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Terms
& Conditions
The
Claxton Bank TCB Online
Internet Banking Agreement and Disclosure with Optional Bill
Payment
1. Initial access
2. Customer Liability
3. Using Customer Log-on and password
4. Hours of Accessibility and Business days
5. Fees and Charges
6. Internet Transfer of funds
7. Canceling the Service
8. Limitations on Bank Liability
9. Error Resolutions
10. Optional Bill Payment
11. Other Provisions
Thank
you for your interest in The Claxton Bank's Internet Banking
product. We appreciate your business and pledge to continue
providing the highest quality products and services to accommodate
our customers. Please review the following disclosure information
and click "I Accept" to begin the process of Banking Online.
To do so will activate the Contract, which follows. By your
activation, you agree to accept by electronic delivery this
agreement and disclosure. You further acknowledge receipt
of this agreement and disclosure and agree to be bound by
the terms and conditions herein.
The
Claxton Bank has expanded its banking services to utilize
the convenience and efficiency of Internet technology. You
("Customer") understand that the terms set forth are in addition
to those that apply to any other accounts that Customer has
with The Claxton Bank or any other service Customer thereafter
obtains from The Claxton Bank. Customer further understands
that any additional instructions and procedures applicable
to the services covered by this Agreement provided by The
Claxton Bank must also be followed.
Now,
therefore, in consideration of the mutual promises and covenants
contained herein, and for the other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
The Claxton Bank and Customer hereby agree as follows:
1.
Initial access
To
activate Customer's Internet Banking service, Customer must
have at least one active account with The Claxton Bank. To
access The Claxton Bank Internet Banking, Customer will initially
use a temporary Log on ID as established by The Claxton Bank.
Customer will enter a new Log on Access ID and password during
the first connection online with banking information.
The
Log-on ID must be nine (9) Characters.
The password criteria is as follows:
Minimum Password Length : 8
Maximum Password Length : 16
Number of Alpha Characters Required : 1
Number of Numeric Characters Required : 1
Passwords
are case sensitive and can be changed at any time by the account
holder through our Online Banking Service;
Customer
shall take all reasonable and necessary precautions online
to protect Access ID and password, such as not leaving the
computer unattended while online; not sending over any public
or general E-mail systems; and not giving or disclosing any
part of the ID or password to any other party. Customer understands
that anyone to whom Customer gives the password will have
full access to Customer's accounts. You should carefully select
a password that is hard to guess. (We suggest that you do
not use names, dates, and information that may easily be guessed.)
For security purposes, we recommend that you memorize the
password and do not write it down.
2.
Customer Liability
Customer
shall immediately notify The Claxton Bank in person or by
telephone at (912) 739-3322 if customer believes that his/her
ID, password, or other means of access may have been lost
or stolen, or that someone has transferred or may transfer
money from your account without your permission, or if you
suspect any fraudulent activity on your account.
The
Claxton Bank must receive written notice two (2) business
days after Customer learns of such adverse event. If notice
is timely given, Customer shall be responsible for no more
than $50.00 in losses resulting from unauthorized access.
If Customer fails to notify The Claxton Bank within 2 business
days after Customer learns of the loss or theft of Customer's
password, ID, or other means of access, Customer shall be
responsible for a maximum of $500.00 of losses resulting from
such unauthorized access. 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 period.
3.
Using Customer Log-on and password, Customer may use Internet
connection to:
·
Perform account inquiries on checking, money market, savings,
certificate, and loan accounts
·
View statement transaction detail on your accounts
·
Transfer of funds between The Claxton Bank deposit and/or
loan accounts
·
Download files to your financial management software
4.
Hours of Accessibility and Business days
Access
to the system is open 7 days a week, 24 hours a day. Only
minimal downtime is expected for maintenance, upgrades, and
processing; however, the System may be unavailable or slowed
from time to time due to factors beyond our control, such
as high internet traffic. Our business days are Monday through
Friday, excluding holidays.
5.
Fees and Charges
·
We do not charge for Internet Banking Features. Optional Bill
Payment is $4.95/month for the first 15 payments, each additional
payment is $0.43 each.
6.
Internet Transfer of funds
Customer
must maintain sufficient funds in accounts to cover any request
for transfers. If The Claxton Bank completes a payment transfer
that Customer makes or authorizes and The Claxton Bank subsequently
learns that Customer has insufficient funds for the transaction,
Customer agrees that The Claxton Bank may reverse the transaction
or offset the shortage with funds from any other account Customer
has with The Claxton Bank. In any case, Customer is fully
obligated to provide sufficient funds for any payments or
transfers Customer makes or authorizes.
Transfers
are final at the time The Claxton Bank receives Customer's
instructions. The Claxton Bank will make transferred funds
immediately available to the affected accounts. Your transfer
instructions must be received by the Bank no later than 4:30
P.M. on any Business Day ("the Cut-Off Time") in order for
the transaction to be completed on that Business Day.
Each
transfer initiated on a non-business day or legal bank holiday
will be considered initiated on the next ensuing business
day.
Transfers
can only be made between accounts for which you are an authorized
signer.
Limitations
on Transfers. If your account is a savings or money account,
transfers from the account are limited in accordance with
the deposit account agreement governing that account. In general,
transfers through Internet Banking will count towards a maximum
of six transfers allowed from the account in any statement
cycle. If you exceed these limits, we may convert your account
to a demand deposit account. Payments to your loan accounts
may not count towards these limits. These limitations on frequency
of transfers do not apply to transfers from a checking account.
Periodic
Statements.
·
You will get a monthly account statement from us for your
checking account(s).
·
You will get a monthly account statement from us for your
Savings account, unless there are no transfers in a particular
month. In any case, you will get a statement at least quarterly.
If you have a Checking account with us, you will get a monthly
account statement from us for your Checking accounts.
7.
Canceling the Service:
To
Cancel The Claxton Bank Internet Banking, Customer must contact
The Claxton Bank in writing or by E-mail to notify of Customer's
decision to cancel.
The
Claxton Bank reserves the right to cancel or suspend Customer's
service at any time without notice due to insufficient funds
or improper usage of the service. After cancellation, service
may be reinstated, at the sole discretion of The Claxton Bank,
upon Customer's request, provided that funds are available
to cover the cost of any fees or pending transfers.
The
Claxton Bank may cancel Customer's service at any time for
any account, which has not been accessed by Customer for a
period of six (6) consecutive months.
8.
Limitations on Bank Liability:
Liability
for failure to make transfers. 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.
(2)
If you have an overdraft line and the transfer would go over
the credit limit.
(3)
If the terminal or system was not working properly and you
knew about the breakdown when you started the transfer.
(4)
If circumstances beyond our control (such as fire or flood)
prevent the transfer, despite reasonable precautions that
we have taken.
(5)
If you have not completely and properly followed the terms
of the Agreement or instructions provided by the software
regarding how to make an electronic fund transfer.
(6)
If any date or instruction transmitted via our web site are
inaccurate or incomplete.
(7)
There may be other exceptions stated in our agreement with
you.
The
Claxton Bank shall not be responsible for the following incidents
or errors:
Access:
The Claxton Bank shall not be responsible for failure to provide
access or for interruptions in access due to system failure
or due to other unforeseen acts or circumstances.
Customer's
Computer Equipment or Software: The Claxton Bank shall not
be responsible for any errors or failures resulting from any
malfunction of Customer's computer or any computer virus or
other problems related to Customer's computer equipment used
in connection with the services described in this Agreement.
The Claxton Bank shall not be liable for any error, damages
or other losses Customer may suffer due to malfunction or
misapplication of any system used by Customer, including,
but not limited to, browsers (Microsoft Explorer, Netscape
Navigator, or otherwise), Internet service providers (ISP),
personal financial management or other software (such as Quicken
or Microsoft Money), or any equipment used (including telecommunications
facilities, computer hardware and modem) by Customer to access
or communicate under this agreement.
9.
Error Resolutions:
In
case of Errors or Questions About Your Electronic Transfers,
Call us at (912) 739-3322 or write to us at The Claxton Bank,
P.O. Box 247, Claxton, Ga. 30417, as soon as you can, if you
think your statement is wrong or if you need more information
about a transfer listed on the statement. We must hear from
you no later than 60 days after we sent the FIRST statement
on which the problem or error appeared.
(1)
Tell us your name and account number (if any).
(2)
Describe the error or the transfer you are unsure about, and
explain as clearly as you can why you believe it is an error
or why you need more information.
(3)
Tell us the dollar amount of the suspected error.
If
you tell us orally, we may require that you send us your complaint
or question in writing within 10 business days.
We
will determine whether an error occurred within 10 business
days (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, 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. An account is considered
a new account for 30 days after the first deposit is made,
if you are a new customer.
We
will tell you the results within three business days after
completing our investigation. If we decided 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.
10.
Optional Bill Payment
Through
The Claxton Bank's Online Banking Service you may subscribe
to the Online Bill Payment system.
TERMS
AND CONDITIONS OF THE BILL PAYMENT SERVICE / CHECKFREE
SERVICE
DEFINITIONS
"Service"
means the Bill Payment Service offered by your financial institution
- CheckFree
"Agreement"
means these Terms and Conditions of the bill payment and e-mail
payment service.
"Payee"
is the person or entity to which you wish a bill payment or
e-mail payment to be directed or is the person or entity from
which you receive electronic bills or e-mail payments, as
the case may be.
"Payment
Instruction" is the information provided by you to the Service
for a bill payment or e-mail payment to be made to the Payee
(such as, but not limited to, Payee name, Payee account number,
and Scheduled Payment Date).
"Payment
Account" is the checking account from which bill payments
or e-mail payments will be debited.
"Billing
Account" is the checking account from which all Service fees
will be automatically debited.
"Business
Day" is every Monday through Friday, excluding Federal Reserve
holidays.
"Scheduled
Payment Date" is the day you want your Payee to receive your
bill payment and is also the day your Payment Account will
be debited, unless the Scheduled Payment Date falls on a non-Business
Day in which case it will be considered to be the previous
Business Day.
"Due
Date" is the date reflected on your Payee statement for which
the payment is due. It is not the late date or grace period.
"Scheduled
Payment" is a payment that has been scheduled through the
Service but has not begun processing.
BILL
PAYMENT SCHEDULING
Transactions
begin processing four (4) Business Days prior to your Scheduled
Payment Date. Therefore, the application will not permit you
to select a Scheduled Payment Date less than four (4) Business
Days from the current date. When scheduling payments you must
select a Scheduled Payment Date that is no later than the
actual Due Date reflected on your Payee statement unless the
Due Date falls on a non-Business Day. If the actual Due Date
falls on a non-Business Day, you must select a Scheduled Payment
Date that is at least one (1) Business Day before the actual
Due Date. Scheduled Payment Dates should be prior to any late
date or grace period.
THE
SERVICE GUARANTEE
Due
to circumstances beyond the control of the Service, particularly
delays in handling and posting payments by Payees or financial
institutions, some transactions may take longer to be credited
to your account. The Service will bear responsibility for
any late payment related charges up to $50.00 should a payment
post after its Due Date as long as the payment was scheduled
in accordance with the guidelines described under "Bill Payment
Scheduling" in this Agreement.
PAYMENT
AUTHORIZATION AND PAYMENT REMITTANCE
By
providing the Service with names and account information of
Payees to whom you wish to direct payments, you authorize
the Service to follow the Payment Instructions that it receives
through the payment system. In order to process payments more
efficiently and effectively, the Service may edit or alter
payment data or data formats in accordance with Payee directives.
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 as reasonably
possible to the Scheduled Payment Date designated by you.
You also authorize the Service to credit your Payment Account
for payments returned to the Service by the United States
Postal Service or Payee, or payments remitted to you on behalf
of another authorized user of the Service.
The
Service will use its best efforts to make all your payments
properly. However, the Service shall incur no liability and
any Service Guarantee shall be void if the Service is unable
to complete any payments initiated by you because of the existence
of any one or more of the following circumstances:
If,
through no fault of the Service, your Payment Account does
not contain sufficient funds to complete the transaction or
the transaction would exceed the credit limit of your overdraft
account;
The
payment processing center is not working properly and you
know or have been advised by the Service about the malfunction
before you execute the transaction;
You
have not provided the Service with the correct Payment Account
information, or the correct name, address, phone number, or
account information for the Payee; and/or,
Circumstances
beyond control of the Service (such as, but not limited to,
fire, flood, or interference from an outside force) prevent
the proper execution of the transaction and the Service has
taken reasonable precautions to avoid those circumstances.
Provided
none of the foregoing exceptions are applicable, if the Service
causes an incorrect amount of funds to be removed from your
Payment Account or causes funds from your Payment Account
to be directed to a Payee which does not comply with your
Payment Instructions, the Service shall be responsible for
returning the improperly transferred funds to your Payment
Account, and for directing to the proper Payee any previously
misdirected transactions, and, if applicable, for any late
payment related charges.
E-MAIL
PAYMENTS
The
following applies to your use of the e-mail payment and request
for money functionality of the Service. This functionality
allows you to make payments from your Payment Account to any
other account enrolled in this Service. If you choose to utilize
this functionality you also agree to the following:
Information
provided to the Service - You agree to provide true and accurate
enrollment information to the Service, and to maintain and
promptly update your information as applicable. You agree
not to impersonate any person or use a name that you are not
authorized to use.
Activation
limitations - You must be at least eighteen (18) years of
age to enroll in the Service. You must be a resident of the
United States or its possessions, and use the Service for
individual purposes only, not on behalf of any business, corporation,
proprietorship or other entity. You must have a valid e-mail
address and access to the Internet. You must be a legal owner
of the Payment Account registered for the Service. We reserve
the right to limit the number of memberships you have with
the Service.
Transaction
limitations - You will be assigned a transactional limit,
a daily limit and a weekly limit at enrollment based on parameters
associated with your credit history. You agree to accept the
limits set by the Service. We reserve the right to limit the
amount you may have debited from or credited to your Payment
Account on any given day and/or week. Additionally, the Service
reserves the right to limit your use of this functionality
by imposing limits, hold times, or other measures should we
believe that suspicious activity has occurred or may occur.
You authorize the Service to check your credit history at
enrollment and to obtain follow-up credit reports on you.
Information obtained will be used by the Service to verify
information you provide to the Service and to set limits associated
with your use of the Service. The Service reserves the right
to verify any of the information you provide.
The
Service shall have the right to terminate your membership,
reject or reverse any transactions you initiate, and/or restrict
or condition your right to send or receive money at any time
and for any reason, including, but not limited to:
Excessive
use;
Using
the Service (directly or indirectly) for any unlawful purpose;
an/or
Tampering,
hacking, modifying or otherwise attempting to corrupt the
security or functionality of the Service.
Sending
and receiving payments - When the Service receives a Payment
Instruction, you authorize the Service to debit your Payment
Account and remit funds on your behalf to the Payee's account.
E-mail payments begin processing the Business Day the Payment
Instruction is submitted to the Service. Any e-mail payment
submitted on a non-Business Day will begin processing on the
next Business Day. The Service reserves the right to hold
funds beyond the standard distribution periods for any transactions
it deems necessary. The recipient's ability to access these
funds is at the sole discretion of the recipient's financial
institution and is not controlled by the Service. You acknowledge
that once money is delivered to the recipient, the transaction
is non-reversible and non-refundable to you. Credits to and
debits from your Payment Account are only processed on Business
Days. If we learn that you had insufficient funds in the Payment
Account from which you requested we send money, we will cancel
the payment. If we learn this after the money has been delivered
to the recipient, you will owe us and agree to promptly repay
the amount of the shortfall. We may apply funds awaiting receipt
by you against the amount you owe us. In addition, we may
not permit recipients of your outstanding payment requests
to receive the money, and we will not refund transaction fees
in these situations. With respect to any transaction, the
Service reserves the right to seek reimbursement from a recipient
if we receive any type of charge-back related to any Payment
Instructions. We may obtain such reimbursement by deducting
the charge-back amount from the recipient's account(s), reversing
any credit(s) to the recipient's Payment Account, or by seeking
such reimbursement from recipient by any other lawful means.
Non-Delivery
of e-mail payments - It is your sole responsibility to provide
the correct e-mail address(s) for an individual(s) to whom
we send money on your behalf. THE SERVICE IS NOT RESPONSIBLE
FOR PAYMENTS MADE TO UNINTENDED RECIPIENTS DUE TO THE INPUT
OF INCORRECT INFORMATION BY YOU, NOR SHALL THE SERVICE BE
RESPONSIBLE FOR VERIFICATION OF THE IDENTITY OF RECIPIENTS.
Accuracy
and dispute of e-mail payments - We are not responsible for
determining whether the amount of money being sent is correct
for any underlying transaction or is actually owed to the
recipient. Any dispute that may arise between you and the
recipient relating to a payment made or received, or any other
aspect of a transaction between you and the recipient, is
not the responsibility of the Service. We make no guarantees
regarding purchases paid for via the Service. You acknowledge
that the Service does not ensure the quality, safety or legality
of any merchandise received, nor that a seller will even ship
merchandise. You agree to hold the Service harmless for any
loss or expense you incur as a result of such purchases or
disputes.
Cancellation
of e-mail payment(s) - Once initiated, payments cannot be
cancelled. Once money is delivered to the recipient, the transaction
is non-reversible and non-refundable to you. However, you
may cancel an invitation to send money if it has not yet been
received by the recipient. After you initiate a payment, if
the recipient is not already enrolled in the Service, the
Service will periodically send reminder e-mails to you and
the recipient until the recipient has enrolled in the Service
and received the payment. If recipient has not enrolled in
the Service and received the payment forty-five (45) days
after initiation, the Service will cancel the payment.
PAYMENT
METHODS
The
Service reserves the right to select the method in which to
remit funds on your behalf to your Payee. These payment methods
may include, but may not be limited to, an electronic payment,
an electronic to check payment, or a laser draft payment.
PAYMENT
CANCELLATION REQUESTS
You
may cancel or edit any Scheduled Payment (including recurring
payments) by following the directions within the application.
There is no charge for canceling or editing a Scheduled Payment.
Once the Service has begun processing a payment it cannot
be cancelled or edited, therefore a stop payment request must
be submitted.
STOP
PAYMENT REQUESTS
The
Service's ability to process a stop payment request will depend
on the payment method and whether or not a check has cleared.
The Service may also not have a reasonable opportunity to
act on any stop payment request after a payment has been processed.
If you desire to stop any payment that has already been processed,
you must contact Customer Service. Although the Service will
make every effort to accommodate your request, the Service
will have no liability for failing to do so. The Service may
also require you to present your request in writing within
fourteen (14) days. The charge for each stop payment request
will be the current charge for such service as set out in
the applicable fee schedule.
PROHIBITED
PAYMENTS
Payments
to Payees outside of the United States or its territories
are prohibited through the Service.
EXCEPTION
PAYMENTS
Tax
payments and court ordered payments may be scheduled through
the Service; however, such payments are discouraged and must
be scheduled at your own risk. In no event shall the Service
be liable for any claims or damages resulting from your scheduling
of these types of payments. The Service Guarantee as it applies
to any late payment related charges is void when these types
of payments are scheduled and/or processed by the Service.
The Service has no obligation to research or resolve any claim
resulting from an exception payment. All research and resolution
for any misapplied, misposted or misdirected payments will
be the sole responsibility of you and not of the Service.
BILL
DELIVERY AND PRESENTMENT
This
feature is for the presentment of electronic bills only and
it is your sole responsibility to contact your Payees directly
if you do not receive your statements. In addition, if you
elect to activate one of the Service's electronic bill options,
you also agree to the following:
Information
provided to the Payee - The Service is unable to update or
change your personal information such as, but not limited
to, name, address, phone numbers and e-mail addresses, with
the electronic Payee. Any changes will need to be made by
contacting the Payee directly. Additionally it is your responsibility
to maintain all usernames and passwords for all electronic
Payee sites. You also agree not to use someone else's information
to gain unauthorized access to another person's bill.
Activation
- Upon activation of the electronic bill feature the Service
may notify the Payee of your request to receive electronic
billing information. The presentment of your first electronic
bill may vary from Payee to Payee and may take up to sixty
(60) days, depending on the billing cycle of each Payee. Additionally,
the ability to receive a paper copy of your statement(s) is
at the sole discretion of the Payee. While your electronic
bill feature is being activated it is your responsibility
to keep your accounts current. Each electronic Payee reserves
the right to accept or deny your request to receive electronic
bills.
Notification
- The Service will use its best efforts to present all of
your electronic bills promptly. In addition to notification
within the Service, the Service may send an e-mail notification
to the e-mail address listed for your account. It is your
sole responsibility to ensure that this information is accurate.
In the event you do not receive notification, it is your responsibility
to periodically logon to the Service and check on the delivery
of new electronic bills. The time for notification may vary
from Payee to Payee. You are responsible for ensuring timely
payment of all bills.
Cancellation
of electronic bill notification - The electronic Payee reserves
the right to cancel the presentment of electronic bills at
any time. You may cancel electronic bill presentment at any
time. The timeframe for cancellation of your electronic bill
presentment may vary from Payee to Payee. It may take up to
sixty (60) days, depending on the billing cycle of each Payee.
The Service will notify your electronic Payee(s) as to the
change in status of your account and it is your sole responsibility
to make arrangements for an alternative form of bill delivery.
The Service will not be responsible for presenting any electronic
bills that are already in process at the time of cancellation.
Non-Delivery
of electronic bill(s) - You agree to hold the Service harmless
should the Payee fail to deliver your statement(s). You are
responsible for ensuring timely payment of all bills. Copies
of previously delivered bills must be requested from the Payee
directly.
Accuracy
and dispute of electronic bill - The Service is not responsible
for the accuracy of your electronic bill(s). The Service is
only responsible for presenting the information we receive
from the Payee. Any discrepancies or disputes regarding the
accuracy of your electronic bill summary or detail must be
addressed with the Payee directly.
This
Agreement does not alter your liability or obligations that
currently exist between you and your Payees.
EXCLUSIONS
OF WARRANTIES
THE
SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
DISCLOSURE
OF ACCOUNT INFORMATION TO THIRD PARTIES
It
is our general policy to treat your account information as
confidential. However, we will disclose information to third
parties about your account or the transactions you make ONLY
in the following situations:
Where
it is necessary for completing transactions;
Where
it is necessary for activating additional services;
In
order to verify the existence and condition of your account
to a third party, such as a credit bureau or Payee;
To
a consumer reporting agency for research purposes only;
In
order to comply with a governmental agency or court orders;
or,
If
you give us your written permission.
SERVICE
FEES AND ADDITIONAL CHARGES
Any
applicable fees 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
deduct the calculated amount from your designated Billing
Account for these amounts and any additional charges that
may be incurred by you. Any financial 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.
FAILED
OR RETURNED TRANSACTIONS
In
using the Service, you are requesting the Service 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 insufficient
funds in your Payment Account to cover the transaction), the
transaction will not be completed. In some instances, you
will receive a return notice from the Service. In such case,
you agree that: 1. You will be charged a $25 fee for each
transaction that is returned. This charge does not include
fees that may be assisted by your financial institution. 2.
You will reimburse the Service immediately upon demand the
transaction amount that has been returned to the Service;
3. 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; 4. You will
reimburse the Service for any fees imposed by your financial
institution as a result of the return; 5. You will reimburse
the Service for any fees it incurs in attempting to collect
the amount of the return from you; and, 6. The Service is
authorized to report the facts concerning the return to any
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 provides 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 applications, services,
and/or related material, which may render all such prior versions
obsolete. Consequently, the Service reserves the right to
terminate this Agreement as to all such prior versions of
the applications, services, and/or related material and limit
access to only the Service's more recent revisions and updates.
In addition, as a part of the Service, you agree to receive
all legally required notifications via electronic means.
ADDRESS
OR BANKING CHANGES
It
is your sole responsibility to ensure that the contact information
in your user profile is current and accurate. This includes,
but is not limited to, name, address, phone numbers and email
addresses. Changes can be made by contacting your financial
institution. Any changes in your Payment Account should also
be made in accordance with the procedures outlined within
the application's Help files. All changes made are effective
immediately for scheduled and future payments paid from the
updated Payment Account information. The Service is not responsible
for any payment processing errors or fees incurred if you
do not provide accurate Payment Account or contact information.
SERVICE
TERMINATION, CANCELLATION, OR SUSPENSION
In
the event you wish to cancel the Service, you may have the
ability to do so through the product, or you may contact customer
service via one of the following:
Telephone
us during customer service hours; and/or
Write
us at your financial institution's address.
The
Service will complete any payment(s) the Service has already
processed before the requested cancellation date. All Scheduled
Payments including recurring payments will not be processed
once the Service is cancelled. The Service may terminate or
suspend Service to you at any time. Neither termination nor
suspension 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 will 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 or an exception payment under this Agreement.
RETURNED
PAYMENTS
In
using the Service, you understand that Payees and/or the United
States Postal Service may return payments to the Service for
various reasons such as, but not limited to, Payee's forwarding
address expired; Payee account number is not valid; Payee
is unable to locate account; or Payee account is paid in full.
The Service will use its best efforts to research and correct
the returned payment and return it to your Payee, or void
the payment and credit your Payment Account. You may receive
notification from the Service.
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 of 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. A waiver on any one occasion shall not be construed
as a bar or waiver of any 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. To the extent that the terms
of this Agreement conflict with applicable state or federal
law, such state or federal law shall replace such conflicting
terms only to the extent required by law. Unless expressly
stated otherwise, all other terms of this Agreement shall
remain in full force and effect.
THE
FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE 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 MAINTENANCE OF THE EQUIPMENT, SOFTWARE,
AND/OR THE SERVICE.
11.
Other Provisions
Electronic
Notice: By Customer's consent to this Agreement, Customer
consents that The Claxton Bank may send notices by electronic
mail (E-mail). Customer may use E-mail to contact The Claxton
Bank about inquiries, maintenance, and/or some problem resolution
issues. Customer understands that E-mail may not be a secure
method of communication. The Claxton Bank recommends that
no confidential, personal or financial information be sent
by E-mail. There may be times when you may need to speak with
someone immediately, especially to report a lost or stolen
PIN, or to stop a payment. In these cases, do not use E-mail.
Instead, call The Claxton Bank's office at (912) 739-3322.
The lobby is open Monday through Wednesday form 9:00 AM to
4:00 PM, Thursday 9:00 AM to 12:00 PM, Friday 9:00 AM till
6:00 PM.
Ownership
of Website: The content, information and offerings on our
website are owned by The Claxton Bank, and the unauthorized
use, reproduction, linking or distribution of any portions
are strictly prohibited.
Other
Sites: This site may contain links to other sites on the Internet.
These would be provided for your convenience. Links to another
site do not constitute The Claxton Bank's approval or endorsement
of that site or its products or advertisements.
Amendments:
From time to time, we may amend any part of this Agreement,
including our fee structure. We will provide you with advance
notice of changes in Fees and Charges, or if otherwise required
by law. In other cases, we may provide you with notice either
before or after the change.
Termination:
We reserve the right to terminate this Agreement and your
access to Internet Banking at any time with or without prior
notice.
Entire
Agreement: This Agreement sets forth the entire agreement
between the parties, and it shall supercede all prior understanding
or agreements between the parties, whether written or oral.
I
AGREE | I
DISAGREE
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