Online Banking Agreement

This Online Banking Access Agreement for accessing your accounts via "BankFlorida" Internet Banking explains the terms and conditions governing the following online services: banking, bill payment, and other banking services offered through "BankFlorida Online Banking". Only accounts maintained with BankFlorida may be accessed by Online Banking

Introduction

This "BankFlorida" Online Banking Access Agreement governs your use of "BankFlorida" Online Banking. Throughout this web site the Access Agreement will be referred to as "Agreement". You agree to receive this Agreement and Initial Disclosures electronically. After you have carefully read his Agreement, you will be asked to consent to all the terms and conditions of this Online Banking Access Agreement. You're accessing any of your eligible accounts through "BankFlorida" Online Banking acknowledges your receipt and understanding of this disclosure. We suggest that you print a copy of this Agreement for future reference.

  • You or Your — Refers to the individuals, corporations, partnerships, limited liability companies, and sole proprietorships subscribing to or using "BankFlorida" Online Banking.
  • We, Us, or Our — Refers to "BankFlorida" and any agent, independent contractor, designee, or assignee that "BankFlorida" may involve in the provision of "BankFlorida" Online Banking.
  • Business Day — Our Business Days are Monday through Friday. Federal holidays are not included. You may use this Service 24 hours a day, seven days a week, except during periods of maintenance. Bill payments are processed only on Business Days.
  • Business Day Cut-Off — For posting purposes, the bank will process all transactions completed by 7 p.m. on that business date. Transactions completed after 7 p.m. Eastern Time, USA, including transfers, will be processed on the following Business Day. Cut off time for Bill Pay is 3 P. M EST.
  • Consumer Accounts — Means a demand deposit or other asset account in the name of an individual held for personal, family, or household purposes.
  • Privacy Statement — Privacy Statement — "BankFlorida" understands how important privacy is to our customers. We have taken steps to ensure your security and privacy for your personal and financial dealings with the bank. Our customer privacy statement can be obtained by clicking on any "BankFlorida" Privacy Statement link or button throughout the "BankFlorida" Online Banking web site.

Internet Security Information

"BankFlorida" Online Banking is part of a network that utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. In-depth information on many of the techniques and features employed by the system can be viewed and are explained in our "BankFlorida" Online Security statement. In addition to our login security, we use the SSL (secure socket layer) encryption technology for everything you do in "BankFlorida" Online Banking system. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small icon of a padlock at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.


Login Security

Security is very important to "BankFlorida". When you login to the service for the first time, you will use your log in ID and the last four digits of your social security number (personal accounts) or taxpayer identification number (businesses). You will then be prompted to select a new "Password" that you will thereafter use to gain access to your accounts. Your session time limit is limited to 30 minutes, but to help prevent unauthorized access and ensure the security of your accounts, we will end your online session if we have detected no activity for 15 minutes. This is to protect you in case you accidentally leave your computer unattended after you log on. When you return to your computer, you will be prompted to re-enter your password, and your session will continue where you left off. Because your password is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a password that is hard to guess. Keep your password safe. Memorize your password and never tell it to anyone. You may consider changing your password occasionally, such as every 90 days. This can be done at any time, after you are logged in, from the "options" menu.

Balance Inquiries, Bill Payments, Bill Presentments, and Transfers

You may use "BankFlorida" Online Banking to check the balance of your accounts, transfer funds between your accounts, receive electronic monthly bills, and pay bills from your eligible accounts.


Balances in your accounts may differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments, or charges. If you have further questions, contact us at (352) 667-8426 or e-mail us at online@bankflorida.com


Special Information about E-Mail

Generally, requests received from the system will be processed within two business days using procedures that would handle similar requests received by mail or fax. If urgent action is required, we recommend that you contact "BankFlorida" directly by telephone at (352) 667-8426 between 8:00 a.m. and 5:00 p.m., Monday — Friday, or in person.

Transfer Types and Limitations

  1. Account Access — You may use the Service to:

    Transfer funds between eligible accounts (checking, savings) on a one-time or recurring basis;

    Obtain Account balances;

    Pay bills directly from your accounts(s) on a one-time, fixed, or variable recurring basis, in accordance with the terms of this Agreement to merchants and individuals in the U.S;

    Review transaction history;

    Receive bill presentments

    Receive images of checks;

    Print statements;

    Download account information to personal software program.

  2. Limitations on Frequency of Transfers — You may initiate an unlimited number of transfers between your eligible accounts subject to the limitations that apply to the maximum number of automatic or recurring withdrawals from savings account.

  3. Limitations on Dollar Amount of Transfers/Bill Payments — Each transfer between accounts and the maximum aggregate amount per day is unlimited. Bill payments will be paid from checking accounts only. Dual signature checking accounts will not be eligible for Bill Payment Service. Each bill payment and maximum aggregate amount per day is unlimited from an eligible account.


Fees for the "BankFlorida" Online Banking Service

The "BankFlorida" Online Banking service is available to our personal and business account customers at no monthly charge for personal accounts. See current schedule of fees disclosure for business accounts, for account information services, transfers between accounts, and unlimited bill payment.
 
Notice of Your Liability (Applicable to Consumer Accounts Only)
Tell us AT ONCE if you believe your Access ID and Password have been lost or stolen. 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 believe your Access ID and Password has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Access ID and Password without your permission.


If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Access ID and Password, and we can prove we could have stopped someone from using your Access ID and Password, 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 or made available through e-statements 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.


Contact in the Event of Unauthorized Transfer

If you believe your Access ID and Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:

(352) 667-8426

Or write:

BankFlorida

12534 Highway 301 South

Dade City, FL 33525

Bank Liability (Applicable to Consumer Accounts Only)

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:
  1. If, through no fault of ours, you do not have enough money in your account to make the transfer or payment.
  2. If the transfer or payment would go over the credit limit on your overdraft line, if applicable.
  3. If the Service or your personal computer or modem was not working properly, and you knew about the breakdown or malfunction when you started the transfer or payment.
  4. Circumstances beyond our control prevent the proper completion of the transaction, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, fire, flood, tornado, delay in the U.S. Mail or other uncontrollable circumstances such as power failure, the disconnecting or quality of your telephone line or internet service provider.
  5. Funds in your account are subject to legal process or other restrictions prohibiting the transfer.
  6. Other applicable laws and/or regulations exempt us from liability.
  7. There may be other exceptions stated in our agreement with you.

Error Resolution Notice

In Case of Errors or Questions about Your Electronic Transfers

  • Telephone us at (352) 667-8426

  • Or write to us at:

    BankFlorida

    12482 Highway 301 South

    Dade City, FL 33525

  • Or e-mail us at: Online@bankflorida.com


Contact "BankFlorida" as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

  1. Tell us your name and account number (if any).

  2. Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.

  3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have 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 ten (10) business days, we may not credit your account.

For errors involving new accounts, point-of-sale, debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) 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.

Documentation

Preauthorized credits — If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at (352) 667-8426 to find out whether or not the deposit has been made.

Periodic statements — You will get a monthly account statement from us for your checking accounts. The payee’s name, payment amount, and transaction date will be reflected for each payment made through the Service.


Other Provisions

There may be a delay between the time a deposit is made and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of the funds deposited at ATMs. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account balance below a required balance, or otherwise require us to increase our required reserve on the account.

Preauthorized Payments

The Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments.


Here's how:

Use your personal computer to access the "BankFlorida" Online Banking and alter both the payment amount and the payment date at any time prior to 5 p.m., 3 p.m. if processed via bill pay. You may also delete any single payment or recurring payment at any time prior to 5 p.m., 3 p.m. if proceeded via bill pay.


Or:

Call us at (352) 667-8426 or write us at "BankFlorida", 12482 Highway 301 South, Dade City, FL 33525, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may require you to put your request in writing and send it to us within fourteen (14) days after you call. We will charge $32.00 for each stop payment order you give.

Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for Failure to Stop Payment (Applicable to Consumer Accounts Only)

If you order us to stop one of these regular payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Confidentiality

We will disclose information to third parties about your account or the transfers you make:

  1. To complete transfers as necessary.

  2. To verify the existence and condition of your account upon the request of a third party, such as a credit bureau or merchant.

  3. To comply with government agency or court orders.

  4. If you give us your written permission.

For additional information on our sharing practices, please refer to our Privacy Statement by clicking on any "BankFlorida" Privacy Statement link or button throughout the "BankFlorida" Online Banking web site.


Termination

You may terminate your use of Online Banking at any time by calling us at (352) 667-8426, by visiting our branch, or writing to us at "BankFlorida", 12482 Highway 301 South, Dade City, FL 33525. You must notify us within ten (10) days prior to the date you wish to have your Service terminated. We may require you to put your request in writing. If you have a scheduled payment within this ten (10) day period, you are required to cancel those payments according to the instructions in the section titled "Preauthorized Payments". You will be responsible for payments with transaction dates during the ten (10) days following our receipt of your written notice of termination if you do not cancel those payments. We will notify you confirmation of your termination.

We may terminate your access to Online Banking, in whole or in part, at any time without notice, if you do not comply with the terms of this Agreement, or the agreements governing your Accounts, or if we believe that you have handled your Account(s) in a fraudulent manner. We may also terminate your access to Online Banking for any other reason by giving you twenty (20) days notice. Termination will not affect your liability under this Agreement for transactions that we have processed on your behalf. Inactivity, if you do not log onto Online banking bill payment for a period of 6 months, we may cancel your Online Banking Bill Payment services.


No Signature Requirements

When any payment or other online service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.


New Services

"BankFlorida" may, from time to time, introduce new "BankFlorida" Online Banking services. We shall update this Online Access Agreement to notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the terms contained in this Online Banking Access Agreement.


Virus Protection

"BankFlorida" is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their personal computer, compact discs and diskettes using a reliable virus product to detect and remove any viruses. Undetected viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.


Governing Law

This agreement and the account or service you are accessing via "BankFlorida" will be governed by and interpreted in accordance with the laws of the State of Florida.


Assignment

This agreement may not be assigned to any other party by you. We may assign or delegate, in part or whole, to any third party.


Amendments

The terms and conditions of this agreement may be amended in whole or part at any time within 30 days written notification prior to the change taking effect. If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. Amendments or changes to term(s) or condition(s) may be made without prior notice if they do not result in higher fees, more restrictive service use, or increased liability to you.


Entire Agreement

This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this agreement shall supersede.


 TERMS OF USE AND PRIVACY POLICY

The primary licensor for the online and/or mobile banking service you are using (the “Service”) is Jack Henry & Associates, Inc. (the "Provider"). By enrolling in our Service, you hereby agree as follows:

(i) General. The Provider is not the provider of any of the financial services available to you through the Service, and the Provider is not responsible for any of the materials, information, products or services made available to you through the Service.

(ii) Provider Privacy Policy. Provider may access personal information while you use the Service. Provider may access records held by your financial institution for such information as your phone number, home address or email address. Provider will use this contact information to alert you about Service-related events or actions that require your attention. If you grant permission to use phone information, Provider will use the phone number to pre-populate forms that expect a personal phone number for contacting. If you grant permission to use your device’s location, Provider will use the data when checking for nearby branch and ATM locations. If you grant permission to use access photos, media or other files stored on your device, Provider will use that information to add an image to a transaction and add a photo to your profile. If you grant permission to use a camera, Provider will use it when taking a picture to add an image to a transaction or to capture images of a check that is being deposited or to add a photo to your profile. In addition to this Provider Privacy Policy, your financial institution maintains a privacy policy covering the personal and financial information related to your use of the financial institution’s services and products, including such information that may be gathered through use of this Service, such as the “Account Information” and “Registration Information” described below. A copy of that privacy policy is available from your financial institution.

(iii) Source of Information. The Service, at your direction, will retrieve your information maintained online by financial institutions and billers with which you have customer relationships, maintain accounts or

engage in financial transactions and other log-in related information ("Account Information"). Provider does not review, verify or analyze the Account Information for accuracy or any other purpose, but simply gathers, organizes and reports available Account Information to you. Technical difficulties may result in a failure to obtain data, a loss of data, a loss of personalized settings or other service interruptions. Account Information is timely only to the extent that it is promptly provided by the third-party sites. Account Information may be more complete or up to date when obtained directly from the third-party sites.

(iv) Your Responsibility for Information. You are responsible for providing Provider with accurate and updated (as necessary) account numbers, user names, passwords and other log-in related information ("Registration Information") so that the Service is able to access Account Information. If you become aware of any unauthorized use of your Registration Information, you should notify your financial institution immediately.

(v) Rights You Grant to Provider. By submitting data, passwords, user names, PINs, log-in information, materials and other Registration Information to Provider through the Service, you are voluntarily supplying that content to Provider for the purpose of providing the Service to you. By submitting such information to Provider, you represent that you are entitled to submit it to Provider for use for this purpose, without any obligation by Provider to pay any fees. By using the Service, you expressly authorize Provider to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Add Accounts" feature of the Service, you will be directly connected to the website for the third party you have identified. Provider will submit information including user names and passwords that you provide to log you into the site. You hereby authorize and permit Provider to use and store the information submitted by you (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when Provider is accessing and retrieving Account Information from the third-party sites, Provider is acting on your behalf and not on behalf of the third party. You acknowledge that certain risks are inherent in the transmission of information over the internet, and you agree that by using the Service you are assuming those risks.

(vi) Consent to Use of Data. You agree that Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Service. Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide services or technologies.

(vii) Disclaimer of Warranty. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. YOUR USE OF THE SERVICE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


(viii) (viii) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF

AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, PROVIDER'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

(ix) Google Analytics. To assist Provider in maintaining and improving this application, Provider uses Google Analytics to gather information about usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use, and how they found the Service. Google Analytics does not track, collect or upload any data that personally identifies an individual (such as a name, email address, account number or billing information), or other data which can be reasonably linked to such information. The information helps Provider improve the performance of this Service for you. For more information on Google's use of the data, please see the website "How Google uses data when you use our partners' sites or apps" located at http://www.google.com/policies/privacy/partners/.

(x) Miscellaneous. This End User Agreement constitutes the entire agreement between you and Provider concerning the subject matter hereof. This End User Agreement will be governed by and construed in accordance with the laws of the state of Iowa, excluding that body of laws pertaining to conflict of laws. If any provision of that portion of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this End User Agreement are subject to the exclusive jurisdiction of the courts of Iowa and you expressly consent to jurisdiction and venue thereof and therein. This End User Agreement and all related documentation are and will be in the English language. The application of the United Nations

Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.