BARTOW COUNTY BANK ON-LINE BANKING AGREEMENT AND DISCLOSURE

This agreement states the terms and conditions that apply when you use Bartow County Bank's On-Line Banking, the Internet Banking product for Bartow County Bank.  The terms and conditions of this Agreement are in addition to those that apply to any accounts you have with us or any other services you obtain from us.  You must follow all of our instructions and procedures applicable to the services covered by this agreement.

The term "Bartow County Bank On-Line Banking" means our Service that allows you to transfer funds, access accounts, obtain information and perform other transactions over the Internet by use of a personal computer and modem and/or other means we authorize or allow.  Please read this entire Agreement prior to use of any of the Service.   By using the Service, you agree to comply with the terms and conditions of this Agreement.

"We", "us", "our" or "BCB" refers to Bartow County Bank, Cartersville, Georgia. "You" and "Your" mean each person who establishes an On-line Banking account with us or who uses or is authorized to your Bartow County Bank On-Line Banking ID or Personal Identification Number (PIN) or other means of access we establish or approve.

ACCOUNT AGREEMENTS

The terms and conditions in this Agreement are in addition to any deposit account agreements you have with BCB, including, but not limited to, your signature card, BCB Schedule of Fees, BCB Electronic Fund Transfer Disclosure, any loan agreement you have with BCB, and any change of terms and notices.

IDENTIFICATION NUMBER AND PASSWORD

To access our Service, you must use the Bartow County Bank On-Line Banking ID or other means of access we establish and together with a PIN of your choosing.  Anyone to whom you give your Bartow County Bank On-Line Banking ID or PIN or other means of access will have full access to your account(s) even if you attempt to limit that person's authority.

SECURITY

In order to maintain secure communications and reduce fraud, you agree to protect the security of your Bartow County Bank On-Line Banking ID and PIN, codes, marks, signs, public keys or other means of identification.  We reserve the right to block access to the Service to maintain the security of our site and its systems, if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person (s). It is your responsibility to change your PIN in intervals for further security protection.  We will not prompt you to do so.

Additionally, under no circumstances, will a BCB employee request your PIN or password via the On-line, e-mail or by any other means.  DO NOT respond to such a request, even if the individual claims to represent BCB and you should not send confidential information via the Internet or E-mail.

ACCOUNT OWNERSHIP

You may not designate any account that requires more than one signature for withdrawals.

An authorized signer of an account must execute the BCB On-line Banking Agreement form at any branch of BCB before Internet access is granted to your account(s) under this service : OR to apply on-line, simply complete the BCB On-Line Banking application AND  read and accept the On-Line Banking Agreement and Disclosure.  Once these have been received via e-mail, you will receive a reply containing your User Identification Number.

ON-LINE BANKING TRANSACTIONS

You, or someone you have authorized by giving them your Bartow County Bank On-Line Banking ID and PIN or other means of access (even if that person exceeds their authority), can instruct us to perform the following transactions:

• Make transfers between your qualifying accounts;
• Obtain information that we make available about your qualifying accounts; and
• Obtain other services or perform other transactions that we authorize.

BCB reserves the right to deny access to an account or to deny transactions under circumstances reasonably determined by BCB. 

LIMITS ON ON-LINE BANKING TRANSACTIONS

You must have enough available funds or credit in any account from which you or an authorized user instructs us to make a payment or transfer.  You should refer to the deposit agreements and signature cards for legal restrictions and service charges applicable for excessive withdrawals or transfers.  Transfers made using the Service are counted against the permissible number of transfers described in the Deposit Agreements.

OUR LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR TRANSFERS

We will make a reasonable effort to complete a payment or transfer on time and in the correct amount according to our account agreement with you.  Examples of situations in which BCB has no liability for completing payments or transfers include, but are not limited to, the following:

If, through no fault of ours, you do not have enough available funds or credit in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.

            If any payment or transfer would go over the credit limit of any account.

If your equipment or ours was not working properly and the breakdown should have been apparent when you attempted to conduct the transaction.

If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.

If you do not properly follow our instructions or if you provide us with incorrect or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.

If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.

If the funds in the account from which a payment or transfer is to be made are subject to legal process or other claim that restricts the transaction.

If circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite precautions that we have taken.

EQUIPMENT AND SOFTWARE

You are responsible for the installation, maintenance and operation of your computer and its software.  BCB is not responsible for any errors or failures from any malfunction of your computer or its software.  BCB is also not responsible for any computer virus or related problems that may be associated with the use of any on-line system including BCB's On-Line banking products.  BCB highly recommends the use of manufacturer endorsed virus detection software.

BUSINESS DAYS

Our Service is generally available 24 hours a day, 7 days a week, except during maintenance periods.  However, we only process transactions and update information on business days.  Our business days are Monday through Friday (9:00 a.m. - 4:00 p.m. E.S.T.).   Federal Bank holidays are not included.  Any banking transactions or payments made on a day that is not a business day or made after closing time on a business day will be treated as if they were made on the next BCB business day.

DOCUMENTATION

The Bank will not provide any receipt or documentation of any transfers other than the regular monthly statement associated with the banking account.  Any transfer will be accompanied with a corresponding confirmation number.  You should print this confirmation number and use it to verify the transfer on your monthly statement.

STATEMENTS

Your On-line Banking payments and transfers will be indicated on your monthly or quarterly statements we provide or make accessible to you for your accounts.  You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement, or statement information.

ELECTRONIC MAIL (E-Mail)

If you send BCB an e-mail message, it is agreed that BCB will have received the e-mail message on the following business day.  BCB will respond to your e-mail within a reasonable length of time.

DO NOT rely on e-mail to communicate messages that require immediate attention.  This includes notifying BCB of unauthorized use of your PIN.

You agree to allow BCB to communicate with you via e-mail pertaining to any matter relating to BCB on-line banking. This includes a response to your notification to BCB regarding unauthorized use of your Bartow County Bank On-Line Banking ID and PIN.  E-mail will be considered received by you after 3 days from the date BCB sent the e-mail to you regardless of whether you sign on or use your Internet Service during that period.

YOUR LIABILITY

You are liable for all transactions that you or anyone that you authorize performs, even if the person you authorize exceeds their authority.  If you have given someone your On-line Banking ID and password or other means of access and want to terminate that person's authority, you must change your password or other means of access or take additional steps to prevent further access by such person.

If you notify BCB within two (2) business days of an unauthorized payment, you can lose no more than $50.00.  If you do not tell us within (2) business days after you learn of the loss or theft of your PIN or account number(s), and we can prove we could have stopped someone from using your PIN or account number(s) without your permission if you had notified us, then you could lose as much as $500.00.

Also, should your statement show bank transactions or payments that you did not make or authorize, please tell us immediately.  If you do not tell us within 60 days after the statement was mailed, you may not get back any of the money you lost if we can show that we could have stopped the unauthorized banking transaction(s) or payment(s) if you had notified us in time.

You agree to assist BCB in its efforts to recover any funds that were transferred or paid without your permission or consent.

ERRORS OR QUESTIONS

In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below, 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 not 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 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 by sending correspondence to:

BARTOW COUNTY BANK
ATTN:  BOOKKEEPING
P.O. BOX 1030
CARTERSVILLE, GEORGIA   30120-1030

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

We will disclose information to third parties about your account, the banking transactions(s) or the payment(s) you make only in the following situations:

· Where it is necessary for completing banking transactions or bill payments;

· In order to verify the existence and condition of your account(s) to a third party, such as a credit bureau;

· In order to comply with laws, government agency rules or orders, or officials having legal authority to request such information;

· If you instruct us to do so.

UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR ON-LINE BANKING ID NUMBER OR PASSWORD

If you believe your Bartow County Bank On-Line Banking ID, PIN or other means of access have been lost or stolen or that someone has used them without your authorization, call us immediately at (770) 382-4223 or write us at 301 E. Church Street, Post Office Box 1030, Cartersville, GA 30120 -1030.  Calling us may limit your liability and possibly avoid any further loss or theft.

JOINT ACCOUNTS

The provisions of this "Joint Accounts" section apply if your account(s) subject to the Service with us  are joint.  Each of you is jointly and severally (individually) obligated under the terms of this agreement as well as the original account agreement(s) governing your joint accounts.  Each of you acting alone may perform transactions, obtain information, terminate this agreement or otherwise transact business, take actions or perform under this agreement.  We are not required to obtain the consent of, or notify either of you of actions taken by the other. However, each of you will only be permitted to access accounts for which you are an owner or authorized user. Each of you individually releases us from any liability and agrees not to make any claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your BCB On-Line banking accounts.  Each of you agrees to indemnify us and hold us harmless from and against any and all liability (including, but not limited to, reasonable attorney fees) arising from any such claims or actions.

FEES

 You agree to pay all fees applicable to the Service.  These fees are listed in our schedule of fees and are subject to change from time to time.  Without limiting the generality of the foregoing, you agree that we may impose a fee for research requested by you.  You authorize us to deduct all fees from your primary service account or, to the extent your primary service account lacks sufficient funds, from any of your other accounts maintained with us.  You also acknowledge that these fees are in addition to any costs you incur for the telephone service or Internet service provider you use to access the Service.  In addition, our On-Line Banking product and Online Bill Pay service is free for all personal accounts. Business Cash Management users may be charged at the following rates:

$5.95 per month for the first 20 bills paid, .50 cents per bill paid thereafter.

NEW SERVICES

BCB may, from time to time, offer and introduce new On-line products and services.  BCB will notify you of these new services and products.  By using these services when they become available, you agree to be bound by the rules that have been communicated to you concerning these services.

TERMINATION OF ACCOUNT ACCESS

If, at any time, you do not comply with the terms of this Agreement and the agreement that governs your deposit accounts that you can access through this Service, BCB can terminate your access to those accounts. 

Your account can be terminated for non-payment of fees (if applicable) or if your accounts are not properly maintained with BCB.

WAIVER

BCB may waive any term or condition of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or condition in the future.

GOVERNING LAW

The laws of the State of Georgia, including the applicable provision of the Uniform Commercial Code and all applicable federal laws govern this Agreement and Bartow County Bank On-line Banking Service.

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