FNBT.COM BANK

HOME DEPOSIT / BUSINESS DEPOSIT AGREEMENT AND DISCLOSURE STATEMENT

  

FNBT.COM BANK [hereinafter referred to as "the Bank"] has expanded its banking services to allow our customers [hereinafter referred to as "customer(s)"] to utilize the convenience and efficiency of Internet technology, including submitting deposit transactions via the bank’s website at www.fnbt.com. Customer understands that the terms, conditions, instructions and procedures set forth in this agreement in addition to those that apply to any other accounts that customer currently has with the Bank or any other services the customer obtains hereafter from the Bank.  In consideration of the mutual promises and covenants contained within this agreement and disclosure, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, FNBT Bank and customer hereby agree as follows:

  

1.        FNBT.COM BANK HOME DEPOSIT/ BUSINESS DEPOSIT:

  

Using the encrypted “Submit Home Deposit” link posted on the FNBT.COM BANK website, www.fnbt.com, a customer can submit a deposit via the Internet to their personal or business checking or savings account from a computer by scanning their deposit slip and check(s) in the specified format.

Prior to submitting a Home Deposit or Business Deposit, a customer will scan both the front and the back of their deposit slip and checks being presented for deposit and save these items in one of the following formats, JPG or PDF.

  

2.        DAILY HOME/BUSINESS DEPOSIT CUTOFF AND DEPOSIT CONFIRMATIONS:

  

Home/Business Deposits are subject to verification, authenticity, and FNBT.COM funds availability policy.  Home/Business Deposit cut-off time is 4:00 CT, Monday through Friday.  Home/Business Deposits initiated after 4:00 CT Monday through Friday, will be posted the following business day.  Home/Business Deposits initiated by the customer on a non-business day will be considered to have been initiated the following business day.  The customer agrees to destroy the original Home/Business Deposit item in an appropriate manner once the Home/Business Deposit has been processed by the bank and receipt of Home/Business Deposit Confirmation has been received.  The customer also agrees that they will NOT present or negotiate the original item or a duplicate image of the item for processing to FNBT.COM BANK or any other financial institution. The Bank reserves all rights to refuse any Home/Business Deposit for any reason and may request that the original item be presented to the bank for processing. 

  

3.        LIABILITY FOR FAILURE TO COMPLETE HOME DEPOSIT:

  

If the bank does not complete a Home Deposit on time or in the correct amount as per the customer’s request, the Bank will be liable only for the amount of that Home/Business Deposit and the Bank will not be liable for consequential or punitive damages or any other losses whatsoever that may be incurred by the Customer. If, and only if, the Bank willfully or intentionally neglects to complete a Home/Business Deposit as requested by the Customer, the Bank will reverse any fees or charges assessed by the Bank against the Customer’s account(s).  The bank assumes no liability for any Home/Business Deposit that it has refused to process.

  

4.        IN CASE OF ERRORS OR QUESTIONS ABOUT TRANSACTIONS COVERED BY THIS AGREEMENT:

  

If a customer needs more information about a Home/Business Deposit covered by this Agreement which is listed on the customer’s statement, the customer must call FNBT.COM BANK at (850)796-2000, or write to FNBT.COM BANK at P.O. Drawer 1327, Fort Walton Beach, Florida 32549-1327, or email FNBTMAIL@fnbt.com as soon as possible The Bank must hear from the customer no later than sixty (60) days after the Bank sent the first statement on which the problem or error appeared. Information to be included in that notification: Customer’s name and account number; description of the error, the Home/Business deposit the customer is unsure of; an explanation, as clearly as customer can relay, as to why customer believes that an error has occurred; and why the customer requires more information. Inform the Bank of the dollar amount of the suspected error. If the customer informs the Bank of the suspected error orally, the Bank shall require that the customer send the Bank the complaint or question in writing within ten (10) business days. The Bank will advise the customer of the results of the Bank’s investigation within ten (10) business days after the Bank receives the complaint or question and will correct any error promptly. If the Bank needs more time to investigate, the Bank may take up to forty-five (45) additional days to investigate customer’s complaint or question. If the transaction was not initiated in any state, territory or possession of the United States, the initial investigating period will be ninety (90) business days instead of forty-five (45) business days and twenty (20) business days instead of ten (10) business days for an extended investigation. If the Bank decides that there was no error, the Bank will send the customer a written explanation within three (3) business days after the investigation is finished. The customer may ask for copies of the documents the Bank used in its investigation.

  

5.        STATEMENTS:

  

Home/Business Deposits will be listed on the customer’s monthly statement that the Bank provides or makes accessible to its customer. If customer changes address, the customer agrees to notify the Bank within sixty (60) days.

  

6.        LAW THAT APPLIES:

  

Regardless of where customer lives or works or where customer accesses the Home/Business Deposit services, the Agreement is subject to the laws of the State of Florida and the Federal Law of the United States of America with, in either event, consideration of conflicts of law principles. If any of the terms of the Agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law.

   

7.        ATTORNEY’S FEES:

  

In the event any action is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party in addition to all sums that either party may be called on to pay, a reasonable sum for the successful party’s attorney fee.

  

8.        EXCUSABLE DELAY:

  

No party to this Agreement shall be liable to the other for any loss, cost or damages, arising out of, or resulting from, any failure to perform in accordance with the terms of this Agreement where such failure shall be beyond the reasonable control of such party, which, as employed herein, shall be deemed to mean, but will not be limited to, act of God, strikes, lockouts or other industrial disturbances, wars, whether declared or undeclared, blockages, insurrections, riots, government actions, explosions, fires, floods or any other cause not within the reasonable control of either party.

  

9.        AMENDMENTS:

  

The terms and conditions governing Home/Business Deposit, including costs and fees, if applicable, may be amended by FNBT.COM BANK at anytime upon twenty-one (21) days advance notice. A customer’s continued use of the service is their acceptance of any amendment(s) of the Agreement, including any instruction on the use of the service as may be amended from time to time. Customer agrees that any notices given by the Bank regarding the service will be sent to the customer at the Bank’s choice, via either electronic mail or standard mail and will be considered delivered at the time sent by the Bank. FNBT.COM BANK may not immediately respond to E-mail, so customers should not rely on E-mail alone to communicate with FNBT.COM BANK in case of emergency.

  

MEMBER FDIC ~ EQUAL HOUSING LENDER

Revised 2.22.2011