ONLINE BANKING AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS
This agreement sets forth the terms and conditions of the Online Banking
Service (“Service”) offered by Winter Park National Bank (“Bank” and “us”).
In this Agreement, the term “you” refers to each owner and authorized
signer on the accounts that are accessed through the Service. Each time you
access an account through the Service, you confirm your agreement to these
terms. Please see Section 26 regarding electronic communications involving
the Service and this Agreement.
You can perform the following transactions, depending on the services you
request and the accounts tied to the Service:
? View account balance information and transaction history,
? Transfer money between your eligible accounts,
? Arrange for automatic monthly transfers from one Bank account to another,
? View images of checks and deposits made to your accounts,
? Submit Stop Payment requests,
? Communicate with us by electronic mail (“email”),
? Initiate Bill Payments.
We may make other Services available to you from time to time. Unless we
state otherwise, they will be subject to the terms of this agreement.
Computer Requirements Equipment and Software
You are responsible for the selection, installation, maintenance, and
operation of your computer and software. We assume no responsibility for
any error or malfunction by your computer or software, or for any computer
virus or similar problems you may experience with the internet or your
internet service provider. Please see Section 26 regarding Service computer
requirements. You must use equipment and software that are compatible with
our systems, which may change from time to time.
You are responsible for providing and maintaining any equipment that is
necessary for the Services, such as telephones, terminals, modems and
computers. You agree to use equipment that is compatible with our programs,
systems and equipment, which we may change from time to time. We assume no
responsibility for the defects or incompatibility of any computers or
software that you use in connection with the Services, even if we have
previously approved their use. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, IN
LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE
SERVICES, OR ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE MADE AVAILABLE TO
YOU. You agree to notify us promptly if any software or equipment we
provide to you becomes defective. Our sole responsibility (if any) in such
instances will be to repair or replace the defective software or equipment.
You acknowledge that you are solely responsible for the security of your
own computer and access systems.
To use the Services, you must have sufficiently powerful computer hardware
and appropriate software. At this time, this includes an internet browser
that supports 128-bit encryption. Some Services may require you to download
software from our website; in some cases, we may place software on your
computer as part of our security and/or verification tools. You hereby
certify that you are an authorized user of the Internet Browser you select
as well as any other software used to access or interface with the System
and you agree to ensure that any future supported upgrades to your Internet
Browser and other software will be loaded and operational on your personal
computer. You acknowledge that you are solely responsible for the security
of your own computer and access systems. You agree that you will maintain
adequate safeguards to protect your computer and access systems from
viruses, spyware or any unauthorized intrusion that would threaten the
System of your accounts. You agree that you will hold Winter Park National
Bank harmless from any unauthorized transactions, loss or liability
associated with any unauthorized intrusion into your computer or access
systems. You agree to maintain the confidentiality of the Access Codes at
all times and not to provide access to them to anyone that you do not
authorize to access your Accounts through the Services. You expressly
acknowledge that any wireless access to the Services initiated by you may
not be secure and, in such cases, you assume the risk associated with
unauthorized access to the Service and any information contained therein,
resulting from such wireless connectivity. You agree to implement and
maintain administrative, technical and physical safeguards to protect
against unauthorized access to or use of any Account information which you
may access or store on your computer or other data storage systems.
On-line Banking Accounts
In order to use the Service, you must have a checking account with us,
access to the internet, and an e-mail address. The checking account will be
your primary On-line Banking account. If you have more than one checking
account with us, you must designate one of them as your primary account. If
you do not do so, we may select the primary account for you. We may
terminate the Service if your primary account closes for any reason.
Service fees, if applicable, will be charged to your primary account
depending upon your account set-up with us. You can add or delete accounts
accessible through the Service by completing a new enrollment form. At our
discretion, we may refuse to allow certain accounts to be linked to the
Services. Any signer on any account listed in your application for this
Service will have the ability to conduct online transactions involving any
of the accounts listed on the applications. Even though a listed account
may require more than one signature for the withdrawal of funds (e.g., by
check), we may act on the oral, written or electronic instruction of any
one of the authorized signers for Service transactions. For example: if
John and Mary list accounts they hold individually and jointly (whether
one or more signatures for withdrawal) on their joint application for the
Service, John can initiate transfers from his individual account, from his
joint account with Mary, and from Mary’s individual account. If John does
not want Mary to have access to John’s individual account, John should
submit a separate application to the Bank for that account.
During your enrollment for the Services, you are required to select or will
be assigned certain numbers, codes, marks, signs, public keys or other
means of authenticating your identity and electronic communications in your
name. These may include a customer number, logon name, and password. These
credentials, with the other components of your Access Codes, will give
access to your Accounts through the Service. You agree to change all
passwords with sufficient frequency so as to protect confidentiality, and
in any event no less frequently than every 180 days. You agree to keep all
Access Codes confidential; you agree not to write them down. Passwords
should not be easy to guess: for example, your children’s or pet’s names,
birth dates, addresses or other easily recognized identification related to
you. It is also recommended you do not have your browser automatically
remember your password. We may offer to you or require you to use
additional authentication tools or methods from time to time. If you choose
not to implement supplemental authentication tools, your access to some or
all Services may be limited. The term “Access Codes” will include any
supplemental authentication tools that are used by you.
You agree to consider the size, type and frequency of the payment orders or
other money transactions you will intend to use Services to accomplish. You
agree to consider the risks presented by the possibility of unauthorized
access to these Services, including the risk loss to you that we may
process Communications and instructions that are your responsibility even
though they were not authorized by you. You agree to use Services only
after determining, and only for so long as you continue to determine, that
the security procedures are a commercially reasonable method of providing
security against unauthorized payment orders or other Communications. You
agree and acknowledge that the security procedures are commercially
reasonable for you and that you will be bound by instructions or
Communications in your name, as set forth above. You agree to take
appropriate steps to ensure that all Access Codes are protected. In your
review of the Services, including those aspects of the Services pertaining
to the issuance, use, and protection of Access Codes and security
procedures, you agree to notify us if your use of the Services would
necessitate or be better served by a level of security that exceeds that
offered by the Services. If you fail to notify us, then you acknowledge and
agree that the security procedures of the Services
are appropriate for your needs and will provide you with a commercially
reasonable degree of security against unauthorized use.
Accessing the Service
You must use an Online Banking ID and an Online Banking PIN to access the
Service. When you enroll, we will provide you a temporary password that
will give you initial access to the Service. That password must be changed
the first time you log on to the Service. Each individual who has access to
the Service must choose a password. You should memorize your password and
change it every 180 days. We may act on any Service instruction that is
accompanied by your Online Banking ID and Online Banking PIN. You agree not
to disclose your Online Banking ID or Online Banking PIN to anyone. You are
responsible for keeping your Online Banking ID and Online Banking PIN
confidential. Never place them on or near your computer. If you forget your
password contact us to have a new one issued to you. We may suspend access
to the Service if there are three unsuccessful attempts to enter a
Hours of Operations
You can access your accounts through the Service seven days a week, 24
hours a day. There may be times, however, when all or part of the Service
is unavailable due to system maintenance. We are not responsible for the
unavailability of the Service or any damages that may result from its
Account Balance and Transaction Information
You can use the Service to obtain account balance and transaction
information. Please note that the information provided may not include
recent transactions and may include funds that are not subject to immediate
withdrawal. Balance and transaction information generally reflect activity
through the close of the previous banking day.
You may transfer funds between your linked savings and checking accounts.
Transfers initiated before 5:00 p.m. (Eastern Standard Time) on a banking
day will be posted to your account on the same day. All transfers completed
after that hour or on a Saturday, Sunday or holiday may be posted on the
next banking day.
You can use the Service to send us electronic mail (“e-mail”). Since e-mail
can be subject to delay and may not be reviewed by us until the next
banking day, you should not rely on it if you need to communicate with us
immediately (e.g., to stop payment on a check or report an unauthorized
transaction). If you need to contact us immediately, call us at the
telephone number listed in Section 17. We will have a reasonable time to
act on e-mail request, and reserve the right to reject any instruction or
request received by e-mail (e.g., a request to wire funds). Please do not
include any sensitive information about yourself or your accounts in the
e-mail, as we cannot guarantee its privacy over the internet. You agree
that we may read and record any e-mail communications between you and our
employees through the Service.
Stop Payment Service
You may stop payment on a check you have written (non-electronically) by
following the procedures established for that Service. You must provide us
with timely, complete and accurate information regarding: the number of the
account in question; the date of the item; the item number; the payee
information and the EXACT account of the item (dollars and cents). If any
information is incomplete or incorrect, we will not be responsible for
failing to stop payment on the item.
We will review current activity on your account since the date of your last
statement to confirm that the item upon which you request a Stop Payment
has not recently been paid. You are responsible to review the activity on
all previous statements. We will not be responsible to ascertain whether
the check you wish stopped has been paid in any previous statement. From
time to time, the on-line system may be inoperable. If that occurs, your
request can be communicated to us by telephone. We may require written
confirmation of your order within 14 days of our receipt of your telephone
Generally, to set-up the Bill Payment Service, you must initially designate
the Account or Accounts (individually or collectively referred to as “Bill
Payment Account”) from which the Bill Payments are to be made. When using
the Bill Payment Service, you must designate the Account (“Bill Payment
Account”) from which the Bill Payments are to be made, the complete name of
the payee, your Account number and the payee’s remittance address (as
exactly as shown on the billing statement or invoice), the amount of the
payment and the date you want the payment to be processed from your Bill
Payment Account (“Payment Date”).
Use of Vendors; Use of Information
We may use one or more bill payment vendor(s) to provide the Bill Payment
Service, and you understand that various financial intermediaries and their
servicers may be involved in processing any one of your Bill Payment
instructions. These intermediaries may benefit from interest that accrues
on Bill Payments between the time your Bill Payment Account is debited and
the time the payee is paid. Any information you provide may be used by us
or any of these other parties to complete or otherwise deal with your
transaction or comply with any laws, rules or regulations. If there is a
dispute between you and us, or either of Bank and any other person
(including any merchant, payee, financial institution or other intended or
actual recipient of any Bill Payment), you authorize us to obtain
information regarding you, your Account and your Bill Payment obligations
(or the absence of them) from any party that was involved in the Bill
Payment transaction or that might otherwise assist in the resolution of the
dispute or problem. This may include financial and other information.
Setting-Up Payees; One-Time and Recurring Payments
When you sign onto Bill Payment Service, you must establish your list of
payees. A payee is anyone, including Bank or another financial institution
that you designate to receive a Bill Payment; provided that we accept the
payee for the Bill Payment Service. If we accept the payee, then the payee
will be placed on your authorized list of payees. Each time you want to
initiate a Bill Payment, the payee must be on your authorized list of
payees, and if payment will be facilitated electronically to the payee’s
financial account (rather than by paper check) the payee’s receiving
financial account must be within the United States.
We are not responsible if a Bill Payment is not made to a payee because you
provided us with
incomplete, incorrect or outdated information regarding the payee or we
attempted to make a payment to a payee that is not on your authorized list
of payees. Also, we reserve the right to refuse to approve a payee for your
authorized list of payees and to otherwise prohibit payment to a payee via
the Bill Payment Service.
You can use the Bill Payment Service to make a one-time Bill Payment. A
Payment will be processed on the Payment Date; provided that the Payment
Date selected by you is a business day
and you submit your one time Bill Payment instruction prior to the Bill
Payment cut-off hour for that date.
You can use the Bill Payment Service to make recurring Bill Payments. The
Bill Payment Service will allow you to schedule Bill Payment instructions
that will cause a Bill Payment to be processed from the
selected Bill Payment Account on your selected frequency on an ongoing
basis. If you select a Payment Date that is not a business day, then the
Payment Date will default to the business day BEFORE your originally
identified Payment Date. If a Bill Payment is returned or rejected whether
by us or any third party, including an intermediary bank or the payee’s
bank, you will be solely responsible for re-initiating the Bill Payment.
For Bill Payments, you will need to have sufficient available funds in your
designated Bill Payment Account to cover the amount of the Bill Payment no
later than the cut-off hour applicable to Bill Payments on the Payment
Date, or no later than the cut-off hour as of the preceding business day if
your designated Payment Date is not a business day. The funds may be
debited from the Payment Account on or after the Payment Date, depending on
whether the payment is effected electronically or by check. You can
initiate Bill Payments up to the available funds in your Bill Payment
Account, plus any linked credit or other overdraft facility (as
applicable). If you exceed these limits, then we may prevent (or reverse)
Bill Payments in any order and in any amount that we choose, even if the
result is to reduce your transactions to a level below the amounts needed
to pay your bills.
Bank does not recommend that you use the Bill Payment Service to pay your
federal, state or local taxes, courts or other governmental entities. These
agencies normally require an accompanying coupon, which cannot be provided
via the Bill Payment Service. We will not be liable for penalties, interest
or other damages of any kind if you try to use the Bill Payment Service to
remit or pay money for taxes, or to courts or governmental agencies.
Scheduling Payments in Advance of the Due Date.
Bill Payments should be scheduled sufficiently in advance of the due date
of your bill (‘Due Date”) to allow the payee to receive it and without
taking into account any grace period that may be offered by your payee.
Electronic bills will be paid within 72 hours of the close of business of
the Payment Date. Some companies you pay through the Bill Payment Service
are not set up for electronic payment and therefore will receive a paper
draft on your behalf. These paper draft payments can take up to seven (7)
business days to process before the payee receives the payment. You are
responsible for ensuring that you initiate a Bill Payment instruction in
time for the payment to reach the payee before its Due Date (without taking
into account any grace period). You must allow at least seven (7) business
days, prior to the Due Date, for each Bill Payment instruction to reach the
applicable payee. We are not responsible for any damages you may suffer if
you do not allow at least seven (7) business days between the Payment
Process Date and the Due Date of your bill
or obligation, without counting any grace period offered by the payee.
Without limiting the foregoing, we are not responsible for delayed receipt
of payments send via the U.S. Postal Service or for failure of the payee to
process your payment in a timely manner.
We reserve the right to select the method in which to remit funds on your
behalf. These payment methods may include, but may not be limited to, an
electronic payment, an electronic check payment (where the check is drawn
off Bank’s third party service provider’s account), or a demand draft
payment (where a negotiable instrument is created and drawn off of your
Bill Payment Account).
Payment Changes and Cancellation
You may change or cancel a Bill Payment instruction via the Service as long
as you submit the change or cancellation request no later than the cut-off
hour applicable to Bill Payments on the day prior to the Payment Date for
the Bill Payment instruction and you follow the Bill Payment instructions
provided by the Bill Payment Service for changes and cancellation.
Accurate Information on Payees
The Bill Payment will be processed using the information you supply, and if
information you give to us is inaccurate or incomplete in any way the Bill
Payment may be delayed or misdirected. If the Service provides you with a
series of options regarding payee address or location, you are responsible
for correcting that information if such information does not agree with
your records or with your particular bill. Bank and the others that handle
your Bill Payment (including the payee’s bank) are entitled to rely on
information you supply, such as the payee’s account number or the routing
number of the payee’s bank, even if the name you give to us and the number
your give to us identify different persons.
Electronic payments that are made through the ACH are subject to the rules
of the ACH, and you agree to be bound by the Operating Rules of the ACH,
including the rule making payment to the payee provisional until receipt by
the payee’s bank of final settlement of the credit transaction. If final
settlement is not received, you will not be deemed to have paid the payee
the amount of the electronic bill payment. Furthermore, you agree that any
payment by us to you for any returned credit entry or credit reversal is
provisional until receipt by us of final settlement for such entry. If
final settlement is not received, we are entitled to a refund from you of
the amount credited and we may charge your account for the amount credited.
We may refuse to permit the use of any amount credited for a credit
reversal if we believe that there may not be sufficient funds in your
account to cover charge back or return of such reversal.
Our banking days are Monday through Friday, excluding holidays.
You will get a monthly deposit account statement unless there are no
electronic fund transfers in a particular month. In any case, you will get
a statement at least quarterly.
You agree to pay fees we may establish from time to time for the Service.
All individual account fees apply where applicable.
We are not responsible for any fees that may be billed to you by your
online service provider.
We reserve the right to limit the frequency and dollar amount of transfers
and payments, if applicable, for security seasons. Payments and transfers
from savings accounts and money market accounts are limited by law and your
deposit agreement with us. Regarding your Money Market Account, you may
only make up to six withdrawals and/or transfers each statement period by
preauthorized or automatic transfer, draft, or telephone.
You may contact us at (407) 853-7100, Monday through Friday, from 9:00 a.m.
to 5:00 p.m., excluding holidays. Our hours of
operation are subject to change without prior notice.
How to Notify us of a Problem
If you have any questions about a Service transaction or someone has
transferred or may transfer money from your account
without your permission, write to us at Winter Park National Bank, Online
Banking, 201 N. New York Ave., Suite 100, Winter Park, FL 32789 or call us
at (407) 853-7100.
Tell us AT ONCE if you believe your Online Banking ID or Online Banking PIN
has been lost or stolen. Telephoning is the best way of minimizing your
possible losses. You could lose all the money in your account (plus your
maximum overdraft line of credit). If you tell us within two business days,
you can lose no more than $50 if someone used your Online Banking ID or
Online Banking PIN without your permission. If you do NOT tell us within
two business days after you learn of the loss or theft of your Online
Banking ID or Online Banking PIN, and we can prove that we could have
stopped someone from using your Online Banking ID or Online Banking PIN
without your permission if you had told us, you could loss as much as $500.
Also, if your statement shows payments or transfers that you did not make,
tell us at once. If you do not tell us within 60 days after the statement
is mailed to you, you may not recover any money you lost after that 60 days
if we can prove that we could have stopped someone from taking the money if
you had told us in time. If a good reason (such as a long trip or a
hospital stay) kept you from telling us, we will extend the time periods.
If we do not complete a transfer or initiate a payment from your account on
the payment date or in the correct amount according to our agreement with
you, we will be liable for your losses or damages. However, there are some
exceptions. We will not be liable, for example, if; (a) we process your
payment in a timely manner but the payee rejects your payment or fails to
process it in a timely manner; (b) your account does not contain sufficient
available funds to make the transfer or payment, or the transfer or payment
would exceed the credit limit on any overdraft line you have with us; (c)
the money in your account is subject to an uncollected funds hold, legal
process or any other encumbrance or claim restricting the transfer of
payment; (d) the payee or transaction information you supply to us is
incorrect, incomplete or untimely; (e) the system was not working properly
and you knew about the problem when you requested the transfer or payment;
(f) circumstances beyond our control
(such as fire, flood, viruses, computer breakdown or telecommunication
problems) prevent the transaction, despite reasonable precautions that we
have taken; (g) you fail to follow our on-screen instructions properly; or
(h) a transfer or payment could not be completed due to the system’s
unavailability. There may be other exceptions stated in our deposit
agreement with you.
In Case of Errors or Questions about Your Transfers
Telephone us at the number, or write us at the address, set forth in
Section 17 as soon as you can if you think your statement is wrong or if
you need more information about a transaction listed on the statement. We
must hear from you no later than 60 days after we sent the FIRST statement
on which the problem or error appeared. You must; (a) tell us your name and
account number; (b) describe the error or the transaction you are unsure
about and explain as clearly as you can why you believe it is an error or
why you need more information; and (c) 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
questions. 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 that 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. Our obligation to act within the 10- and 45 day periods mentioned
above is extended to 20 business days and 90 calendar days, respectively,
if the notice of error
involves an electronic fund transfer that occurred within 30 days after the
first deposit to the account was made.
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.
Business and Other Non-personal Accounts.
The Bank’s obligations set forth in Sections 20 and 21, and the limitations
on your liability set forth in Section 19, do not apply in the case of
business or other non-personal accounts. Under no circumstances will we be
liable for any special or consequential damages involving such accounts.
The owners of non-personal accounts must notify us immediately if they
discover any unauthorized transactions or errors, and must send us a
written notice of the problem within a reasonable time (not to exceed 14
days from the date of the discovery or their receipt of the first statement
or notice reflecting the problem, whichever occurs first). We may process
any OnLine instruction we believe is given by any of you if the instruction
is accompanied by your Online Banking ID and Online Banking PIN and you
will be obligated for the transfer or payment, even if the instruction is
not transmitted or authorized by you.
Release of Account Information.
We may release information about your accounts and transactions you perform
to third parties: where it is necessary or helpful in verifying or
completing a transaction; to verify the existence, history and condition of
your account for credit reporting agencies; when you give us your consent;
as permitted or required by law; to local, state and federal authorities if
we believe a crime may have been committed involving your account; when an
inquiry is made regarding the availability of funds to cover a check you
have written; and, if you are a business; in response to trade inquiries.
This Agreement supplements the terms of your account agreement with us.
Please see that agreement for other terms relating to this Service, if
applicable, (for example, waivers governing law, and overdrafts). This
Agreement and your account agreement contain all of the terms of our
agreement with you with respect to the Service. The terms of this Agreement
will supersede any conflicting terms in your account agreement with respect
to the Service.
Change in Terms.
We may amend (add to, delete from, or change) the terms of this Agreement
at any time by sending a notice to any of you at the address or e-mail
address shown in our records, by posting a notice or an amended Agreement
on our Web Site, or by delivering it to you. You may choose not to accept
the change by closing your account(s) or terminating this Agreement and
your use of the Service.
You agree that this Agreement and any notice or other type of communication
that is provided to you in connection with the Service, including
amendments, statements, and account information, may be sent to you
electronically by posting the communication on our Web Site or by sending
it to any of you by e-mail. You may obtain a free copy of this Agreement,
any amendments to it, and other communications about the Service in paper
form by writing to us at Winter Park National Bank, Online Banking, 201 N.
New York Ave., Suite 100, Winter Park, FL 32789, or by calling us at (407)
853-7100. You can withdraw your consent to such electronic notices by
writing to us at the same address, and advising us that you wish to have
future notices sent to you in paper form. We may elect to terminate this
Agreement and the Service if you choose to receive notices in paper form.
You agree to provide us with your current e-mail address for notices. If
you e-mail address changes, you must send us a notice
of the new address in writing to Winter Park National Bank, Online Banking,
201 N. New York Ave., Suite 100, Winter Park, FL 32789. You will need the
following hardware and software in order to access our Web Site, to receive
notices from us, and to retain an electronic record of this Agreement and
future communications. You will need an Internet Service Provider (ISP), a
computer that has a Browser Software which supports Secure Sockets Layer
(SSL). We recommend Netscape Navigator 4.0 or higher, Internet Explorer
4.01 or higher. The site has been built to work with all major browsers
that have been tested and approved.
We may terminate or suspend your access to all or part of the Service at
any time, with or without cause. We may
automatically terminate your use of the Service if you do not use it for an
extended period (180 days): if you decide to cancel the Service, please
write to us at Winter Park National Bank, Online Banking, 201 N. New York
Ave., Suite 100, Winter Park, FL 32789.
Your use of the Service shall constitute your acceptance and approval of
all the terms and conditions of this Agreement.