INTERNET BANKING AGREEMENT AND ELECTRONIC FUNDS TRANSFER DISCLOSURE
General Information
This agreement and disclosure explains the rules and regulations that govern your Internet transactions with First Community Bank of America. Also contained in this disclosure is the information we are required by federal regulation to provide you about Electronic Funds Transfers and Internet Banking. Throughout this disclosure, the words "we," "our" and "us" refer to First Community Bank of America, and the words "you" and "your" mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. All parties to this agreement, including anyone you authorize to access your accounts through our Internet Banking systems, agree to comply with the rules, regulations and operating policies that apply to our electronic banking services. The rules and regulations that govern the accounts that you elect to make eligible for access by these services will remain in effect. Whenever you use our services or permit any other party to use our services, you are agreeing to the terms and conditions as stated in this agreement and any amendments we may make to this agreement from time to time. You will be informed of any amendments we make to this agreement thirty (30) days prior to their taking affect unless those changes are required by law to be made sooner. After a thorough review of the information contained in this agreement, you should make a copy for your records.
Internet Banking Transactions
Our Internet Banking service will allow you to perform the following transactions on your eligible accounts after you have logged on to the system using your Access ID and your personal password:
- Obtain account balances
- Review account history of previous transactions
- Transfer funds between your First Community Bank accounts
- Make payments to your loan accounts with First Community Bank
- Pay Bills
Bill Payment Service
Through First Community Bank's Internet Banking system, you may subscribe to our optional Bill Payment system. The Bill Payment system allows you to schedule payments through Internet Banking for current, future and recurring bills from your checking account.
Restrictions - We will not permit the use of a Money Market Account as a Bill Payment account, because Federal regulations require us to limit either by contract or in practice the number of certain types of transfers from Money Market deposit accounts.
Accounts that require two (2) signatures for withdrawal purposes will be unable to access the Internet Banking Bill Payment system.
Eligibility - We will only accept requests for payments to third parties that have United States mailing addresses. We reserve the right to reject payment requests to certain parties at our sole discretion. You should avoid the use of the Bill Payment system for making payments for such time critical transactions as securities purchases. Court ordered or tax payments are prohibited. You are responsible for maintaining accurate payee information and schedules for your bill payment account. We reserve the right to cancel your access to the Bill Payment service after ninety (90) days of inactivity.
Procedures - By furnishing us with the names of your payees (merchants and/or individuals) and their addresses, you give us authorization to follow the payment instructions, which you provide to us via our Internet Banking system for these payees. When we receive a payment instruction for the current date or a future date, we will remit the funds to the payee on your behalf from the funds in your selected account; on the day you have instructed them to be sent (Payment Date). We are not obligated to pay funds from your account(s) if the account balance is insufficient to cover the payment, unless your account has overdraft protection in an amount sufficient to cover the payment. Funds for all bill payments, whether paid electronically or by check, will be withdrawn on the day the payment is scheduled to be sent to the payee.
Canceling Payments - Using the Bill Payment service, a payment can be cancelled by selecting the payment to be cancelled, and clicking on Delete. Payments can only be cancelled if they have not started processing. If the payment has started processing, or if the status is Paid, call the biller's customer service.
Stop Payments - You have the right to stop or change any scheduled payment. You must cancel the payment no later than 4:00 p.m. EST of the day prior to the Payment Date by calling a First Community Bank Internet Banking Representative at one of our locations. We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to processing the payment. Once processing of the payment has begun, you can no longer stop payment.
Scheduling Payments - Payments made through the Bill Payment system require sufficient time for the payee to credit your account properly. To avoid incurring a finance charge or other charge, you must schedule a payment sufficiently in advance of the due date of your payment. In the event that the payee for your scheduled payment does not accept payments via the electronic system, your payment will be made by mailing a paper check. Paper payment requires a longer delivery time. Payments should be made seven (7) business days prior to the due date.
Liability - First Community Bank of America and its agents will make every effort to process your payments in a timely and accurate manner. We will not be responsible for problems that may develop as a result of your failure to maintain sufficient funds in your account. You are also responsible for any incorrect information provided by you or errors you may have made in setting up your payments. You are responsible for the full amount of any bills paid on your behalf and any related late charges and insufficient funds charges that are the result of your error. Failure to resolve such issues will result in the termination of your service.
Account Limitations
You may make unlimited transfers from Regular Checking Accounts. Transfers from a Money Market or Savings Account to another account or to third parties by preauthorized, automatic, or telephone transfer (includes Internet Banking transactions) are limited to six per statement cycle with no more than three by check or similar order to third parties. Exceeding these limits may result in a $2.00 fee per item, and may also result in the closing of the account.
Other Fees and Charges
There is no charge for the use of our Internet Banking or Bill Payment system (subject to change). You are responsible for fees charged by those companies you use for your Internet and telephone services. Activity fees that normally apply to your account(s) or other charges such as return item fees or stop payments will remain in effect. We will deduct any additional charges assessed by our Bill Payment agent from your account.
Stop Payments
The Stop Payment feature of the Internet Banking system is an alternate entry system for issuing stop payment orders between you and us. When you elect to execute stop payment requests through the Internet Banking system, you agree to indemnify and hold us harmless for all costs, expenses or damages which we may incur or suffer in connection with or arising from refusing payment thereof, or efforts to stop payment thereof, and further agree that we will not be held liable on account of payment thereof contrary to such request if such payment occurs through inadvertence, oversight, mistake or accident, or if by reason of such payment, other items drawn by you are returned because of insufficient funds. In complying with the stop payment request, our duty will extend only to the exercise of good faith and ordinary care.
Prior to requesting a Stop Payment, it is your responsibility to first verify that the item has not already been posted to your account. If a stopped item has already been paid prior to our entry of the request, then we will not be liable for any loss incurred by you arising from the event.
You further agree that we will be obligated to honor the stop payment order only if received at such time and in such manner to afford us a reasonable opportunity to act on said order. If an immediate response is required, you should execute the stop payment request by speaking to our personnel by phone or in person.
The charge for each stop payment request will be the current charge for such service as set forth in the applicable fee schedule.
We will accept stop payment requests received through the Internet Banking system in lieu of our standard written request, and you acknowledge that any such request is binding upon you as if it were presented in writing.
Statements and Notices
Transactions you make through our Internet Banking or Bill Payments services will appear in detail on your regular monthly statements. Statements and Notices will be mailed to the current address on file. You must notify us in writing if you change your name or address.
Your Liability for Unauthorized Electronic Transfers
Tell us at once if you believe your password has 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 tell us within two (2) business days, you can lose no more than $50.00 (applys to consumer accounts only) if someone used your 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 password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money, if you had told us in time. If a good reason, such as a long trip or a hospital stay, kept you from telling us, we will extend the time periods.
If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without permission, call us immediately at (727) 520-8837, (813) 470-7470, (352) 518-2060 or (941) 627-8550. You may write to First Community Bank of America, P.O. Box 20559, St. Petersburg, Florida 33742.
Business Days/Hours
For the purpose of this Disclosure, our business days are Monday through Friday. Holidays, Saturdays and Sundays are not included. Our regular business hours are 9:00 a.m. to 4 p.m.
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, if:
- Through no fault of our own, you do not have enough money in your account to make the transfer.
- You have an overdraft line and the transfer would go over the credit limit.
- The system was not working properly and you knew about the breakdown before you started the transfer.
- Circumstances beyond our control (such as fire or flood) prevent the transfer from taking place despite reasonable precautions that we have taken.
- You attempt transfer on accounts not authorized on your Internet Banking Application form.
- The transfer could not be completed due to your mistake.
- The funds in your account(s) are not available.
- The funds in your account(s) are subject to legal process, lien, or other encumbrances restricting transfers.
- Your password has been reported lost or stolen.
- We have good reason to believe the transfer request is unauthorized.
- An account holder is deceased.
- Federal, State or local law prevented us from completing the transfer.
There may be other exceptions provided by applicable law, or in the agreements, disclosures and instructions governing your account(s) provided by us, as amended or modified from time to time.
In Case of Error or Questions about Your Electronic Transactions
As soon as you can, telephone or write us at the telephone numbers or address listed under How to Contact Us if you think your statement or transaction record is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appears. You must:
- Tell us your name and account number(s).
- Describe the error or 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.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or questions in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days (twenty (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 forty-five (45) days (ninety (90) days if the transfer involved a new account) to investigate your complaint or questions. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days if the transfer involved a new account) 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 you do not put your complaint or question in writing and/or we do not receive it within ten (10) business days, we may not credit your account. Your account is considered a new account for the first thirty (30) days after the first deposit is made, unless each of you already has an established account with us before this account is opened. If we decide that there was not an error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
Disclosure of Information to Third Parties
We will disclose information to third parties about your account(s) or the transfers that you make:
- Where it is necessary for completing transfer, or
- In order to verity the existence and condition of your account for third party, such as a credit bureau or merchant, or
- In order to comply with government agency or court orders, or
- If you give us written permission, or
- As explained in our Privacy Policy.
Amendment/Cancellation
You may cancel the Internet Banking or Bill Payment services at any time by notifying us in writing. We reserve the right to change terms or revoke this agreement at any time. If we do so, we will provide you with written notice at least thirty (30) days in advance. If we find it necessary to cancel this agreement for security reasons or because of your abuse of this service, we will not provide you with written notice in advance.
Legal Notices
First Community Bank of America believes the information contained in its Web Site and related links to services such as Internet Banking and Bill Payment is correct and accurate. We will make every reasonable effort to maintain these systems in accordance with industry standards. We do not represent, warrant or guarantee the accuracy, effectiveness or completeness of the information and systems provided on this site. Any link provided from this site to another site does not imply endorsement of any products or services offered through that site. First Community Bank of America will not be liable for any damages or losses that may develop from the failure of its systems or those of its approved agents. We will not be responsible for losses or damages that may develop through your use of Internet services such as computer viruses, equipment failure or problems with any software you use to access these services. We do not provide technical support or operating assistance for software not provided by us.
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