
This Agreement describes your rights and obligations as a user of the Online
Banking service or the Bill Payment service ("Services"). It also describes the
rights and obligations of Four Oaks Bank & Trust Company. Please read this
Agreement carefully. By requesting and using one of these Services, you agree to
comply with the terms and conditions of this Agreement.
Definitions
The following definitions apply in this Agreement. "Online Banking" is the
Internet-based service providing access to your Four Oaks Bank & Trust
Company account(s); "Online Account" means any Four Oaks Bank & Trust
Company account from which you will be conducting transactions using a Service;
and "Password" is the system-generated code sent to you by Four Oaks Bank &
Trust Company for use during the initial sign-on, or the codes you select after
the initial sign- on, that establishes your connection to the Service. "Time of
day" references are to Eastern Standard Time or Eastern Daylight Time, as
applicable. "We," "us" or "the bank" refer to Four Oaks Bank & Trust Company
which offers the Services and which holds the accounts accessed by the Services.
Access to Services
The bank will provide instructions on how to use the Online Banking or Bill
Payment service. You will gain access to your Online Accounts through the use of
your Internet-enabled device, your Internet Service Provider, your Passcode and
your Social Security number.
Use of your Security Password
You agree not to allow anyone to gain access to the Services or to let anyone
know your Passcode used with the Services. You agree to assume responsibility
for all transactions up to the limits allowed by applicable law.
If your Password has been lost or stolen
If your Passcode has been lost or stolen, call the bank immediately at
919-963-2177 8:30 am to 5:00 pm, Monday through Friday. Telephoning the bank is
the best way of minimizing your losses. If you believe your Passcode has been
lost or stolen and you tell us within two business days after you learn of the
loss or theft, you can lose no more than $50 if someone uses your Passcode
without your permission. If you do NOT tell us within two business days after
you learn of the loss or theft of your Passcode, and we can prove we could have
stopped someone from using your Passcode 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
If your statement shows transfers that you did not make, notify us
immediately by calling 919-963-2177, 8:30 am to 5:00 pm, Monday through Friday
or by writing to the following address:
Four Oaks Bank & Trust Company
ATTN: Electronic Banking
PO Box 309
Four Oaks, NC 27524
If you do not notify the bank within 60 days after the statement was mailed
to you, you may not recover any money lost after the 60 days which would not
have been lost if we had been notified in time. If a good reason (such as a long
trip or hospital stay) delayed you from contacting us, we will extend the time
periods.
Banking Transactions with Online Banking
In addition to viewing account information, you may use Online Banking to
conduct the following transactions:
(1) Transfer funds among your checking accounts, savings accounts and money
market accounts. NOTE: Because regulations require the bank to limit
preauthorized transfers (including Online Banking transfers), the following
limitations apply:
(a) Statement savings account. You can make no more than six withdrawals per
quarter.
(b) Money Market savings account. You can make no more than six transfers per
statement period by preauthorized or automatic transfer or by telephone or
Online Banking and no more than three of these may be by check, draft or debit
card.
(2) New services may be introduced for Online Banking from time to time. We
will notify you of the existence of these new services. By using these services
when they become available, you agree to be bound by the rules which will be
made available to you concerning these services.
Bill Payment Service
The Bill Payment service permits you to use your Internet-enabled device to
direct payments from your designated online Bill Pay Account to third parties
you wish to pay. Your Bill Pay Account must be a checking account. Through the
Bill Payment service, you can pay bills from your Bill Pay Account to businesses
or individuals.
All payments you make will be deducted from the account that you designate as
your Bill Pay Account for the Bill Payment service. Any payments you wish to
make through this service must be payable in U.S. dollars to a payee located in
the continental United States. We reserve the right to restrict types of payees
to whom payments may be made using the Service from time to time. You should not
use the Bill Payment service to make payments to settle securities purchases,
payments to interest bearing accounts, tax payments, or court ordered payments.
Payments for these payees will be your sole responsibility if delayed or
improperly processed or credited.
Funds must be available in your Bill Pay Account on the scheduled payment
date. If the date you schedule a payment to be initiated falls on a non-business
day (Saturday, Sunday or holiday), funds must be available in your Bill Pay
Account the following business day (e.g., Monday). After funds are withdrawn
from your Bill Pay Account to make a payment, we may make the payment either by
transferring funds electronically to the payee or by mailing the payee a
check.
You may choose to schedule payments to recur in the same amount
weekly, monthly or semi-monthly. For all payments, you agree to allow at least four (4) business
days between the date you schedule a payment to be initiated and the payment due
date (that is, the due date shown on your invoice or provided in your agreement
with the payee, not taking into account any applicable grace period). If you do
not, you will be fully responsible for all late fees, finance charges or other
action taken by the payee. If you schedule your payment and follow all
instructions provided, but the payment is not received by the payee in a timely
manner, we will work with the payee on your behalf to attempt to have any late
fees or charges reversed.
The bank is only responsible for exercising ordinary care in processing and
sending payments upon your authorization in accordance with this Agreement. We
will not be liable in any way for damages you incur if you do not have
sufficient funds in your Bill Pay Account to make the payment on the processing
date, for delays in mail delivery, for changes to the payee's address or account
number unless you have advised us of the change sufficiently in advance, for the
failure of any payee to correctly account for or credit the payment in a timely
manner, or for any other circumstances beyond the control of the bank.
If the session during which you schedule a payment or transfer ends by 1:00
pm, it will be considered to have been received on that day. Otherwise, it
will be considered received on the following business day. For all entries made
using the service, the time recorded by the Online Banking service controls.
If your Bill Pay Account does not have sufficient funds to make a payment as
of the date the transfer or payment is attempted or scheduled to be made, the
transfer or payment will be canceled and no further attempt will be made by the
bank to make the transfer or payment. We will attempt to notify you by e-mail or
U.S. Postal Mail, but we shall have no obligation or liability if we do not
complete a transfer or payment because there are insufficient funds in your
account to process a transaction. In all cases, you are responsible for either
making alternate arrangements for the payment or rescheduling the payment
through the Service. In the case of fixed payments, only the payment currently
scheduled will be canceled. Fixed payments scheduled for future dates will not
be affected.
The way to cancel or change a payment is to use the Service. Payments must be
changed or canceled using the Service prior to 2:00 pm on the business day the
transaction is scheduled to be initiated. If you ask us to cancel a payment
after it is issued and we agree to do so, we may charge you a stop payment fee.
Stop payment orders, whether oral, written, or electronic, will be in effect for
a period of six months. All stop payment orders must be confirmed in writing
within 14 days. After six months, any stop payment will terminate and must be
renewed in order to continue in effect. The bank may pay any item that is
presented following the lapse of any stop payment order.
Electronic Mail
If you send the bank an electronic mail message, we will deem to have
received it on the following business day. The bank will have a reasonable time
to act on your e-mail.
You should not rely on electronic mail if you need to communicate with
us immediately - for example, if you need to report an unauthorized transaction
from one of your accounts or if you need to stop a payment that is scheduled to
occur.
You agree that the bank may respond to you by electronic mail with regard to
any matter related to the Service, including responding to any claim of
unauthorized electronic funds transfer that you make. Any such electronic mail
sent to you by the bank shall be considered received within three (3) days of
the date sent by the bank, regardless of whether or not you sign on to the
Service within that time frame.
Other agreements
In addition to this Agreement, you and the bank agree to be bound by
and comply with the requirements of the agreements applicable to each
of your Online Accounts. Your use of the Online Banking service or the
Bill Payment service is your acknowledgment that you have received
these agreements and intend to be bound by them. You should review
other disclosures received by you when you open your accounts at the
bank including the charges that may be imposed for electronic funds
transfers or the right to make transfers listed in the fee schedules
accompanying those disclosures and the fee schedule at the end of this
Agreement. We will automatically deduct the fees related to this
Service from your Bill Pay Account each month.
Hours of Operation
The Services are available 24 hours a day, seven days a week, except during
special maintenance periods. For purposes of transactions, the bank's business
days are Monday through Friday, excluding holidays. All Online Banking
transaction requests received after 2:00 pm (1:00 pm for Bill Payment) on business days and all
transactions which are requested on Saturdays, Sundays or holidays on which we
choose to remain closed, will be processed on the bank's next business day. The
bank's business day begins at 9:00 am.
Modifications to this Agreement
The bank may modify the terms and conditions applicable to either Service
from time to time upon mailing or delivering a notice of the modifications to
you at the address shown on our account records and the revised terms and
conditions shall be effective at the earliest date allowed by applicable law. We
may send any notice to you via electronic mail and it will be deemed to have
been received three days after it is sent. We reserve the right to terminate
this Agreement and your use of the Services in whole or in part at any time
without prior notice.
Errors and questions
In case of errors or questions regarding an Online Banking or Bill Payment
transaction, call us at 919-963-2177 or write us at the following address:
Four Oaks Bank & Trust Company
ATTN: Electronic Banking
PO Box 309
Four Oaks, NC 27524
We must hear from you at the specified telephone number or address no later
than 60 days after we sent you the FIRST statement on which the problem or error
appeared. We will need:
1. Your name and account number (if any)
2. A description of the error or the transfer in question and an explanation
concerning why you believe it is an error or need more information
3. The dollar amount of the suspected error and date on which it
occurred.
If the report is made orally, we may require that you send the complaint or
question in writing within 10 business days. We will notify you with the results
of the investigation within 10 business days and will correct any error
promptly. If more time is needed, however, we may take up to 45 days to
investigate a complaint or question. If this occurs, we will credit your account
within 10 business days for the amount you think is in error. This will allow
you to use the money during the time it takes us to complete our investigation.
If your complaint or question is not received in writing within 10 business
days, we may not credit your account until the investigation is completed.
If an alleged error involves an electronic fund transfer outside a state or
territory or possession of the United States, the applicable time periods for
action by us are 20 business days (instead of 10) and 90 calendar days (instead
of 45).
If we determine that no error occurred, we will send you a written
explanation within three business days after the investigation is complete. You
may request copies of the documents that were used in the investigation.
You agree that the bank may respond to you by electronic mail with regard to
any claim of unauthorized electronic fund transfer related to the Service. Any
such electronic mail sent to you by the bank shall be considered received within
three (3) days of the date sent by the bank, regardless of whether or not you
sign on to the Service within that time frame.
Statements
You will continue to receive your regular account statement either monthly or
quarterly, depending on the type of account.
Our liability for failure to make a transfer
If we do not properly 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
the amount of any losses or damages incurred by you and resulting directly from
such failure. We will not be liable in the following instances:
(1) If through no fault of the bank, you do not have enough money in your
account to make the transfer.
(2) If circumstances beyond our control (such as fire, flood, power outage,
equipment or technical failure or breakdown) prevents the transfer, despite
reasonable precautions that we have taken.
(3) If there is a hold on your account, or if access to your account is
blocked, in accordance with banking policy.
(4) If your funds are subject to legal process or other encumbrance
restricting the transfer.
(5) If your transfer authorization terminates by operation of law.
(6) If you believe someone has accessed your accounts without your permission
and you fail to notify us immediately.
(7) If you have not properly followed the scheduling instructions on how to
make a transfer included in this Agreement.
(8) If we have received incomplete or inaccurate information from you or a
third party involving the account or transfer.
(9) If we have a reasonable basis for believing that unauthorized use of your
Password or account has occurred or may be occurring or if you default under
this Agreement, the deposit account agreement, a credit agreement or any other
agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other
agreements with you. In no event shall we be liable for damages in excess of
your actual loss due to our failure to complete a transfer, and we will not be
liable for any incidental or consequential damages.
If any of the circumstances listed in subparagraph 2 or 8 above shall occur,
we shall assist you with reasonable efforts in taking appropriate corrective
action to reprocess the transactions that may not have been completed or to
correct incorrect transactions that have been processed.
Disclosure of information to third parties
We will disclose information to third parties about your account or the
transfers you make:
(1) where it is necessary for completing transfers. Or,
(2) in order to verify the existence and condition of your account for a
third party, such as a credit bureau or merchant. Or,
(3) in order to comply with government or court orders, or other reporting
requirements. Or,
(4) if you give us your written permission. Or,
(5) to bank affiliated companies.
Information concerning your account history with the bank will be shared
within the bank organization. Other information, including information you have
given us as part of an application for one of our products or services, or
information we have received from a credit bureau or other third party, also may
be shared among affiliated companies within the bank organization. You may
direct that information other than your bank account history not be shared with
bank affiliates by e-mailing us using the "Contact Us" link in Online Banking or
calling us at 919-963-2177 8:30 am to 5:00 pm, Monday through Friday.
Inactivity; Termination
You are responsible for complying with all the terms of this Agreement and
with the terms of the agreement governing the deposit accounts which you access
using electronic banking services. We can terminate your electronic banking
privileges (including the Bill Payment service) under this Agreement without
notice to you if you do not pay any fee required by this Agreement when due or
if you do not comply with the agreement governing your deposit or loan accounts
or your accounts are not maintained in good standing. We will promptly notify
you if we terminate this Agreement or your use of the services for any other
reason.
If you are not paying a monthly service charge for the Service, we may
convert your account to inactive status if you do not sign on to the Service or
have any transaction scheduled through the Service during any consecutive 90 day
period. If your account is considered inactive, you must contact us to have the
Service activated before you will be able to schedule any transaction through
the Service.
To cancel the Online Banking and/or Bill Payment service, you must notify the
bank and provide your name; address; whether you are discontinuing Online
Banking, Bill Payment or both; and the effective date to stop the service. When
Bill Payment is terminated, any prescheduled bill payments made through Online
Banking will also be terminated. Your final charge for the Bill Payment service
will be assessed at the end of your statement cycle. You may notify us by one of
the following methods:
1) By sending an e-mail using the "Contact Us" link in Online Banking.
2) By calling us at 919-963-2177, 8:30 am to 5:00 pm, Monday through
Friday.
3) By writing a letter and either sending it to the following address or
giving it to a Customer Service Representative at any branch location:
Four Oaks Bank & Trust Company
ATTN: Electronic Banking
PO Box 309
Four Oaks, NC 27524
Governing Law
This Agreement is governed by the laws of the State of North Carolina and
applicable federal law.
Fee schedule
Four Oaks Bank offers the benefits and convenience of the Online Banking and
Bill Payment services to
consumer and business customers at no charge.