delays or processing delays by the payee for any bill payment made
through our Bill Payment services.
VIII. Other Provisions
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
our Bank of Hazlehurst Online Banking Department at 912-375-4228, during
regular business hours, Monday - Friday , excluding Bank Holidays.
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
Website The content, information
and offerings on our Website are owned by Bank of Hazlehurst, and the
unauthorized use, reproduction, linking or distribution of any portions
are strictly prohibited.
Restrictions The Bank of Hazlehurst
Online Banking services described in this Agreement and available on our
Website are solely offered to citizens and residents of the
United States of
America currently residing in the
States. Citizens and residents
outside the United
States may not be able to access the
Bank of Hazlehurst Online Banking or Bill Pay Service.
Scope of Agreement
Agreement represents our complete agreement with you relating to our
provision of the Bank of Hazlehurst Online Banking services. No other
statement, oral or written, including language contained in our Website,
unless otherwise noted, is part of this agreement.
The Bank may assign
certain of its rights and responsibilities under this Agreement to
independent contractors or other third parties.
I have read and agree
with the Bank of Hazlehurst Online Banking Terms and Conditions and wish
to apply for Online Banking Service.