PLEASE READ THE FOLLOWING INFORMATION BEFORE CONTINUING
THANK YOU FOR YOUR INTEREST IN GATEWAY BANK & TRUST INTERNET BANKING PRODUCT. OUR PRIMARY GOAL IS TO PROVIDE QUALITY PRODUCTS AND SERVICES TO ACCOMMODATE OUR CUSTOMERS. PLEASE REVIEW THE FOLLOWING DISCLOSURE INFORMATION AND CLICK "CONTINUE" TO BEGIN THE PROCESS OF BANKING ONLINE.
INTERNET BANKING AND SERVICE AGREEMENT AND DISCLOSURE STATEMENT
By clicking on the submit button, after providing the required enrollment information to subscribe for personal online computer banking and bill payment services offered by Gateway Bank & Trust, as described in this Service Agreement and Disclosure Statement and as otherwise made available by the bank from time to time (collectively, "Gateway Bank & Trust Internet banking service"), or by your initial access to Gateway Bank & Trust Internet banking service, and in consideration of our allowing you access to Gateway Bank & Trust Internet banking service you agree to the terms and conditions of this Agreement. Each reference in the Agreement to the "Bank, "Gateway Bank & Trust", "we", "us", or "our" refers to Gateway Bank & Trust, and each reference to "you" and "your" refers to each depositor, borrower, authorized signer, or authorized user for an account (defined as below) who is now or hereafter enrolled in any one or more of Gateway Bank & Trust Internet banking services with respect to the account. Each time you use Gateway Bank & Trust Internet banking service constitutes confirmation by you or your agreement to and understanding of the terms of this Agreement and any screens that appear on your computer when you sign on the Gateway Bank & Trust Website. This Agreement will be effective as of the date or our acceptance of this Agreement as evidenced by our issuance of an access ID and password to you. Please read this Agreement carefully and print it for future reference. You can print by selecting the Printer icon on the Toolbar or selecting File, Print.
DEFINITIONS
The following definitions apply in this Agreement
"Online Banking" is Gateway Bank & Trust Internet-based service providing access to your Online Account(s).
"Bill Payment" is the Internet-based service providing payments to Gateway Bank & Trust or to third parties from your designed Gateway Bank & Trust account(s).
"Access ID" is the series of minimum 6 digits /maximum 16 digits numbers and letters that you select as a code used in conjunction with the password to establish your connection to the Online Banking service.
"Password" is the series of minimum 6 digits (at least one must be a number & at least one must be alphabetic) maximum 16 digits numbers and letters that you select as a code used in conjunction with the access ID to establish your connection to the Online Banking service. "Online Account" means any Gateway Bank & Trust account from which you will be obtaining information or conducting transactions using the Online Banking service.
"Service" shall mean, individually or collectively, Gateway Bank & Trusts' Online Banking service, Bill Payment service and any other service offered under this agreement.
"Time of Day" references are to Eastern Time or Eastern Daylight Time, as applicable.
"The Borrower", "we", "us", "the Bank" or "Gateway Bank & Trust" refer to Gateway Bank & Trust, which provides or will provide the Service offered under this Agreement. Gateway Bank & Trust provides deposit account, bill payment and loan services, (including mortgages, home equity loans).
"Business Days" are Monday through Friday, except weekdays that Gateway Bank & Trust is not open for business.
"Firewall" is a router or an access server or several routers or several access servers designated as a buffer between any connected public network and a private network.
"BROWSER SECURITY" Gateway Bank & Trust Internet Banking transmits data using SSL (Secure Socket Layer) technology that supports 128-bit key encryption. It is important to verify that a secure connection between your bank and the Internet Banking server has been established before transmitting any confidential account information over the Internet. An indicator in the lower right corner of the screen can verify this. When using Netscape, the lock symbol appears "solid" transmitted data is being encrypted. When this lock symbol appears "broken", a secure session has not been established. Similarly, Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted. When this symbol does not appear, a session is not secure.
"HOST SECURITY" Gateway Bank & Trust web server does not connect directly to the Internet. It is buffered from the internet through the use of a firewall. All access from outside the bank must go through this firewall, which screens the requests and allows only valid https traffic to reach the server. Gateway Bank & Trust Internet Banking makes use of an ICSA certified firewall.
"GENERALLY" You agree to use Gateway Bank & Trust Internet banking solely for the services described in the Agreement and designated by you in the application or subsequently designed by you, and solely in connection with each deposit account (collectively, the "Deposit Accounts") and each loan account (collectively, "Credit Account") held by the Bank and designated by you as described below (collectively, the "Account"), except as otherwise expressly provided in this Agreement or as otherwise expressly permitted by us from time to time. Under this agreement, there may be multiple accounts and at least one (1) of the Deposit Accounts must be a checking account with check writing privileges. Money Market Checking Accounts will still be governed by the limitations stated in Gateway Bank's Account Agreement & Disclosure Statement. You may add any account for which you, or all of you if more than one, are depositor, borrower, authorized signer, or authorized user by notifying the Bank or by visiting any Bank branch office. If you close or delete the only checking account designated for Gateway Bank & Trust Internet banking, you will no longer be able to used Gateway Bank & Trust Internet banking service.
ACCESS ID AND PASSWORD; CONFIDENTIALITY OR ACCESS ID AND PASSWORD. All Gateway Bank & Trust Internet banking transactions or inquires must be initiated by use of your Gateway Bank & Trust Internet banking personal identification number (the "access ID" and "password"). We will assign you an access ID and password after we have accepted your application. The first time you sign on Gateway Bank & Trust Internet banking, you will be required to select a new access ID and password. Your access ID must be at least 6 characters and your password must be 6 to 16 characters consisting of at least 1 letter and 1 number. You may change your password from time to time, as provided in the Software. It is recommended that you do not use your social security number, birthdays, names or other codes that may be easy for others to determine as your password. No Bank employee will ever ask you for your password, nor should you provide it to anyone unless you intend to allow that person to access your accounts. YOU AGREE TO KEEP YOUR PASSWORD CONFIDENTIAL. USE OF THE PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH GATEWAY BANK & TRUST INTERNET BANKING. You agree that any Gateway Bank & Trust Internet banking request initiated by use of the password will be subject to and governed by this Agreement.
If you authorize another person to use your access ID and password, that person can use Gateway Bank & Trust Internet banking to view any information or initiate any transaction on any of the accounts to which that person does not otherwise have access. As such, your sharing of your access ID and password is strongly discouraged by the Bank, and done at your sole risk and peril.
If a third party should gain access to your access ID and password, you alone are responsible for changing the password so as to deny the third party's access to your banking information. Given the electronic nature of these transactions, the Bank shall have no liability to you in the event a third party should gain access to your password through no fault of the Bank.
You should always exit Gateway Bank & Trust Internet banking after your finish viewing your accounts. Never leave your computer unattended while accessing Gateway Bank & Trust Internet banking. If you should, a third party may be able to access your accounts from your terminal, without ever needing to use your access ID and password.
ELECTRONIC FUND TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you our rights and obligations for the transactions listed. You should keep this notice for future reference.
Online Banking Computer Transfers - types of transfers, and charges - You may access your account(s) by computer using internet access at www.gwbt.com and your personal identification number, to:
transfer funds from checking to checking (the term "checking" will include money market accounts, the same conditions apply to money market accounts as stated in account agreement and disclosure) - transfer funds from checking to savings - transfer funds from savings to savings - transfer funds from savings to checking - make payments from checking to your Gateway Bank Loan Account - make payments from checking to third parties *see Bill Paying Agreement for Terms & Conditions) - get information about the account balance of checking accounts, the account balance of savings accounts & the account balance of loans
DOCUMENTATION
Periodic Statements. You will receive a monthly account statement from us for your checking accounts. You will also receive a monthly account statement from us for your savings accounts, unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.
FINANCIAL INSTITUTION'S LIABILITY
Liability For failure to make transfer: If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
CONFIDENTIALITY
We will disclose information to third parties about your account or the transfers you make:
UNAUTHORIZED TRANSFER
(a) CONSUMER LIABILITY. Tell us AT ONCE if you believe your card and/or code has been lost or stolen. Contacting us 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 tell us within 2 business days, you can lose no more than $50 if someone used your card and/or code without your permission. (If you believe your card and/or code has been lost or stolen, and you tell us within 2 business days-after you learn of the loss or theft, you can lose no more than $50 if someone used your card and/or code without your permission.) If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 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. (b) CONTACT IN EVENT OF UNAUTHORIZED TRANSFER. If you believe your card and/or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this disclosure.
ERROR RESOLUTION NOTICE
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed in this disclosure, 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 contact us as soon as possible. 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; and, 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 ten (10) Business Days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we 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 your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
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. GATEWAY BANK & TRUST CUSTOMER SERVICE P. O. BOX 129 RINGGOLD, GA 30736 Business Days: Monday through Friday Excluding Federal Holidays Phone: (706) 965-5500 MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
ONLINE BANKING
I certify that I am at least 18 years of age, and that I have read, understand and agree to all terms, conditions and disclosures indicated and that I have truthfully and fully completed all items on my application.
I understand that the products I have applied for are offered by Gateway Bank & Trust whose main office is located in Ringgold, GA. Should my application be approved, the account I have indicated will be opened by the bank and will be governed by Georgia and applicable federal law.
My initial use of Gateway Bank & Trust's Internet banking product constitutes my acceptance and agreement to be bound by all of the terms and conditions of the agreement and acknowledges my receipt and understanding of this agreement. Gateway Bank & Trust has the right to modify or terminate this agreement at any time. We comply with any notice requirements under applicable law for such changes or termination. If we terminate this agreement, no future transfers or bill payments will be made, including but not limited to any payments or transfer scheduled in advance or any pre-authorized recurring payments or transfers.
I agree that Gateway Bank & Trust has the right to obtain a current consumer report in connection with this application, the renewal of my account or a change in my credit line; and the Bank has the right to report to others its credit experience with me.
PROHIBITED PAYMENTS
The following payment types are prohibited through the Service: 1. Tax payments. 2. Court ordered payments; and, 3. Payments to Payees outside of the United States.
EXCLUSIONS OF WARRANTIES
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENACE OF THE EQUIPMENT, SOFTWARE, AND /OR THE SERVICE.
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BILL PAYING AGREEMENT
As used in these Terms and Conditions (the "Agreement"), the term "Payee" means the person or entity to whom you wish a bill payment to be directed; "Payment Instruction" means the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and payment date); "Payment Account" means your checking account from which all bill payments will be made; "Business Day" means Monday through Friday, excluding Federal Reserve holidays; "Scheduled Payment Date" means the Business Day of your choice upon which your bill payment will be made and your Payment Account will be debited (a Scheduled Payment Date of a non-Business Day will be considered to be the previous Business Day); and, "Cutoff Time" means 1:00 a.m & 1:00 p.m. Eastern Time on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on the particular Business Day.
By providing the Service with the names and account information of those Payees to whom you wish direct payment, you authorize the Service to follow the Payment Instructions that it receives through the payment system. When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close to the Business Day designated by you as reasonably possible. While it is anticipated that most transactions will be processed four (4) Business Days before your selected Scheduled Payment Date, it is understood that due to circumstances beyond the control of the Service particularly delays in handling and posting payments by slow responding Payees or financial institutions, some transactions may take a day or even a few days longer to be credited by your Payee to your Payee Account. For this reason, it is necessary that all scheduled Payment Dates selected by you be no less than five (5) Business Days before the actual due date, not the late date and/or a date in the grace period. Payment Instructions entered after the Cutoff Time (1:00 a.m. & 1:00 p.m. EST) or on non-Business Days will be considered entered in the Service on the next Business Day. If you properly follow the procedures described herein and the Service fails to send a payment according to the Payment Instructions received, the Service will bear responsibility for late charges ($50.00 maximum). In any other event, including, but not limited to, choosing a Scheduled Payment Date less than five (5) Business Days before the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.
A bill payment is "In Process" starting at the Cutoff Time on the fourth (4th) Business Day prior to the Scheduled Payment Date and continuing up to the Scheduled Payment Date. A bill payment is a "Pending Payment" starting from the time you enter Payment Instructions until the payment is "In Process." A bill payment is considered "Completed" on the Business Day you selected as the Scheduled Payment Date. There is no charge for canceling or editing a Pending Payment. We may not have a reasonable opportunity to act on any stop payment or cancellation order given after a payment is in Progress and it is not possible to stop or cancel a payment, which is Completed. If you desire to cancel or stop any payment which is "In Process" you must call the Customer Service Department at (706) 965-5500. Although we will make every effort to accommodate your request we will have no liability for failing to do so. Stop payment requests sent to us via electronic mail or in any other manner will not reach us in time for us to act on your request. Stop payment requests will be accepted only if we have a reasonable opportunity to act on such requests. If you call, we may also require you to present your request in writing within TEN (10) days after you call. The charge for each stop payment order will be the then current charge for such service as set out in the applicable fee schedule.
PASSWORD AND SECURITY
You agree not to give or make available your bill payment password or other means to access your account to any unauthorized individuals. You are responsible for all bill payments you authorize using the Service. If you permit other persons to use the Service or your bill payment password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your bill payment password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify Gateway Bank & Trust at once by calling the Bank at (706) 965-5500 during normal customer service hours.
CHARGES
You will be charged a fixed fee per month for transactions up to the Service's standard monthly maximum. This fixed fee will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to charge your designated Payment Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet Service provider. * SEE Charges For Customer Requested Services and Other Items
IN THE EVENT A SERVICE TRANSACTION IS RETURNED
In using the Service, you are requesting the system to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are not sufficient funds in the Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from Gateway Bank & Trust. In such case, you agree that: 1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service. 2. For any amount not reimbursed to the Service within Fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed. 3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return; 4. You will reimburse the Service for any fees in attempting to collect the amount of the return from you; and, 5. The Service is authorized to Report the facts concerning the return to a credit reporting agency.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provided you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the programs, services and/or related material, which may render such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the programs, services and/or related material and limit access to the Service's more recent revisions and update.
ADDRESS OR BANKING CHANGES
You agree to promptly notify in writing Gateway Bank & Trust's Customer Service Department of any address change. Additionally, you agree to notify the Customer Service Department in writing at least ten (10) Business Days in advance of any change in your Payment Account, or your banking status.
TERMINATION OR DISCONTINUATION
In the event you wish to discontinue the Service, you must contact Gateway Bank & Trust's Customer Service Department in writing. Such notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuance date and must be sent to:
GATEWAY BANK & TRUST P. O. BOX 129 RINGGOLD, GA 30736
The Service may terminate service to you at any time and/or revoke your right to use software. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.
PAYEE LIMITATION
The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service is obligated to notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment under this agreement.
INFORMATION AUTHORIZATION
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree the that Service reserves the right to request a review or your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserve the right to obtain financial information regarding your account from a Payee or financial institution to resolve payment-posting problems.
DISPUTES
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter or this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.
ASSIGNMENT
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
NO WAIVER
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions.
CAPTIONS
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.
CHARGES FOR CUSTOMER REQUESTED SERVICES AND OTHER ITEMS
There is no fee for bank inquiries or transfers within Gateway Bank & Trust. There is no monthly fee for Internet bill payments.
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