Print
FLORIDA BUSINESS BANK
ONLINE BANKING DISCLOSURE AND AGREEMENT
This Agreement is a contract that establishes the rules covering your electronic access to your accounts at Florida Business Bank ("FBB") through FBBconnect ("FBBCONNECT"). By using FBBconnect, you accept all the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the deposit agreements and disclosures for each of your FBB accounts as well as your other agreements with FBB such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of Florida (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and FBB's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement constitutes the entire agreement between you and FBB with respect to the subject matter of this Agreement and there are no understandings or agreements related to this Agreement that are not fully expressed herein.
Definitions
As used in this Agreement, the words "we", "our", "us" and "FBB" mean Florida Business Bank, You" and "your" refer to the account holder authorized by FBB to use FBBCONNECT under this Agreement and anyone else authorized by that account holder to exercise control over the account holder's funds through FBBCONNECT. "Account" or "accounts" means your accounts at FBB. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your FBB accounts using FBBCONNECT including bill payments. "FBBCONNECT Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday. Holidays are not included.
Access
To use FBBCONNECT, you must have at least one checking account at FBB, access to Internet service, and an email address. Once we have received your Enrollment Form, and verified your account information, we will send you, either by email or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned login ID and temporary password. FBBCONNECT can be used to access only the FBB accounts that you have designated for access by FBBCONNECT in your Enrollment Form through the FBB account holder's tax identification number. You can add or delete any of your FBB accounts from this Agreement by opening or closing accounts utilizing your tax identification number as set forth on your Enrollment Form. Access to your accounts through FBBCONNECT will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through FBBCONNECT to determine that they are made on behalf of the account holder.
FBBCONNECT Services
You can use FBBCONNECT to check the balance of your FBB accounts, view FBB account histories, transfer funds between your FBB accounts, re-order checks, make stop payment requests, view checks, change your address, and pay bills from your FBB accounts in the amounts and on the dates you request if you have requested to be enrolled for the Bill Payment Service. Balance and activity information are available as of 6:00 p.m. (Eastern Standard Time) of the previous business day.
Hours of Access
You can use FBBCONNECT seven days a week, twenty four hours a day, although some or all FBBCONNECT services may not be available occasionally due to emergency or scheduled FBBconnect maintenance. We agree to post notice of any extended periods of non-availability on the FBBCONNECT website.
Your Password
You determine what password you will use and your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to FBBCONNECT will be revoked. To reestablish your authorization to use FBBCONNECT, you must contact us to have your password reset or to obtain a new temporary password. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
Security
You understand the importance of your role in preventing misuse of your accounts through FBBCONNECT and you agree to promptly examine your paper statement for each of your FBB accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via FBBCONNECT is encrypted in an effort to provide transmission security and FBBCONNECT utilizes identification technology to verify that the sender and receiver of FBBCONNECT transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the FBBCONNECT is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing FBB FBBCONNECT, or email transmitted to and from us, will not be monitored or read by others.
Fees and Charges
You agree to pay the fees and charges for your use of FBBCONNECT Services as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the FBB checking account designated as the "Primary Checking Account" on your Enrollment Form. If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request that are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of FBBCONNECT.
Posting of Transfers
Transfers initiated through FBBCONNECT before 6:00 p.m. (Eastern Standard Time) on a business day are posted to your account the same day. Transfers completed on a Saturday, Sunday or Banking holiday, will be posted on the next business day. FBBCONNECT identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in both the Transfer and Bill Payer menu options of FBBCONNECT will not reflect transfers made by multiple users from the same account if different login IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts in order to avoid overdrafts.
Overdrafts (Order of Payments, Transfers, and other Withdrawals)
If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
a. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
b. Electronic fund transfers initiated through FBBCONNECT that would result in an overdraft of your account may, at our discretion, be cancelled;
c. In the event the electronic fund transfers initiated through FBBCONNECT that would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
Limits on Amounts and Frequency of FBBCONNECT Transactions
The number of transfers from FBB accounts and the amounts that may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
FBBCONNECT Bill Payment Service
You must designate the FBB account from which the payments are to be made; the complete name of the payee, the account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited the Friday BEFORE the weekend, or the last working day BEFORE the holiday. By using the FBBCONNECT Bill Payment Service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, "no signature required draft", or by debiting and remitting funds on your behalf. You also agree that your first FBBCONNECT bill payment will be charged to your Primary Checking Account. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly.
Scheduling FBBCONNECT Payments
If the payee is to be paid by paper check (as indicated on the Bill Payer list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until 5 to 7 business days after the check is mailed. If the payee is to be paid electronically (as indicated on the Bill Payer list), you understand and agree that the payee may not receive the payment until 72 hours after the date the payment is submitted. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.
How to Cancel a Bill Payment
To cancel a bill payment that you have scheduled through FBBCONNECT, you must cancel the payment online via FBBCONNECT (by following the onscreen instructions) before 3:00 a.m. (Eastern Standard Time) on the date the payment is scheduled to be sent.
Stop Payment Requests
Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment that has been paid electronically. You may be able to stop a FBBCONNECT bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop payment request must precisely identify the name of the payee, the payee assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen.
You may initiate stop payment requests online via FBBCONNECT only for paper checks you have written (non-electronically) on your FBB accounts (not FBBCONNECT bill payer paper drafts.) Online stop payment requests are processed at 9:00 a.m. on the business day following the date the stop-payment has been requested online. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check. If you make your stop-payment request online or by telephone, we may also require you to put your request in the form of a paper writing and get it to us within 14 days after you call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. Stop-payment charges for FBBCONNECT bill payment paper drafts will be assessed in addition to the stop-payment charges for the applicable account.
Disclosure of Account Information and Transfers
You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as a credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to FBBCONNECT. You agree and hereby authorize all of these transfers of information.
Periodic Statements
You will not receive a separate FBBCONNECT statement. Transfers to and from your accounts using FBBCONNECT will appear on the respective periodic paper statements for your FBB accounts.
Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any FBBCONNECT service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer FBBconnect. We will post any required notice of the change in terms on the FBB FBBCONNECT website or forward it to you by email or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer FBBconnect, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject FBBCONNECT Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments
Contact us as soon as you can, if you think your paper statement is wrong, or if you need more information about a transfer listed on your paper statement. We must hear from you no later than 60 days after we sent the FIRST paper statement upon which the problem or error appeared. When you contact us:
1. Tell us your name and account number.
2. 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.
3. Tell us the dollar amount of the suspected error.
4. If the suspected error relates to a bill payment made via the FBBCONNECT Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Posting Screen.)
If you contact us by telephone or by email, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 business days.
We will communicate to you the results of our investigation within 10 business days after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days 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 in the form of a paper writing within 10 business days, we may not provisionally credit your account.
If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.
If a notice of error involves unauthorized use of your point of sale debit card with the VISA logo when it is used as a VISA point of sale debit card, we will provide provisional credit within 5 business days after you notify us instead of within 10 or 20 business days. We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay.
Our Liability for Failure to Make a Transfer
If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we may be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
1. If, through no fault of ours, you do not have enough money in your account to make a transfer.
2. If a legal order directs us to prohibit withdrawals from the account.
3. If your account is closed, or if it has been frozen.
4. If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
5. If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
6. If any electronic terminal, telecommunication device, or any part of the FBBCONNECT electronic fund transfer FBBconnect is not working properly and you knew about the problem when you started the transfer.
7. If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee assigned account number, payment date, and payment amount for the payee on a bill payment.
8. If you have not properly followed the onscreen instructions for using FBBCONNECT.
9. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission.
If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.
Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period 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 contacting us, we will extend the time periods.
Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the FBBCONNECT Services provided to you under this Agreement. We do not and cannot warrant that FBBCONNECT will operate without errors, or that any or all FBBCONNECT Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to FBBCONNECT, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory. Further, in no event shall the liability of FBB and its affiliates exceed the amounts paid by you for the services provided to you through FBBCONNECT.
Your Right to Terminate
You may cancel your FBBCONNECT service at any time by providing us with written notice by postal mail or fax. Your access to FBBCONNECT will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate
You agree that we can terminate or limit your access to FBBCONNECT Services for any reason at any time.
Communications between FBB and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Email
You can contact us by email at online@floridabusinessbank.com (Please note that FBB transactions through FBBCONNECT are not made via email.)
Telephone
You can contact us by telephone at (321) 253-1555. For technical support, you may call between 9:00am and 5:00pm Monday through Friday.
Facsimile
You can contact us by fax at (321) 253-2252.
Postal Mail or in person
You can write to us or visit us at:
Florida Business Bank
Attn: Online Client Service
340 N. Harbor City Blvd.
Melbourne, Fl 32935
Consent to Electronic Delivery of Notices
You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the FBB FBBCONNECT website or by email. You agree to notify us immediately of any change in your email address.