Online and Mobile Banking Agreement

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IMPORTANT: TO ENROLL IN OUR ONLINE AND/OR MOBILE BANKING SERVICES (THE “SERVICES”) YOU MUST CONSENT TO RECEIVE NOTICES AND INFORMATION ABOUT THE SERVICES ELECTRONICALLY. YOU MUST HAVE THE ABILITY TO RECEIVE AND RETAIN ELECTRONIC COMMUNICATIONS BEFORE YOU ACCEPT THE TERMS OF THIS AGREEMENT. THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY UTILIZE THE VARIOUS FEATURES OF THE SERVICES, AS MORE FULLY EXPLAINED BELOW. BY CLICKING THE “I AGREE" BUTTON BELOW, YOU CONSENT TO RECEIVE INFORMATION ELECTRONICALLY AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. WE RESERVE THE RIGHT TO PROVIDE INFORMATION ABOUT THE SERVICES TO YOU BY NON-ELECTRONIC MEANS.

This Agreement, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us.  Throughout this Agreement, Atlantic Capital Bank, NA is referred to as “Bank,” “we,” “us,” or “our” (including any other company controlled by us and our respective successors or assigns) and the person or entity using one or more of the Services is referred to as “you,” or “your” (including consumers, sole proprietors and other eligible small businesses) or all such customers if this is a joint account.  This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Please read this carefully and retain it for future reference.  You may access a copy of this Agreement at any time by clicking the “Disclosure” link on our web site.  Your continued use of the Services constitutes your acceptance of the terms and conditions contained in this Agreement.

 

ONLINE AND MOBILE BANKING

The Services are designed to allow you online and mobile access to various features associated with the account(s) you maintain with us.

Security Procedures
The Services have been designed to reduce the possibility of fraud and error by placing the issuance of a user ID and password (the “Access Codes") under your control so that your accounts may be accessed only upon entry of valid Access Codes. You authorize us to treat any instructions made in connection with the Services with valid Access Codes as if the instructions had been made in writing and signed by you. Unless there is substantial evidence to the contrary, our records will be conclusive regarding any access to, or action taken through the Services. You are responsible for maintaining the confidentiality of the Access Codes and you will not allow any person (including another Bank customer or employee) to use the Access Codes. You agree to inform us promptly of any discrepancies that you discover. We will consider any access to the Services through use of valid Access Codes to be duly authorized, and we will carry out any instruction given regardless of the identity of the individual who is actually accessing the system. You confirm that our security systems and controls are commercially reasonable and appropriate for you. When you place an order for a funds transfer, we may follow a security procedure established for your protection that may entail a telephone call or other required contact with or from you prior to acting upon your instructions, but we are not obligated to do so. In certain instances, we may also decline to act upon your instructions. We may employ other controls to verify your identity as a condition to granting access, including the collection and use of data that authenticates you or your computer. You agree to these security procedures, and acknowledge that if contacted, either by telephone or electronically, you will act or respond in compliance with requests resulting from these security procedures and will be bound by any resulting transfer or decision not to act upon your instructions or to deny access to persons purporting to be you.  You agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account(s) and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered, unless we acted in bad faith or to the extent our negligence contributed to the loss.

Notice of Your Liability (Applicable to Consumer Accounts Only)
You must notify us immediately if you believe your Access Codes have been lost, stolen, or otherwise compromised. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account plus the maximum amount available on any associated overdraft lines of credit.  If you tell us within two (2) business days after you learn of the loss or theft of your Access Codes involving a consumer account, you can lose no more than $50.00 if someone used them without your authority.  If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Access Codes, and we can prove that we could have stopped someone from using your Access Codes without your authority if you had told us, you could lose as much as $500.00.  Also, if your statement for a consumer account shows transfers covered by this Agreement that you did not make or authorize, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.

Contact in the Event of Unauthorized Transfer
If you believe your Access Codes for the Services have been lost, stolen, or otherwise compromised, or that someone has transferred or may transfer money from your account without your permission:

Call us immediately at:
(855) 693-7422

Or write us at:
Atlantic Capital Bank, NA
Customer Care Center
P.O. Box 1929
Dalton, GA 30722

Bank Liability (Applicable to Consumer Accounts Only)
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages.  However, there are some exceptions.  We will not be liable, for instance:

  • If you do not have enough money in your account to make the transfer or payment; 
  • If the transfer or payment would go over the credit limit on your overdraft line;
  • If the Services or your personal computer, modem, mobile device, data network or cellular network were not working properly or malfunctioned when you started a transfer or payment;
  • If any information provided by you about the payee is incorrect;
  • If there are any delays in the handling of the payment by the payees;
  • If you were aware the Bank’s proprietary ATM, network cash machine or POS outlet terminal was out of order and you used it anyway;
  • If circumstances beyond our control prevented the proper completion of the transaction, despite reasonable precautions taken by us. Such circumstances include, but are not limited to, fire, flood, tornado, delays in the U.S. Mail, delays caused by the recipient’s policies and procedures, or other uncontrollable circumstances such as power failure or the quality of your internet connection;
  • If funds in your account are subject to legal process or other restrictions prohibiting the transfer, such as garnishment, seizure, or receivership;
  • If it can be shown that the merchant or payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of the Bank or its service providers;
  • If you are attempting to defraud us or we suspect fraud on your account; or
  • If other applicable laws and/or regulations exempt us from liability.

Risk of Loss
In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than the Services to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected. 

Error Resolution Notice
Your account and use of the Services are governed by Regulation E and/or the Disclosures previously provided. In case of errors or questions about your electronic transfers:

Call us at:
(855) 693-7422

Or write us at:
Atlantic Capital Bank, NA
Customer Care Center
P.O. Box 1929
Dalton, GA 30722

Periodic Statements
You will receive a periodic account statement from us for your deposit accounts. The payee name, payment amount, and transaction date will be reflected for each payment made through the Services. You agree to review your periodic statements in accordance with this and any other agreements governing your accounts, including your account terms and conditions, for accuracy of all data transmitted through the Services within sixty (60) days of receipt or when made available.

No Signature Requirements
When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.

New Services
We may, from time to time, introduce new services. We will update this Agreement to notify you of the existence of such new services. By using any new services when they become available, you agree to be bound by the terms contained in this Agreement as it may be changed from time to time.

Notices
You agree that by using the Services, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or the Service may be sent to you electronically to any electronic mailbox we have for you, or at our option, another electronic mail address you provide to us or in any other manner permitted by law and as applicable under the Electronic Signatures in Global and National Commerce Act (E-Sign), and you agree that you will not attempt to circumvent receiving any electronic messages. You are deemed to have received any electronic messages sent to you when they are made available to you. You may print a copy of such communications using the "print" function of your software, or you may request that we mail you a paper copy of such communication by contacting us at the telephone number or address provided herein. Generally, we cannot act on instructions sent by you from an email address alone. If, for any reason your external email address changes or becomes disabled, please contact us immediately so that we may continue to provide you with automated messages. Because we may also use external email to send important notices about service and privacy changes, we require that every Online Banking customer provide us with a valid and current external email address. You are responsible for providing us with a valid email address and you may notify us of any changes to your external email address through our web site or by calling us at (855) 693-7422.

 

BILLPAY SERVICES

Preauthorized Payments Through BillPay
If you set up Online Banking to make regular payments out of your account through the BillPay feature, you can stop any of these payments.  Use your personal computer to access Online Banking and alter both the payment amount and/or the payment date at any time prior to 5:00 p.m. Eastern Standard Time (EST) on the third banking day prior to the scheduled delivery date.  Or you may call us at (855) 693-7422 at any time prior to 5:00 p.m. Eastern Standard Time (EST) on the third banking day prior to the scheduled delivery date. We must receive your request three (3) banking days or more before the payment or transfer is scheduled to be delivered.  If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If you call or write to cancel a payment or transfer that is pending, you will be charged for a stop payment in accordance with the agreement for the appropriate linked account.  Fees will be charged in accordance with any applicable disclosures provided to you by us.

NOTE:  Stop payment orders cannot be placed through Mobile Banking. 

 

PRIVACY AND LIABILITY

Confidentiality
Information about your account(s), transaction(s) or location may be shared if:

  • It is necessary to verify the existence and condition of your account to a third party such as a credit bureau or merchant;
  • It is necessary to comply with a governmental agency or court order;
  • You give us permission, which we may require to be in writing;
  • It is necessary to collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic funds transfer or BillPay service;
  • It is necessary to complete any transaction or feature you are requesting;
  • It involves a claim by or against us concerning a deposit to or a withdrawal from your account;
  • We are required or permitted to do so under state or federal laws and/or regulations; or
  • We must share such information with our affiliates to enable us to provide you faster and better service as well as special products or promotions.

For additional information on our sharing practices, click on the Privacy Statement link provided at the bottom of this web page.

Children’s Online Privacy
These Services are not intended for use by children under the age of 13, and we do not knowingly collect information from these Services from children under the age of 13.

Cancellation
This Agreement will remain in effect until it is terminated by you or us. We may cancel this Agreement and terminate your use of the Services for any reason, at any time. We will try to notify you in advance of any termination by us, but we are not obligated to do so. Termination will not affect your liability under this Agreement for transactions that we have processed on your behalf.  You may terminate this Agreement at any time by calling us at (855) 693-7422, by visiting our bank, or by writing to us at Atlantic Capital Bank, NA, P.O. Box 1929, Dalton, GA 30722. You must notify us within ten (10) days prior to the date you wish to cease access to the Service. We may require you to put your request in writing. If you have scheduled payments within this ten (10) day period, you are required to cancel those payments according to the instructions in the section titled “Preauthorized Payments through BillPay.” You will be responsible for payments with transaction dates during the ten (10) days following our receipt of your written notice of termination if you do not cancel those payments.

Virus and Malicious Code Protection
We are not responsible for any electronic virus or other malicious software that you may encounter. We encourage our customers to routinely scan their personal computers, mobile devices, and storage devices using a reliable virus and spyware product to detect and remove any viruses or other malicious software. Undetected viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

Governing Law
This Agreement and its enforcement shall be governed by the laws of the State of Georgia, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. The account(s), products, and features accessed through these Services shall be governed by all applicable laws and account terms and conditions. We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.

Availability
The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

Assignment
This agreement may not be assigned to any other party by you. We may assign this Agreement or delegate any of our obligations hereunder, in part or whole, to any third-party.

Changes in Terms/Fees
We may at any time change the Services and the terms and conditions governing same, including any fees, whether set forth in this Agreement or disclosed to you separately. You will be notified of any such changes as required by applicable law, either by mail or by an electronic message. You understand that by using the Services after any changes becomes effective, you have agreed to the change(s).  If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. Amendments or changes to terms or conditions may be made without prior notice if they do not result in higher fees, more restrictive service use, or increased liability to you.  You may not change any of the terms and conditions, including any terms and conditions governing fees, without our prior written approval.

Indemnity
You acknowledge and agree that you are personally responsible for your conduct while using the Services and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that we may incur in connection with a third-party claim or otherwise arising out of, or in connection with, this Agreement, the Services, or any actions taken by us pursuant to your instructions, including, but not limited to, your violation of this Agreement or the rights of any third-party (including, any privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.

Obey the Law
You agree not to use the Services for illegal purposes for the transmission of material that is unlawful, harassing, defamatory, invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others. You agree that (1) you will not engage in any activities related to the Services that are contrary to applicable law, regulation or the terms of any agreements you may have with us, and (2) in circumstances where locations of the Services require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your Access Codes or other identifying information to authorized individuals.


Limitation of Liability; No Warranties

EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE WILL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE SERVICES, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER OR DEVICE HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE IN CONNECTION WITH THE SERVICES, ARE PROVIDED ON AN "AS IS", "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE IN CONNECTION WITH THE SERVICES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.

Disputes
In the event of a dispute arising under or relating in any way to this Agreement or to Services provided under this Agreement, you and we agree to resolve this dispute by looking to the terms of this Agreement. If there is a conflict between any statement made by a representative of the Bank and the terms of this Agreement, the terms of this Agreement shall control.

 

BINDING ARBITRATION

YOU HEREBY AGREE THAT ANY DISPUTE OR CLAIM ARISING UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT OR TO THE SERVICES, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE ANY AND ALL CLAIMS ARISING UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT OR TO THE SERVICES, WHETHER ASSERTED AS ORIGINAL OR PRIMARY CLAIMS, COUNTERCLAIMS, CROSS CLAIMS, THIRD-PARTY CLAIMS, OR CLAIMS MADE BY WAY OF INTERPLEADER. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BRING A CLASS ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION AGAINST US TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.


The party filing any claim(s) in arbitration must file its claim(s) before the American Arbitration Association (“AAA”) under the rules of such arbitration administrator in effect at the time the claim(s) was filed. Rules and forms may be obtained and claims made may be filed at American Arbitration Association, 2200 Century Parkway, Suite 300, Atlanta, GA 30345-3203, www.adr.org. Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitrator administrator within the federal district in which you reside at the time the claim is filed, or at some other place to which you and we agree in writing. Judgment upon any arbitration award may be entered in any court having jurisdiction. This binding arbitration provision applies to any claims regarding the validity of any part of this Agreement, including the applicability of this arbitration clause.


This Arbitration Agreement shall survive: (1) cancellation, termination or changes in the Agreement; and (2) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in full force and effect. This provision is governed by all relevant arbitration laws.


Compliance Program Overview
The USA PATRIOT ACT, Public Law 107-56, enhances the anti-money laundering compliance requirements for banks and other financial institutions.  In accordance with Title III of the USA PATRIOT ACT, and applicable federal regulations, we have adopted policies, procedures and controls designed to provide for the continued administration of an anti-money laundering program reasonably considered to assure and monitor compliance with the record keeping and reporting requirements of the Bank Secrecy Act, as amended. The program is reviewed and modified as necessary in response to applicable statutory and regulatory changes. Core features of the anti-money laundering compliance program implemented by us include the following:

  • Board of Directors-approved anti-money laundering policy
  • Designated Bank Secrecy Act and Anti-Money Laundering Compliance Officer
  • Internal Policies and Procedures applicable throughout the Corporation designed to comply with all applicable statutory and regulatory requirements and FATF anti- money laundering standards
  • Detailed Wire Transfer Request Procedures
  • Suspicious Activity Monitoring and Reporting
  • Customer Identification Program
  • Employee Training Program
  • Independent Audit Review
  • Reporting of Large Currency Transactions
  • Office of Foreign Assets Control (OFAC) Monitoring
  • Compliance with Record Retention Requirements
  • Prohibition on Correspondent Accounts with Foreign Shell Banks
  • Cooperation and Information Sharing with Law Enforcement

Notice To Correspondent Account Holders
Pursuant to U.S. regulations issued under Section 311 of the USA PATRIOT ACT, we are prohibited from opening or maintaining a correspondent account for, or on behalf of various entities identified by the United States of America’s Department of the Treasury.

The regulations also require us to notify any correspondent accountholders with our financial institution that their account may not be used to provide these entities with access to our financial institution. If we become aware that these entities are indirectly using the correspondent account you hold at our financial institution, we will be required to take appropriate steps to prevent such access, including terminating your account.

We are committed to complying with applicable laws and regulations targeted at assisting United States authorities in combating money laundering, terrorist financing, and other financial crimes. Additional questions can be directed to the Director of Corporate Compliance, Atlantic Capital Bank, NA, P.O. Box 1929, Dalton, GA 30722 or at (404) 995-6066.