Oglethorpe Bank

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 Oglethorpe Bank (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 periodically. (The system will provide an advance notice of expiration.)

I understand and agree that my Access ID and Password will be known only to me and that it is 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 six (6) months 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 Customer Service Representative.

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 5.5 or higher, or Netscape Navigator® version 6.2, or higher, or their equivalent, and Adobe Acrobat Reader 4.0 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 logging on to Internet Banking and selecting "Contact Us" E-mail should not be used to submit Stop Payment Requests or to send any other confidential information, such as account numbers.

Important: Read Carefully Before Agreeing. This document obligates you in certain ways, and explains your legal responsibilities when using Electronic Bill Payment via Internet Banking.

Bill Paying Agreement and Disclosure Statement

This is your bill paying agreement with Oglethorpe Bank (the "Bank"). You may use the Bank’s Bill Pay to direct the Bank to make payments from your designated checking (account) to the Merchants you choose in accordance with this agreement. The terms and conditions of this Agreement are an addendum to the Internet Banking Agreement and the Deposit Account terms and Conditions and other documents in effect from time to time governing your Account, and this agreement may modify those agreements in certain ways.

"You" or "your" means each person who signs the bill paying enrollment form or is otherwise authorized to use the Service. "Merchant" means anyone, including the Bank, you designate and the Bank accepts as a payee.

HOW TO SET UP MERCHANTS/PAYMENTS

Complete a bill paying Enrollment Form. IF YOU WANT TO ADD A NEW MERCHANT TO YOUR LIST OF AUTHORIZED PAYEES, USE THE "New Scheduled Payment" BUTTON ON THE INTERNET. The Bank reserves the right to refuse the designation of a Merchant for any reason.

The Bank is not responsible if a Bill Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant or if you attempt to pay a Merchant that is not on your Authorized Payee list.

ACCESSING THE SERVICE

When you completed your Internet Banking Agreement, you selected an Access ID and Password. Each time you access the Internet Banking or Bill Paying Service, you will be asked to enter your Access ID and Password. Correct responses will give you access to the Service.

THE BILL PAYING PROCESS

The Bank will process variable payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by the Bank, which is currently 1:00 p.m. EST. Variable bill requests received after the business day cut off time, or at any time on a non-business day will be processed on the next business day. The Bank reserves its right to change the cut-off time by giving you notice if it changes.

FOR RECURRING PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE OF THE 28TH THROUGH THE 31ST OF A MONTH, PROCESSING WILL BE INITIATED ON THE LAST CALENDAR DAY OF THE MONTH. Otherwise, recurring payment requests will be processed on the dates you have designated, unless such date falls on a non-business day resulting in your payment being processed on the next business day.

YOU MUST ALLOW AT LEAST FIVE (5) BUSINESS DAYS FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE MERCHANT. (IT IS YOUR RESPONSIBILITY TO SCHEDULE/ACTIVATE RECURRING PAYMENTS.) NOTE: IF PAYMENTS CANNOT BE PROCESSED ELECTRONICALLY, ALLOW UP TO 8 DAYS FOR CHECK DELIVERY.

You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all Bill Payments requested, as well as, any other payment obligations you have to the Bank. The Bank reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and the Bank has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand. You further agree that the Bank, at its option, may charge any of your accounts with the Bank to cover such payment obligations.

Any Bill Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day the Bill Payment is going to be initiated. Stop Payment Orders will not be accepted for Bill Payments after the time above.

LIABILITY

You are solely responsible for controlling the safekeeping of, and access to, your Access ID and Password. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person's authority, you must notify the Bank and arrange to change your Access ID and Password. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. The Bank is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. The Bank is not liable for any failure to make a Bill Payment if you fail to promptly notify the Bank after you learn that you have not received credit from a Merchant for a Bill Payment. The Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Bank’s agent. In any event, the Bank will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Bank has knowledge of the possibility of them. The Bank is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Bank's reasonable control.

AMENDMENT AND TERMINATION

The Bank has the right to change this Agreement at any time by notice mailed to you at the last address shown for the Account on the Bank’s records, or by posting notice in branches of the Bank, as permitted by law.

The Bank has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to the Bank. The Bank is not responsible for any fixed payment made before the Bank has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by the Bank on your behalf.

FEES

$0.00 per calendar month for unlimited bill pays.

The bank’s normal NSF Item Charge will apply for any payments presented against insufficient funds; see Account Disclosures for your checking account.

The Bank reserves the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred.

CONSENT TO RECEIVE ELECTRONIC DELIVERY OF CONSUMER DISCLOSURES

I understand and agree that Stop Payment Requests placed online under the authorization of my 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 six (6) months unless renewed. [NOTE: STOP PAYMENT REQUESTS MAY NOT BE PLACED FOR PAYMENTS MADE THROUGH THE ELECTRONIC BILL PAY SYSTEM, BUT UNAUTHORIZED ITEMS MAY BE DISPUTED.] 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.

There is no option to routinely receive paper copies of Internet Banking transactions. If you with 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 Customer Service Representative.

You should contact us electronically by logging on to Internet Banking and selecting "Contact Us." E-mail should not be used to submit Stop Payment Requests or to send any other confidential information, such as account numbers.