A. ACCEPTANCE OF UNITED TERMS AND CONDITIONS
You may become eligible for the Service by submitting the United Enrollment Application (the “Enrollment Application”). By submitting the Enrollment Application and clicking “I Understand and Accept” as described above, or by initially accessing the Service you agree to the terms and conditions of this Agreement and also warrant that all information you provide under this Agreement is true and complete and that you will promptly update such information to maintain its accuracy.
You agree to use the Service solely for the services described in the Agreement and designated by you in the Enrollment Application, and solely in connection with each deposit account (collectively, the “Accounts”), except as otherwise expressly provided in this Agreement or as otherwise expressly permitted by us from time to time. Under this Agreement, there may be multiple accounts. You understand that in order to use the Service, you must have at least one Account that is a checking account with unlimited check writing privileges. You may add additional Accounts for which you, or all of you if more than one, are depositor, borrower, authorized signer, or authorized user by notifying United in writing or by visiting any United location. If you close or delete the only checking account designated for United business online banking, you will no longer be able to use the Service.
Throughout the United website, United will provide you with guidance and online instructions and messages that we modify from time to time. You agree to read and abide by such instructions and messages. Each time you use the Service, you agree to the terms of this Agreement and any additional or modified terms and conditions that may appear on your computer when you sign on to the United website or during your use of the Service. This Agreement will be effective as of the date we issue you an Access ID and Password (the “Access ID” and “Password”). Please read this Agreement carefully and print it by selecting the Printer icon on the Toolbar or selecting File, Print.
B. DEFINITIONS
The following definitions apply in this Agreement.
"Business Online Banking" is United Community Bank Internet-based service providing access to your Online Account(s).
"Access ID" is the series of 8 or more numbers or letters that you select as a code used in conjunction with the password to establish your connection to the Business online banking service.
"Password" is the series of 8 to 17 numbers and letters that you select as a code used in conjunction with the access ID to establish your connection to the Business online banking service. Your password must consist of at least 1 letter and 2 numbers.
"Online Account" means any United Community Bank account from which you will be obtaining information or conducting transactions using the Business online banking service.
"Service" shall mean, individually or collectively, United Community Bank' Business online banking service and any other service offered under this agreement.
"Time of day" references are to Eastern Standard Time or Eastern Daylight Time, as applicable.
"The Borrower", "we", "us", "the bank" or "United Community Bank" refer to United Community Bank or one or more of its affiliates, which provides or will provide the Service offered under this Agreement. United Community Bank provides deposit account and loan services (including mortgages, home equity loans).
"Business Days" are Monday through Friday, except weekdays that United Community Bank is not open for business.
“Banking Days” are Monday through Friday, except weekdays that United Community Bank is not open for business.
"Firewall" is a router or an access server or several routers or several access servers designated as a buffer between any connected public network and a private network.
C. BROWSER SECURITY
United Community Bank Internet Banking transmits data using SSL (Secure Socket Layer) technology that supports 128-bit key encryption. It is important to verify that a secure connection between United and the Internet Banking server has been established before transmitting any confidential account information over the Internet. An indicator in the lower right corner of the screen can verify this. Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted. When this symbol does not appear, a session is not secure. However, no data transmission over the Internet can be guaranteed as 100% secure. As a result, while we strive to protect your information, we cannot ensure or warrant the security of any information you transmit or receive from us.
D. HOST SECURITY
United Community Bank web server does not connect directly to the Internet. It is buffered from the Internet through the use of a firewall. All access from outside the bank must go through this firewall, which screens the requests and seeks to allow only valid https traffic to reach the server. United Community Bank Internet Banking makes use of an International Computer Security Association (“ICSA”) certified firewall.
E. HOURS OF OPERATION
Business days for United are 8:30 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. You may access the Service 24 hours a day, seven days a week, except that United cannot guarantee that the Service will always be available during these times. United cannot guarantee that we will be able to provide notice of such interruptions and changes, although we will attempt to provide such notice. In addition, access to the Service is made available pursuant to a license agreement by and between United and Information Technology Inc. (“Service Provider”). Any interruption of service or access caused by the Service Provider will also prevent your use of the Service or performance of the Service.
F. SECURE ACCESS TO SITE
United believes the safety and security of its customers’ accounts and account information is important. To help ensure protection of your Accounts, United created a password protected system and to access the Service you must, via a personal computer, enter your Access ID and Password. We will assign you an Access ID and Password after we have accepted your Enrollment Application. When you first access the Service, you will be required to select a new Password. Your Password must be 8 to 17 characters consisting of at least 1 letter and 2 numbers. You may change your Password from time to time, as provided in the software. We recommend that you not use your social security number, birthday, name, or other code that may be easy for others to determine as your Password. No United employee will ever ask you for your Password, nor should you provide it to anyone. YOU AGREE TO KEEP YOUR ACCESS ID AND PASSWORD CONFIDENTIAL AND NOT LEND, GIVE OR OTHERWISE DISCLOSE ANY ACCESS ID OR PASSWORD TO ANY UNAUTHORIZED PERSON, OR PERMIT ANY UNAUTHORIZED PERSON TO USE YOUR ACCESS ID OR PASSWORDS. ANY LOSS OF CONTROL OF YOUR ACCESS ID OR PASSWORD MAY RESULT IN THE LOSS OF CONTROL OF YOUR ACCOUNT. USE OF THE PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH THE SERVICE. You agree that any United business online banking request initiated by use of the Access ID and Password will be subject to and governed by this Agreement. Thus, we urge you to maintain the safety and security of your Access ID and Password and we cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
If you authorize another person to use your Access ID and Password, that person can use the Service to perform any of the functions that you may perform. For example, that person may view any information or initiate any transaction on any of your Accounts to which that person does not otherwise have access. We encourage you not to share your Access ID and Password with other parties. You agree to assume responsibility for all transactions initiated through the Service with your Access ID and Password, up to the limits allowed by applicable law. Should a person you authorize to use the Access ID and Password leave your company you should immediately change your Password. In addition, if you allow another person or business to store your Access ID and Password on their computer, the stored information may be at risk of unauthorized access from third parties. United has not authorized any outside company to request or use your Access ID and Password for any purpose, on the Internet or otherwise.
Once you are finished with your business online banking activity, you should properly exit the Service by clicking on Sign Out. You also agree to never leave your computer unattended while accessing the Service. If you should, a third party may be able to access your Accounts from your terminal without ever needing to use your Access ID and Password.
G. IF YOUR PASSWORD HAS BEEN LOST OR STOLEN
If a third party should gain access to your Access ID and Password, then you alone are responsible for changing the Password to deny the third party’s access to your banking information. We also require that you keep a record of what information you shared, and as always, that you carefully monitor and review the activity in your Account.
If you believe your Password has been lost, stolen, or compromised for any reason, call United immediately at (866) 270-6100, 8:30 a.m. to 5:00 p.m., Monday through Friday. Promptly contacting United via telephone may be the best way of minimizing your losses. You should also seek to restore the security of your Service by immediately changing your Password. However, you will be responsible for any and all amounts charged to your account regardless of prompt notification of unauthorized use or fraudulent use of your account, except to the extent such unauthorized use is caused by our gross negligence.
H. BUSINESS ONLINE BANKING SERVICES
As indicated by the Enrollment Application, you may use a variety of services offered by United via the Service. You may sign up for or cancel any service by contacting United via email or telephone.
You may use United Community Bank Internet Banking to perform any of the following services designated by you in the Application or subsequently added by you as provided below:
- Transfer funds between any Deposit Accounts, such as checking, savings, and money market;
- Transfer funds from any Deposit Account to a loan with United Community Bank;
- Receive and download balance and transaction information on your United Community Bank accounts;
- Change your password;
- Receive e-mail from and transmit to the Bank, all as described in this Agreement and the applicable software you may install as further described in Section 6.
- Initiate stop payment orders;
- Initiate domestic wire transfers;
- Originate ACH transactions such as Corporate Transfers, Direct Deposit and Direct Debit. (separate agreement required)
1. Account Transfers
- Accounts. You may use the Service to initiate transfers from a checking, savings or money market deposit account to any other deposit account at United. These types of transactions are referred to in this Agreement as “bank transfers”.
- Sweep Accounts. If you have a sweep account (money market mutual funds investment account tied to your commercial checking account) the balance in the investment account will display with your other accounts. The balance and transactions are for informational purposes only as the actual investment is in money market mutual funds and is not a bank deposit. Transactions are performed automatically between your checking account and sweep account as you make deposits and write checks; therefore, manual transfers are not allowed.
- Authorization. You expressly authorize United to debit the appropriate Account in the amount of any bank transfer initiated through the Service by you or by any other person whom you authorize to use your Access ID and Password. You agree that we may treat any such bank transfer from an Account the same as a duly executed written withdrawal, transfer, or check and that we may treat any such bank transfer to an Account the same as a deposit, all in accordance with the terms of this Agreement and your deposit agreement(s) with us.
- Limitations. Bank transfers between Accounts may be limited by federal law or by the terms of your deposit agreement with us. Bank transfers from Accounts that are savings or money market deposit accounts are limited as required by federal regulation. For statement savings accounts, you may not make more than 6 transfers per statement period by preauthorized or automatic transfer or by telephone or on-line banking. For money market accounts, you may not make more than 6 transfers per statement period by preauthorized or automatic transfer or by telephone or business online banking, by check, draft or debit card. You agree that we may, without notice or other obligation to you, refuse to make any bank transfer for security reasons or as otherwise expressly provided in this Agreement or your deposit agreement with us.
- Posting and Availability of Funds. If you authorize a bank transfer of available funds on or before 5:00 p.m. Eastern Standard Time on a business day, the bank transfer will be posted the same business day. If you authorize a bank transfer after 5:00 p.m. Eastern Standard Time on a business day, the bank transfer will be posted the next business day. Transferred funds will be available for withdrawal on the business day the bank transfer is posted. Please note that intervening holidays may alter the day of posting. Except as otherwise expressly provided in this Section, transferred funds will be available for transfer and withdrawal as provided in our Schedule of Funds Availability listed below and described in this Section 1(iv).
Schedule of Funds Availability:
| If a bank transfer is initiated before 5PM Eastern Time |
Funds will be posted on: |
Funds will be available on: |
| Monday |
Monday |
Tuesday |
| Tuesday |
Tuesday |
Wednesday |
| Wednesday |
Wednesday |
Thursday |
| Thursday |
Thursday |
Friday |
| Friday |
Friday |
Saturday |
| Saturday |
Monday |
Tuesday |
| Sunday |
Monday |
Tuesday |
2. Access to Account Information
You may use the Service to receive, download, and store or print information regarding an Account that is routinely set forth in the statement for the Account, debits and credits made to the Account, amounts and item numbers for items drawn on the Account (if applicable), and the daily Account balance (including interest credited to an Account and finance charges accrued on a Loan). All account information provided via the Service will be current as of the end of the preceding business day, and is subject to further adjustment and correction. Because the information is made available to you as “raw data” furnished through the Service Provider and is subject to change, we cannot assure you of the accuracy or completeness of the Account information and expressly disclaim the same. United will continue to send the usual periodic statement of account to you. Please note that adjustments may have been made to your Account in connection with the preparation of your statement.
3. Electronic Mail Service
United has provided you with access to the United e-mail service. You may use the Service to send e-mails to us and to receive e-mails from us. The United customer support e-mail address is ecorp@ucbi.com. The United e-mail service may not be used to make bank transfers between Accounts or to make loan payments from an Account. E-mail transmitted by you to us often will not be delivered to us immediately. If you need to contact us immediately to stop payment, to report the unauthorized use of your Access ID and Password, to report unauthorized access to an Account, or for any other reason, you should call us at 866 270-6100. We will not be responsible for acting on or responding to any e-mail request until we actually receive your e-mail message and have a reasonable opportunity to act. We will attempt to notify you of any technical difficulties or other occurrence that may affect your use of the e-mail service by posting such notice on the United website.
4. Stop Payments
Stop payment orders may be initiated through the Service on any checking account. The order will not be deemed received by the bank until a United employee has read the order and has had a reasonable opportunity to act on the order. If received after 2:00 p.m. on a banking day or at any other time on a non-banking day, the order will be processed on the next banking day. Saturdays, Sundays, and holidays are not considered banking days. Customer is responsible for verifying that the item has not been paid against the account before placing the stop payment.
The Service may not be used to stop payment on any automatic entry, such as automatic monthly drafts or automated clearing house (ACH) items, and United may ignore any attempted stop payment order relating to such items transmitted through the Service. The stop payment order will remain in effect for 6 months from the placement date.
5. Wire Transfers
Wire transfer requests initiated through the Service before 2:00 p.m. each banking day will be processed on that day. If received after 2:00 p.m. on a banking day or at any time on a non-banking day, the transfer will be processed on the next banking day.
6. ACH Origination
Origination of ACH entries through the Bank’s Service provided under this agreement shall be subject to the terms of the separate agreement relating to ACH services as well as to the terms of this agreement. In the event of a conflict between the provisions of the two agreements, the provisions of the separate ACH agreement shall prevail.
Customer may choose to utilize ACH origination software in conjunction with the Bank’s Service. Customer shall be responsible for the purchase and installation of necessary software. Should Customer request United to install ACH origination software for Customer, Customer agrees that by doing so United shall not assume any responsibility for the software or its installation or performance, nor for any damage to any equipment, loss of data or other problems which may result from the software or its installation, it being understood that United’s software installation services would be rendered on a courtesy basis, without additional compensation and without warranty of any kind or nature whatsoever.
7. Additional Services
United may introduce new services or change the scope of our services from time to time. United will notify you of the existence of the new services. By using these services when they become available, you agree to be bound by the terms, rules and other instructions that will be made available to you concerning those new services.
I. FEES
Access to the Service is currently furnished by United at no charge to the customer except as otherwise expressly provided in this Agreement and other written documentation that may be provided to you from time to time. Currently, United does not charge you a set-up fee for the Service. United does not charge for viewing your Accounts, or completing transfers to and from your individual Accounts. Stop payments, wire transfers and ACH are optional services with separate fees. You agree to pay, and authorize us to automatically debit the originating Account for any fees owed to United for usage of the optional services. United may from time to time decide to modify its fees.
You will be solely responsible for all tariff, duties, or taxes imposed by government or governmental agencies in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, tools tariffs, and other costs for online sessions initiated by you. There may be other costs and charges associated with your accounts. Please refer to your Deposit Account Disclosure for details.
J. ERRORS AND ADJUSTMENTS
In case of errors or questions regarding transactions through the Service, telephone us at 866-270-6100, or write us at United Community Bank, P.O. Box 398, Blairsville, Georgia 30514, as soon as possible if you think your statement is incorrect or if you need more information about a transfer listed on the account statement. We must hear from you no later than 30 days after we sent the first account statement on which the problem or error appeared. Please provide us with (i) your name and account number, (ii) a description of the error or the transfer you are unsure about and an explanation of why you believe it is an error or why you need more information, and (iii) the dollar amount of the suspected error.
K. SETTLEMENT OF OBLIGATION
To the fullest extent permitted by applicable law, you authorize us to obtain payment of your obligations to us under this Agreement from time to time by (a) initiating debit or credit transfers to any of your Accounts or (b) deducting the payment from the amount of any bank transfer or loan payment. Such obligations include, without limitation; fees owed to us and settlement for bank transfers or loan payments initiated through the Service. If an Account is closed (whether by you, by us, or otherwise), you agree that all such obligations will be immediately due and payable to us, and you authorize us to withhold the amount of any such obligations from any Account. Debiting an account or deducting payment from the amount of any bank transfer or loan payment is not United’s exclusive remedy under this or any other Section of this Agreement, and United will not be deemed to have made an election of remedies by making any such debit or deduction on any one or more occasions.
L. LIMITATION OF LIABILITY FOR TRANSFERS FOR INCOMPLETE OR INACCURATE TRANSFERS
United is responsible only for exercising commercially reasonable efforts in effecting transfers upon your authorization. In NO event shall we be liable for damages in the following instances:
- If, through no fault of ours, you do not have enough money in your Account (or any linked account) to make the fund transfer.
- If the fund transfer would go over the credit limit on your overdraft line.
- If you have not completely and properly complied with the terms of this Agreement or instructions provided by the software regarding how to make a fund transfer.
- If any data or instruction transmitted via the Service is inaccurate or incomplete.
- If you do not initiate a fund transfer according to the time limits set forth in this Agreement or if the payment amount requested is less than the full amount due.
- If the fund transfer has been transferred from the Account to a third party, including, without limitation, any third party through which payment is made and any payee or its financial institution.
- If the hardware, the software, the Service Provider, or any part of the Service, including the loan payment service, was not working properly and you knew or should have known about the Service breakdown or inoperability when you started your fund transfer.
- If circumstances occur beyond our reasonable control that might prevent or delay the fund transfer or cause funds to be incorrectly transferred as further described below.
- If your funds are frozen or are subject to legal proceedings.
- If the funds in the Account are unavailable (funds are only conditionally credited until they become available for withdrawal).
- If your Password has been reported lost, stolen, or has been compromised for any other reason or if we have any other reason to believe that a fund transfer may be erroneous or unauthorized, or if you default under this Agreement, the Account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
- If you, any joint holder, or any authorized cosigner on an Account has requested that we cancel the fund transfer.
- If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period of the type of Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts).
- If the Account has been closed.
- If we do not receive the necessary transfer information from you or any third party, or if such information is incomplete or erroneous when received by us.
To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of delay or failure in the performance of any United business online banking service or website in accordance with the terms of this Agreement, including but not limited to those described in this Agreement. In no event will United be liable for any consequential, special, exemplary, incidental or punitive damages or for any indirect loss that you may incur or suffer in connection with the Service or website or any costs to procure substitute services or any lost profits, data or business or loss of use or business interruption relating to our Services or website (even if United has been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an independent contractor and not United’s agent. United’s sole duty shall be to exercise commercially reasonable efforts in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, DESCRIPTION OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IS MADE BY UNITED WITH RESPECT TO ANY UNITED BUSINESS ONLINE BANKING SERVICE, WEBSITE OR THE SOFTWARE, AND UNITED HEREBY DISCLAIMS ALL SUCH WARRANTIES AND PROVIDES THE SERVICE, WEBSITE AND SOFTWARE ON AN “AS IS” AND “AS AVAILABLE BASIS”. We make no warranties or guarantees that the performance of our Services, website, software or content thereon will be uninterrupted, timely or free from errors. The only warranties are those provided by the licensor of the software and set forth on the software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, United shall not be liable at any time to you or any other person for any loss, charge, fee, penalty, expense or other damage resulting from any failure or delay of the performance of United’s responsibilities under this Agreement which is caused or occasioned by any act or occurrence beyond United’s reasonable control, including, without limitation, an act of God, riot, fire, explosion, judicial or government act, terrorism, military act, labor dispute, third party act or omission, virus, worm, trojan horse or other code, command, file or program designed to interrupt, destroy or limit functionality of any software, hardware or equipment, Internet slow-down or failure, legal restraint, interruption of transmission facilities, the failure of mechanical or electronic equipment communications lines, telephone or other interconnect problems, operator errors, log-in sequences, severe weather, earthquakes, floods or other such events, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or loan payment. In addition, United shall be excused from any failure or delay in executing a bank transfer or loan payment, if such execution would result in the violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that United shall not have or incur any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, without limitation, the Service Provider, any internet access service provider, any unauthorized user, any Federal Reserve Bank or transmission or communications facility or any intermediary or receiving financial institution, and no such person shall be deemed United’s agent.
There may be other exceptions stated in this Agreement and in other agreements with you. In no event shall we 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, exemplary or consequential damages.
M. DOCUMENTATION
Periodic Statement. You will get a monthly account statement from us. In any case you will get a statement quarterly. You will get a quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit.
N. OTHER AGREEMENTS; SERVER ABILITY; GOVERNING LAW
The terms and conditions of this Agreement are cumulative with and in addition to any terms of the signature cards or account agreements for your Account(s), the applicable account disclosures, [the Service Schedule, the Schedule of Funds Availability and Disclosure Statement, the agreements governing the Credit Accounts, and the Application, all as may be amended from time to time.] In the event of any conflict in such other related agreements and disclosure regarding United’s obligations to you, the terms of this Agreement will control. If any provision of this Agreement should be held to be invalid, illegal or unenforceable, the parties agree that the remaining provisions of this Agreement should be constructed as if such invalid, illegal or unenforceable provision had never been contained herein. This Agreement and the Service will be governed by the substantive laws of the state of Georgia without regard to its rules regarding conflict of laws, and applicable federal law, without regard to any different state laws that may govern your Accounts. You agree that if there is any inconsistency between the terms of this Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement.
O. AMENDMENTS
We may amend this Agreement from time to time. We will effect each amendment by mailing, posting on our website, emailing or otherwise delivering such amendment, revised agreement and notice thereof to you in accordance with applicable federal and state laws. If no federal or state law specifically governs the amendment, the amendment shall be effected by mailing or otherwise delivering it to you or posting it in our full-service locations at least 10 calendar days prior to the effective date of the amendment. Notwithstanding the foregoing and to the extent permitted by applicable law, we may change any term of this Agreement without prior notice or obligation to you: (a) if the software or Service Provider changes any term without providing us sufficient notice to enable us to properly notify you; (b) if we change our Service Provider, (c) for security reasons; (d) to comply with applicable law; or (e) as otherwise expressly provided in this Agreement. Your continued use of the Service after the effective date of such revisions will constitute your acceptance of the revisions and the revised Agreement.
P. TERMINATION
You agree that we may cancel or restrict your use of the Service at any time without notice to you if: (a) your account is past due; (b) you are not complying with the terms of any agreements between you and United or any applicable law or regulation; (c) any of your accounts are not in good standing; (d) we have reason to believe that the Service has been subject to unauthorized or improper use or (e) your use of the Services, website or software may threaten our security of or damage to our information , data, software, hardware or facilities. We will notify you as is reasonable under the circumstances should we terminate or cancel your access to the Service for any other reason. You may cancel the Service by written request to United at any time. To discontinue business online banking you should include your name, address, and the effective date to stop the Service on your written request for termination.