INTERNET BANKING AGREEMENT
TERMS AND CONDITIONS OF USE
WELCOME TO GREAT OAKS BANK's WEB SITE (https://www.greatoaks.bank). THESE TERMS AND CONDITIONS OF USE GOVERN THE USE OF THIS SITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS THE SITE. BY ACCESSING THE SITE OR ANY OF ITS PAGES YOU AGREE TO BE BOUND BY THESE TERMS.
Product and Services Information
This Site has been established by Great Oaks Bank for the purpose of conveying information about Great Oaks Bank's products and services and to allow communication between Great Oaks Bank and its customers. Nothing contained in any page on this Site takes the place of Great Oaks Bank's agreements that govern our products and services and disclosures made in accordance with federal and state laws and regulations. If any information on the Site conflicts with that in Great Oaks Bank's agreements and disclosures, such agreements and disclosures will control.
Subscription Requirements
To subscribe to Great Oaks Bank's Internet Banking service ("Internet Banking"), you must maintain at least one deposit account with Bank, which may include the following types of accounts: checking account, savings account or money market account (collectively and individually, “Accounts”). Internet Banking will allow you to access more than one Account, view Account balance and transaction information, transfer funds among designated Accounts, send electronic communication to Great Oaks Bank and receive electronic communication from Great Oaks Bank.
Security Procedures
Security is very important to the Internet Banking system. At the time you request the service, we will select a unique “Use ID” and then choose a “Password” that will be used to gain access to the system. Prior to activation, we will verify your identity and authorization to information associated with the account(s) that you requested tied to the service. Before gaining access to any account information, each individual is authenticated by their User ID and Password, authentication phrase, and a series of questions and answers selected by you. 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 logged on. Because you 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. We suggest that you do not choose passwords that are easily identifiable with you such as a child’s name of a pet’s name. Keep your Password safe. Memorize your Password and never tell it to anyone. You may consider changing your Password occasionally, such as every 90 days. Passwords will expire every 180 days. You may change your password at any time under the menu item “Preferences.” You agree to exercise reasonable care to safeguard your User ID, Password and Security Device if applicable, It is your responsibility. Reasonable care includes, but is not limited to: not storing or writing any of this information with or on your computer, (do not write your Password down in your purse, wallet or in a computer file), and not allowing other individuals to conduct transactions using your User ID, Password or Security Device. If this happens, you should request a new one to prevent unauthorized use. We will not be liable for any losses resulting from you permitting other persons to use your Username, Password or Security Device to access the system.
Customer Responsibilities
You shall be responsible for all Internet Banking Transactions you authorize. You shall also be responsible for all Internet Banking Transactions initiated by persons to whom you have given your login information. You also have responsibilities as governed by the Electronic Fund Transfer Act (15 U.S.C. 1693, et seq.) as more fully described below.
Bank Responsibilities
Great Oaks Bank shall be responsible for performing services expressly provided for in these Terms, and shall not be liable for any error or delay so long as Great Oaks Bank has acted in accordance with these Terms and Account agreements. Great Oaks 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.
Great Oaks Bank shall not be liable if you have not given Great Oaks Bank complete, correct or current transfer instructions or if you have not followed proper instructions provided through the Internet Banking website. Great Oaks 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 circumstance beyond the control of Great Oaks Bank.
Computer Equipment and Software
You must have an Internet Service Provider and a web browser to utilize Internet Banking through the Internet. In an effort to provide the highest degree of confidentiality and security, Great Oaks Bank recommends the use of browsers that provide encryption using a 128-bit key. The higher level of encryption, the more difficult it is for unauthorized people to read information. Great Oaks Bank is not liable for losses resulting from the use of any browser using less than 128-bit data encryption. If you elect to use a browser that does not use 128-bit encryption, this implies your acceptance of this risk.
You are solely responsible for the maintenance, installation and operation of your computer and for the software used in accessing Internet Banking. Great Oaks Bank shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software, nor shall Great Oaks Bank be responsible for any computer virus that affects your computer or the software while using Internet Banking. We are not responsible for any computer virus, problems or malfunctions resulting from a computer virus, or related problem.
Daily Processing Deadlines
Account information displayed through Internet Banking is the current information as of the previous business day. Funds transfers between Account(s) initiated on your computer using Internet Banking, and received by Great Oaks Bank or its agent(s) by 4:00 P.M. EST Monday-Friday will be effective on the current business day. Funds transfers initiated on your computer and received after 4:00 P.M. EST Monday-Friday or all day Saturday, Sunday and banking holidays will be effective the following business day.
Transfers are limited to a minimum of $.01 and a maximum of $99,999.99 per transaction.
Withdrawal Transaction Limitations
The restrictions on the number of withdrawals from your savings and money market Accounts apply to funds transfers between Accounts.
Fees
The following fees will be applicable to Internet Banking:
• Viewing account information - no charge
• Transfers of funds between Accounts - will be subject to any fees applicable to withdrawals from your Account as stated in your Account's disclosures or Great Oaks Bank's fee schedule, as amended from time to time; and
• All other services - fees for any other service made available or requested by you via this Site, will be as stated in Great Oaks Bank's fee schedule, as amended from time to time.
Bill Payment Service
It is easy to pay bills online. Simply set up your Payees by choosing from the database of vendors (Payees) that already exist, or by entering necessary information to schedule a payment. We are able to process payments to payees that have a U.S. Postal address. Payments to payees outside the United States or its territories are prohibited. Due to liability issues, we will not accept payments to federal, state or local tax agencies. Otherwise, there is no limit to whom you pay or how many payees you may establish. We maintain a large vendor database of regional or national billers to make this process quicker and easier. The Bill Payment service will also allow you to see a history of all the payments made from you accounts. Your enrollment in the Bill Payment service constitutes your agreement for Great Oaks Bank’s third party provider to initiate ACH debits to your accounts and/or to draw paper drafts against your accounts.
Limitation on Dollar Amounts
Subject to available balances, Bill Payments can be made for any amount from $1.00 to $2,500.00 per day for electronic payments and $1.00 to $10,000.00 per day for paper payments.
The Bill Paying Process
Great Oaks Bank will process variable payments (non-recurring payments) on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by Great Oaks Bank, which is currently 4:00 p.m. Eastern Standard Time. Variable bill requests received after the business day cut off time, or at any time on a non-business day, will be processed on the next business day. Great Oaks Bank reserves its right to change the cut-off time by giving you notice as outlined in the Amendment and Termination section shown below.
YOU MUST ALLOW AT LEAST SIX (6) BUSINESS DAYS FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACHTHE MERCHANT. (IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE RECURRING PAYMENTS) You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all Bill Payments requested, as well as any other payment obligations you have to the Financial Institution. Great Oaks Bank reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in the Account and the Financial Institution has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand. You further agree Great Oaks Bank, at its option, may charge any of your accounts with us to cover such payment obligations. Electronic Funds Transfer Act (EFTA) does not apply to paper check transactions that are processed through Bill Pay. EFTA only applies to electronic transactions.
Commercial Cash Management
In addition to the online banking features listed above, corporate customers can use
our online Commercial Cash Management service to initiate and upload ACH debits and credits. A separate Automated Clearing House (ACH) agreement, and enrollment form are required. At the time of enrollment, you will be issued a separate security device in order to access the Cash Management service.
Electronic Fund Transfer Act Disclosure
Some of the terms set forth below are governed by the Electronic Fund Transfer Act (“EFT Act”), which is only applicable to consumers. Commercial Account holders are not entitled to the rights provided under the EFT Act. Any consumer Internet Banking transfers you complete using your login information over this Site are subject to the EFT Act and this disclosure.
• Reporting Unauthorized Transactions
You must notify Great Oaks Bank IMMEDIATELY if your login information has been lost or stolen, or if you believe unauthorized transactions are being made from your Account(s). Telephoning is the best way of minimizing possible losses. Contact the Customer Service Center at (478) 374-4754 or write Great Oaks Bank at:
Great Oaks Bank Customer Service Center
5101 Fifth Avenue
P.O. Box 339
Eastman, GA 31023
Failure to notify Great Oaks 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 within two (2) business days, the loss sustained by you will be no more than $50 if your login information is used without your permission. If you do not notify Great Oaks Bank within two (2) business days after learning of the loss of theft of the login information, and Great Oaks Bank can prove that it could have prevented someone from using the login information without your permission had it been notified, you could lose as much as $500.
• Periodic Statements
Great Oaks Bank will mail or deliver to you periodic statements for your Account(s) as disclosed in your deposit or credit agreements. Great Oaks Bank will include any transfers you authorize through Internet Banking on your statements.
You agree to review your periodic statement for accuracy of all data in accordance with these Terms and any other deposit or credit agreements governing your Account. You should promptly notify Great Oaks Bank of any discrepancies.
• Great Oaks Bank's Business Days
Great Oaks Bank's business days are Monday-Friday. Federal holidays on which our offices are closed are not considered business days.
You may access Account information through Internet Banking 24 hours a day, seven days a week, except for interruptions due to maintenance or matters beyond Great Oaks Bank's control. Great Oaks Bank does not warrant that Internet Banking will be available at all times.
• Error Resolution
In case of errors or questions about your electronic transfers, telephone us at 478-374-4754, write us at Great Oaks Bank, 5101 5th Avenue, P.O. Box 339, Eastman, GA 31023, or email us at bookkeeping@greatoaks.bank as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will 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 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, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three 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 that we used in our investigation.
Electronic Mail
Electronic Communication (secure messages) to Great Oaks Bank may be delayed; therefore, if you need Great Oaks Bank to receive information concerning your Account immediately (e.g., to stop payments, to report a lost or stolen card or to report unauthorized use of your Account), you must contact Great Oaks Bank in person or by telephone. Great Oaks Bank shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.
Account Information
Great Oaks Bank may disclose information to a third party about your Account or the transfers only if you have given us permission to do so, or when it is necessary to (1) complete transfers, (2) verify the existence or status of your Account to a third party such as a credit bureau or merchant, or (3) comply with a court order or the request of a government agency. Please refer to Great Oaks Bank's Privacy Policy posted on the Site for more information on Great Oaks Bank's use of its customer's personal and account information provided to or held by Great Oaks Bank.
Links to Other Internet Sites
From time to time Great Oaks Bank may place links to third party web sites on this Site. Great Oaks Bank has no control over any other site and is not responsible for the content on any site other than this Site. You should refer to any terms of use, privacy policies and other notices on such third-party sites before using them. You assume all responsibility when you go to other sites via the links on this Site and for your dealings with such third-party web sites. You should take precautions when downloading files from third party sites to protect your computer software and data from viruses and other destructive programs.
Electronic Signatures and Authentication
Great Oaks Bank may, in accordance with federal law, adopt or accept commercially reasonable electronic signatures and/or authentication procedures to verify customer identity, authenticate customer signature authorization, and confirm that information electronically received by Great Oaks Bank has not been altered during transmission. Such electronic signatures shall consist of symbol(s) or code(s), which may be affixed or contained in electronic agreements, disclosures, notices, records or data transmitted by you or Great Oaks Bank to the other party. Neither Great Oaks Bank nor you shall disclose to any unauthorized person the confidential electronic signature of the other party.
Data Recording
You agree that by using Internet Banking to conduct transactions, the information and transfers will be recorded and/or data captured. By using Great Oaks Bank's service you consent to such recording.
Proprietary Information
The information and materials contained in this Site are owned by Great Oaks 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. All contents of this Site are: © 2003 Bank. All rights reserved. Internet Banking contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics, the entire selection, coordination, arrangement and “look and feel” of Internet Banking is copyrighted as a collective work under United States copyright laws. Neither these Terms nor your use of Internet Banking transfers any right, title or interest in the Site or content on this Site to you, and Great Oaks Bank and its third-party licensors retain all of its and their respective right, title and interest to the Site and its content.
NO WARRANTIES
NEITHER GREAT OAKS BANK NOR ANY OF ITS AFFILIATES MAKES ANY WARRANTY OF ANY KIND REGARDING THE PRODUCTS AND SERVICES ADVERTISED ON OR ACCESSED THROUGH THIS SITE OR ANY LINKED SITE. GREAT OAKS BANK WILL USE REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION DISPLAYED IS ACCURATE; HOWEVER, GREAT OAKS 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. GREAT OAKS BANK IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, EXPENSE, OR PENALTY (EITHER IN TORT, CONTRACT, OR OTHERWISE), INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE AND INCIDENTAL DAMAGES, LOST PROFITS OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE, THAT RESULT FROM THE ACCESS TO 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 GREAT OAKS BANK OR ANY OF ITS AFFILIATES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE THAT, EXCEPT AS EXPRESSLY STATED HEREIN, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF INTERNET BANKING.
LIMITED LIABILITY
BY ACCESSING Internet Banking THROUGH THE WORLD-WIDE WEB, YOU AGREE THAT THE NEITHER GREAT OAKS BANK NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNATIVE COSTS, EXPENSES OR DAMAGES (INCLUDING LOST SAVINGS OR PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEY'S FEES) ARISING OUT OF OR RELATED TO THESE TERMS OF YOUR USE OF THIS SITE. THE MAXIMUM AGGREGATE LIABILITY OF GREAT OAKS BANK FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE ONE HUNDRED US DOLLARS ($100).
Severability
If any provision of these Terms are found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of these Terms.
Amendment
These Terms may be amended by Great Oaks Bank from time to time by posting the new Terms of Use on the Site. Please review these Terms periodically for any updates and changes. You agree to be subject to these Terms as changed from time to time. To the extent required by law, revised information will be made available at any Bank office and, in many cases, will be mailed or sent via electronic mail to you. You will be required to abide by these changes in future transactions.
Jury Trail Waiver and Arbitration
You hereby knowingly, voluntarily, intentionally and irrevocably waive the right to a trial by jury in respect to any litigation based hereon or arising out of these Terms or relating to the account as permitted under applicable law.
You agree that any dispute arising out of or relating in any way to your use of this Site or Internet Banking requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Bank's intellectual property rights, Bank may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the city of Nashville, Tennessee, in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any Federal Court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed. In such event, the parties to these Terms agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Nashville, Tennessee, and each party hereby waives any defense related to personal jurisdiction, process or venue.
Indemnity
You agree to indemnify, defend and hold Great Oaks Bank, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys' fees and costs of litigation, arising out of, or in any way related to your use of or access to this Site, your use of Internet Banking, including any use by your employees, your violation of these Terms or your violation of any rights of a third party.
Bank Waiver
The Bank may waive any term or provision of these Terms at any time or from time to time, but any such wavier shall not constitute a waiver of the term or provision in the future.
Assignment
Great Oaks Bank may assign the rights and delegate the duties under these Terms to any present or future, directly or indirectly, affiliated company or to any third parties.
Termination
Either party may terminate these Terms by giving sufficient notice to the other party. Any transaction you have initiated prior to receipt of notice of termination by Great Oaks Bank will continue to be made until Great Oaks Bank has had a reasonable opportunity to act upon the notice of termination. If Great Oaks Bank terminates your access to Internet Banking, Great Oaks Bank reserves the right to immediately stop making transfers from your Account(s), including those you previously authorized.
Applicable Law
These Terms are subject to the provisions of all applicable operating circulars of the Federal Reserve System and any other applicable provisions of Federal law. Except as so provided, these Terms and the use of this Site are governed by and interpreted in accordance with the laws of the state of Tennessee. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns.