Nantahala
Bank & Trust Company Online Banking Agreement/Disclosure
This Agreement
governs the use of Nantahala Bank & Trust Company’s
Online Banking service and is made and entered into by and
between Nantahala Bank & Trust Company ("Bank"),
also referred to as "we" and each person who signs
Bank's signature card for the Account being accessed or is
referenced on the Bank's records as an owner of the Account,
or each party whose signature appears on a credit line application
("Customer"), also referred to as ("you").
Each customer on the account is jointly liable for all transactions
initiated through Online Banking, including overdrafts, even
if the customer did not participate in the transaction, which
resulted in the overdraft.
Banking business days are Monday through Friday, excluding Saturday, Sunday
and federal holidays. You may access Account information through Online Banking
24 hours a day, 7 days a week, except for interruptions due to maintenance
or matters beyond the Bank's control.
Online Banking
services and each of your accounts are governed by the applicable
Disclosures, Rates and Fee Schedules provided by the Bank in
your new account packet, as each may be modified from time
to time. Your initial use of Online Banking services indicates
your agreement to be bound by this agreement and acknowledges
your receipt and understanding of this document.
To subscribe
to Online Banking, you must maintain at least one deposit Account
with the Bank. Online Banking will allow you to access more
than one Account, to view Account balance(s) and transaction
information, transfer funds among designated Accounts, send
electronic mail to the Bank, and receive electronic mail from
the Bank. The Bank reserves the right to deny the Customer
the ability to access Online Banking, to limit access or transactions
or to revoke a Customer's access to Online Banking without
advance notice to the Customer.
You are responsible
for paying any fees associated with Online Banking as outlined
within this agreement as well as any fees that may be accessed
by your Internet Service Provider and for any telephone charges
or fees incurred by accessing Online Banking.
The Bank
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. You should not
under any circumstances disclose your password by telephone
or to anyone claiming to represent the Bank; Nantahala Bank & Trust
Company's employees do not need and should not ask for your
password. You are liable for all transactions made or authorized
using your password. The Bank has no responsibility in establishing
the identity of any person using 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. You must
contact the Bank immediately in the event that your password
has been lost, stolen or otherwise compromised so that it will
not be honored and can be disabled. You hereby release the
Bank from any liability and agree not to make any claim or
bring any action against the Bank for honoring or allowing
any actions or transactions where you have authorized the person
performing the actions or transactions to use your account(s)
and/or you have given your password to such person, or, in
the case of a jointly held account, such person is one of the
Account owners. You agree to indemnify the Bank and hold it
harmless from and against any and all liability (including
but not limited to reasonable attorney fees) arising from such
claims or actions.
Account information
displayed through Online Banking is current information. Funds
transfers between Account(s) initiated on your computer using
Online Banking and received by the Bank by 4:30P.M. EST Monday
through Friday will be effective on the current business day.
Funds transfers processed on your computer using Online Banking
and received after 4:30P.M. EST Monday through Friday or all
day Saturday, Sunday and banking holidays will be effective
the following business day.
Electronic
mail to the Bank may be delayed; therefore, if you need the
Bank to receive information concerning your Account immediately,
you must contact the Bank in person or by telephone (i.e. stop
payments, to report a lost or stolen ATM card or to report
unauthorized use of your Account). The Bank shall have a reasonable
period of time after receipt to act on requests or information
you send by electronic mail.
The Bank
will mail or deliver to you periodic statements for your Bank
Accounts as disclosed in your deposit agreements. The Bank
will include any transfers you authorize through Online Banking
on your statements. You agree to review your periodic statements
in accordance with this Agreement and any other deposit Agreements
governing your Account, for accuracy of all data transmitted
through Online Banking. You should promptly notify the Bank
of any discrepancies, including but not limited to, any errors
or inaccuracies related to data transmitted by Online Banking.
Some of the terms set forth below are governed by the Electronic Funds Transfer
Act ("EFT Act"), which is only applicable to consumers. Commercial
Account holders are not entitled to the rights provided under the EFT Act.
If you believe unauthorized transactions are being made from your Account,
please notify the Bank immediately. Contact Nantahala Bank & Trust Company’s
Operations/Accounting Department at 828-369-2265 or write the Bank at: Nantahala
Bank & Trust Company , 120 Siler Road, Franklin, NC, 28734.
If you feel
that any statement is wrong, or you wish to have more information
about a transfer listed on a statement, contact us in writing
or by telephone. We must hear from you within sixty (60) days
after we send you the FIRST statement on which the problem
or error appeared. When you contact us,
1) Tell us
your name and Account number
2) Describe
the error or the transfer you are unsure about, and explain
as clearly as possible why you believe it is an error or why
you need more information.
3) Tell us
the dollar amount of the suspected error.
If you notify us by telephone, we may require that you send us your complaint
or question in writing within ten (10) business days. If we ask you to put
your complaint or question in writing and we do not receive it within ten (10)
business days, we may not provisionally credit your Account.
We will tell
you the results of our investigation within ten (10) business
days after notice of the problem and will correct any error
promptly. If we need more time, however, we may take up to
ninety (90) days to investigate complaints or questions concerning
foreign-initiated transfers, or up to forty-five (45) days
to investigate all other electronic transfers. If we need this
extended time to investigate, we will provisionally credit
your Account within ten (10) business days for the amount you
think is in error. You will have the use of the money during
the time it takes us to complete the investigation. If we decide
no error occurred, we will send you a written explanation within
three business days after our investigation is completed. You
may ask for copies of the documents we used in our investigation.
You shall
be responsible for all transfers you authorize through Online
Banking. You shall also be responsible for all transactions
initiated by persons to whom you have given your password.
You must report to the Bank AT ONCE if the password has been
lost or stolen. Telephoning is the best way of minimizing possible
losses. Failure to notify the Bank could result in the loss
of all money in your Account plus your maximum line of credit,
if you have one. If you report to the Bank within two (2) business
days, the loss sustained by you will be no more than $50 if
your password is used without your permission. If you do not
report to the Bank within two (2) business days after learning
of the loss or theft of the password, and the Bank can prove
that it could have prevented someone from using the password
without your permission had it been notified, you could lose
as much as $500. Also, if the statement shows electronic transfers
you did not make, report them to the Bank at once. If you do
not tell the Bank within 60 days after the statement was mailed,
you may lose all of the money transferred after the 60 days
if the Bank can prove that it could have prevented the loss
had you reported it promptly. The Bank may extend the time
periods for a good reason, such as a long trip or hospital
stay, which might keep you from notifying the Bank.
The Bank
shall be responsible for performing services expressly provided
for in this Agreement, and shall not be liable for any error
or delay, so long as the Bank acted in accordance with the
terms and conditions hereof. The Bank shall not be liable if
you do not have sufficient funds in a designated Account to
complete the transaction you initiate or if the Account is
closed. The Bank shall not be liable if you have not given
the Bank complete, correct or current transfer or payment instructions
or if you have not followed proper instructions given through
Online Banking. The Bank shall not be responsible for any loss,
damage, liability, or claim arising, directly or indirectly
from any error, delay or failure in performance of any of its
obligations hereunder which is caused by fire or other natural
disaster, strike, civil unrest, any inoperability of communications
facilities or any other circumstances beyond the control of
the Bank.
I certify
that I am at least 18 years of age, and that I have read, understand
and agree to all terms, conditions and disclosures indicated
on the previous screens and that I have truthfully and fully
completed all items on this application.
My initial use of Nantahala Bank & Trust Company's Online Banking product
constitutes my acceptance and agreement to be bound by all of the terms and
conditions of this agreement and acknowledges my receipt and understanding
of this agreement.
The Bank has the right to modify or terminate this Agreement at any time. We
will comply with any notice requirements under applicable law for such changes
or termination. If we terminate this Agreement, no further Online Banking transfers
will be made, including but not limited to any payments or transfers scheduled
in advance or any preauthorized recurring payments or transfers. If we modify
this Agreement, your continued use of Online Banking services will constitute
your acceptance of such changes in each instance.
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