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Sanibel Captiva Community Bank
ONLINE BANKING AGREEMENT

Effective February 2007

This is the agreement for your Sanibel Captiva Community Bank On-Line Banking and it includes certain disclosures for electronic fund transfers. This agreement is in addition to other agreements between us, including your checking, savings, and other deposit and/or loan account agreements (These have been provided separately.). If there is a conflict between the terms and conditions of this agreement and one contained in other agreements between us, this agreement will govern.

In this agreement, the words "we," "us", "our", and "bank" mean Sanibel Captiva Community Bank and its successors or assigns. "Service Provider" refers to any third party acting on behalf of bank to provide On-Line Banking or Bill Pay services. When we use the words, "you" or "your" we mean each person who has an interest in an account or other relationship that is accessible through Online Banking and any person authorized such access. "On-Line Banking" refers to information, communication and transactions provided to you by us through any non-branch remote channel, including the Sanibel Captiva Community Bank website, www.sancapbank.com ("Site"), within our area of service, including, but not limited to, account information, funds transfers and bill payments, check inquiry and check reorder for account(s) established at a branch or any products or online services offered by or through the bank.

When you use On-Line Banking or you permit any other person to use On-Line Banking, you agree to the terms and conditions we have set out in this agreement and any instructional material which we provide you regarding Online Banking. Your use of On-Line Banking may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications that are acceptable to us. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.

  1. Equipment and Software
    A personal computer, modem (collectively, Equipment), Web Browser software, and an Internet access account (collectively, Software) are required to access Online Banking.
  2. Account Access
    Except as herein otherwise provided, Identified Accounts are Sanibel Captiva Community Bank personal or non-personal accounts that have been elected by the customer for addition to On-Line Banking. They can be comprised of the following account types: checking, savings, loan products and time deposits.

    To have access to Online Banking, you must be an authorized user of the Software you select, if required, for use with the Equipment.  You must be at least 18 years of age.  You must also have at least one Identified Account with us. ALL IDENTIFIED ACCOUNTS HAVING THE SAME SOCIAL SECURITY OR TAX IDENTIFICATION NUMBER (TIN) MAY BE ACCESSIBLE TO ALL PERSONS WHO CAN ACCESS ANY ONE OF THESE ACCOUNTS USING ONLINE BANKING. If you have more than one loan or deposit account under the same social security or TIN, they can be added to your On-Line Banking access if you request it. Any signer, acting alone, is authorized to access any of the grouped accounts. Any accounts not included in the group will not be accessible through Online Banking. If you close any Identified Account with Online Banking access, that access will end and all unprocessed Bill Pay transactions will be cancelled.
  3. Passwords
    During your enrollment for Online Banking, you will be required to determine a unique password. Use of this password is the required security procedure to access Online Banking through any Equipment. By use of the Online Banking product, you agree that this is a satisfactory and acceptable security method. You agree to keep this password confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of Online Banking. For security purposes we require that you do not use the same password that you use on other bank products such as the automatic teller machine.
  4. Available Services
    All Identified Accounts having the same social security or TIN are accessible by anyone having your access ID and your password. Those persons are allowed access to the following Online Banking features after entering your password:

    a. Online Banking
    i. Account Information You may obtain an account summary, interim statements and other certain information about your Identified Account(s) at the Online Banking site.
    ii. Funds Transfers You may use your computer to transfer funds among any of your Identified Account(s). All accounts which have the same social security or TIN, and which have not been excluded from Online Banking may be accessed for funds transfer by all persons who have your access ID and password without regard to whether or not those persons can sign on one or more of those accounts. If you are transferring funds between your Identified Accounts using Online Banking you will be required to provide a user ID and password. Transfers made after 4:30 PM Eastern Time on a business day will be processed on the next business day.
    b. Quicken/Quickbooks/Microsoft Money
    i. Account Information You may download your Identified Account information into your Quicken, Quickbooks, or Microsoft Money software. All that you will be required to provide is your social security or TIN and your password to access your account information.
    c. Bill Pay Set-up Anyone having access to your Online Banking accounts can set up Bill Pay Services through Online Banking. A request to schedule Bill Pay transaction for a new payee must be received at least 10 business days in advance of the payment date. Using the Bill Pay service, you may only pay established payees with United States Postal Service addresses. While payments to most payees can be made using the Bill Pay service, we reserve the right to refuse to make payments to certain payees, such as for alimony, child support, tax and other court or government directed payments, fines or penalties.
    d. Authorization Payment When anyone having access to your Online Banking accounts has entered and transmitted a payment instruction, you authorize us, or our agent, to reduce the balance in your Identified Account accordingly. If there are insufficient funds in your Identified Account to make payments you have authorized, we may either refuse to pay the item or we make the payment and thereby overdraw your Identified Account. In either event, you are responsible for any non-sufficient funds (NSF) and overdraft charges the Bank may impose, as stated in the Sanibel Captiva Community Bank Fee Schedule.
    e. Balance Information You may experience inconsistent or delayed balance information as a result of transaction posting times.

  5. Stopping Bill Pay Transactions
    If you wish to stop payment on a Bill Pay transaction you previously authorized, contact us in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. Contact us at (239) 472-6100 or by electronic mail (e-mail) at operations@sancapbank.com. If you call, we may require you to confirm your request in writing, which must be received by us within 14 days after you call. Requests for stopping Bill Pay transactions after 2:00 PM on a business day will be processed on the next business day. If you tell us to stop a Bill Pay Transaction three (3) business days or more before a payment date, and we do not do so, we will be liable for your losses or damages.
  6. Inactivity
    If you do not log on to Online Banking for 90 days, we may cancel this agreement.
  7. E-Mail
    You can use e-mail to contact us about inquiries, maintenance and/or problem resolution issues at operations@sancapbank.com. E-mail is not a secure method of communication over the Internet and we recommend you do not send confidential information by e-mail. If you would like a secure way to contact us, call (239) 472-6100 and ask for the Online Banking Department.  You should not rely on electronic mail if you need to communicate with us immediately (for example, if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur).
  8. Online Banking Fee
    Once you are an enrolled user of Online Banking, you will be charged the applicable Setup Fee whether or not you use Online Banking (please see the "Fee Schedule"). You authorize us to automatically deduct all applicable charges and fees from your Identified Account.
  9. Bill Pay Fee
    Once you are an enrolled user of Bill Pay, you may be charged the applicable Monthly Fee and/or Usage Fee whether or not you use Bill Pay (please see the "Fee Schedule"). You authorize us to automatically deduct all applicable charges and fees from your Identified Account.
  10. Reporting Unauthorized Transactions
    If you believe that an unauthorized transaction has been or may be conducted from one of your Identified Accounts without your permission, you must immediately notify the On-Line Banking Department at: (239) 472-6100 or write to: 2475 Library Way, Sanibel, Florida 33957, or fax us at: (239) 472-5678, or e-mail us at operations@sancapbank.com. Failure to give immediate notice as herein provided will result in your liability for any loss occasioned by the unauthorized transaction.
  11. Periodic Statement
    You will be mailed periodic statements for your Identified Account(s) as scheduled in the depositor agreements. In addition to reflecting your other account activity, your statements will include any transfers or Bill Pay transactions you authorize using Online Banking. Unauthorized transactions appearing on those statements shall be reported as provided in your deposit agreement for the account from which the unauthorized transaction occurred.
  12. Business Days
    Our business days are Monday through Friday except federal bank holidays.
  13. Hours of Operation
    An employee will be available to assist you with any Online Banking or Bill Pay issues business days between the hours of 9:00 AM to 4:00 PM Eastern Time. Although Bill Pay transactions can be processed only on business days, you can access Online Banking and Bill Pay 24 hours everyday, except during scheduled maintenance periods.
  14. Your Responsibility
    You are responsible for all transfers and Bill Pay transactions you authorize using the Online Banking or Bill Pay. If you permit other persons access to your Online Banking account access ID and password, you are responsible for any transactions they authorize from your Identified Accounts. Tell us AT ONCE by calling (239) 472-6100, faxing to (239) 472-5678, writing us at Sanibel Captiva Community Bank, 2475 Library Way, Sanibel, Florida 33957, or by E-mail at operations@sancapbank.com  if you believe your access ID/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 overdraft protection). If you tell us within 2 business days, you can lose no more that $50 if someone used your access ID/password without your permission. (If you believe your access ID/password have 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 access ID/password without your permission.)

    If you do NOT tell us within 2 business days after you learn of the loss or theft of your access ID/password, and we can prove we could have stopped someone from using your access ID/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 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 a hospital stay) kept you from telling us, we will extend the time periods.
  15. Our Responsibility
    We, or our Service Provider, are responsible for completing fund transfers and Bill Pay transactions from your Identified Account(s) on time according to your properly entered and transmitted instructions. However, neither we nor the Service Provider will be liable:

    a. If you do not have adequate money in a deposit account to complete a transaction from the account, or if that account has been closed;
    b. If you have not properly followed Online Banking or Bill Pay instructions on how to process a transfer or bill payment;
    c. If you have not given complete, correct and current instructions so that a transfer or Bill Pay transaction can be processed;
    d. If you have not followed Online Banking or Bill Pay instructions regarding the Timely Scheduling of a transaction;
    e. If a timely Bill Pay transaction is processed but the payee nevertheless does not credit your payment promptly after receipt;
    f. If withdrawals from any Identified Accounts have been prohibited by a court order such as a garnishment or other legal process;
    g. If we or our Service Provider reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed;
    h. If Equipment and/or Software were not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or Bill Pay transaction;
    i. If circumstances beyond our, or our Service Provider's, control prevent the processing of a transfer or Bill Pay transaction, despite reasonable precautions that we have taken. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters.

    There may be other exceptions to our liability as stated in your "Fee Schedule".
  16. Disclosure of Account Information to Others
    As described below, we may disclose information to third parties about your accounts if:
    a. There is an agreement to have another party provide the Bill Pay service or receive your account information. We will provide the other party with information about your grouped deposit accounts and your online transactions in order to carry out your instructions;
    b. It is helpful, in our judgment, for completing transfers and Bill Pay transactions;
    c. It is helpful, in our judgment, to verify the existence and condition of a payment account for a payee or holder of a check issued by use of Bill Pay;
    d. In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information;
    e. If you give us your written permission.
    f. As explained in the separate Privacy Disclosure.
    All deposit, withdrawal, payment, and status information concerning each and every deposit and loan account held under the same social security or TIN is available to every person having online access to any Identified Accounts unless an account is specifically blocked for such access. You hereby release us, indemnify us, and hold us harmless from and against any loss or damage, including reasonable attorney's fees, arising from the disclosure of such information.
  17. Credit Information
    You acknowledge and agree that we, or a third party acting as our agent, may obtain and use information from credit bureaus and consumer reporting agencies in connection with any accounts or products offered by us to investigate or reinvestigate any information provided by you. We may also verify your employment, salary, assets, debts and references.
  18. Electronic Fund Transfer Error Resolution
    In case of errors or questions about Online Banking funds transfers, Bill Pay transactions, or other electronic transfers initiated from your Online Banking account(s), contact us immediately. You can telephone us at (239) 472-6100, fax us at (239) 472-5678, E-mail us at operations@sancapbank.com, or write us at Sanibel Captiva Community Bank, 2475 Library Way, Sanibel, Florida 33957. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem appeared.
    a. Tell us your name and account number (if any).
    b. Describe the error or 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.
    c. 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.

    We will determine whether an error occurred within 10 business days (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) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (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. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.

    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.

  19. Important Note For Account Holders
    The loss, theft or unauthorized use of your access ID, or your password could cause you to lose all of the money in your account, plus any amount available under your overdraft protection. By use of Online Banking for an Identified Account you are to assume all risks and losses associated with the disclosure of your access ID or password to your employees or other persons.
  20. Liability for Loss or Erroneous Data
    Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.
  21. Changes/Interruptions in Online Banking/Bill Pay
    System maintenance may be performed on a regular basis that could result in interrupted service or errors. We also may need to change the scope of Online Banking from time to time. We will attempt to provide prior notice of such interruptions and changes, but cannot guarantee that such notice will be provided.
  22. Harm to Computer Systems/Data
    You agree that our liability for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site shall be limited to the reasonable cost of replacing the lost software or other materials. We will not be responsible or liable for any indirect, incidental or consequential damages, which may result from such harmful components.
  23. Release and Indemnification
    We acknowledge that (1) all loan and deposit accounts maintained by you under the same social security or TIN may be accessed by anyone who has your access ID and password unless the account is blocked from Online Banking, (2) that, if the signers on deposit accounts accessible through Online Banking are different, anyone having access can transfer money from one account to another and access such money from any account on which such person is an authorized signer, and (3) anyone having access to your Identified Accounts can make transfers from that account even though such person is not an authorized signer on such account. By your use of the Online Banking product, you agree to release us from any and all liability for the use of Online Banking as described above, whether or not such use is authorized, and to hold us harmless from and indemnify us against any loss or damage, including attorney's fees arising from such use. Further and in no event will we, or any of our officers, directors, employees, or agents be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use Online Banking, or for any loss of any data, even if we have been informed of the possibility of such damages.

    WE MAKE NO WARRANTY TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

  24. Sharing Information/Privacy
    We share customer transaction and experience information within Sanibel Captiva Community Bank through a central information system. Certain account and transaction information is shared with the Online Banking and Bill Pay service providers. No other outside party receives this information with the exception of credit reporting agencies.
  25. Security
    In order to maintain secure communications and reduce fraud, you agree to protect the security of your access ID and password or other means of identification. We reserve the right to block access to Online Banking to maintain or restore security to our website and systems, if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s).
  26. Severability
    If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
  27. Area of Service
    Online Banking and Bill Pay described in this Agreement are offered solely to citizens and residents of the United States of America (USA) and may not be accessed while outside of the USA.
  28. Governing Law
    This Agreement shall be governed by and interpreted under Florida and federal laws.
  29. No Signature Required
    When any payment or other online service generates items to be charged to your account, you agree that we may debit your designated Identified Account or the account on which the item is drawn without requiring your signature on the item, and without prior notice to you.
  30. Amendment of this Agreement
    We may amend this agreement (including changes in its fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, provided however any change or amendment required by law or applicable regulation shall be effective sooner than the 30 day period if required by such law or regulation. Your continued use of Online Banking is your agreement to the amendment(s).
  31. Waiver
    We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.
  32. Assignment
    We may assign the rights and delegate the duties under this Agreement to a company affiliated with us or to any other party.
  33. Termination
    Except as provided in Number 6 of this agreement titled Inactivity, either you or we may terminate this agreement and any service provided hereunder at any time upon giving at least ten (10) business days prior written notice of termination to the other party. If you terminate the Bill Pay service, you authorize us to continue making fund transfers, bill payments or other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice as provided in 5 above. Once we have acted upon your termination notice, we will make no further transfers, payments or other transactions from your Identified Account, including any fund transfers or bill payments you have previously authorized. We reserve the right to terminate or to discontinue support of any software or equipment without written notice.
  34. Entire Agreement
    This Agreement is the entire agreement between you and us and it supersedes any marketing or other similar material pertaining to Online Banking delivered to you in writing, verbally or obtained at our site or the site of a Internet Service Provider.