Macon Bank Online Banking eCom Agreement

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Online Access Agreement For Macon eCom
I.     Macon Online Access 
        A.    Introduction 
        B.    Accessing Your Account 
        C.    Terms and Conditions 
II.    Macon Bill Pay 
        A.    Terms and Conditions 
III.   A.    Limits and Liabilities 
        B.    Other Provisions 
        C.    Fees and Charges

I.      Macon Online Access
        A.     Introduction
This Internet Banking Access Agreement for accessing your personal accounts via Macon Bank’s Internet Banking Service (Macon eCom) explains the terms and conditions which govern the following services:    Account Inquiries
        B.     Account Transfers and Automatic Bill Pay
By using the online financial services provided by Macon Bank (Macon eCom), you agree to abide by the terms and conditions of this agreement. This agreement will be governed by all applicable federal laws and regulations. In the event that no federal law applies, the agreement will be governed by laws and regulations effective in the State of North Carolina.
The term "Macon Bank" is synonymous with "Macon Savings Bank, ssb". The term "business day" refers to every day except Saturday, Sunday and federal banking holidays.
        C.      Accessing Your Accounts
In order to activate your Internet Banking Service (Macon eCom), you must have at least one account with Macon Bank.
As a customer of Macon Bank, you may access your accounts by selecting and using an online password (PIN) and by paying any required monthly fees as described in this Agreement. You should keep your PIN in a secure location. Any person having access to your Macon eCom PIN may be able to access the Internet Banking Services and perform all transactions, including reviewing account information and making transfers to other accounts which have mutual ownership.
You will be issued a password that will allow you to log on to Macon eCom. The first time you log into the online system, you will be required to change the assigned password and choose a password known only to you. The password must be a combination of eight to twelve alphabetic and numeric characters.  It must contain at least one numeric character and one uppercase letter. This password can be changed through Macon eCom by the user at any time, and occasional password changes are recommended.  The password will expire every six months.  You will also see a security image and be asked to create a password phrase.  Finally, you will have to answer three security questions to complete the initial logon.
If you suspect that an unauthorized person has access to your password, please use one of the following methods to contact us immediately:

Monday through Thursday, 8:30 a.m. to 5:00 p.m and Friday, 8:30 a.m. to 6 p.m., call the Macon Bank Call Center and tell a representative about the problem at (828) 524-7000, Ext. 2527, or (800) 438-2265, Ext. 2527.

Send a fax to (828) 524-0996, Attention: Macon eCom CSR.

Accounts which can be viewed using Macon eCom are:

• Free Checking
• Personal Checking
• Prime 49
• Pinnacle Checking
• Statement Savings
• Business Checking
• Money Market Maximizer
• Mortgage Loans
• Line of Credit
• Visa Check Debit Card
• Classic Checking
• Silver Eagle
• Retirement Accounts
• Commercial Checking
• Money Market
• Certificates of Deposit
• Consumer Loans
• ATM Cards
• Safe Deposit Box

There are no monthly fees for viewing these accounts or for transferring funds between accounts at Macon Bank through Macon eCom.
New services will be added to this list as they become available.

You may use your personal computer to:

• View account balances and transaction history
• View checks
• Transfer funds from checking and savings accounts into:
       - Other Macon Bank checking and savings accounts which belong to you
       - Loan accounts
• Establish automatic transfers from one of your accounts to another (from checking and savings to checking, savings or loans)
• Pay bills to any merchant, institution or individual with a U.S. address.
• Communicate directly with Macon Bank via E-mail.

Other services may be added to Macon eCom and will be communicated to our customers as the additions are made.
      C.        Terms and Conditions
The first time you access any of your accounts through Macon eCom, you confirm your agreement to abide by all the terms and conditions of this Online Agreement, and acknowledge your receipt and understanding of this disclosure.
Macon Bank reserves the right to cancel your online service at any time without notice due to insufficient funds in one or more of your accounts. After cancellation, service may be reinstated at the discretion of the bank provided that funds are available to cover the cost of any fees and/or pending transfers. To reinstate your service, contact the Macon Bank Call Center at (828) 524-7000, Ext. 2527 or (800) 438-2265, Ext. 2527.

If you do not schedule or process a payment in your Macon Bank Bill Payment system within a three (3) month period, Macon Bank reserves the right to discontinue your Bill Payment service.
If you do not access your accounts via Macon eCom for any three month period, Macon Bank reserves the right to disconnect your service. (See paragraph above for reinstatement of service information.)
You agree to be responsible for any telephone charges which you incur by accessing your accounts via Macon eCom.
If you wish to cancel any of your Macon eCom services, please contact Macon Bank’s Call Center at (828) 524-7000, Ext. 2527 or (800) 438-2265, Ext. 2527, or send us cancellation instructions in writing at Macon Bank, P. O. Box 1559, Franklin, NC 28744-1559.

Hours of Accessibility

You may access Macon eCom seven days a week, 24 hours per day. Necessary system maintenance will be scheduled for hours during which system traffic is normally at a minimum. If the system is unavailable due to an unanticipated problem, you may use the automated telephone voice response system (TeleBanc), one of our ATM machines, or a branch office to conduct your transactions.
Additional Terms * Balance Information – You may access any eligible Macon Bank account on which you are an owner to receive transaction history and balance information. The balance and account history will show the current balance of the account, including any transactions conducted prior to the inquiry. In progress returns due to non-sufficient funds or stop payments may not be reflected in the inquiry.

II.        Macon Bill Payment
A.        Terms and Conditions

Through Macon eCom you may subscribe to our optional Bill Payment program. The Bill Payment service allows you to schedule payments through your on-line banking system for current, future and recurring bills from your checking or money market deposit account.

Restrictions

We recommend that you not use a savings or money market deposit account as your Bill Payment Account, because Federal regulations require us to limit either by contract or in practice the number of certain types of transfers from savings and money market deposit accounts. Under these regulations, you are limited to six (6) preauthorized electronic fund transfers and telephone transfers, including Macon eCom transactions, checks, and point-of-sale transactions per month. Of these six transactions, you are limited to no more than three transactions per month by check or point-of-sale. Each fund transfer or payment through Macon eCom from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each month. Payments to your loan accounts are not counted toward this limit.

Eligibility

You may pay any merchant or individual approved for payment by Macon Bank for payment through Bill Payment. We will be unable to process any payments to federal, state, or local tax agencies.
Bill Pay Procedure
By furnishing us with the names of your payees (merchants) and their addresses, you give us authorization to follow the payment instructions which you provide to us via Macon eCom for these payees. When we receive a payment instruction for the current date or a future date, we will remit the funds to the payee on your behalf from the funds in your selected account, on the day you have instructed them to be sent (Payment Date). We are not obligated to pay funds from your account(s) if the account balance is insufficient to cover the payment, unless your account has overdraft protection in an amount sufficient to cover the payment. Funds for ALL bill payments, whether paid electronically or by check, will be withdrawn on the day the payment is scheduled to be SENT to the payee.

Stop Payments

You have the right to stop or change any scheduled payment. You must cancel the payment no later than 5 p.m. EST of the day prior to the Payment Date by using the "delete" function on the Bill Payment page of Macon eCom, or by calling the Macon Bank Telephone Service Center at (828) 524-7000, Ext. 2527, or (800) 438-2265, Ext. 2527. We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to processing the payment. Once processing of the payment has begun, you can no longer stop payment. All stop payment orders are effective for six months and will automatically expire after this period unless renewed in writing.

NOTE: Any payments made with Bill Payment require sufficient time for your payee to credit your account properly. To avoid incurring a finance charge or other charge, you must schedule a payment sufficiently in advance of the due date of your payment. All payments must be scheduled prior to 4:30 p.m. on the date you instruct us to initiate payment (payment date). Not all payees accept electronic bill payments. In the event that the payee for your scheduled payment does not accept payment via the electronic system, your payment will be made by mailing a paper check. Paper payment requires a longer delivery time. Payments made by paper should be scheduled at least 7 business days prior to the due date.

Liability

If you fail to schedule your payment according to the recommended time frame, Macon Bank will not be responsible for the late fees or finance charges. We shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges or late fees. Paper checks are mailed to the address you supply. Macon Bank will not be responsible for processing incorrect information which is supplied by you through the bill payment system, or for failure of the payment to process due to incorrect information. In addition, we will not be liable if any third party through whom any bill payment is made fails to properly transmit the payment to the intended payee. We will also not be liable if there are insufficient funds or credit availability in your designated payment account or overdraft protection plan, if a legal order prohibits us from conducting withdrawals to the payment account, if there is a hold on the account for uncollected funds or any other valid reason for hold, if the payment account is frozen or closed, or if any part of the electronic funds transfer system is not working properly. We will not be liable for indirect, special or consequential damages due to the use of Bill Payment.

Termination

Macon Bank reserves the right to terminate your use of Bill Payment at any time. If for any reason you should wish to terminate your use of Macon Bank’s Bill Payment, we recommend that you cancel all future bill payments and transfers at the same time you cancel your account, either by deleting the payments yourself, or by calling Macon Bank’s Call Center at (828) 524-7000, Ext. 2527, or (800) 438-2265 Ext. 2527. This will insure that future payments and transfers made by you will not be duplicated. We will automatically delete all outstanding payments and transfers (both one-time and recurring) once we have been notified that your service has been terminated. We will continue to maintain your accounts unless you notify us otherwise.
Joint Account Holders
Each Bill Payment account may consist of either one individual account holder, or multiple (joint) account holders. Each account holder needs a unique Macon eCom password. The terms of this Access Agreement apply to all account holders enrolled in the Bill Payment program. In order to have a joint membership, all members must be joint signers on the checking account or money market deposit account linked to Bill Payment. Joint members share the same payee list, and are subject to the joint tenant rules contained in the Account Agreement and Signature Card for the checking/money market deposit account. Either account owner may close the bill payment service.

III.     Electronic Account Access
Changes to Fees, Charges and Other Terms
We reserve the right to change the fees, charges or other terms outlined in the agreement. We will notify you 30 days prior to implementation of changes, either by written notice or e-mail, and will also update this agreement, if the changes to this agreement are more restrictive than those stated in the agreement, or increase your responsibility for unauthorized transactions. In the event that a change is necessary to ensure the security of the online system, an immediate change may be necessary, and we will notify you within 30 days after the change is made by electronic or written notice. You may choose to accept or decline changes by continuing or discontinuing the services to which the changes relate. We reserve the option to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Account Disclosure.
Disclosure of Account Information
You authorize Macon Bank and any affiliates to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided or that we or our affiliates have obtained about your accounts and the transfers you make:
• to comply with government agency requests or court orders
• to verify the existence and condition of your account to a third party, such as a credit bureau or merchant
• to provide services relating to your account or to offer other products and services
• to other entities if you give us permission

Consumer Rights and Responsibilities

In addition to this Agreement, you agree to be bound by and comply with the Account Agreement and Account Disclosure, the rules and regulations of the electronic transfer system, and state and federal laws and regulations. If you have a mortgage account, you will continue to be responsible for the obligation as required under the note and deed of trust.
You, the consumer, are responsible for keeping your PIN and account data confidential. We are entitled to act on transaction instructions received using your PIN, and you agree that the use of your PIN will have the same effect as your signature, authorizing the transaction(s). If you authorize other persons to use your PIN in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization, changed your PIN, and that you are responsible for any transactions made by such persons until such time as we receive and have time to act upon the notification that transfers by that person, or instructions regarding your accounts, are no longer authorized.
The Bank reserves the right to terminate this Agreement and your access to Macon eCom in whole or in part, at any time.
The Bank may assign certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
Unauthorized Transactions
You must notify us immediately if you suspect that another person has improperly obtained use of your online password. You must also notify us if someone has transferred or may transfer money from your bank account without your permission, or if you suspect any fraudulent activity related to your account. You should reveal your account number only to legitimate entities for purposes you authorize, such as automatic payments to your insurance company. To notify us, call the Macon Bank Call Center at (828) 524-7000, Ext. 2527, or (800) 438-2265, Ext. 2527.

Federal law requires that if you believe your online password has been lost, stolen or compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your online password without your permission.

Please tell us AT ONCE if you believe your PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you do not notify us promptly, it is possible that you could lose all the money in your Account , plus any maximum overdraft line of credit. To notify us, call the Macon Bank Call Center at (828) 524-7000, Ext. 2527, or (800) 438-2265, Ext. 2527; after hours, e-mail us at bankinfo@maconbank.com.

If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.
If your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, the time periods in this section will be extended.

Error Resolution

If you believe that there is an error regarding your account in conjunction with Macon eCom Banking or Bill Payment (mortgage loans are excluded) it should be handled as follows: * Call the Macon Bank Call Center and tell a representative about the problem at (828) 524-7000, Ext. 2527, or (800) 438-2265, Ext. 2527, or
• Send a fax to (828) 524-0996, Attention: Macon eCom CSR, and tell us the details of the problem, or
• Write a letter and mail it to Macon Bank, P. O. Box 1559, Franklin, NC 28744-1559 and tell us the details of the problem.
We must hear from you no later than sixty (60) days after we send the paper statement or electronic statement on which the problem or error in question occurred. If you notify us verbally, we will require that you send us your problem in writing within 10 business days.
When you write us about your problem, please: * Include your name and account number(s)
• Describe the error or transaction in question, and explain why you believe it to be an error
• Tell us the dollar amount of the suspected error
• If the problem involves a bill payment, tell us the checking account number used for payment, the payee’s name, date for which the payment was scheduled, payment amount, and any applicable payee account number or reference number.
We will tell you the results of our investigation within 10 business days after we hear from you if your account has been opened for more than 30 days (within 20 days for new accounts), and we will correct any error within one business day. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will recredit your account within 10 business days (or 20 days on new accounts) 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 do not need to recredit your account while we complete our investigation. If we determine that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents used in our investigation.
If we do not complete a transfer to or from your Bank account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions.
We will not be liable:
• If, through no fault of ours, you do not have enough money in your account to make a transfer or bill payment
• If a legal order directs us to prohibit withdrawals from the account
• If your account is closed or if it has been frozen
• If a hold has been placed on your account for uncollected funds
• If the transfer or payment would cause the account to become overdrawn beyond the balance of the account plus any overdraft protection
• If you, or anyone you allow, commits fraud or violates any law or regulation
• If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly
• If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount of the payee on a bill payment
• If you have not properly followed the instructions for using Macon eCom’s Bill Payment
• If circumstances beyond our control (such as fire, flood, improper transmission or handling of payments by a third party) prevent the transfer or bill payment, despite reasonable precautions taken by us.
A.        Limitations on bank liability
We will not be responsible for the following incidents, errors or failures:
Access
We will not be responsible for failure to provide access or for interruptions in access to Macon eCom due to a system failure or due to other unforeseen acts or circumstances.
Your Computer Equipment or Software
We will not be responsible for any errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment used with Macon eCom.
We are not responsible for any error, damages or other losses you may suffer due to the malfunction or misapplication of any system you use, including your browser (Microsoft Explorer®, Netscape Navigator®, or otherwise), your Internet service provider (ISP), your personal financial management or other software, (such as Quicken®, or Microsoft Money®), or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with Macon eCom.
Bill Payment
We are not responsible for postal delays or processing delays by the payee for any bill payment made through our Bill Payment services.
B.        Other Provisions
Electronic Notice
With your consent, we may send notices to you by electronic mail (e-mail). You may use e-mail to contact us about inquiries, maintenance, and/or some problem resolution issues. E-mail may not be a secure method of communication. We therefore recommend that you do not send confidential personal or financial information by e-mail. There may be times when you need to speak with someone immediately, especially to report a lost or stolen PIN, or to stop a payment. In these cases, do not use e-mail. Instead, call our customer call center at 828 524-7000, ext. 2527, or 800 438-2265, ext. 2527.
Warranty and Software Limitations
NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO , ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE (OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS), UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
Hours of Operation
Our Call Center Representatives are available to help you Monday through Friday, 8 a.m. until 5:30 p.m.
Ownership of Website
The content, information and offerings on our website are owned by Macon Bank, and the unauthorized use, reproduction, linking or distribution of any portions are strictly prohibited.
Geographic Restrictions
The Macon eCom services described in this Agreement and any application for consumer credit, deposit services, and brokerage services available at our website are solely offered to citizens and residents of the United States of America currently residing in the United States. Citizens and residents may not be able to access the Macon eCom services outside the United States.
Scope of Agreement
This Agreement represents our complete agreement with you relating to our provision of the Macon eCom services. No other statement, oral or written, including language contained in our website, unless otherwise noted, is part of this agreement.
VIII.     FEES AND CHARGES
Service Fee
Macon eCom – view balance and history online No Charge
Bill Payment  No Charge
Check Reorder Varies depending on check style
Check Copy Check Safekeeping Accounts may receive free (see account brochure for limits); otherwise, copies are $5.00 each
Stop Payments $33.00 each
Overdraft Charge $33.00 per item

I ACCEPT THE TERMS AND CONDITIONS FOR MACON eCOM AS LISTED ABOVE.

Macon eCom Privacy Statement  | Macon eCom Security Statement