Florida Bank Online Banking Terms and Conditions Agreement Online Banking and Bill Pay Services
This ("Agreement") agreement constitutes your agreement with Florida Bank with respect to your use of Online Banking and Bill Pay services at our website,
www.flbank.com. It governs the use of Online Banking, Mobile Banking and Bill Pay services through personal computers, a mobile device and other similar devices. The terms and conditions of this Agreement are in addition to the depositors' agreement, disclosures and any other documents in effect and governing your account (collectively the Depositors' Agreement). By enrolling in one or all of these services you agree to the terms and conditions contained in this Agreement. It also, describes the rights and obligations of Florida Bank.
Definition of Services
Online Banking, Mobile Banking and Bill Pay services are referred to as "the Service(s)" throughout this Agreement. Florida Bank is also referred to as the “Bank". Online Banking is the internet-based service that provides access to your account(s) at the Bank. It allows you to perform certain banking activities via the internet. It is an optional service that requires an enrollment application.
Mobile Banking is the internet-based service that provides access to your account(s) at the Bank. It allows you to perform certain banking activities via the internet using your cell phone or other mobile device. It is an optional service that requires enrollment.
Bill Payment is the internet-based service providing payments to third parties designated by you and from the account designated by you. It is an optional service that requires an enrollment application.
Accepting the Agreement
You understand that in order to use Online Banking you must present an Online Banking Enrollment Application to your local branch and that it must be accepted by the Bank. You further acknowledge that our Mobile Banking and Bill Pay services are optional services which at your discretion, may or may not be included as a part of Online
Banking. In order to receive the optional bill payment service you must select the option on your Online Banking Enrollment form. You can enroll in Mobile Banking after you have enrolled in Online Banking. The Bank reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be made available online. The Bank
may also post changes in its branches or notify you by e-mail. Your continued use of the website after any changes are made, shall be deemed your acceptance of the changes.
Passcode
You are solely responsible for controlling the safekeeping of and access to, your
Passcode for the Services. Subject to applicable federal and state laws, you are liable for all transactions that are made using your Passcode, whether or not the person using the Passcode had the authority to do so. If you want to terminate another person's authority, you must notify the Bank in writing and arrange to change your Passcode. Your Passcode will allow you to access your account information. You must read and accept the terms and conditions of this agreement to utilize our online banking services. Use of the Passcode indicates to the Bank that you have accepted the terms and conditions
governing your account(s) and this Agreement. When you access our online banking site for the first time you will be required to change your bank-issued default passcode, create a new Passcode and select a Personal Identification Image. Each time you access your account you will be required to enter your Passcode. Your Passcode is not used for identifying errors in your online instructions; it is used as a security measure to verify the authenticity of your online instructions. If the Bank has a concern that your Passcode has been stolen or jeopardized, either by notice from you or by suspicious activity, we may prevent access to your account(s) at any time. Never disclose your Passcode to any bank customer service representative.
Lost or Stolen Passcode or Access Device
If your Passcode is lost or stolen, or is known by another individual, or if your Access Device is lost or stolen, you are required to notify the Bank. Any breach of
confidentiality must be immediately reported to the Bank. The fastest way to minimize your losses is to call the Bank immediately between the hours of 8:00 a.m. EST to 5:00 p.m. EST Monday through Thursday and until 6:00 p.m. EST on Friday and speak with a bank customer service representative. In addition, immediately use the password change feature within the online banking section of the System to change your password. Maintaining your Accounts
You agree to properly maintain any accounts you have with the Bank and to comply with the rules governing these accounts.
Fees
A fee schedule for the Services is provided to you at the time you open an account and/or enroll. Also, a copy may be requested during normal business hours, by e-mail, telephone or by written correspondence. As it pertains to special fees or services, all standard fees, terms and conditions associated with your checking accounts and the transactions or service initiated through Online Banking, will be assessed and applied. There will be no fee for services if it is needed to correct a Bank error.
Personal Online Banking
Online Banking with Bill Pay No Fee Mobile Banking with No Fee*
Online Stop Payments - $20.00 per item Business Online Banking
Online Banking with Bill Pay Basic Services* Mobile Banking with No Fee*
Implementation Fee - No Fee Monthly Maintenance Fee - No Fee Online Stop Payments - $20.00 per item Bill Pay (optional) - No Fee
Premium Services*
Implementation Fee - $100.00
Monthly Maintenance Fee - $20.00 per month Online Stop Payments - $20.00 per item
Additional Fees - Additional fees and/or per item fees apply for special services such as but not limited to Positive Pay, Account Reconciliation, ZBA, Cash Concentration, Wires and ACH. Credit approval and other Agreements are required to be signed by the
business account holder(s) in order to obtain Premium online banking services.
*Basic Service includes - Available Balance, Current Balance, Transfers, Stop Payment, Loan Payment, and Secure Electronic Mail.
*Premium Service includes - Wire Transfer, ACH Payment and Collection, Positive Pay, File Upload and Download, plus the Basic Service.
*Mobile Banking Service – Mobile Banking is an optional service. You can obtain information on your checking, savings, money market and loan account(s) such as
balance inquiries, posted transactions and initiate bill payments. You may incur fees from your mobile carrier.
*Bill Pay Service - Bill Pay is an optional service and you may elect not to use the bill payment service.
Account Access
To access Online Banking you must be an authorized user of an Internet Service Provider (ISP) of your choice (e.g. AOL). The Bank does not endorse any particular ISP. Mobile
Banking requires a mobile device with Internet access and an internet browser application that supports secure SSL connections and is WAP 2.0 compliant.
Account Requirements
You must have at least one or more eligible deposit/loan accounts with us. Eligible accounts for Online Banking and mobile banking are: Checking, Savings or Money Market, Certificate of Deposit, Installment Loan, Commercial Loan, Mortgage Loan, Line of Credit. If you have more than one account or other relationships with us, we will “link” the relationships together as authorized by you in your online banking enrollment application. Accounts, which are linked under the online banking service, will have one primary owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through this service. An account requiring two or more signatures may not be designated as an eligible account for funds transfer, and may only be accessed to view account detail.
Account Services
You may use online banking and mobile banking to transfer funds between any deposit accounts such as checking, savings or money market accounts. You may also use the Service to receive, store, print and download information regarding the account(s) listed on your online banking enrollment application. If you subscribe to the optional Bill Pay Service you may also pay bills from your designated checking account(s). You may receive and transmit secure electronic messages to the bank through online banking. Withdrawal Transaction Limitations
The restrictions imposed by law on the number of withdrawals from your savings and money market accounts apply to funds transferred between accounts. You can make no more than six (6) pre-authorized withdrawals or automatic transfers (including telephone, savings, overdraft protection or data transmission from your regular savings or money market account during each statement cycle).
Available Information
Data accessible for the account(s) you have listed on your online banking enrollment application are: debits, credits, amounts and item number for items drawn on the account, and the daily account balance, including interest credited to a deposit account and finance charges accrued on a credit account. Account information displayed through online banking and mobile banking is in real time and the information displayed is current as of the most recent transaction.
Account Responsibility and Sustained Losses
Consumer Account: You are responsible for the electronic transfers and bill payments you authorize through Online Banking and Mobile Banking. You will also be responsible for all transactions initiated by persons to whom you have given your Passcode. If you report your problem to the Bank within two (2) business days, the loss sustained by you will be no more than $50.00 if your Passcode is used without your permission. Failure to contact the bank within two business days may result in a loss of funds. Refer to the Electronic Funds Transfer section of this Agreement for further explanation. The
limitations on loss that apply to Consumer Accounts do not apply to Non-Consumer accounts (e.g. businesses and non-profit organizations). Non-consumers will also be responsible for all transactions initiated by persons having access to their Passcode. Non-Consumer Account: You are responsible for and assume all risks and losses associated with access, authorized or unauthorized, to your account.
Business Days
Online Banking business days are Monday through Friday. Federal and Bank holidays are not included. The Bank can process bill payments and transfers only on business days.
Daily Processing Deadlines
Online Banking and Mobile Banking is available 24 hours a day, seven days a week for scheduling funds transfers, bill payments and balance inquiries.
The Bank’s daily deadline for processing online and mobile banking bill payments is 1:00 p.m. Eastern Standard Time (EST).
Funds transfers between your Florida Bank accounts initiated on your computer or mobile device and received by the Bank before 7:00 p.m. Eastern Standard Time (EST) Monday through Friday will be effective on the current business day. Funds transfers processed and received after 7:00 p.m. EST Monday through Friday or all day Saturday, Sunday, and Federal or Bank Holidays will be effective the following business day.
Funds transfers between your Florida Bank accounts and your accounts at other Financial Insitutions initiated on your computer or mobile device and received by the Bank before 7:00 p.m. (EST) Monday through Friday will be effective on the current business day. Funds transfers processed and received after 7:00 EST Monday through Friday or all day Saturday, Sunday, and Federal or Bank Holidays will be effective the following business day.
Service Interruption
You may access the accounts designated by you on your online banking enrollment application 24 hours a day, seven days a week, (24/7) except during periods when the Bank is performing regular downloads, maintenance or changing the scope of systems or equipment. During such periods, you may receive error messages and/or an interruption of service. The Bank will not be liable for any damages resulting from a service
interruption. The Bank does not guarantee that notice of interruptions and changes will be provided, but will attempt to do so when possible. The Bank reserves the right to lock down the online banking system at any time for any reason for all users or for individual users. The Bank is not responsible for loss of communication due to circumstances beyond our control (e.g. electricity outage/ downed telephone lines, etc.).
Hardware and Software Requirements
You must provide your own personal computer with sufficient hard drive capacity to load the most recent browsers (e.g. Internet Explorer 7.0), a modem 28.8 (kbps) or better and
an Internet Service Provider. Mobile Banking requires a mobile device with Internet access and an internet browser application that supports secure SSL connections and is WAP 2.0 compliant. You are solely responsible for maintaining, installing, upgrading and operating your computer/mobile device hardware and software used when accessing Online Banking and Mobile Banking. The Bank is not responsible for any errors,
deletions or failures that result from a malfunction of your computer/mobile device hardware or software.
Computer Viruses
The Bank will not, for any reason, be held responsible for any computer viruses, worms, Trojan horses or other similar harmful components that may enter your computer. It is your responsibility to maintain virus protection software on your computer and mobile device and to keep it current at all times to protect your data and hardware.
Browser Security
Online banking uses secure socket layer (SSL) protocol, encryption and authentication methods that include support for strong, military grade 128 bit key encryption.
Encryption protects data from being monitored while it is being transmitted. As the end user of online banking it is your responsibility to make sure that a secure connection exits between your browser and the online banking server. A secure connection must be
verified each time you log onto online banking. Web browsers (e.g. Internet Explorer) have a security indicator symbol such as key or lock. The symbols indicate to you that a secure banking session is taking place. The symbol appears “solid” when the session is being encrypted, and looks “broken” or “unlocked” when a secure session has not been established. If the padlock symbol does not appear on your screen the session is not secure. It is important that you become familiar with the security symbol for your particular browser and become aware of its presence when you are banking online. Secure Electronic Messages via Online Banking versus Regular Website E-Mail You hereby agree to contact us electronically for banking transactions only through "CONTACT US" located within the online banking service. This method is secured by 128 bit key encryption. You also agree to receive secured communications regarding your bank account(s) electronically and will not attempt to circumvent receiving any messages. The Bank will respond to your electronic messages within 48 hours excluding Saturday, Sunday and Federal or Bank holidays. You are deemed to have received any electronic messages sent to you when they are made available to you. The general e-mail link(s) located throughout the Bank's website(s) are never to be used to conduct banking transactions of any kind or to disseminate personal information about you, your family members, finances, or accounts. Regular e-mail transmissions are not encrypted (unless you digitally encode them yourself) nor are they protected by the security of a firewall. Only inquiries regarding general bank services should be communicated through regular e-mail on our homepage. Caution: Never send sensitive information (e.g. user names, passwords/passcodes, account numbers, credit card numbers) by regular e-mail or over the Internet unless you have established a secure encrypted online banking session through the Bank online banking messaging system.
Host Security
The Bank’s web server is buffered from the internet with multiple firewalls. Firewalls protect servers against unauthorized access from the Internet. All access from outside the Bank must go through the firewall protection equipment. It screens the requests and allows only valid, authorized http traffic to reach the server. The firewall is ICSA certified. ICSA stands for the International Computer Security Association and is globally recognized as a provider of Internet security assurance services.
Links
Links contained on the Bank web page may point to websites/sources of information on certain subjects of interest to customers and users of the Bank website. The Bank is not responsible for the content of such sites and does not guarantee the authenticity of
information or documents at such sites. Links to such sites do not imply any endorsement of content, products or services offered at such sites. Use of links through the Bank website is done voluntarily by you and solely at your own risk.
Recording Daily Transactions
You agree that by enrolling in Online Banking to conduct banking transactions, the information and transfers will be recorded and/or data captured on our file server. When you use this service, you consent to such recording.
Electronic Funds Transfer
Some of the terms set forth in this document 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. Online Banking and Mobile Banking enables you to transfer funds to or from your designated Bank deposit accounts. The Electronic Funds Transfer Act provides you with certain rights and responsibilities with respect to certain of these transfers called "Electronic Funds Transfers." Please note that Electronic Funds Transfers under the Electronic Funds Transfer Act do not include securities transactions, such as transfers made concerning the purchase or sale of securities.
If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company you can call us at the telephone number listed below to find out whether or not the deposit has been made.
The Bank shall make a receipt/confirmation available to you at the time you initiate an electronic fund transfer at an electronic terminal. Other transactions will be documented via a periodic statement, which will be sent monthly if an electronic fund transfer has occurred or quarterly if no EFT has occurred.
If the Bank does not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, the Bank will be liable for your losses or damages. However, there are some exceptions. The Bank will not be liable, for instance: • If, through no fault of the Bank, you do not have enough money in your account to make the transfer.
• If the transfer would go over the credit limit on your overdraft line.
• If the automated teller machine where you are making the transfer does not have enough cash.
• If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
• If circumstances beyond the Bank’s control (such as fire or flood) prevent the transfer, despite reasonable precautions that the Bank has taken.
• There may be other exceptions stated in the agreement with you. Please review the agreement carefully.
The Bank will disclose information to third parties about your account or the transfers you make: Where it is necessary for completing transfers; or
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
• In order to comply with government agency or court orders; or to service providers and companies that perform marketing services on the Bank’s behalf ( for example - check printing companies); or
• If you give us written permission
Tell us at once if you believe your card and/or code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum
overdraft line of credit). If you notify the Bank within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission. Also, if you do NOT notify the Bank within 2 business days after you learn of the loss or theft of your card and/or code, and the Bank can prove they could have stopped someone from using your card and/or code without your permission, had you told the Bank, then you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, notify the Bank at once. If you do not notify the Bank within 60 days after the statement was mailed to you, and the Bank can prove they could have stopped someone from taking the money if you had notified them in time, you may not get back any money you lost after the 60 days.
Electronic Fund Transfer Error Resolution
If you feel that any statement or receipt is wrong, or you want more information about a transfer listed on a statement or receipt, contact us by telephone, by secured electronic message through Online Banking or in writing at:
Florida Bank
Attn: Online Banking P O Box 24897
Tampa, FL 33623-4897 Phone Number: 813.405.2540
You must contact the Bank within sixty (60) days after your FIRST statement on which the problem or error appeared. The information you must supply is your name, account number, dollar amount, date and the item reference number of the transaction. Describe clearly the error or transfer you are concerned about and why you require more
information.
If you notify the Bank orally, we may require written verification from you of the question or complaint. If the Bank requests written verification of the question or complaint, and does not receive it within ten (10) business days (5 business days if involving a Visa point-of-sale transaction processed by Visa or 20 days if the transfer involved a new account), the Bank may not provisionally credit your account. The results of an investigation will be disclosed to you within ten (10) business days and the Bank will correct any error promptly. The Bank may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate the questions or complaint. In this case the Bank will re-credit your account within 10 business days (5 business days if involving a Visa point-of-sale transaction processed by Visa or 20 days if the transfer involved a new account) for the amount you believe is in error, so that you will have use of the money during the time it takes for the Bank to complete the investigation. The Bank will tell you the results within 3 business days after completing the investigation. If the Bank concludes there was no error, a written explanation will be sent. You may ask for copies of the documents that were used in the investigation.
Special Rules for New Accounts
There are special rules for new accounts. If you are a new customer special rules apply during the first 30 days your account is open. Please see the "special rules for new accounts" in the Deposit Agreement and Disclosures provided to you when you opened your account. The Electronic Funds Transfer Agreement and Disclosures and Depositor's Agreement and Disclosures are available at any Bank branch office or you may request that a copy be sent to you by mail.
No Signature Required
When any payment or other service generates items to be charged to your account, you agree that the Bank may debit your designated eligible account or the account on which the item is drawn without requiring your signature on the item, and without prior notice to you.
Applying for Additional Accounts and Services
To save our online banking customers time, certain requests and forms may be submitted through Online Banking. By completing and submitting a loan application request form through Online Banking, you authorize the Bank to check credit and employment history, to have a consumer credit report prepared for the purpose of evaluating the application for credit, and to answer questions others may ask you about your credit report. Requests made through Online Banking will be forwarded and delegated to the appropriate branch office or department. You may not, at this time, open new accounts through Online Banking . The Bank requires an original signature before new services or change of
services become effective. This is for your financial safety, protection, and for the validation of the customer's account information.
Assignment
The Bank may assign the rights and delegate the duties under the Online Banking Agreement and Bill Pay Service to any present or future, directly or indirectly, affiliated company. You may not assign your rights and responsibilities under the Agreement or enrollment form to any other party.
Mobile Banking Service (Optional Service)
You may access your banking information, which is available through your Florida Bank Online Banking service, transfer funds or pay bills via your mobile device once you accept and agree to the terms and conditions contained in the Mobile Banking Agreement located on the Online Banking Service or your mobile device if utilizing self-enrollment from your mobile device. In order to use the mobile banking feature, you must be
enrolled and an active user of Florida Bank Online Banking and your mobile device must be web enabled. Mobile banking is free to Florida Bank Online Banking clients
(service/plan fees charged by the mobile service provider is your responsibility).
Bill Pay Service (Optional Service)
The Agreement also governs your use of the Bill Pay Service if you have elected to utilize the Service. You may use our Bill Pay Service to make payments from your Designated Checking Account(s) to the Payee(s) you choose in accordance with this Agreement. There are some payment restrictions, and they are disclosed in the section called Important Payment Exceptions. There is a 30 day waiting period for new account holders before you can activate and enroll in Bill Pay. (We could change this requirement at any time by completing a credit check on new customers to verify their identity and credit history.)
Definitions
• "You" or "your" refers to the subscriber which is each person(s) or entity that subscribes to and signs the Online Banking w/Bill Pay Enrollment Form or is otherwise authorized to use the Service.
• "We," "us," and "our" refers to the Bank who holds your Designated Checking Account(s).
• "Merchant," also referred to as "Payee," means anyone you designate and the Bank accepts as a payee, and any one that generates a bill or invoice for products or services provided to you or on your behalf. You may also make bill payments through the Service to individuals, family or friends for non-business purposes as long as the payee has a verifiable U.S. address and phone number.
• A single payment is a payment to be made one time to a payee, and the amount can vary. • A recurring payment is a payment scheduled to a payee to be automatically initiated in an amount specified by you on a recurring date specified by you to a fixed
payee.
• A designated account is any checking account you choose to have your bills debited from. You may/may not use one checking account as your Designated Account for the Bill Pay service. You may not use a savings account as your Designated Account for the Bill Pay service.
How To Set Up Payees and Payments,
To initiate Bill Pay service and set up your payees and payments you must present an Online Banking/Bill Pay Enrollment Form to any one of our branch offices for
processing. After you have completed your application (30 day waiting period for new account holders) you may begin scheduling your bill payments. It is your responsibility to schedule all single or recurring payments through the Service. The bank will not schedule payments for you or take payment requests by telephone. The Bank reserves the right to refuse the designation of a Payee for any reason.
Payee Information
It is your responsibility to maintain the accuracy of payee information within the bill pay service at all times. This includes the correct name, address, phone number and account number for each payee you have set up. The Bank is not responsible if a bill payment can not be made due to incomplete, incorrect or outdated payee information provided by you. From time to time the bank is given updated information on an electronic funds transfer routing number for a payee. If a new routing number is provided to the Bank by a payee we reserve the right to change that Payee’s routing information in order to process scheduled electronic payments.
Securing Payee and Payment History
The Bank does not store payment information for you. If you print or download your bill pay history or payee information ALWAYS retain it in a secure location. It is
recommended that you maintain a firewall on your personal home computer when you have DSL internet service or if you are attached to a local or wide area network (LAN or WAN).
Item Processing Times
Paper Checks: The Bank can not guarantee when the payee will post a check payment. The Bank will mail a check on the same day you have scheduled the payment to be submitted if it is entered before 1:00 pm (EST). The bank has no control over the length of time it takes the U.S. Postal service to deliver a payment to the payee or the length of time it takes a payee to process a paper check once it has been received. A general rule of thumb is to allow 5 to 7 business days for the payee to receive and process the payment. It is important for you to become familiar with the paper check processing times for each of your payees. Paper check processing times vary for each payee. The Bank can not guarantee when the payee will post the paper check payment and assumes no
responsibility for payments posted by the payee after the due date.
Electronic Payments,: Electronic payments are generally received and posted within 2 to 3 business days from the date you scheduled the payment to be processed. The Bank can
not guarantee when the payee will post the electronic payment and assumes no responsibility for payments posted by the payee after the due date.
The Bank will process payments (single or recurring) and debit your checking account on the business day that you designate (Monday - Friday, except holidays), provided the payment request is received prior to the cut off time set by the Bank. The Bank cut-off time is 1:00 p.m. (EST) for same day processing. Payments received after 1:00 p.m. (EST) will be processed the following business day. Processing Exception: If a scheduled bill payment falls on a holiday or weekend, it will be paid on the Friday BEFORE the weekend, or the last working day BEFORE the holiday. Single 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. The Bank reserves the right to change the cut off time by giving you sufficient notice either by mail, email, notice posted at a branch office or on our website.
Adding Additional Payees
If you want to add a new payee you may do so at anytime by directly adding the payee to the Service. Each time you add a payee you must provide sufficient information,
including name, address and account number. If an account number is not available, a description of the payment should be included.
Important Payment Exceptions
There are specific payments that cannot be made through the Bill Pay service. You may not:
• Make a payment in foreign currency. Payments may only be made in U.S. currency. • Make payments to a foreign country. Payees must have a United States payment address.
• Make a payment of alimony, child-support, taxes, or other governmental fees or court-directed payment through the Bill Pay service.
• Schedule duplicate payments. A duplicate payment is one that is scheduled to be made to the same Payee on the same business day for the same amount. A duplicate payment is different from a Recurring Payment.
Accessing The Bill Pay Service
When you complete your Enrollment Form, you will receive an Online Banking ID and a bank assigned default Passcode. FOR SECURITY PURPOSES, when you first access the Service you MUST change this Passcode to a new personally created Passcode.
A Passcode contains a combination of no less than eight (8) and no more than fifteen (15) Alpha/Numeric/Special characters. Alpha/Numeric/Special is a combination of letters, numbers and special characters. The Passcode is case sensitive. For example,
For added security, you will be asked to select a Personal Identification Image. Each time you login to Online Banking or Mobile Banking, you should verify that the image you selected is the image displayed.
Cancellation of Payments
One-time bill payments scheduled to be processed on the same day may be canceled up until 1:00 p.m. Eastern Time. One-time bill payments scheduled for a future date and recurring bill payments will be processed on the "effective date" or the prior business day if the “effective date” is a weekend or holiday. One-time bill payments scheduled for a future date and recurring bill payments may be changed or canceled until 3:00 a.m. Eastern Time of the day prior to the “effective date.” If the “effective date” falls on a weekend or holiday, then the future dated or recurring bill payment must be changed or canceled before 3:00 a.m. Eastern Time of the business day prior to the business day before the weekend or holiday.
Transaction Limits and Availability of Funds
Individual bill payments may not be made for an amount exceeding the available balance in your Designated Checking Account. You agree to have available the 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 Bank. The 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 Bank 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 that the Bank, at its option, may charge any of your accounts held with the Bank to cover such payment obligations.
Liability
You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment. The Bank is not responsible or liable for a bill
payment that is not made if you did not properly follow the instructions for making the payment or if you fail to promptly notify the Bank after you learn that you have not received credit from a Payee for a bill payment. The Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be a Bank agent. In any event, The Bank will not be liable for any losses, damages, or expenses in connection with this Agreement or the Bill Pay Service. The Bank is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Bank’s reasonable control.
Amendment and Right to Terminate Agreement
The Bank has the right to change or limit the number of Payees you may add to the Bill Pay Service, and adjust the fees assessed if you exceed the set limit by notice mailed to you at the last address shown for the Account within Bank records. The Bank also has the right to terminate the Agreement at any time in its sole discretion, for any reason
written notice to the Bank at least ten (10) calendar days prior to the date on which you wish to have your Service terminated. If you have scheduled payments with a processing date within this ten-day period, you also must separately cancel those payments. You remain obligated for any payments made by the Bank on your behalf during the termination period.
Special Disclosures Regarding the Bill Pay Service
Electronic Funds Transfer as used in this Agreement has the same meaning provided for by the term in Regulation E and includes without limitation, a bank transfer or a bill payment (other than a bill payment made by check or other paper item). Many bill payments processed are by Electronic Fund Transfers (EFT). If an Authorized Payee is unable to accept EFT payments, they will be processed as a paper check by regular mail through the United States Postal Service. You agree that all paper drafts carrying a
"Signature Authorization" or “Signature on File” will have the same effect as if they were actually signed by you. You authorize the Bank to place the "Signature Authorization" or “Signature on File” on any physical check issued on your behalf. Further, you authorize the Bank to honor and pay all checks drawn on your account with a signature
authorization. Please see the Electronic Funds Transfer disclosure statement provided to you when you opened your account, or request a copy of the EFT disclosure at the time you sign up for the Bill Pay Service. It discloses important information concerning your rights and obligations.
Amendment(s) of Agreement
This Agreement can be amended at any time by the Bank. New services may be available for the Online Banking and Bill Pay Services. By using these services as they become available, you agree to be bound by the rules. You will be notified of the new services and applicable rules. The revised information will be made available at any branch office, by mail, email or on our website in accordance with federal and state laws.
Applicable and Governing Law
This Agreement, applications or enrollments and fee schedules shall be governed by and construed in accordance with the laws of the State of Florida, without regard to Florida’s conflict of laws provision, and by the provisions of all applicable operating circulars of the Federal Reserve Bank and any other applicable provisions of Federal Law. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns.
Affiliate Information Sharing and Your Privacy
The Bank recognizes that you expect the highest level of security and confidentiality for your personal information. We believe that your privacy should not be compromised. A separate privacy statement is available for you to read and print on our website,
www.flbank.com. The privacy statement is also posted and a copy is available for you at all branch offices upon request. You will also receive a copy of the statement periodically by mail.
time to time, but such waiver shall not constitute a waiver of, or invalidate any other term or provision in the future.
Jury Trial Waiver and Arbitration of Disputes
You hereby knowingly, voluntarily, intentionally and irrevocably wave the right to a trial by jury in respect to any litigation based hereon or arising out of this Agreement or relating to the account as permitted under applicable law. If either you or the Bank has any irresolvable claim or controversy concerning the services, it will be decided by binding arbitration under the expedited procedures of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association (AAA) and Title 9 of the US Code. Arbitration hearings will be held in Pinellas County, Florida. A single arbitrator will be appointed by the AAA and will be a retired judge or attorney with experience or knowledge in banking transactions. The arbitrator will award the filing and arbitration fees to the prevailing party. A judgment on the award of the arbitrator may be entered by any court having jurisdiction.
Cancellation
This Agreement will remain in effect until terminated by you or the Bank. You
understand that you may cancel this Agreement at any time by notifying us by secured electronic messaging through Online Banking or by contacting your nearest branch office in person or by writing to us at:
Florida Bank
ATTN: Online Banking P O Box 24897
Tampa, FL 33623-4897
Consent to Electronic Delivery of Notices
You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.
Entire Agreement
This Agreement which includes the Fee Schedule, along with a completed enrollment form for Online Banking, Mobile Banking and/or Bill Pay Service is the entire agreement between you and the Bank and it supersedes any marketing or other similar material pertaining to the Services delivered to you in writing or verbally.
