FNBanking Online Banking Agreement

This Online Banking Agreement (the “Agreement”) governs the use of First National Bank’s Online Banking service (“FNBanking”).  This Agreement supplements and is part of the Terms and Conditions agreement governing your accounts with us (the “Deposit Agreement”).  If a discrepancy or inconsistency were determined to exist between the terms, conditions and other provisions of this Agreement and your Deposit Agreement, this Agreement will control with respect to FNBanking, but only to the extent necessary to address the discrepancy or inconsistency. 

In this Agreement, the terms we, us, our, FNB, and Bank refer to First National Bank; the terms you and your refer to each person completing the online enrollment form for FNBanking.  If you have any deposit account with the Bank and jointly with any other person or persons, each such person is jointly and severally liable for all transactions initiated through FNBanking, including without limitation overdrafts, even if such person did not initiate, participate in, or benefit from the transaction.  “Business Days” are Monday through Friday, excluding Federal holidays.  “Consumer Account” means an FNB deposit account opened by a natural person for personal, family or household purposes.

Your Agreement to Terms. 
By applying for or using any of our FNBanking services, you agree to abide by the terms and conditions of this Agreement.  Your use of any FNBanking service in connection with your FNB deposit account (“FNB Account”) constitutes your acceptance and agreement to be bound by all of the terms and conditions of this Agreement, including without limit the charges that may be imposed for electronic fund transfers or the right to make transfers as listed in our Fee Schedule.  Such use acknowledges your receipt and understanding of this Agreement.  New services may be introduced for FNBanking from time to time.  By using those new services when they become available, you agree to be bound by the rules that will be made available to you concerning those services.

Subscribing to FNBanking.
To subscribe to FNBanking, you must maintain at least one deposit account with the Bank, complete the online enrollment form, and agree to the terms of this Agreement.  To complete the online enrollment form you must complete all required fields as indicated on the form.  The Bank reserves the right to deny any person the ability to access FNBanking, to limit access or transactions, or to revoke your access to FNBanking without advance notice to you. 

After you have completed and submitted your online enrollment form, we will assign you a password needed to access FNBanking.  The next time you sign on, you will be asked to change your password.  For your protection, we highly recommend that change the password that we have assigned to you.  Before you may use FNBanking, you then must read this Agreement and accept its terms by clicking on the “I Agree” box on your screen.   

Fees and Charges.
You are responsible for paying any fees associated with FNBanking as outlined within this agreement as well as any fees that may be assessed by your Internet Service Provider and for any telephone charges or fees incurred by accessing FNBanking.

Available Services.  As a FNBanking customer, you can conduct the following activities and transactions, subject in all cases to this Agreement:

• View the available balance for all of your FNB Accounts; this balance may not reflect recent transactions if they have not yet posted to your account;
• For all of your FNB Accounts, view all transaction information relating to transactions for the prior 180 days; this information may not reflect any recent transactions that have not yet posted to your account;
• Transfer funds among your designated FNB Accounts;
• Make bill payments;
• Request stop payments on checks drawn on your FNB Account(s); and
• Send electronic mail to the Bank.  Please note:  Although you maybe able to send the Bank e-mail, you will never receive e-mail from the Bank (except through Mobile Banking if you are registered for that service and request email alerts).

For all new FNBanking customers after March 1, 2013, you also can conduct the Mobile Banking activities and transactions described below.  For customers who signed up for FNBanking before this date, you will first need register for Mobile Banking on our website at www.FNBWaynesboro.com. 

Bill Payment. As a FNBanking Customer, you also may elect to make electronic bill payments from your FNB Accounts (the “Bill Payment Service”).  You would make this election on our web site in our FNBanking area.  However, the Bill Payment Service is provided by CheckFree, a company that is not affiliated with or otherwise part of the FNB organization. We therefore will have no responsibility or liability to you for that Bill Payment Service.  CheckFree will provide you a separate terms and conditions agreement governing your bill payments through them.  If you call us at 706-554-8100 concerning the Bill Payment Service we can attempt to help you address any questions, but most concerns will need to be addressed by CheckFree, by calling 1-800-877-8021. 

Instructions from You/Your Responsibilities. We are entitled to act upon instructions received through any FNBanking service under your Username and Password and without inquiring into the identity of the person using that Username and Password. You agree that you will not under any circumstances disclose your Password by telephone or any means to anyone, including anyone claiming to represent the Bank.  The Bank’s employees do not need and should not ask for your Password.  If, despite this agreement and the Bank’s advice, you give your Password to anyone, you do so at your own risk because anyone to whom you give your Password or other means of access will have full access to your account(s) even if you attempt to limit that person’s authority.  You hereby release the Bank from any liability and agree not to make any claim or bring any action against the Bank for honoring or allowing any actions or transactions where you have authorized the person performing the actions or transactions to use your account(s) and/or you have given your Password to such person, or, in the case of a jointly held account, such person is one of the Account owners.  You agree that if you give your Username and Password to anyone or fail to safeguard its secrecy, you do so at your own risk. You agree to notify the Bank immediately in the event that your Password is lost, stolen, or otherwise compromised. At any time, you may ask the Bank to disable your Password and issue a new one to you.

Our Responsibilities.  The Bank shall be responsible only for performing services expressly provided for in this Agreement, and shall not be liable for any error or delay, so long as the Bank acted in accordance with the terms and conditions hereof.  The Bank shall not be liable if you do not have sufficient funds in a designated account to complete the transaction you initiate or if the account is closed.  The Bank shall not be liable if you have not given it complete, correct or current transfers or payment instructions or if you have not followed proper instructions given through FNBanking.  The Bank shall not be responsible for any loss, damage, liability, or claim arising, directly or indirectly, from any error, delay or failure in performance of any of its obligations hereunder which are caused by fire or other natural disaster, strike, civil unrest, any inoperability of communications facilities or any other circumstances beyond the control of the Bank.

Joint Accounts.   Each person on a joint account will be jointly and severally liable for all transactions that are made on the account through any FNBanking service. Each person on a joint account authorizes all transactions made by any other person on the account through, or when using, FNBanking services, and each person on a joint account agrees to be liable for the actions of the other person(s) on the account.

Fund Transfers; Cut-Off and Processing Times.  Funds transferred between accounts initiated on your computer using FNBanking’s Express Transfer option and received by the Bank by 4:00 p.m., Eastern Time, on a Business Day will be processed on the current Business Day.  Funds transferred between Accounts initiated on your computer using FNBanking’s Express Transfer option and received on a non-Business Day or after 4:00 p.m., Eastern Time, on a Business Day Monday through Friday or all day Saturday, Sunday and banking holidays will be effective the following Business Day.  Scheduled transfers will be processed and made effective on the following Business Day.  For a transfer of funds to be effective on the current Business Day, please use the Express Transfer option before 4:00 p.m., Eastern Time, on a Business Day.

Stop Payments.  You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time.  To be effective, your stop-payment order must precisely identify the number, date and amount of the item, and the payee.

Electronic Mailing to the Bank.  Electronic mail to the Bank may be delayed; therefore, if you need the Bank to receive information concerning your FNB Account immediately, you must contact the Bank in person or by telephone (i.e. to report a lost or stolen ATM card, to report unauthorized us of your Account, etc.).  The Bank shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.

Periodic Statements. The Bank will mail to you periodic statements for you FNB Accounts as disclosed in your Deposit Agreement.  The Bank will include any transfers you authorize through FNBanking on your statements.  You agree to review your periodic statements in accordance with this Agreement and your Deposit Agreement for accuracy of all data transmitted through FNBanking.  You should promptly notify the Bank of any discrepancies, including but not limited to, any errors or inaccuracies related to data transmitted by FNBanking. 

Indemnification.  You hereby indemnify and release the Bank, and the Bank’s employees, officers, directors, and agents, from any and all liability, and you agree not to make any claim against the Bank or bring any action against the Bank honoring or allowing any actions or transactions in which you have authorized the person performing the action or transaction to use your account or when you have provided your Username and Password to that person. You agree to reimburse the Bank for any losses it suffers or any damages, injuries, costs, or expenses it incurs (including attorney’s fees), as a result of the Bank’s honoring or allowing transactions on the account in which the Username and Password were used. The limitations of liability set forth in this Agreement are subject to, and limited by, any state or federal law to the contrary.

Changes in Terms.   We have the right to modify or terminate this Agreement or the Deposit Agreement at any time. When making changes, we will comply with all applicable legal notice requirements. If this Agreement is modified, your continued use of FNBanking services will constitute your acceptance of the changes.  Once this Agreement is terminated, we will not allow any additional transactions on the account, nor will additional FNBanking services be permitted.

MOBILE BANKING TERMS.  All customers signing up for FNBanking on or after March 1, 2013  will receive the Mobile Banking services described below if you accept them when signing up for FNBanking.  If you signed up for FNBanking before this date, you will need to register for Mobile Banking on our website at www.FNBWaynesboro.com  in order to receive Mobile Banking services. 

A.  Registering for Mobile Banking.  If you are a current FNBanking customer as of April 30, 2013, or if you became a FNBanking customer after that date and did not register for the Mobile Banking service,  you may add Mobile Banking services to your FNBanking services by registering online at www.FNBWaynesboro.com .  By clicking “I Agree” when you register for Mobile Banking Services (“Mobiliti™”) or by using Mobile Banking, you agree to these Mobile Banking terms and conditions.

B.  Description of Mobile Banking Services.

You may use your mobile telephone or similar mobile device (“Mobile Device”) to access the Mobile Banking services to:
(i) access First National Bank account information such as balances and recent transaction history;
(ii) transfer funds between your accounts at First National Bank;
(iii) set up optional account alerts to be delivered either to your Mobile Device using sms text messaging (standard text rates apply), and/or via email;
(iv) make payments to merchants and individuals who have previously consented to accept payments through our online bill pay service; and
(v) locate all First National Bank locations and ATMs.

Not all Mobile Banking services are available on all types of Mobile Devices. Our FNB Anywhere app is only available on IPhones and Android Phones.  Text messaging (standard text rates apply) and web browser is available on a host of other Mobile Devices.  We reserve the right to modify the scope of the Mobile Banking services at any time.  We reserve the right to refuse to make any transaction you request through Mobile Banking.  You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.

C.  Mobile Software Application and Use of Mobile Banking.

We will provide you with the software application (“Software”) that you can download, install and use to access Mobile Banking using your Mobile Device.  You are responsible for providing and maintaining the Mobile Device that is necessary for the Mobile Banking services.  Any equipment or software that you obtain from a third party is at your sole discretion and must conform to our Mobile Banking specifications and requirements. 

Mobile Banking will not work unless you use it properly.  You accept responsibility for making sure that you understand how to use Mobile Banking before using, and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you. From time to time we may change, upgrade, or add new features to Mobile Banking.
In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Software. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Mobile Device.

Mobile Banking is accessed through a Mobile Device and wifi, network or mobile connection to access banking information and services.  You may generally access certain accounts through the mobile browser and receive certain information through text messaging under Mobile Banking, using an electronic device and network connection.  You are responsible for obtaining an encrypted browser capable of a sufficiently high level of encryption to meet the systems requirements we establish from time to time.  You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such internet service provider and any associated communications service provider charges.  We are not responsible for any internet or mobile access services.

You are responsible for maintaining the confidentiality and security of your Mobile Device, access passwords, account numbers, sign on information, and any other security or access information used by the service.  You are also responsible for preventing unauthorized access to your Mobile Device.

D.  Your Mobile Device and Other Equipment.  We assume no responsibility for any defects or incompatibility of any Mobile Device or other equipment that you use in connection with our Mobile Banking, even if we have previously approved their use.  At our election, we may replace or repair the Software.  We assume no responsibility for any errors, failures, or malfunctions of your Mobile Device, or for any virus or related problems that you may occur in connection without your use of this Mobile Banking service. 

E.  Limits on Transactions.  We reserve the fight to impose limits on the dollar amount or number of transfers that you may make using Mobile Banking.  These limits are in addition to any limits that may apply to your account as described in your Account Agreement. 

F.  Relationship to Other Agreements.

You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us and our affiliates.  You also agree that you will continue to be subject to your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, Verizon, Sprint, T-Mobile, Alltel, etc.), and that this agreement does not amend or supersede any of those agreements.  You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Mobile Device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions.  You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking.  Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us.  You also agree that if you have any problems with Mobile Banking, you will contact us directly.

G.  Mobile Banking Software License Agreement

                1.  License.  Subject to any compliance with these Mobile Banking terms, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license (“License”) to download, install and use the Software on your Mobile Device within the United States and its territories.  In the event that you obtain a new or different Mobile Device, you may be required to download and install the Software to that new or different Mobile Device. 

                2.  License Restrictions/Revocation.  This License shall be revoked immediately upon any of the following conditions,
(i) your termination of Mobile Banking;
(ii) your deletion of the Software from your Mobile Device;
(iii) your noncompliance with this Agreement;
or (iv) written notice to you at any time, with or without cause.
In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your Mobile Device and/or discontinue use. We and our service providers (which includes, without limitation, any provider of Software such as Fiserv) reserve all rights not granted to you in this Agreement.

                3.  Software.     The Software shall be used solely in connection with Mobile Banking and may not be used by you for any other reason.  You may not grant any sublicenses to the Software.  You agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Software, (ii) copy or reproduce all or any part of the technology or Software, or (iii) interfere, or attempt to interfere with the technology or Software. The Software does not include various third party operating systems and applications that will be required to use the Software.  You will be solely responsible for such third party software. You acknowledge that the Software contains trade secrets and other proprietary and confidential information, whether or not the Software contains any copyright or other proprietary notice.  You agree to take commercially reasonable precautions to protect the confidentiality of the Software.  You (a) will not print, copy, or duplicate any portion of the Software, (b) will not alter any copyright notices on the Software, (c) will not make the Software available in any form to anyone except your agents for purposes specifically related to your authorized use, (d) will take appropriate action with any persons permitted access to the Software to inform them of the confidential nature thereof and to obtain their compliance with the terms of this Paragraph, (e) only will use the Software for your personal use and not for the benefit of any other person or entity, and (f) will comply with all of our procedures and requirements for use of the Software.  The provisions of this Paragraph will survive termination of this Agreement.

H.            Your Mobile Banking Obligations

When you use Mobile Banking to access accounts you designate during the registration process, you agree to the following:

                1. Account Ownership/Accurate Information.   You represent that you are the legal owner of the accounts and other financial information that may be accessed via Mobile Banking.  You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information. You also agree not to misrepresent your identify or your account information.  You agree to keep your account information up to date and accurate.  You agree that we and our service providers may send you, by sms text message, e-mail, and other methods, communications relating to Mobile Banking (with an opportunity to opt-out), including without limitation welcome messages, information and requests for information relating to use of Mobile Banking and other FNBanking services.  You agree to use Mobile Banking carefully, to keep your password confident and secure and not share it with others, to check your statements and transactions regularly, to report any errors to us promptly by calling us at 706-554-8100, and to cancel immediately your participation in Mobile Banking if you observe any material errors in the mobile Banking Services.

                2.  Location-Based Information.  If you use any location-based feature for Mobile Banking you agree that your geographic location and other personal information may be accessed and disclosed through Mobile Banking.  If you wish to revoke access to such information you may cease using location-based features of Mobile Banking.

                3.  Export Control.  You acknowledge that the Software is subject to the United States (U.S.) government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Software.  You agree that you will not directly or indirectly use, export, re-export, or transfer the Software except in compliance with applicable U.S. export laws and regulations.  Without limitation, you agree that you will not use Mobile Banking in any embargoed or sanctioned country.

                4.  Proprietary Rights.   You are permitted to use content delivered to you through Mobile Banking only on Mobile Banking.  You may not copy, reproduce, distribute, or create derivative works from this content.  Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other mobile phone applications associated with Mobile Banking.

                5.  User Conduct.  You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would:  (a) infringe any third-party copyright, patents, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.

                6.  No Commercial Use or Re-Sale.   You agree that the Mobile Banking services are for personal use only.  You agree not to resell or make commercial use of Mobile Banking.

                7.  Indemnification.   You agree to indemnify, defend, and hold us and our affiliates and service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of Mobile Banking, your violation of this Agreement, your violation of applicable federal, state or local law, regulation or ordinance, or your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone. 

I.  Charges for the Mobile Banking Service; Your Wire Carrier.

The Bank currently charges no fees to use the Mobile Banking service.  However, your wireless carrier may impose standard text rates and other fees apply depending on your agreement with your wireless carrier.    If the Bank decides to charge you fees for Mobile Banking in the future, we will advise you prior to implementing such fees. You authorize us to automatically charge your account for all such fees incurred in connection with Mobile Banking.  In the future, we may add to or enhance the features of Mobile Banking.  By using such added or enhanced features, you agree to pay for them in accordance with our Schedule of Fees.

J.  Mobile Banking Services Limitations.

                1.  Neither we, nor any of our service providers, including Fiserv, can always foresee or anticipate technical or other difficulties related to Mobile Banking.  These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions. 

                2.  Neither we, nor any of our service providers, including Fiserv, assume responsibility for any disclosure of account information to third parties, the timeliness, deletion, misdelivery or failure to store any user data, communications, or personalization settings in connection with your use of Mobile Banking.

                3.  Neither we, nor any of our service providers, including Fiserv, assume responsibility for the operation, security, functionality or availability of any Mobile Device or mobile network that you utilize to access Mobile Banking.

                4.  You agree to exercise caution when utilizing the Mobile Banking application on your Mobile Device and to use good judgment and discretion when obtaining or transmitting information. 

                5.  Information about activity is synchronized between the Mobile Banking Software and our Website. Transfer and payment information available via the Mobile Banking software may differ from the information that is available directly through our website.  Information available directly through our website may not be available via the Mobile Banking software, may be described using different terminology, or may be more current that the information available via the Mobile Banking software, including but not limited to account balance information.  The method of entering instructions via the Mobile Banking software also may differ from the method of entering instructions through our website.  We are not responsible for such differences, whether or not attributable to your use of the Mobile Banking software.  Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

K.  Changes or Cancellation.

You may cancel your participation in Mobile Banking by calling us at 706-554-8100.  We reserve the right to change or cancel Mobile Banking at any time without notice.  We may also suspend your access to Mobile Banking at any time without notice and for any reason including but not limited to, your non-use of Mobile Banking services.  You agree that we will not be liable to you or any third party for any modification or discontinuance of Mobile Banking.

L.   Use of Data.

We, and our service providers, will use information you provide for purposes of providing the Mobile Banking Services and to prepare analyses and compilations of aggregate customer data that does not identify you (such as the number of customers who signed up for Mobile Banking in a month).

M.  Third Party Beneficiary.

You agree that our service providers may rely upon your agreements and representations in this Agreement, and such service providers are third party beneficiaries to this Agreement, with the power to enforce its provisions against you.

N.  Limitations and Warranty Disclaimers. 

We and our service providers disclaim all warranties relating to the Mobile Banking services or otherwise in connection with this Agreement, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised or, or have reason to know of, the possibility of such damages. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except to the extent prohibited by applicable banking regulations, under no circumstances will the total liability of us or our service providers to you in connection with the Mobile Banking services or otherwise under this Agreement exceed $5,000.

Electronic Funds Transfers
Your Rights and Responsibilities

The following Electronic Funds Transfer Disclosure and Agreement replaces in its entirety the Electronic Fund Transfers Agreement included with your Deposit Agreement.  As noted below as appropriate, certain of these provisions apply only to “Consumer Accounts,” meaning FNB deposit accounts opened by a natural person for personal, family or household purposes.

Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account.  Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed.  You should keep this notice for future reference. 

• Electronic Funds Transfers Initiated by Third Parties.  You may authorize a third party to initiate electronic funds transfers between your account and the third party’s account.  These transfers to make or receive payment may be one time occurrences or may recur, as directed by you.  These transfers may use the Automated Clearinghouse (ACH) or other payments network.  Your authorization to the third party to make these transfers can occur when the merchant posts a sign informing you of their policy.  In all cases, the transaction will require you to provide the third party with your account number and bank information.  This information can be found on your check as well as on a deposit or withdrawal slip.  Thus, you should only provide your Bank and Account information (whether over the phone, the Internet, or some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:
• Preauthorized credits - You may make arrangements for certain direct deposits, such as U.S. Treasury (Social Security) or some employers (payroll), to be accepted into your checking or savings account(s).
• Preauthorized payments - You may make arrangements to pay certain recurring bills from your checking account(s).
• Electronic Check Conversion – You may provide your check to a merchant or service provider who will scan the check for the encoded bank and account information.  The merchant or service provider will then use this information to convert the transaction into an electronic funds transfer.  This may occur at point of purchase or when you provide your check by other means such as by mail or drop box.
• Electronic Returned Check—Some merchants or service providers may initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.
• First Connection Telephone Transfers - types of transfers - You may access your account by telephone 24 hours a day at 706-437-9300 using a touch tone phone your account numbers and your password to:

• Transfer funds between your FNB checking and savings accounts.
• Transfer funds between your FNB checking account to another of your FNB checking accounts
• Transfer funds between your FNB checking account to your FNB money market deposit account.
• Transfer funds between your FNB money market deposit account to another of your FNB money market deposit accounts.
• Transfer funds between your FNB money market deposit account to your FNB checking account.
• Transfer funds between your FNB savings account to another of your FNB savings accounts.
• Make payments from your FNB checking accounts to your loan accounts with us.
• Make payments from your FNB money market deposit account to your loan accounts with us.
• Get information about the account balance of your FNB checking or savings accounts. 
• Request stop payments on checks drawn on your First National Bank account(s).

ATM Transfers – types of transfers and dollar limitations - You may access your FNB deposit account(s) by ATM using your FNB ATM card and personal identification number or debit card and personal identification number to:

• Make deposits to your FNB checking or savings accounts.
• Get cash withdrawals from FNB checking account(s) or savings account(s)
• You may withdraw no more than $500.00 per day with an ATM card or non-photo debit card
• You may withdraw no more than $750.00 per day with a photo debit card
• Transfer funds from your FNB savings account(s) to your FNB checking account(s).
• Transfer funds from FNB checking account(s) to your FNB savings account(s).
• Get information about the account balance of your FNB checking or savings accounts.

Some of these services may not be available at all terminals.  Other transfer limitations may apply to your FNB accounts, as disclosed to you in your Deposit Agreement.

Types of Debit Card Point-of-Sale Transactions – If you were provided a debit card for your account, you may use it to access your FNB checking account(s) to purchase goods (in person, online or by phone), pay for services (in person, online or by phone) get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept with a debit card.

Point-of-Sale Transactions - dollar limitations and charges - Using your card:

• You may not exceed $750.00 in transactions per day with a non-photo debit card
• You may not exceed $1,500.00 in transactions per day with a photo debit card
• Limited to 20 transactions per day

Advisory Against Illegal Use. You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.

Currency Conversion and International Transactions.  When you use your Visa-branded debit card at a merchant that settles in currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is either:

• A rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa receives, or
• The government-mandated rate in effect for the applicable central processing date

The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date.

Non-Visa Debit Transaction Processing.  We have enabled non-Visa debit transaction processing.  This means you may use your Visa-branded debit card on a PIN-Debit Network* (a non-Visa network) without using a PIN.  The non-Visa debit networks for which such transactions are enabled are:  STAR Network.  Examples of the types of actions that you may be required to make to initiate a Visa transaction on your Visa-branded debit card include signing a receipt, providing a card number over the phone or via the Internet, or swiping the card through a point-of-sale terminal.  Examples of the types of actions you may be required to make to initiate a transactions on a PIN-Debit Network include initiating a payment directing with the biller (possible via telephone, Internet, or kiosk locations), responding to a logo displayed at a payment site and choosing to direct payment through that network, and having your identity verified using known information derived from and existing relationship with you instead of through use of a pin.  The provisions of your agreement with us relating to only Visa transactions are not applicable to non-Visa transactions for example, the additional limits on liability (sometimes referred to as Visa’s zero –liability program) and the streamed lined error resolution procedures offered on Visa debit card transactions are not applicable to transactions processed on a pin-debit network.  *Visa Rules generally define PIN-Debit Network as a non-Visa debit network that typically authenticates transactions by use of a personal identification number (PIN) but that is not generally known for having a card program. 

Online Banking (FNBanking) - types of transfers - You may access your FNB account(s) by computer using your user ID, your password, and Internet access to www.fnbwaynesboro.com to make the following types of transfers:

• Transfer funds from one of your FNB deposit accounts to another of your FNB deposit accounts, excluding certificates of deposit;
• Make payment from your FNB account(s) and savings account(s) to your loan account(s) with us; and
• Make bill payments from your FNB checking account(s).

You also may use FNBanking to:

• Request stop payments on checks drawn on your FNB account(s).
• Get information about:
• The available balance for all of your FNB accounts; and
• For all of your FNB accounts, all transaction information relating to transactions for the prior 180 days.

Mobile Banking – types of transfers – If you have registered for our Mobile Banking service, you may use your telephone or similar mobile device to make the following types of transfers:   

• Transfer funds from one of your FNB deposit accounts to another of your FNB deposit accounts, excluding certificates of deposit;
• Make individual (one at a time) payments from your FNB account(s) and savings account(s) to your loan account(s) with us; and
• Make individual (one at a time) bill payments from your FNB checking account(s).

You also may use the Mobile Banking service to:

• Get information about your FNB accounts, such as balances and recent transaction histories; and
• Set up optional account alerts to be delivered either to your Mobile Device using sms text messaging (standard text rates imposed by your wireless carrier apply) and/or via email to you; and
• Locate all FNB locations and ATMs

FEES

• We do not charge for direct deposits to any type of FNB deposit account.
• We will charge you $5.00 to issue a photo debit card.
• We will charge you $5.00 for a replacement non-photo debit card or $7.00 for a replacement photo debit card.
• We charge $1.00 for each foreign ATM usage.
• We charge $.50 for each Bill Pay transaction in excess of 15 per month.
• We charge an additional $20.00 NSF fee for each payment issued through FNBill Pay that is insufficient.

Please refer to a separate fee schedule for additional information about fees.  Except as indicated elsewhere, we do not charge for these electronic fund transfers.  If you use our Mobile Banking services to receive alerts, your wireless carrier may impose standard text rates.

ATM Operator/Network Fees.  When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used to complete the transfer (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

DOCUMENTATION

• Terminal transfers. You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines or point-of-sale terminals.
• Preauthorized credits.  If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 706-554-8100 or access FNBanking online at www.fnbwaynesboro.com to find out whether or not the deposit has been made.
• Periodic statements. 

You will get a monthly account statement from us for your FNB checking and money market accounts. 
You will get a monthly account statement from us for your other savings account (other than money market), unless there are no electronic fund transfers in a particular month.  In any case, you will get a statement at least quarterly. 

PREAUTHORIZED PAYMENTS

• Right to stop payment and procedure for doing so.  If you have told us in advance to make regular payments out of your account, you can stop any of these payments.  Here is how:
  
  Call or write us at the telephone number or address listed in this brochure in time for us to receive your request 3 business days or more before the payment is scheduled to be made.  If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.  We charge $28.00 for each stop payment.
• Notice of varying amounts.  If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be.  (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
• Liability for failure to stop payment of preauthorized transfer.  If you have a Consumer Account and you order us to stop one of these payments from such account 3 business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.

Liability for Failure to Make Transfer
If a transfer you request relates to your Consumer Account: if we do not make the transfer that you requested on time subject to this Agreement, or we do not make a transfer in the correct amount according to your instructions given in accordance with this Agreement, we will be liable for your proximate caused damages. However, there are some exceptions. We will not be liable with regard to any Deposit Account or FNBanking transaction if, for instance:

• If, through no fault of ours, you do not have enough available funds in your FNB Account to make the transfer;
• If circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or a natural disaster) prevent or delay the transaction despite reasonable precautions taken by us;
• If you have an overdraft line and the transfer would go over the credit limit.
• If the automated teller machine where you are making the transfer does not have enough cash.
• If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
• There may be any other exceptions stated in our agreement with you.

Without limiting the foregoing, the Bank also shall not be liable for late charges, interest, penalties or other amounts incurred by any depositor for the depositor's failure to allow sufficient time for processing of any transfers so long as the Bank has complied with the provisions of this Agreement.

Unless otherwise required by Law, the Bank will not be liable to you under any circumstances for special, indirect, or consequential damages, including, without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages.

CONFIDENTIALITY
We will disclose information to third parties about your account or the transfers you make:
(1)  where it is necessary for completing transfers; or
(2)  in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
(3)  in order to comply with government agency or court orders; or
(4)  you give us permission; or
(5)  as explained in the separate Privacy Disclosure.

UNAUTHORIZED TRANSFERS
(a) Your liability.

• Generally.  Tell us AT ONCE if you believe your card and/or code has been lost or stolen.  Telephoning is the best way of minimizing your possible losses.  You could lose all the money in your account (plus your maximum overdraft line of credit). 
  
  If the loss or theft relates to your Consumer Account and you tell us within 2 business days, you can lose no more than $50 if someone used your card and/or code without your permission.  (If the loss or theft relates to your Consumer Account and you believe your card and/or code has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card and/or code to access your Consumer Account without your permission.) 
  
  If the loss or theft relates to your Consumer Account and you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code 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 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 stopped someone from taking the money if you had told us in time.
  
  If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.

• Additional Limit on Liability for Visa®-branded Debit Card.  Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa®-branded Debit Card.  This additional limit on liability does not apply to ATM transactions, to transactions using your Personal Identification Number which are not processed by Visa®, or to cards issued for accounts that are not Consumer Accounts.

 (b) Contact in event of unauthorized transfer.  If you believe your card and/or code have been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this brochure.

ERROR RESOLUTION NOTICE
In case of Errors or Questions About Your Electronic Transfers.  If you think your statement or receipt is wrong, call or write us at the telephone number or address listed in this brochure as soon as you can.  We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. 

• Tell us your name and account number (if any).
• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

Contact by phone:
First National Bank’s Bookkeeping Department at 706-554-8100

Or write to:
First National Bank, P.O. Box 647, Waynesboro, GA 30830

The following applies only to Consumer Accounts.

• We will determine whether an error occurred within 10 business days (5 business days for Visa®-branded Debit Card point-of-sale transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question.  If we decide to do this, we will credit your account within 10 business days (5 business days for Visa®-branded Debit Card point-of-sale transactions and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the 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 10 business days, we may not credit your account.  Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

• We will tell you the results within 3 business days after completing our investigation.  If we decide that there was no error, we will send you a written explanation.
  
  You may ask for copies of the documents that we used in our investigation.

I ACCEPT          |          I DECLINE