ONLINE BANKING AGREEMENT AND DISCLOSURE STATEMENT
ServisFirst Bank [hereinafter referred to as "the Bank"] has expanded its banking services to allow our customers [hereinafter referred to as "customer(s)"] to utilize the convenience and efficiency of Internet technology, and the parties hereto desire to complete transactions via Internet Online Banking. Customer understands that the terms, conditions, instructions and procedures set forth below are in addition to those that apply to any other accounts that customer currently has with the Bank or any other services customer obtains hereafter from the Bank.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ServisFirst Bank and customer hereby agree as follows:
1. SERVISFIRST BANK ONLINE BANKING:
Using your customer password & PIN, you can perform banking transactions on your computer, including: (1) obtaining balance inquiries; (2) obtaining information about your account transactions and (3) making transfers between ServisFirst Bank checking and savings accounts to other ServisFirst Bank savings, checking or loan accounts (subject to government regulations). You must maintain sufficient funds in your account to cover any requests for transfers. All transfer requests are subject to verification and authentication. If the Bank completes a payment or transfer authorized by the customer and the Bank determines that the account from which the funds are to be transferred has an insufficient balance to complete that transfer, customer agrees that the Bank is authorized to reverse the transaction or to offset the shortage of funds from any other account customer has with the Bank. In any case, the customer is fully obligated to the Bank to provide sufficient funds for any payment or transfer that the customer makes or authorizes.
2. WHEN INTERNET PAYMENTS AND TRANSFERS ARE MADE:
Payments and transfers are not final at the time the Bank receives customer's instructions; however, the Bank will begin to process requests promptly at 7:30 p.m. CST. Transfer requests received after 7:30 p.m. CST on any business day will be posted the following business day. Each payment or transfer will be posted to the appropriate accounts involved in the transfer on the date transmitted if the request is made within processing hours, or on the next business day if made after processing hours. Payment or transfer requests initiated by the customer on a non-business day will be considered to have been initiated on the following business day. Customers should be aware that reporting limitations exist when a transaction is performed via Online Banking, i.e., balance and/or payment inquiries made through Online Banking will not reflect transactions that have not yet been posted to the customer's accounts. Although Online Banking is generally available 24 hours a day, 7 days a week, the Bank processes transactions and updates information only on business days. The Bank's business days are defined as Monday through Friday. Holidays are not included in the definition of business days.
3. LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR TRANSFERS:
If the bank does not complete a payment or transfer on time or in the correct amount as per the customer's request, the Bank will be liable only for the amount of that payment or transfer and the Bank will not be liable for consequential or punitive damages or any other losses whatsoever that may be incurred by the Customer. If, and only if, the Bank willfully or intentionally neglects to complete a payment or transfer as requested by the Customer, the Bank will reverse any fees or charges assessed by the Bank against the Customer's account(s).
4. ONLINE COMPUTER SECURITY:
To access Online Banking, the customer will be issued a temporary Password selected by the Bank. To access any funds transfer, the customer will initially use a temporary PIN selected by the Bank. The customer must reset the Password/PIN with their first online connection. TAKE PRECAUTIONS ONLINE TO PROTECT YOUR PASSWORD/PIN. DO NOT LEAVE YOUR COMPUTER UNATTENDED WHILE ONLINE OR SEND YOUR PASSWORD/PIN OR ANY OTHER CONFIDENTIAL INFORMATION OVER ANY PUBLIC OR GENERAL E-MAIL SYSTEM. DO NOT GIVE OR DISCLOSE ANY PART OF YOUR PASSWORD/PIN TO ANYONE. ANYONE TO WHOM THE CUSTOMER GIVES HIS/HER PASSWORD/PIN WILL HAVE ACCESS TO CUSTOMER'S ACCOUNTS, EVEN IF THAT PERSON EXCEEDS THE CUSTOMER'S AUTHORITY.
5. CUSTOMER LIABILITY:
If customer believes their Online Banking customer identification number and Password/PIN or other means of access have been lost or stolen, and customer notifies the Bank in writing at P.O. Box 1508, Birmingham, Alabama 35201-1508, and the notice is received within two (2) business days after the customer learns of the loss or theft, customer shall be responsible for no more than $50 if someone accesses customer's accounts after the Bank receives said notice. If the customer fails to inform the Bank within two (2) business days after customer learns of the loss or theft of the customer's Online Banking identification number and/or Password/PIN or other means of access, customer shall be responsible for the full amount of payments or transfers made by someone accessing the accounts without the customer's authority until the Bank receives notice, as more fully described previously in this paragraph. If customer's statement indicates payments or transfers covered by this agreement which customer did not make or authorize, customer must notify the Bank at once. If customer does not notify the Bank within sixty (60) days after the statement was mailed to him/her, the Bank shall have no liability to customer for such payments or transfers.
6. CUSTOMER IDENTIFICATION NUMBER OF PASSWORD/PIN:
If customer's Online Banking identification number or Password/PIN or other means of access have been lost or stolen, or if someone has used them without the customer's authorization, call ServisFirst Bank immediately at 866.922.5794. The Bank may, at a later date, provide customer with another electronic or telecommunication means of notifying the Bank for this purpose. USING A GENERAL E-MAIL SERVICE OR OTHER ELECTRONIC MEANS DOES NOT CONSTITUTE PROPER OR TIMELY NOTIFICATION TO BANK.
7. IN CASE OF ERRORS OR QUESTIONS ABOUT TRANSACTIONS COVERED BY THIS AGREEMENT:
Customer must call ServisFirst Bank at 205.949.0302 or toll free 866.317.0810 or write to ServisFirst Bank at P. O. Box 1508, Birmingham, Alabama 35201-1508, as soon as possible if customer needs more information about a transfer or payment covered by this Agreement which is listed on the customer's statement. The Bank must hear from the customer no later than sixty (60) days after the Bank sent the first statement on which the problem or error appeared. Information to be included in that notification: Customer's name and account number; description of the error, payment or transfer customer is unsure of; an explanation, as clearly as customer can relay, as to why customer believes that an error has occurred; and why the customer requires more information. Tell the Bank the dollar amount of the suspected error. If the customer tells the Bank of the suspected error orally, the Bank shall require that the customer send the Bank the complaint or question in writing within ten (10) business days. The Bank will tell the customer the results of the Bank's investigation within ten (10) business days after the Bank receives the complaint or question and will correct any error promptly. If the Bank needs more time to investigate, the Bank may take up to forty-five (45) additional days to investigate customer's complaint or question. If the transaction was not initiated in any state, territory or possession of the United States, the initial investigating period will be ninety (90) business days instead of forty-five (45) business days and twenty (20) business days instead of ten (10) business days for an extended investigation. If the Bank decides that there was no error, the Bank will send the customer a written explanation within three (3) business days after the investigation is finished. Customer may ask for copies of the documents the Bank used in its investigation.
Customer's Online Banking transfers will be listed on the monthly statements the Bank provides or makes accessible to its customer. Customer agrees to notify the Bank within sixty (60) days if customer changes address.
9. CANCELING THE SERVICE:
To cancel your service with Online Banking, you must contact the Bank in writing to notify us of your decision to cancel. ServisFirst Bank may cancel or suspend your service at any time without notice.
10. LAW THAT APPLIES:
Regardless of where customer lives or works or where customer accesses the Online Banking services, the Agreement is subject to the laws of the State of Alabama and the Federal Law of the United States of America with, in either event, consideration of conflicts of law principles. If any of the terms of the Agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law.
11. ATTORNEY'S FEES:
In the event any action is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party in addition to all sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fee.
12. EXCUSABLE DELAY:
No party to this Agreement shall be liable to the other for any loss, cost or damages, arising out of, or resulting from, any failure to perform in accordance with the terms of this Agreement where such failure shall be beyond the reasonable control of such party, which, as employed herein, shall be deemed to mean, but will not be limited to, act of God, strikes, lockouts or other industrial disturbances, wars, whether declared or undeclared, blockages, insurrections, riots, government actions, explosions, fires, floods or any other cause within the reasonable control of either party.
The terms and conditions governing Online Banking, including costs and fees may be amended by ServisFirst Bank at any time upon twenty-one (21) days advance notice. Your continued use of the service is your acceptance of any amendment(s) of the Agreement, including any instruction on the use of the service as may be amended from time to time. You agree that any notices given by the Bank regarding the service will be sent to you at the Bank's choice, via either electronic mail or standard mail and will be considered delivered at the time sent by the Bank. ServisFirst Bank may not immediately respond to E-mail, so you should not rely on E-mail to communicate with ServisFirst Bank immediately.