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Expedited Funds Availability Act

Nantahala Bank & Trust
Expedited Funds Availability Act – Regulation CC

I. Purpose
The primary purpose of Regulation CC is to provide consumers an expeditious availability to funds deposited by check or other negotiable instrument. Initial disclosures describing the institution’s specific availability policy must be provided to customers; and when funds availability is delayed, customers must be given a written “hold” notice providing certain information about the delayed availability. Regulation CC also establishes procedural requirements concerning check endorsements and the return of check items. The responsibilities of the returning bank, paying bank, depositary bank, etc. are set forth in Regulation CC.

II. Policy
It shall be the Bank’s policy to comply with the regulatory requirements of Regulation CC. To ensure compliance with this policy, the following actions shall be taken:

  • Post the Bank’s funds availability policy at locations where deposits are taken:

The Bank’s general policy is to make funds available on the same business day; but we reserve the right to place case-by-case and exception holds, and to extend hold periods for new accounts.

  • Provide initial funds availability disclosures to customers
  • Provide Hold Notice to customer when hold is placed:

In cases where the availability of deposited funds is delayed, the customer is provided a hold notice at the time the funds are deposited, or it is mailed no later than the business day following the banking day on which the funds were received if the decision to place the hold was made after the customer left the premises or the deposit was not made directly to bank personnel.

CASE BY CASE HOLD: The Bank may delay the availability of deposited funds items. Funds are available no later than the second day from deposit and funds. Whenever a case by case hold is placed, the first $225 will be made available no later than the next business day.
The notice provided to the customer will indicate the “$225 next-day availability” and the day on which the remaining funds will be available.

EXCEPTION HOLD: Regulation CC provides six (6) circumstances in which availability can be extended, and these are:

  • New Accounts
  • Large Deposit (Over $5,525) Exception
  • Repeated Overdraft Exception
  • Redeposited Check Exception
  • Reasonable Cause to Doubt Collectability Exception
  • Emergency Condition Exception

If an exception hold is invoked, the availability of deposited funds may be extended to nine (9) days for new account relationship holds and (7) days for any of the other 5 exception hold reasons.

The Hold Notice must identify which exception is the reason for the extended hold.
If the Large Deposit Exception applies, the Bank will make the first $5,525 of the deposit available in accordance with the case-by-case availability schedule (2nd day). The amount in excess of $5,525 may be held for an extended period, i.e., seven (7) business days from the date of deposit.
If the Reasonable Cause to Doubt Collectability Exception applies, a brief statement of the reason giving rise to the exception should be documented and attached to the copy of the Hold Notice, i.e., “Missing Endorsement”.

  • Payment of Interest – For interest-bearing accounts, the Bank generally accrues interest from the date of deposit. However, when the availability of deposit funds is delayed, the Bank will begin to accrue interest no later than the date the Bank receives credit for the funds.
  • Comply with Endorsement Standards – Regulation CC contains a uniform endorsement standard, which requires the depositary bank (Nantahala Bank & Trust) to endorse in a specific area, include certain information, and use a specific ink color. In the event of non-payment, the paying bank should be able to clearly identify the depositary bank.
  • Provide Notice of Non-Payment – In the event the Bank deems it necessary to return an item of $2,500 or more, we will provide notice of non-payment to the depositary bank no later than 3:00 PM on the business day following the decision not to pay.
  • The Branch Manager or other designated supervisor will provide employees with comprehensive training regarding Regulation CC. At least annual “refresher” training will be provided to those employees whose job responsibilities are affected by this policy and Regulation CC.
  • Documentation evidencing compliance with Regulation CC will be retained for at least two (2) years from the date disclosures are required to be made or action is required to be taken.

III. Covered Transactions
Regulation CC applies to all consumer and non-consumer (commercial) transaction accounts, i.e., NOW accounts demand deposit accounts.

IV. Important Definitions

  • Account: A consumer or commercial transaction account, which includes a demand deposit (checking) account, a NOW account or an automatic transfer account; but the term does not include a savings deposit or money market deposit account (MMDA).
  • Banking Day: any business day, on which the offices of the bank are open to the public for carrying on substantially all business functions, including “back office” functions.
  • Business Day: Means a calendar day other than Saturday, Sunday or a federal holiday.
  • Check-Processing Region: The geographic area served by an office of a Federal Reserve Bank for check-processing activities.
  • Consumer Account: An account opened for personal, family or household purposes.
  • Large Deposit: The aggregate amount of deposited items exceeds $5,525.
  • Repeated Overdraft: When one of two situations has occurred:
    (1) The account has been in a negative balance six (6) days in the previous six (6) months; OR
    (2) The account has been in a negative balance by $5,525 or more for two (2) days in the previous six (6) months.
  • Transit Items: Include non-Nantahala Bank checks, travelers’ checks, U.S. Postal Service money orders, cashiers’ checks, certified checks, teller checks and federal, state or local government checks.

V. Penalties
Civil Liability
If the Bank fails to comply with any provisions of the EFAA relating to availability schedules, hold notices or payment of interest, it may be liable to the consumer for any actual damages suffered, court costs and attorney’s fees PLUS punitive damages:

  • In Individual Actions – From $100 to $1,100
  • In Class Actions – The lesser of $552,500 or 1% of the Bank’s Net Worth

VI. Required Disclosures
Funds Availability Policy Notice
A summary of the Bank’s funds availability policy will be posted in a central location in each branch office near the area(s) where deposits are taken.
An abbreviated version of the notice must be posted at proprietary ATM locations; but it is not required to be posted at drive-up locations.
Initial Regulation CC Disclosures
Regulation CC requires initial disclosures be provided to customers at the time a transaction account is opened. The disclosures must include a statement of the Bank’s funds availability policy, when holds may be placed, and a description of the Bank’s banking days.
Bank Procedures
Generally, New Account personnel provide initial disclosures to customers; and occasionally, Tellers will also provide these disclosures. These disclosures are provided with the “Deposit Agreement and Disclosures”, which are provided to anyone upon request.

VII. Compliance Review
At least semi-annually, a sample of hold notices will be reviewed to determine compliance with Regulation CC. In addition, required disclosures and notices will be reviewed to ensure they accurately reflect the Bank’s funds availability policy.

Expedited Funds Availability Disclosure

Nantahala Bank & Trust
Expedited Funds Availability Disclosure

Your Ability to Withdraw Funds

Our policy is to make funds from your cash and check deposits available to you on the first business day after we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks to you have written.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal holidays. If you make a deposit before 5:00 PM on a Monday through Thursday or Friday before 6:00 PM on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after these hours or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

Long Delays May Apply

In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $225 of your deposits, however, may be available on the first business day.

If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.

If you will need the funds from a deposit right away, you should ask us when the funds will be available.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe a check you deposit will not be paid
  • You deposit checks totaling more than $5,525 on any one day
  • You redeposit a check that has been returned unpaid
  • You have overdrawn your account repeatedly in the last six months
  • There is an emergency, such as failure of computer or communications equipment

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.

Special Rules for New Accounts

If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from the deposits of cash, wire transfers, and the first $5,525 of a day’s total deposits of cashier’s, certified, teller’s, travelers, and federal, state, and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you, (and you may have to use a special deposit slip). The excess over $5,525 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit.

Funds from all other check deposits will be available on the ninth business day after the day of your deposit.

Fee Schedule Effective 11-22

Fee Schedule

Business & Personal Account Fee Schedule

Business Online Services

no

no

no

ACH Manager / Payroll$29.00

no

Remote Deposit / Merchant Capture$29.00

no

Stop Payment$35.00
Check Cashing Fee, Non-Customer

no

$5.00
Check Copies, per page

no

$2.00
Collections - Domestic / Foreign

no

$25.00
Copies, per page

no

$1.00
Counter Checks per page

no

$1.00
Debit Card Replacement

no

$5.00
Deposit Correction

no

$5.00
Deposit / Mortgage Verification

no

$10.00
Dormant Account, per month

no

$5.00
Early Closing of deposit acct. before 6 months

no

$25.00
Failure to Provide Tax ID Number Within 30 Days

no

$10.00
Fax, per page

no

$1.00
Foreign Cash Letter Items

no

no

no

Canadian, per check$25.00

no

Other Countries, per check$50.00
Foreign Currency Exchange - up to $3,000

no

$20.00

no

For Each Additional $1,000, add$3.00
IRA Transfer

no

$25.00
Legal Processing, per hour

no

$50.00
Mortgage Payoff Request

no

$20.00
Multiple Statements, each

no

$5.00
Nantahala Bank ATM fee (Non-Customer)

no

$3.50
Non-Nantahala Bank (Foreign) ATM fee

no

$2.50
*Non-Sufficient Funds per presentment/transaction

no

$35.00
Official Checks

no

$5.00
*Overdraft per presentment/transaction (max of 6 fees per day)

no

no

no

Transaction items $5.01 to $34.99$20.00

no

Transaction items $35.00 and over$35.00
Overnight Delivery Fee

no

no

no

2nd Day$20.00

no

Next Day$30.00
Paper Statement Fee

no

$3.00
Research

no

no

no

Per hour$25.00

no

Per copy$2.00
*Returned Deposited Item

no

$10.00
Returned Mail - Undeliverable, After 1st Mailing

no

$5.00
Safe Deposit Box

no

no

no

3x5$50.00

no

3x10$75.00

no

5x10$100.00

no

10x10$150.00
Safe Deposit Box Drilling

no

$250.00
Safe Deposit Lost Key

no

$175.00
Savings Bond Overnight Fee, not to exceed

no

$20.00
Additional Copy/Interim Statement

no

$5.00
Stop Payment

no

$35.00
Tax Levies or Garnishments

no

$25.00
Telephone Initiated Transfer

no

$3.00
Wire Transfers

no

no

no

Domestic Incoming$15.00

no

Domestic Outgoing$25.00

no

Foreign Incoming$15.00

no

Foreign Outgoing$40.00

*Fee will be charged each time an item is presented. May be charged more than once for the same item.
Overdrafts can be created by check, in person or ATM withdrawal, or any other electronic means.

Overdraft Protection FAQs

Nantahala Bank & Trust
ODP Questions and Answers

Overdraft Fees – Frequently Asked Questions

Nantahala Bank & Trust wants our customers to understand our overdraft product and any related fees and learn how you can minimize the cost to you while still providing peace of mind knowing that your debit card, online banking and check transactions may be covered.

What is an Overdraft?

It is your responsibility to know when your account is overdrawn and to immediately repay Nantahala Bank & Trust or deposit sufficient funds into your account to cover the overdraft and any related fees.

Overdrafts are situations when your checking account does not have enough funds to cover incoming transactions such as ATM transactions, debit cards that you are using at a merchant, checks, online payments, or recurring payments for monthly bills where you may have authorized the power company or cable company to automatically deduct payments from your account. Having checks in your checkbook does not always guarantee there is money in your account to cover these checks.

If Nantahala Bank & Trust chooses to pay an item on your behalf where there are not enough funds to pay the item, it’s called an overdraft. If Nantahala Bank & Trust does not pay this item for you, it will be returned unpaid and called a returned item or we may use the term “Non-Sufficient Funds” or the acronym NSF.

As a courtesy to you, Nantahala Bank & Trust will notify you by mail when an overdraft occurs. You can also set up alerts that will notify when your balance is below an amount you specify in Online Banking to avoid overdrawing your account.

How do I find out which overdraft plan I currently have and how to obtain another form of overdraft coverage that may be less costly to me?

Please call us at 828-369-2265, send us an email to info@nantahalabank.com or visit a branch and a representative will help you.

You have the right to decide if you want to participate (opt-in) or not to participate (opt-out) in the process that covers your use of debit cards, online transactions, recurring bill payments, etc. Your decision to opt-in or opt-out of our overdraft program will typically be effective within three business days after we receive your notification. Participation in an overdraft review does not guarantee Nantahala Bank & Trust will always authorize and pay your transactions and items. Nantahala Bank & Trust still retains the discretion to decline payment of items or transactions that will overdraw your account whether you opt-in or not. We will consider the age of your account (how long it has been open), the number of overdrafts generated in a day as well as those over time, how often you make deposits along with the dollar total of the deposits and your overall account standing with us.

Nantahala Bank & Trust will allow you to “link” your checking account to other checking accounts; MMDAs or Savings accounts and funds from these accounts will be used to pay for incoming transactions in situations where the account that triggered the incoming transaction did not have enough money to pay for the transaction.

What if I do not want to enroll in any overdraft plan?

When you opened your checking account we asked you to make a decision whether you wanted us to pay for any overdrafts that might be created by your use of your debit card at ATMs and use of your debit card at a merchant for one-time purchases such as dinner or a movie. If you said yes, we pay these overdrafts at our discretion and charge a one-time fee as shown in the Schedule of Fees provided to you at account opening, if we pay the item. If you said No or didn’t specifically say Yes to this service, we considered you opted-out and do not pay ATM and one-time debit transactions that would have overdrafted your account. If you change your mind, let us know and we will be happy to cover such transactions for a fee. You can always change your mind at any time and opt-out of this service by notifying the bank through the channels we have listed elsewhere in this announcement.

For other than the ATM and one-time debit card transactions, we automatically enroll customers, once certain conditions are met and maintained such as having the account opened for a minimal number of days and maintaining your account in a satisfactory manner such as not abusing the number of overdrafts, in our automated overdraft plan that covers transactions involving checks, recurring debit card transactions, online bill payments such as ACHs, etc. If you do not want to participate in our automated coverage program please call us at 828-369-2265, or email us at info@nantahalabank.com or visit one of our branch office locations and see a representative to assist you. For these types of accounts, fees will apply when items are presented in the form of an overdraft fee or returned item (NSF) fee.

How do I enroll in an overdraft plan?

No need to enroll, if you answered your initial disclosure as “opt in”, once your account is open for 30 days, it will be available to you. To setup a linked account or to apply for a Line of Credit please visit or call the branch most convenient to you at one of the numbers listed below:

Franklin – 828-369-2265
Hayesville – 828-389-0700
Murphy – 828-837-1402

What is the processing order for transactions on my deposit account?

In the past many banks paid your largest transactions first but Nantahala Bank & Trust has determined that it may be less costly to our customers to pay in a more neutral order such as deposits posted first, then withdrawals in the sequential order in which a transaction, such as a check or online bill pay, was received or by dollar amount, with the lowest dollar amount transactions being processed before higher dollar amount transactions.

How does overdraft review work for business accounts?

At account opening, your business account is automatically subject to overdraft coverage within a certain period of time after account opening and this coverage will stay in place unless you do not handle your financial responsibilities adequately. If you wish to opt-out of automatic overdraft coverage you may notify us by any of the methods mentioned elsewhere in this communication. If you opt-out, all of your attempted transactions and withdrawals will be returned unpaid or declined when sufficient funds are not available and an NSF fee will be charged.

How do I determine my balance for determining if an overdraft took place, especially when I have a number of transactions which haven’t “cleared”?

Nantahala Bank & Trust, as noted in your initial account opening documents, utilizes the “available balance method” to determine if you have sufficient funds to pay an incoming item. For example, transactions you may make during the day such as online bill payments, use of your debit card at a local or national merchant , etc. are “authorized” transactions which we are required to pay and will reduce your ledger balance. There may be situations where there were enough funds in your account when the amount was authorized and due to other transactions clearing, there may not be enough funds in your account to cover the charge when it is presented by the merchant for payment. This will be considered an overdraft and will trigger a fee in the automated overdraft program.

Is there anything else I need to know?

The amount of the overdraft and its related fee is assessed against the next deposit to your account.

The good news is that we only charge one fee per overdraft where many banks charge “continuous” activity fees if the account is not returned to a positive status within a few days.

Our employees are trained, and periodically reminded, to assist you in obtaining the type of overdraft account that results in both the best coverage given your usage habits at the lowest cost to you.

Online Banking Agreement Disclosure

Nantahala Bank & Trust Company Online

Banking Agreement/Disclosure

Agreement. 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.

Fees. 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.

Liability. 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.

Business Days. 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 5:00 P.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 5:00 P.M. EST Monday through Thursday, after 6:00 P.M. on Friday, all day Saturday, Sunday and banking holidays will be effective the following business day.

Contact Methods. 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) at. The Bank shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.

Disputes. 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:

  • Tell us your name and Account number
  • 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.
  • 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 contact the Bank immediately 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.

Liability. 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.

Acceptance. 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.

Changes in Terms. 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.

Alerts. Your enrollment in Nantahala Bank & Trust Company Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Nantahala Bank & Trust Company account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. We may add new alerts from time to time, or cancel old alerts. We usually notify you when we cancel alerts, but are not obligated to do so. Nantahala Bank & Trust Company reserves the right to terminate its alerts service at any time without prior notice to you.

Methods of Delivery. We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Nantahala Bank & Trust Company Online Banking message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

Alerts via Text Message. To stop alerts via text message, text “STOP” to 99588 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in Nantahala Bank & Trust Company Online Banking. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 828-369-2265. Our participating carriers include (but are not limited to) AT&T, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

Limitations. Nantahala Bank & Trust Company provides alerts as a convenience to you for information purposes only. An alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Nantahala Bank & Trust Company’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Nantahala Bank & Trust Company, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information. As alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your alerts will be able to view the contents of these messages.

Security Features

Nantahala Bank & Trust
Security Features

Security Statement

Your transactions are safe. Nantahala works with cutting-edge technology partners to ensure that the most secure environment is made possible for our valued customers. We offer you worry-free Internet banking. You can be completely confident of the following security measures:

  • Secure Communications
    Our system ensures that data-exchanged between your PC and our computers are encrypted with 128-bit encryption – the strongest encryption available. Encryption is accomplished through Secure Sockets Layers (SSL), which utilizes mathematical formulas to ‘encrypt’ or hide information from prying eyes on the Internet. Additionally, if SSL detects that data was added or deleted after you sent it to the bank, the connection will be severed in order to guard against any tampering. The most popular browsers have the SSL security feature included.
  • Secure Environment
    Our computer system does not connect directly to the Internet. It is isolated from the network via a ‘firewall.’ A firewall is a combination of software and hardware products that designate parameters, and control and limit the access that outside computers have to the banks’ internal networks and databases. You can feel secure knowing that our firewall protects your personal information from unauthorized access.
  • Secure Login
    User IDs and passwords are isolated from the Internet by being stored on Nantahala’s computer. This way, the passwords and IDs can never be accessed or downloaded by anyone on the Internet. Additionally, user passwords can vary from 6 to twelve with special characters, which means the chance of randomly guessing a password is less than one in one billion! The system also checks for invalid logins and automatically disallows a user after three invalid attempts. This prohibits the ‘hacker’ from gaining access to our system, thus protecting your accounts.
  • Your Password
    You will be responsible for maintaining one of the most important security measures: your password. When you receive your NBT Online password, be sure to keep it a secret. Memorize it, or write it down and keep it in a safe place. It is not recommended you carry your password in your purse or wallet. Make sure no one watches you enter your password and always close your browser when leaving the computer. Make sure you regularly scan your computer for viruses that could be used to capture password keystrokes. You ultimately hold the key to your password security.
Terms of Use

Nantahala Bank & Trust
Terms of Use Agreement

THESE TERMS GOVERN THE USE OF THIS WEBSITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS THE WEBSITE. BY ACCESSING THE WEBSITE OR ANY OF ITS PAGES YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

This website has been established by the Bank for the sole purpose of conveying information about the Bank’s products and services and to allow communication between the Bank and its customers. Information that appears on this website should be considered an advertisement. Nothing contained in any page on this site takes the place of the bank’s agreements and disclosures that govern its products and services. If any information on the site conflicts with that in the bank’s agreements and disclosures, the agreements and disclosures will control.

From time to time the Bank may place links to other websites on this site. The Bank has no control over any other website and is not responsible for the content on any site other than this one. Users assume all responsibility when they go to other sites via the links on this site.

The information and materials contained in this website are owned by the Bank or by others, as applicable. No material may be copied, displayed, transmitted, distributed, framed, sold, stored for use, downloaded, or otherwise reproduced except as permitted by law.

The Bank makes no warranties of any kind regarding the products and services advertised on this site. The Bank will use reasonable efforts to ensure that all information displayed is accurate; however, the Bank expressly disclaims any representation and warranty, express and implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, suitability, and the ability to use the site without contracting a computer virus. The Bank is not responsible for any loss, damage, expense, or penalty (either in tort, contract, or otherwise), including direct, indirect, consequential and incidental damages, that result from the access of or use of this site. This limitation includes, but is not limited to the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if the Bank has been informed of the possibility of such loss or damage.

This agreement may be changed from time to time by posting the new Terms of Use on the website. All users agree to be subject to this agreement as it changes from time to time.

This agreement and the use of this website are governed by the laws of the State of North Carolina.

Internet Gambling Disclosure (UIGEA)

Nantahala Bank & Trust
Unlawful Internet Gambling Prohibition Notice

In compliance with the UNLAWFUL INTERNET GAMBLING ENFORCEMENT ACT OF 2006 (UIGEA) and implementing regulations (Regulation GG) issued by the Board of Governors of the Federal Reserve System and the United States Department of Treasury, certain transactions are prohibited within your account. Our financial institution is required to notify our commercial customers of this prohibition.

“Unlawful Internet gambling” is defined in UIGEA as placing, receiving, or otherwise knowingly transmitting a bet or wager by any means which involves the use, at least in part, of the Internet where such bet or wager is unlawful under any applicable Federal or State law in the State or Tribal lands in which the bet or wager is initiated, received, or otherwise made.

“Restricted transactions” are defined in Regulation GG to be transactions in which funds are knowingly accepted by gambling businesses in connection with participation by others in unlawful Internet gambling. Restricted transactions are prohibited from being processed through this account or any account you hold with our institution. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, debit card or credit card transactions, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling. Internet gambling will generally be considered to be unlawful unless verifiable authorization is obtained by an appropriate State or Tribal authority.

We may block or reject any such restricted transactions. Further, we reserve the right to block or close any account which we believe is in receipt of such transactions.

COPPA Disclosure

Nantahala Bank & Trust
COPPA – Protecting Children

Protecting Children
THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) was passed to give parents increased control over what information is collected from their children online and how such information is used. The law applies to Websites and services directed to, and which knowingly collect information from, children under the age of 13. The Bank’s Website and online services are not directed to children under the age of 13, nor is information knowingly collected from them. For additional information on COPPA protections, link to the Federal Trade Commission’s website at https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa for educating both parents and children about the dangers of the internet and how to browse safely.