THE WARRINGTON BANK has expanded its
banking services to utilize the convenience and efficiency
of Internet technology; and the parties hereto desire
to participate in Internet banking transactions. Customer
understands that the terms and conditions set forth
below are in addition to those that apply to any other
accounts that Customer has with the Bank or any other
services Customer thereafter obtains from the Bank.
Customer further understands that any additional instructions
and procedures applicable to the services covered by
this Agreement provided by the Bank must also be followed.
NOW,
THEREFORE, in consideration of the mutual promises
and covenants contained herein, and for other good
and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, The Warrington Bank
and Customer hereby agree as follows:
1. NETTELLER ONLINE BANKING: Using your User
ID and Password, you can perform banking transactions
on your computer including: (1) receiving balance
inquiries; (2) obtaining information about your account
transactions; and (3) making transfers from The Warrington
Bank checking/savings accounts to other Warrington
Bank checking/savings (subject to government regulations).
You must maintain sufficient funds in your account
to cover any requests for transfers. If The Warrington
Bank completes a payment or transfer that Customer
makes or authorizes and The Warrington Bank subsequently
learns that Customer has insufficient funds for the
transaction, Customer agrees that The Warrington Bank
may reverse the transaction or offset the shortage
with funds from any account Customer has with The
Warrington Bank. In any case, Customer is fully obligated
to The Warrington Bank to provide sufficient funds
for any payments or transfers Customer makes or authorizes.
2. FEES: The Warrington Bank NETTELLER Internet
Banking is currently offered with no monthly fee.
Beginning January 1, 2007, a PIN/Password reset fee
of $1.00 will be imposed after one (1) complimentary
PIN/Password reset per quarter. Customer will be notified
thirty (30) days prior to any fee changes implemented.
3. WHEN INTERNET PAYMENTS AND TRANSFERS ARE MADE:
Payments and transfers are not final at the time The
Warrington Bank receives Customer's instructions,
but the Bank will begin to process them promptly.
Transfer requests received after 5:00 P.M. on any
business day will be posted the following business
day. Each payment or transfer will be posted to The
Warrington Bank Customer Account and to any other
account within the Bank that is involved in the transaction,
on the transmit date if made within processing hours
or on the next business day if made after hours. Each
payment or transfer Customer initiates on a non-business
day will be considered initiated on the following
business day. Information Customer obtains about Customer
accounts using NETTELLER will not reflect transactions
that have not yet been posted to Customer's accounts.
Customer should be aware of these reporting limitations
when Customer performs or attempts to perform any
transactions on the basis of such information. NETTELLER
is generally available 24 hours a day, 7 days a week.
However, the Bank only processes transactions and
updates information on business days. The Bank's business
days are Monday through Friday. Holidays are not included.
4. LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR TRANSFERS:
If Bank does not complete a payment or transfer on
time or in the correct amount according to Agreement
with Customer, Bank will be liable for the amount
of that payment or transfer, and no consequential
or punitive damages or other losses whatsoever incurred
by Customer, if and only if, Bank wilfully or intentionally
fails to complete a payment or transfer, or fails
to complete a payment or transfer due to gross negligence
on the part of Bank or any of its agents or employees.
5. ONLINE COMPUTER SECURITY: To access NETTELLER,
Customer will initially use a temporary Password.
Customer will reset the Password with their first
connection online with their banking information.
Take precautions online to protect your User ID and
Passwird. Do not leave your computer unattended while
online or send your User ID and/or Password or any
other confidential information over any public or
general E-mail system. Do not give or disclose any
part of your User ID or Password to anyone. Anyone
to whom Customer gives his or her User ID and Password
will have full access to Customer's accounts, even
if the person Customer authorizes exceeds Customer's
authority.
6. CUSTOMER LIABILITY: If Customer believes Customer's
Internet Banking User ID and/or password or other
means of access have been lost or stolen, and Customer
notifies The Warrington Bank in writing, which notice
is received within 2 business days after Customer
learns of the loss or theft, Customer shall be responsible
for no more than $50.00 if someone used them without
Customer's authority after receipt of notice. If Customer
does not tell The Warrington Bank within 2 business
days after Customer learns of the loss or theft of
Customer's User ID and/or Password or other means
of access, Customer shall be responsible for the full
amount of payments or transfers made by someone using
them without Customer's authority until The Warrington
Bank receives notice, as more fully described above
in this paragraph. If Customer's statement shows payments
or transfers covered by this Agreement that Customer
did not make or authorize, Customer must notify Bank
at once. If Customer does not notify The Warrington
Bank within 60 days after the statement was mailed
to him, The Warrington Bank shall have no liability
to Customer for such payments or transfers.
7. BANKING CUSTOMER IDENTIFICATION NUMBER OR PASSWORD:
If Customer's User ID and/or Password or other means
of access has been lost or stolen or someone has used
them without Customer's authorization, call The Warrington
Bank immediately at (850) 455-7351. The Bank may at
a later date, provide Customer with another electronic
or telecommunications means of notifying Bank for
this purpose. Using a general E-mail service or other
electronic means does not constitute proper or timely
notification to Bank.
8. IN CASE OF ERRORS OR QUESTIONS ABOUT TRANSACTIONS
COVERED BY THIS AGREEMENT: Customer must call The
Warrington Bank at (850) 455-7351 or write to The
Warrington Bank at P.O. Box 4877 Pensacola, FL 32507,
as soon as possible if Customer thinks his statement
is wrong or if Customer needs more information about
a transfer or payment covered by this Agreement which
is listed on the statement. Bank must hear from Customer
no later than 60 days after Bank sent the first statement
on which the problem or error appeared. Information
to be included: Customer's name and account number;
Describe the error, payment or transfer Customer is
unsure about, and explain as clearly as Customer can
why Customer believes it is an error and why Customer
needs more information; Tell Bank the dollar amount
of the suspected error. If Customer tells Bank of
the suspected error orally, Bank shall require that
Customer send Bank the complaint or questions in writing
within 10 business days. Bank will tell Customer the
results of Bank's investigation within 10 business
days after Bank hears from Customer and will correct
any error promptly. If Bank needs more time to investigate,
Bank may take up to 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 investigation period
will be 20 business days instead of 10 business days,
and 90 business days instead of 45 business days,
for an extended investigation. If Bank decides that
there was no error, Bank will send Customer a written
explanation within 3 business days after the investigation
is finished. Customer may ask for copies of the documents
that Bank used in its investigation.
9. STATEMENTS: Customer's NETTELLER transfers
will be listed on the monthly statements The Warrington
Bank provides or makes accessible to Customer. Customer
agrees to notify The Warrington Bank within 60 days
if Customer changes address.
10. CANCELING THE SERVICE: To cancel NETTELLER
, you must contact The Warrington Bank in writing
to notify us of your decision to cancel. The Warrington
Bank may cancel or suspend your service at anytime
without notice.
11. LAW THAT APPLIES: Regardless of where Customer
lives or works or where Customer accesses the Warrington
Web services, this 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.
12. 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 the sums that either party may be
called on to pay, a reasonable sum for the successful
party's attorney fees.
13. 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 not be limited to, acts
of God, strikes, lockouts, or other industrial disturbances,
wars, whether declared or undeclared, blockades, insurrections,
riots, government action, explosions, fire, floods,
or any other cause not within the reasonable control
of either party.
14. AMENDMENTS: The terms and conditions governing
NETTELLER , including costs and fees may be
amended by The Warrington Bank at anytime upon 30
days advance notice. Your continued use of the service
is your 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. You agree that
any notices given by the Bank regarding the service
will be sent to you at the Bank's choice, via either
electronic mail or standard mail and will be considered
delivered at the time sent by the Bank. The Warrington
Bank may not immediately respond to E-Mail, so you
should not rely on E-Mail to communicate with The
Warrington Bank immediately.