Spivey State Bank, A Division of Persons Banking Company
Important: Read Carefully Before Agreeing. This document obligates you in
certain ways, and explains your legal responsibilities when using Internet Banking.
Internet Banking Agreement
I hereby request that Spivey State Bank, A Division of Persons Banking Company (the "Bank") allow me to select an Access
ID and Password, to be used to gain access to my accounts via the Internet. I understand
and agree that, for security purposes, users will be required by the system to change
their Password's periodically.
I understand and agree that my Access ID and Password will be known only to me and
that they are CONFIDENTIAL, and should be safeguarded by me, and that all transactions
and other actions conducted using this Access ID and Password will be considered
to be authorized by me, and that I will be responsible for all such actions and
transactions conducted under the authority of this Access ID and Password, just
as though I had conducted the transaction personally in a paper medium. My Access
ID and Password should not be revealed to any unauthorized users, even Bank staff.
I agree to immediately notify the Bank if I become aware of 1) any loss or theft
of my Access ID or Password, 2) any unauthorized use of my Access ID or Password,
3) any error involving any transaction that I initiate using my Access ID or Password.
I understand and agree that this agreement is an addendum to the Deposit Account
Terms and Conditions, (and Home Equity Line Agreement, if applicable) which I have
previously agreed to, and is incorporated into those agreements by reference. This
agreement may modify those agreements in certain ways. I agree to use the Bank's
Internet Banking Services only in accordance with this agreement, and for legal
purposes, and that the Bank may amend or terminate this agreement upon notice to
me via electronic communications or otherwise. My continued use of the service beyond
the notice period will confirm my acceptance of the amendment.
I understand that data, including e-mail, electronic communications, and personal
financial data may be accessed by unauthorized users when communicated between me
and the Bank and that appropriate data security protocols are used to address this
possibility. I agree to use software provided by third parties that supports a data
security protocol compatible with the protocol used by the Bank. I agree to use
software that supports Secure Socket Layer (SSL) protocol accepted by the Bank,
and to follow the Bank's log on procedures for electronic services that support
such protocols. I acknowledge that the Bank is not responsible for notifying me
of any upgrades, fixes or enhancements to such software, or for any compromise of
data transmitted across computer networks or telecommunications facilities, including,
but not limited to, the Internet.
I agree to defend, indemnify and hold the Bank harmless from and against any and
all claims, losses, liability costs and expenses, (including, but not limited to
attorneys' fees), arising from my violation of this Agreement, state or federal
banking laws or regulations, or any third party's rights, including but not limited
to the infringement of any copyright, violation of any proprietary right and invasion
of any privacy rights. This obligation will survive the termination of this Agreement.
I understand and agree that the services made available via Internet Banking may
vary from time to time; that they are subject to the sole discretion of the Bank;
that the Bank may cancel this Agreement at any time at its sole discretion, for
any reason, including but not limited to my breach of this Agreement, or an unauthorized
use of my Access ID or Password; that the Bank will not be liable for any damages,
including without limitation, direct or indirect, special, incidental, or consequential
damages, losses or expenses arising in connection with my use of, or inability to
use, this service, or in connection with any failure of performance, error, omission,
interruption, defect, delay in operation or transmission, computer virus or line
or system failure, even if the Bank is advised of the possibility of such damages,
losses, or expenses; that no warranty of any kind, implied, express, or statutory
is given in conjunction with the providing of this service.
I understand and agree that the information provided is the property of the Bank
or other providers and may be protected by copyright. I agree not to reproduce,
retransmit, disseminate, sell, distribute, publish, broadcast, or commercially exploit
the information in any manner. I also agree not to use the information for any unlawful
purpose. I understand and agree that any e-mail or secure messages that I may send
to the Bank will become the property of the Bank and may be retained by them. I
will not use any electronic communications feature of the Bank for any purpose that
is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening.
I understand and agree that the Bank may charge a fee for certain services provided
under the terms of this agreement, after such fees have been properly disclosed
to me as required by law and regulation.
Consent to Receive Electronic Delivery of Consumer Disclosures
I understand and agree that Stop Payment Requests placed online under the authorization
of my Access ID and Password will be considered to be written stop payment orders
under Georgia law, just as though they bore my signature, and, upon acceptance by
the bank, will be valid for two (2) years unless renewed. I hereby authorize any
authorized signer on an account to release a Stop Payment Request that I may have
placed via the Internet Banking System. NOTE: You agree to receive and retain electronic
copies of all Stop Payment Requests that have been placed via the Internet Banking
System. You may receive paper copies of Stop Payment Requests that have been placed
via the Internet Banking System by visiting one of our banking offices. You may
retain information about these electronic Stop Payment Requests in your computer
system and/or print them from your computer system. The hardware and software requirements
to do this are listed below. You also may place a Stop Payment Request by visiting
one of our banking offices and using our paper based system.
I understand and agree that any disclosures that various banking laws and regulations
require the bank to provide or make available to me, concerning transactions in
the Internet Banking System, may be provided to me electronically, via the Internet.
NOTE: You agree to receive and retain electronic copies of disclosures for transactions
that you have initiated on the Internet Banking System. You may retain these electronic
disclosures in your computer system, and/or print them from your computer system.
The hardware and software requirements to do this are listed below. If you wish
to initiate a paper based transaction, or to receive a paper copy of an Internet
transaction, you must visit one of our banking offices.
There is no option to routinely receive paper copies of Internet Banking transactions.
If you wish to withdraw your consent to access and retain electronic disclosures,
you must close your Internet Banking account and conduct transactions using the
bank's paper based transaction system. To do this, please see a Personal Banker.
Hardware and software requirements for access to and retention of electronic disclosures:
Your Internet browser software must be configured to support Secure Socket Layer
(SSL) protocol, and 128-bit encryption. Your computer operating system software
must operate the following software: Internet Explorer Version 9.0 or higher,
Google Chrome 9.0 or higher, Firefox 3.5 or higher, Opera 10.0 or higher, Apple Safari 4.0
or higher, and Adobe Reader 9.0 or higher.
You must connect to the Internet with a minimum connection speed of 28.8kbs. If
you wish to retain copies of the disclosures electronically, your computer system
must be equipped with a hard disk drive, or a diskette drive, or some other type
of media to which your computer can save files. If you wish to retain printed copies
of the disclosures, your computer system must be connected to a printer.
When these requirements change, you will be provided with the revised hardware and
software requirements, and will have the right to withdraw your consent to receive
electronic disclosures, without the imposition of any penalty.
You should contact us electronically by selecting Contact Us on the web site, or by sending an e-mail to
email@example.com. E-mail should not be used to submit Stop
Payment Requests or to send any other confidential information, such as account
DISCLOSURES FOR ACCOUNTS SUBJECT TO PREAUTHORIZED
ELECTRONIC FUNDS TRANSFER SERVICES
Our Business Days are Monday through Friday.
(Holidays are not included)
DISCLOSURES OF ACCOUNT INFORMATION TO THIRD PARTIES
(a) Account Information Disclosure. We will only disclose information to
third parties about your account or the transfers you make;
- Where it is necessary for completing transfers; or
- In order to verify the existence and condition of your account
for a 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 your written permission.
RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS
(a) Preauthorized Credits — If you have arranged to have direct deposits
made to your account at least once every 60 days from the same person or company,
you can call us at 478-237-6619 to find out whether or not the deposit has been
(b) Periodic Statements — You will get a monthly account statement,
unless there are no transfers in a particular month. In any case you will get the
statement at least quarterly.
RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS, PROCEDURE FOR DOING SO, RIGHT TO
RECEIVE NOTICE OF VARYING AMOUNTS, AND FINANCIAL INSTITUTION'S LIABILITY FOR FAILURE
TO STOP PAYMENT
(a) 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:
You may place a Stop Payment Order on our web site (at www.spiveybank.com) by
logging into Personal or Business Internet Banking and selecting Stop Payment, and then follow the directions there. Or you may call us at (478) 237-6619,
or write us at Spivey State Bank, A Division of Persons Banking Company, 211 North Main St, Swainsboro, GA 30401. All of the
above actions must be taken in time for us to receive your request 3 business days
or more before the payment is scheduled to be made. If you call, we may also require
you to put your request in writing and get it to us within 14 days after you call.
(We will charge you $30.00 for each stop payment order you give.)
(b) Notice of varying amounts — If these regular payments may vary
in amount, the person you are going to pay will tell you, 10 days before each payment,
when it will be made and how much it will be. (You may choose 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.)
(c) Liability for failure to stop payment or preauthorized transfer —
if you order us to stop one of these payments 3 business days or more before the
transfer is scheduled, and we do not do so, we will be liable for your losses or
FINANCIAL INSTITUTION'S LIABILITY FOR FAILURE TO MAKE TRANSFERS
(a) 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
your 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 ours, you do not have enough money in
your account to make the transfer.
- If the transfer would go over the credit limit on your overdraft
- If circumstances beyond our control (such as fire or flood) prevent
the transfer, despite reasonable precautions that we have taken.
- There may be other exceptions stated in our agreement with you.
Tell us at once if you believe your Access ID or 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. If you believe your Access ID or Password has been
lost or stolen, and you tell us within 2 business days after you learn of the loss
or theft, you can lose no more than $50 if someone used your Access ID or Password
without your permission. Also, if you do NOT tell us within 2 business days after
you learn of the loss or theft of your Access ID or Password, and we can prove we
could have stopped someone from using your Access ID or 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 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.
Contact in the event of unauthorized transfer. If you believe your Access
ID or Password has been lost or stolen or that someone has transferred or may transfer
money from your account without your permission, call or write us at the telephone
number or address listed below.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
Telephone us at (478) 237-6619, or write us at 211 North Main St, Swainsboro, GA 30401,
or send us a SECURE MESSAGE using the Contact Us form from our web site (at www.spiveybank.com), 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 60 days after we sent the FIRST statement on which the problem
- Tell us your name and account number;
- Describe the error on 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
- 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 point-of-sale transaction or a foreign initiated
transfer) 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 business days if the transfer
involved a point-of-sale transaction 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 point-of-sale
transaction or a foreign initiated transfer) 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 10 business days, we may not credit your account. We will
tell you the results within three business days after completing our investigation.
If we decide that there was an error, we will send you a written explanation. You
may ask for copies of the documents that we used in our investigation.
You should print this page and retain it in your files.