Online Banking Agreement

This On-line 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 On-line Banking". Only accounts maintained with BankFlorida may be accessed by On-line Banking.

Introduction

This "BankFlorida" On-line Banking Access Agreement governs your use of "BankFlorida" On-line 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 On-line Banking Access Agreement. Your accessing any of your eligible accounts through "BankFlorida" On-line 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" On-line 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" On-line 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 4:30 p.m. on that business date. Transactions completed after 4:30 p.m. Eastern Time, USA, including transfers, will be processed on the following Business Day.
  • 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 insure 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" On-line Banking web site.

Internet Security Information

"BankFlorida" On-line 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" On-line Security statement. In addition to our login security, we use the SSL (secure socket layer) encryption technology for everything you do in "BankFlorida" On-line 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 account number 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" On-line 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 customerservice@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;
    • Secure e-mails to customer service;
    • 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" On-line Banking Service

The "BankFlorida" On-line Banking service is available to our personal and business account customers at no monthly charge for personal accounts and 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.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

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
12612 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
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 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" On-line Banking and alter both the payment amount and the payment date at any time prior to 5:30 p.m. You may also delete any single payment or recurring payment at any time prior to 5:30 p.m.

Or:

Call us at (352) 667-8426 or write us at "BankFlorida", 12612 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, if you place the stop payment on-line the charge of $20.00 will be imposed on the account.

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" On-line Banking web site.

Termination

You may terminate your use of On-line Banking at any time by calling us at (352) 667-8426, by visiting our branch, or writing to us at "BankFlorida", 12612 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 On-line 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 On-line 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 On-line banking bill payment for a period of 6 months, we may cancel your On-line Banking Bill Payment services.

No Signature Requirements

When any payment or other on-line 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" On-line Banking services. We shall update this On-line 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 On-line 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

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.