Privacy Policy Statement for INTERNET BANKING
TERMS AND CONDITIONS OF INTERNET
BANKING
(Internet User) Agreement
Service Definitions
“Service” means the Internet
Banking services for Gulf Coast Bank and Trust Company (“Bank”)
offered to personal and business accounts
“Customer” refers to the
person(s) subscribing to or using the Service
“Bill Payment Service” means
the bill payment service offered by Gulf Coast Bank and
Trust Company through CheckFree Services Corporation
“Business Day” is every Monday
through Friday, excluding Federal Reserve holidays
“Hours of Operation” are
9:00am to 5:00pm Monday through Friday
“Scheduled Transfer” refers
to a transfer set up under New Scheduled Transfer
“Express Transfer” refers
to a transfer entered with the Express Transfer option
“Agreement” means these terms
and conditions of the Service
PLEASE READ THIS AGREEMENT
CAREFULLY AND KEEP A COPY FOR YOUR RECORDS
The Customer agrees as follows:
You may use a Personal Computer (“PC”) through an Internet
connection to obtain account balances and transaction information.
You may also use your PC to obtain statements on your accounts,
retrieve images of debit and credit items that have posted
to your account, to transfer money between your accounts,
and enroll in our Bill Payment Service. NOTE: You will be
provided with the Terms and Conditions of the Bill Payment
Service at the time of enrollment. Transfers from your savings
and Money Market accounts are considered pre-authorized
transfers, and pre-authorized transfers are limited to six
(6) per monthly statement cycle by federal regulation.
Your Access ID and PASSWORD
Each individual who has access
to Internet Banking, including each individual named on
joint accounts, must designate an access ID. Each
individual will be assigned a temporary Password and will
be sent notification to the email address provided at registration
with instruction to call the Electronic Banking Department
to receive this password. You will be required to change
this temporary Password when you logon for the first time.
Your password must be a minimum of 6 characters, up to a
maximum of 17 characters, which must consist of at least
two (2) alpha characters and two (2) numeric characters.
You will be required to change your password periodically
to enhance security. Also, in response to the Federal
Financial Institutions Examination Council’s (FFEIC) guidance
regarding Authentication in an Electronic Banking Environment
to add additional security measures to our online banking
services you will also be required to authenticate your
computer. To do this, after logging in for the first time,
you will be required to:
- select a picture from
the image library;
- create a personal description
to the image;
- select challenge questions
and answers; and
- select whether or not
you wish to register the computer you are logged into
as a personal computer (only register personal computers
that you frequently use and that are not available for
public use).
Then, each time you log into
our internet banking site, Gulf Coast Bank will recognize
you and display the image and personal description you selected.
If we don’t recognize the computer you are using to log
in, you will be asked to answer one of the security questions
you previously created. After completion of the steps above,
if you do not see the image you selected, exit the site
immediately and notify the Electronic Banking Department.
Scheduled and Express
Transfers
You may schedule transfers
on the current business day, on a future date, or on the
same date of each month, subject to the restrictions in
the Agreement. Although you can enter transfer information
through the Service twenty-four (24) hours a day, seven
(7) days a week, transfers can be posted only on business
days. Funds will be deducted from your Account on the business
day on which a transfer is to take place. If you direct
the transfer to occur on a day other than a business day,
it will be posted on the following business day. Transfers
must be scheduled by the cut-off time of 6:00pm (CST) on
any business day in order for the transaction to be completed
on that business day. Recurring Scheduled Transfers are
those made for the same amount and are made on a Bi-Weekly,
Weekly, Bi-Monthly, Monthly, Quarterly, Semi-Annually, or
Annually. Once started, recurring transfers will be made
automatically until you tell us to stop the transfer. Express
Transfers will memo-post the transfer to the debit and the
credit account and will post that business day or the next
business day if the Express Transfer is made on a day other
than a business day. All transfers made through the Service
will appear on your monthly Account statement.
OUR LIABILITY FOR FAILURE
TO COMPLETE TRANSACTIONS
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 might be
liable for some of your losses or damages. However, there
are some exceptions. We will not be liable for instance:
- If, through no fault of
ours, you do not have enough money in your account to
make the transfer;
- if the money in your account
is subject to legal process or other encumbrances restricting
transfer;
- if the transfer would
go over the credit limit on your overdraft line (if any):
- if the system was not
working properly when you started the transfer; or
- if circumstances beyond
our control (such as fire or flood or systems failure)
prevent the transfer.
You may contact our Electronic
Banking Department at (504) 565-4640 during our Hours of
Operation to cancel a recurring transfer.
FEES
At this time there are no
fees charged for our Internet Banking Service. Fees may
be established by Bank at any time.
EQUIPMENT
You are solely responsible
for the equipment (including, in the case of Internet Banking,
your personal computer and software) you use to access the
Service. We are not responsible for errors or delays or
your inability to access the Service caused by your equipment.
We are not responsible for the cost of upgrading your equipment
to stay current with the Service nor are we responsible,
under any circumstances, for any damage to your equipment
NOTICE OF YOUR RIGHTS
AND LIABILITIES
The following additional
terms apply whenever you use the Internet Banking Service
to make transfers: to or from a consumer deposit account
via the Internet Banking Service. A consumer account is
one that is used primarily for personal, family or household
purposes; all other accounts are business accounts. If you
perform transactions from business accounts while utilizing
the Internet Banking Service, please refer to the paragraphs
beginning with “ADDITIONAL TERMS APPLICABLE ONLY TO TRANSFER
SERVICES FOR BUSINESS ACCOUNTS” for additional terms applicable
to business transactions. If you perform transactions from
a home equity line of credit account, please see your home
equity line of credit documents for information about your
liability for unauthorized charges.
Security of your transactions
is important to us. Use of the Service will therefore require
a password. If you lose or forget your password, please
call (504) 565-4640 during our Hours of Operation. We may
accept as authentic any instructions given to us through
the use of your password. You agree to keep your password
secret and to notify us immediately if your password is
lost or stolen or if you believe someone else has discovered
your password. You agree that if you give your password
to someone else, you are authorizing them to act on your
behalf, and we may accept any instructions they give us
to make transfers, payments, or otherwise use the Services.
Internet Banking Service enables you to change your password;
we require that you do so regularly. We may be liable for
certain security breaches to the extent required by applicable
law and regulation. We do not assume any other liability
or otherwise guarantee the security of information in transit
to or from our facilities. Please note that we reserve the
right to (1) monitor and/or record all communications and
activity related to the Services; and (2) require verification
of all requested transfers in the manner we deem appropriate
before making the transfer (which may include written verification
by you). You agree that our records will be final and conclusive
as to all questions concerning whether or not your password
was used in connection with a particular transaction. If
any unauthorized use of your password occurs, you agree
to (1) cooperate with us and appropriate law enforcement
authorities in identifying and prosecuting the perpetrator;
and (2) provide reasonable assistance requested by us in
recovering any unauthorized transfer of funds.
If you believe that your
PASSWORD has been lost or stolen or that someone has made
payments, transferred or may transfer money from your account
without your permission, NOTIFY US AT ONCE AT (504) 565-4640
DURING NORMAL BUSINESS HOURS
FOR CONSUMER ACCOUNTS ONLY: Tell
us AT ONCE if you believe your password has been
lost or stolen. Telephoning is the best way of keeping your
possible losses down. You could lose all the money in your
account (plus your maximum line of credit). If you tell
us within two (2) business days, you can lose no more than
$50. If you do NOT tell us within two (2) business days
after you learn of the loss or theft of your password, and
we can prove we could have stopped someone from using your
password without your permission if you had told us, you
could lose as much as $500. Also, if your statement shows
transfers that you did not make, 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 you lost
after the 60 days if we can prove that we could have prevented
someone from taking the money if you had told us in time.
If you believe your password has been lost or stolen or
that someone has transferred or may transfer money from
your account without your permission, call (504) 565-4640
during normal business hours listed above. WE CANNOT
ACCEPT NOTIFICATION OF LOST OR STOLEN PASSWORDS OR UNAUTHORIZED
TRANSFERS VIA E-MAIL.
ERRORS AND QUESTIONS FOR
CONSUMER ACCOUNTS ONLY
In case of errors or questions
about your electronic transactions, if you think your statement
or receipt is wrong, or if you need more information about
a transaction listed on the statement or receipt.
telephone us as soon as you
can at:
(504) 565-4640 9am - 5:00 pm (CST), Monday through
Friday,
or write us at:
Gulf Coast Bank & Trust Company
Attention: Electronic Banking Department
401 Whitney Ave, Suite 313, Gretna LA 70056
We must hear from you no
later than sixty (60) days after we sent you the FIRST statement
on which the problem or error appeared. You will need to:
- tell us your name and
Account number;
- describe the error or
the transaction you are unsure about, and explain as clearly
as you can why you believe it is an error or why you need
more information; an
- tell us the dollar amount
of the suspected error. If you tell us verbally, we may
require you to send us your complaint or question in writing
within ten (10) business days following the date you notified
us. We will determine whether an error occurred within
ten (10) business days ((twenty (20) business days if
the notice of error involves an electronic fund transfer
to or from the account within thirty (30) days after the
first deposit to the account was made)) for the amount
you think is in error, so that you will have use of the
money during the time it takes us to complete our investigation.
If we ask you to put your complaint or question in writing
and we do not receive it within ten (10) business days,
we may not credit your account. If we determine there
was no error, we will reverse the previously credited
amount, if any, and we will send you a written explanation
within three (3) business days after we finish our investigation.
You may ask for copies of the documents we used in our
investigation.
ADDITIONAL TERMS APPLICABLE
ONLY TO BILL PAYMENT AND TRANSFER SERVICES FOR BUSINESS
ACCOUNTS:
Liability for Unauthorized
Transfers or Payments for Business Deposit Accounts Only:
You are responsible for all
transfers and payments that are authorized using your Internet
Banking Service Password. If you permit other persons to
use the Internet Banking Service or your Password, you are
responsible for any transactions they authorize. NOTE: ACCOUNT
ACCESS THROUGH THE INTERNET BANKING SERVICE IS SEPARATE
AND DISTINCE FROM YOUR EXISTING SIGNATURE ARRANGEMENTS FOR
YOUR ACCOUNTS. THEREFORE, WHEN YOU GIVE AN INDIVIDUAL THE
AUTHORITY TO ACCESS ACCOUNTS THROUGHT THE INTERNET BANKING
SERVICE, THAT INDIVIDUAL MAY HAVE ACCESS TO ONE OR MORE
ACCOUNTS TO WHICH THAT INDIVIDUAL WOULD NOT OTHERWISE HAVE
SIGNATURE ACCESS. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT,
UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD.
WE SHALL BE ENTITLED TO RELY ON THE GENIUNENESS AND AUTHORITY
OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH
PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
We shall have no liability
to you for any errors or losses you sustain in using Internet
Banking except where we fail to exercise ordinary care in
processing any transaction. We shall also not be liable
for any failure to provide any service if the account(s)
involved is no longer linked for the Bill Payment and Transfer
Services. Our liability in any case shall be limited to
the amount of any funds improperly transferred from your
Pay From account or From Account less any amount, which,
even with the exercise of ordinary care, would have been
lost.
Without regard to care of
lack of care of either you or us, a failure to report to
us any unauthorized transfer, payment or error from any
of your accounts within sixty (60) days of our providing
or making available to you a bank statement showing such
unauthorized transfer, payment or error shall relieve us
of any liability for any losses sustained after the expiration
of such sixty-day period and you shallthereafter be precluded
from asserting any such claim or error.
Errors and Questions about
Bill Payment and Transfer Services for Business Deposit
Account Only
In case of errors or questions
about your electronic transfers or payments you should contact
us as soon as you can by calling (504) 565-4640 if you think
that your statement is wrong or you need more information
about a transfer or payment listed on the statement. We
must hear from you no later than sixty (60) days after we
sent or otherwise made available to you the FIRST statement
on which the problem or error appeared. Failure to so notify
us will preclude you from being able to assert a claim based
on such problem or error. Any errors reported to us will
be investigated by us and we will advise you of the results
of our investigation.
DISCLOSURE OF ACCOUNT
INFORMATION TO THIRD PARTIES
We may disclose information
to third parties about your account or the transactions
you make:
- where it is necessary
for completing transactions or resolving errors involving
the Services; or
- in order to verify the
existence and condition of your account for a third party,
such as a credit bureau or a merchant; or
- in order to comply with
government agency rules, court orders, or other applicable
law; or
- to our employees, service
providers, auditors, collection agents, affiliated companies,
or attorneys in the course of their duties and to the
extent allowed by law; o
- if you give us your permission
AUTHORIZATION TO OBTAIN
INFORMATION
You agree that we may obtain
and review your credit report from a credit bureau or similar
entity. You also agree that we may obtain information regarding
your Payee Accounts in order to facilitate proper handling
and crediting of your payments.
TERMINATION
If you want to terminate
your access to the Services, call us at (504) 565-4640.
After receipt of your call, we will send a written termination
authorization for your signature and return to us.
We reserve the right to terminate the Services, in whole
or in part, at any time with or without cause and without
prior written notice. In that event, or in the event that
you give us a termination notice, we may (but are not obligated
to) immediately discontinue making previously authorized
transfers, including recurring transfers and other transfers
that were previously authorized but not yet made. We also
reserve the right to temporarily suspend the Services in
situations deemed appropriate by us, in our sole and absolute
discretion, including when we believe a breach of system
security has occurred or is being attempted. We may consider
repeated incorrect attempts to enter you PIN or password
as an indication of an attempted security breach. Termination
of the Services does not affect your obligations under this
Agreement with respect to occurrences before termination.
LIMITATION OF LIABILITY
Except as otherwise provided
in this Agreement or by law, we are not responsible for
any loss, injury, or damage, whether direct, indirect, special
or consequential, caused by the Services or the use thereof
or arising in any way out of the installation, operation,
or maintenance of your PC equipment.
WAIVERS
No waiver of the terms of
this Agreement will be effective, unless in writing and
signed by an authorized officer of the BANK.
ASSIGNMENT
You may not transfer or assign
your rights or duties under this Agreement.
GOVERNING LAW
The laws of the State of
Louisiana shall govern this Agreement and all transactions
hereunder. Customer acknowledges that he/she has reviewed
this Customer Agreement, understands the terms and conditions
set forth herein, and agrees to be bound hereby.
AMENDMENTS
We can change a term or condition
of this Agreement by mailing or delivering to you a written
notice at least thirty (30) days before the effective date
of any such change. We do not need to provide you with any
prior notice where an immediate change in the terms or conditions
of this Agreement is necessary to maintain or restore the
security of our system or an account. However, even in these
cases, if the change is to be made permanent, we will provide
you with a notice of the change with the next regularly
scheduled periodic statement we send you, or within thirty
(30) days, unless disclosure would jeopardize the
security of our system or an account. Notices mailed or
delivered to you under this paragraph will be considered
effective if mailed to the most recent address we show for
you in either our Checking or Savings Account records or
e-mailed to the e-mail address provided by you upon registration
or given by you to a Bank representative.
INDEMNIFICATION
Customer, in consideration
of being allowed access to the Services, agrees to indemnify
and hold the BANK harmless for any losses or damages to
the BANK resulting from the use of the Services, to the
extent allowed by applicable law.
SECURITY PROCEDURES
By accessing the Services,
you hereby acknowledge that you will be entering a protected
web site owned by the BANK, which may be used only for authorized
purposes. The BANK may monitor and audit usage of the System,
and all persons are hereby notified that use of the Services
constitutes consent to such monitoring and auditing. Unauthorized
attempts to up-load information and/or change information
on these web sites are strictly prohibited and are subject
to prosecution under the Computer Fraud and Abuse Act of
1986. Online banking accounts not accessed
during a 90 day period will be deleted from the system.
You will be required to re-register to establish a new
online banking account.
ADDITIONAL SERVICES
Additional services such
as Wire Transfers, Stop Payments, ACH Direct Deposits and
limitations to employee access are available for Business
Customers through our Premier eCorp banking product. Additional
fees may apply. Please contact our Electronic Banking Department
at 504-565-4640 for more information.
Gulf Coast Bank & Trust
Co. reserves the right to update or change this agreement
at any time. |
