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Agreement for F&M Access Online Banking
With F&M Access, F&M Bank's Internet banking service, you can access your account information, transfer funds internally anytime at no charge and pay bills anytime with a small monthly fee. This is just another way F&M provides our customers with a more efficient way to do their banking. You can visit our F&M Access banking demo to see how this service works. If you have questions, you can refer to Frequently Asked Questions (FAQ), e-mail us through our web site (www.fmbnc.com) at Contact Us or call the Online Banking Department at 704.279.7291 Monday through Friday from 9:00 a.m. to 5:00 p.m.
Unauthorized attempts to access this system may result in criminal prosecution and/or civil liability. Any information obtained from the monitoring activity within F&M Access may be used to investigate and prosecute possible criminal activity.
Service Agreement
This Agreement describes your rights and obligations as a user of F&M Access Online Banking. It also describes the rights and obligations of F&M Bank. Please read this Agreement carefully. By requesting and using F&M Access, you agree to comply with the terms and conditions of this Agreement and agree to pay any and all fees associated with selected services.
Definitions
The following definitions apply in this Agreement: F&M Access is the Internet-based service providing access to your F&M Access account(s). Services refers to F&M Access and/or Bill Pay within this Agreement. F&M Access Accounts(s) refers to any F&M account(s) from which you will be conducting transactions using the Services. Time-of-day references are to Eastern Standard Time or Eastern Daylight Savings Time, as applicable. We, Us, our or F&M refers to F&M Bank which offers the service and which holds the account(s) accessed by the Service. Business Days are Monday through Friday, excluding holidays, and begin at 9:00 a.m.
Access to Services
You will gain access to your F&M Access Account(s) and/or through the use of your Internet-enabled device, your Internet service provider (ISP), your User ID and your password.
Your Personal Password
You agree not to allow anyone to gain access to the Services or let anyone know your password used with the Services. You agree to assume responsibility for all transactions initiated through the Service with your User ID and password, up to the limits allowed by applicable law.
Lost or Stolen User ID or Password
If your User ID and password have been lost or stolen, call the Online Banking Department immediately at 704.279.7291 or 1.877.650.3635 Monday through Friday 9:00 a.m. to 5:00 p.m. Telephoning F&M is the best way of minimizing your loss. If you believe your User ID and password have been lost or stolen and you tell us within two Business Days after you learn of the loss or theft, you can lose no more than $50 if someone uses your User ID and password without your permission. If you do NOT tell us within two Business Days after you learn of the loss or theft of your User ID and password, and we can prove we could have stopped someone from using your User ID and password without your permission if you had told us, you could lose as much as $500.
Transfers on Your Statement That You Did Not Make
If your statement shows transfers that you did not make, notify the Online Banking Department immediately by calling 704.279.7291 or 1.877.650.3635, Monday through Friday 9:00 a.m. to 5:00 p.m. or by writing F&M Access, c/o F&M Bank, PO Box 307, Granite Quarry, NC 28072. If you do not notify F&M Bank within 60 days after the statement was mailed to you, you may not recover any money lost after the 60 days which would not have been lost if F&M had been notified in time. If a good reason (such as an extended trip or hospital stay) delayed you from contacting F&M, we may extend the time period. Notifications may require written proof of the individual circumstances.
Banking Transactions with F&M Access
In addition to viewing account information, you may use F&M Access to conduct the following transactions: Transfers conducted before 5:00 p.m. on a Business Day will be processed and completed the same evening. Transfers conducted after 5:00 p.m. on a Business Day or transfers conducted on a Non-Business Day will be processed and completed the next Business Day. NOTE: Because regulations require F&M to limit preauthorized transfers (including F&M Access transfers from certain types of accounts), the following limitations apply:
- Statement Savings Account - You can make no more than three (3) transfers per statement period by preauthorized or automatic transfer, by telephone or F&M Access;
- Money Market Savings Account - You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer, by telephone or F&M Access and no more than three (3) of the six (6) permitted transfers may be by check, draft or debit card.
If you select to participate in the Bill Pay function of F&M Access, you are able to make payments to third parties electronically or by check. If payments are made before 1:00 p.m. the funds are debited from your account that same day, after 1:00 p.m. the funds are debited the next day.
NOTE: If the payment is made electronically, allow three (days) for processing. If a check is issued to make your payment, please allow a minimum of ten (10) days for processing and mail delivery to the third party.
Stop Payments
Stop payments may be handled through F&M Access. To stop payment on a check you have written on any of your Access accounts, go the the stop payment screen and follow the instructions. The stop payment performed online will be in effect on the business day following the day on which the request was made. The order will remain in effect for fourteen (14) days unless a signed order is received. A signed stop payment order is in effect for six months unless renewed or canceled by you. Please print the Stop Payment page, sign and date it and deliver or mail it to one of our branch locations.
Electronic Mail
If you send F&M an electronic mail message, F&M will be deemed to have received it on the following Business Day. F&M will have a reasonable time to act on your e-mail. You should NOT rely on electronic mail if you need to communicate with F&M immediately. For example, if you need to report the theft of your User ID and password or an unauthorized transaction from one of your accounts, call 704.279.7291 or 1.877.650.3635. Please remember that e-mail is not a secure environment such as F&M Access, so please do not include any sensitive information in your e-mail (i.e. account numbers, passwords or Social Security numbers). You agree that F&M may respond to you by electronic mail with regard to any matter related to the Services, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by F&M shall be considered to have been received within three business days of the date sent by F&M, even if you don't sign onto the Services within that timeframe.
Other Agreements
In addition to this agreement, you and F&M agree to be bound by and comply with the requirements of the agreements applicable to each of your F&M Access Accounts. Your use of the F&M Access service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received when you open your accounts at F&M, including the charges that may be imposed for Bill Pay Services, electronic fund transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct the fees related to this Service from your account each month.New services may be introduced for F&M Access from time to time. F&M will notify you of these new services as they become available. By using these services, you agree to be bound by the rules, which will be made available to you concerning these services.
Hours of Operation
The Services are available 24 hours a day, seven days a week, except during special maintenance and production periods. For purposes of transactions, F&M's Business Days are Monday through Friday, excluding holidays. All F&M Access transaction requests received after 5 p.m. on Business Days and all transactions which are requested on Saturdays, Sundays or legal banking holidays on which F&M chooses to remain closed will be processed on the evening of the next F&M Business Day. F&M's Business Day begins at 9:00 a.m. Once a transfer is made between accounts, the posting will appear in "Available Balance" not in "Current Balance". "Current Balance" will not be updated with the day's posting until the next Business Day.If you elect to participate in the Bill Pay function of F&M Access, you are able to make payments to third parties electronically or by check 365/24/7. If you issue instructions for payments to be made before 1:00 p.m. the funds are debited from your account that same day or the first Business Day following the order; after 1:00 p.m. the funds are debited the next Business Day.
NOTE: If the payment is made electronically, allow three (days) for processing. If a check is issued to make your payment, please allow a minimum of ten (10) days for processing and mail delivery to the third party.
Modifications - Notices - Termination
F&M may modify, amend or revise (collectively "revise") this Agreement and/or the terms and conditions with regard to any Service at its discretion; and the revised Agreement and/or terms and conditions shall be effective on the date determined by F&M or at the earliest date allowed by applicable law. Any notice of revisions shall be sufficient if we send you a copy of such revisions or if we notify you that revisions have been made and give you instructions how to obtain a copy of such revised Agreement or terms and conditions. Your continued use of the Services after the effective date of such revisions will constitute your acceptance of the revisions and the revised agreement. We may give you any notice under this Agreement or related to any Service, including notice of revisions or notices under Regulation E, CC, B, DD or Z, by any one or more of the following methods: first-class mail or electronic mail at the address shown on our records, a message in the statement for any of your account(s) or a notice on our Internet site. You will be deemed to have received any notice by electronic mail three calendar days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
Errors and Questions
In case of errors or questions regarding an F&M Access transaction, notify us at:
F&M Access
c/o F&M Bank
PO Box 307
Granite Quarry, NC 28072
704.279.7291 or 1.877.650.3635
We must hear from you at one of the above telephone numbers or address no later than 60 calendar days after we sent you the FIRST statement on which the problem or error appeared. We will need:
- Your name and account number (if any);
- A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information;
- The dollar amount of the suspected error and date on which it occurred.
If the report is made verbally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will notify you with the results of our investigation within ten (10) Business Days after you contact us and will correct the error promptly. If more time is needed, however, we may take up to 45 calendar days to investigate your complaint or question. If this occurs, we will credit your account within ten (10) Business Days for the amount you think is in error. This will allow you to use 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 until the investigation is completed and it is determined that an error did occur.
You agree that F&M may respond to you by electronic mail with regard to any claim of unauthorized electronic funds transfers related to the Services. Any such electronic mail sent to you by F&M shall be considered to have been received within three (3) calendar days of the date sent by F&M, regardless of whether or not you sign on or "use" the Services within that timeframe.
Statements
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
Liability for Failure to Make a Transfer
If F&M does not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, F&M Bank will be liable for the amount of any losses or damages incurred by you and resulting directly from such failure. However, there are some exceptions. F&M will not be liable in the following instances.
Limitation of Liability for Transfers
You agree that, except as expressly stated herein, there is no warranty of merchantability, no warranty of fitness for a particular use and no other warranty of any kind, express or implied, regarding the information or any aspect of the services. You further agree that F&M will not be liable for failure to properly complete a transaction in the following instances:
- If we have received incomplete or inaccurate information from you or a third party involving the account or transfer;
- If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that F&M Bank has taken;
- If, through no fault of F&M, you do not have enough money in your account to make the transfer;
- If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy;
- If your funds are subject to legal process or other encumbrance restricting the transfer;
- If your transfer authorization terminates by operation of law;
- If you believe someone has accessed your accounts without your permission and you fail to notify F&M immediately. In this case, if you tell us within two business days after you learn of the occurrence, you can lose no more than $50 if someone uses your account without your permission; (If you do NOT tell us within two business days after you learn of the occurrence, and we can prove we could have stopped someone from using your account without your permission if you had told us, you could lose as much as $500.)
- If you have not properly followed the scheduling instructions on how to make a transfer included in this Agreement;
- If F&M has a reasonable basis for believing that unauthorized use of your User ID, password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if you or we terminate this Agreement.
F&M will not be liable for any losses resulting from circumstances over which F&M has no direct control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, operator errors, logon sequences, severe weather, earthquakes, floods or other such events. You acknowledge that there are alternative methods for accessing the information and conducting the transactions provided by the Services, such as Telebanking or payment by hand written check. In the event you should experience problems in accessing the Services, you will attempt to access such information and conduct such transactions by such alternative methods.
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall F&M be liable for damages in excess of your actual loss due to our failure to complete a transfer and we will not be liable for any indirect, incidental or consequential damages. If any of the circumstances contained in the first two limitations listed in this subsection occur, F&M shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transfers that may not have been completed or to correct incorrect transfers that have been processed.
Inactivity - Termination
You are responsible for complying with all the terms of this Agreement and with the terms of the Agreement governing the deposit accounts which you access using the Services. F&M can terminate your electronic banking privileges under this Agreement without notice to you if: (1) you do not pay any fee required by this Agreement when due; (2) if you do not comply with the Agreement governing your deposit or other accounts; (3) if any account is not maintained in good standing (4) or if we have reason to believe that the Services have been subject to unauthorized or improper use. F&M will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.
F&M may convert your Services access to an inactive status if you do not sign on to the Services or have any transfer scheduled through the Services during any consecutive 90 day period. If your Services access is considered inactive, you must contact us to have the Services activated before you will be able to schedule any transfers through the Services.
To cancel F&M Access, you must notify F&M and provide your name, address, whether you are discontinuing F&M Access and the effective date to stop the Services. You may notify F&M by one of the following methods:
Governing Law
The laws of the State of North Carolina and applicable federal law govern your F&M Access Account(s), govern this Agreement and the Services.
F&M Bank Internet Security
F&M understands the importance of privacy and security when transmitting financial data over the Internet. Because of this importance, F&M has taken the necessary steps to protect customers' financial information. Total security is a joint effort between F&M, your Internet Service provider and you, the Customer.
Internet Service Provider (ISP)
The security measures taken by F&M are independent of the measures taken by your ISP. F&M recommends using an ISP with strong security practices. Inquire with several ISPs about their security practices and choose one that you believe has your security as a priority.
User Identification and Password
F&M provides additional security for your financial information by the mandatory use of a User ID and a password to access account information. It is important that your User ID and password be kept confidential. Other measures you can take to ensure the safety of your confidential financial data is to memorize your password change your password on a regular basis and do not disclose it others.
Severability
If any provision of this Agreement is determined to be void or invalid, the remainder of the
agreement shall remain in full force and effect.