Home Deposit / Business Deposit Agreement and Disclosure Statement
FNBT BANK [hereinafter referred to as the Bank ] has expanded its banking services to allow our customers
[hereinafter referred to as customer(s) ] to utilize the convenience and efficiency of Internet technology, and the parties hereto desire to complete deposit transactions
via the bank’s website at www.fnbt.com. Customer understands that the terms, conditions, instructions and procedures set forth below are in addition to those that apply
to any other accounts that customer currently has with the Bank or any other services customer obtains hereafter from the Bank.
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, FNBT Bank and customer hereby agree as follows:
1. FNBT BANK HOME DEPOSIT/ BUSINESS DEPOSIT
Using our encrypted Home Deposit link posted on our FNBT BANK website you can perform banking transactions
on your computer, by submitting checks via Home Deposit for deposit to your checking or savings account. You must submit all deposit requests in the format as specified.
2. DAILY HOME DEPOSIT CUTOFF AND DEPOSIT CONFIRMATIONS:
Home Deposits are subject to verification, authenticity, and FNBT Bank funds availability policy. Home Deposit
cut-off time is 4:00 CST, Monday through Friday. Home Deposits initiated after 4:00 CST Monday through Friday, will be posted the following business day. Home Deposits
initiated by the customer on a non-business day will be considered to have been initiated the following business day. The customer agrees to destroy the original Home Deposit
item in an appropriate manner once the Home Deposit has been processed by the bank and receipt of Home Deposit Confirmation has been received. The customer also agrees that
they will NOT present or negotiate the original item or a duplicate image of the item for processing to FNBT BANK or any other financial institution. The Bank reserves
all rights to refuse any Home Deposit for any reason and may request that the original item be presented to the bank for processing.
3. LIABILITY FOR FAILURE TO COMPLETE HOME DEPOSIT:
If the bank does not complete a Home Deposit on time or in the correct amount as per the customer’s
request, the Bank will be liable only for the amount of that Home Deposit and the Bank will not be liable for consequential or punitive damages or any other losses
whatsoever that may be incurred by the Customer. If, and only if, the Bank willfully or intentionally neglects to complete a Home Deposit as requested by the Customer,
the Bank will reverse any fees or charges assessed by the Bank against the Customer’s account(s). The bank assumes no liability for any Home Deposit that it has
refused to process.
4. IN CASE OF ERRORS OR QUESTIONS ABOUT TRANSACTIONS COVERED BY THIS AGREEMENT:
Customer must call FNBT BANK at (850)796-2000, Ext 2362 or 2409 or write to FNBT BANK at P.O. Drawer 1327, Fort Walton Beach,
Florida 32549-1327, or email Homedeposit@fnbt.com as soon as possible
if customer needs more information about a Home Deposit covered by this Agreement which is listed on the customer’s statement. The Bank must hear from the customer no later than sixty
(60) days after the Bank sent the first statement on which the problem or error appeared. Information to be included in that notification: Customer’s name and account number; description
of the error, Home deposit customer is unsure of; an explanation, as clearly as customer can relay, as to why customer believes that an error has occurred; and why the customer requires
more information. Tell the Bank the dollar amount of the suspected error. If the customer tells the Bank of the suspected error orally, the Bank shall require that the customer send the
Bank the complaint or question in writing within ten (10) business days. The Bank will tell the customer the results of the Bank’s investigation within ten (10) business days after the
Bank receives the complaint or question and will correct any error promptly. If the Bank needs more time to investigate, the Bank may take up to forty-five (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 investigating period will be
ninety (90) business days instead of forty-five (45) business days and twenty (20) business days instead of ten (10) business days for an extended investigation. If the Bank decides that
there was no error, the Bank will send the customer a written explanation within three (3) business days after the investigation is finished. Customer may ask for copies of the documents
the Bank used in its investigation.
Customer’s Home Deposits will be listed on the monthly statements the Bank provides or makes accessible to its customer.
Customer agrees to notify the Bank within sixty (60) days if customer changes address.
6. LAW THAT APPLIES:
Regardless of where customer lives or works or where customer accesses the Home Deposit services, the 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.
7. 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 sums that either party may be called on to pay, a reasonable sum for the successful party’s attorney fee.
8. 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 will not be limited to, act of God, strikes, lockouts or other industrial disturbances, wars, whether declared or undeclared, blockages, insurrections, riots,
government actions, explosions, fires, floods or any other cause not within the reasonable control of either party.
The terms and conditions governing Home Deposit, including costs and fees, if applicable, may be amended by FNBT BANK
at anytime upon twenty-one (21) 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. FNBT BANK may not immediately respond to E-mail, so you should not rely on E-mail
alone to communicate with FNBT BANK in case of emergency.