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Thank you for your interest in Florida
Gulf Bank's Internet Banking product.
Our primary goal is to provide quality
products and services to accommodate
our customers. Please review the following
disclosure information and click "I
Accept" to begin the process of
Banking Online. To do so will activate
the Contract which follows.
Florida Gulf Bank ("FGB")
has expanded its banking services to
utilize the convenience and efficiency
of Internet technology. You ("Customer")
understand that the terms and conditions
set forth below are in addition to those
that apply to any other accounts that
Customer has with FGB or any other service
Customer thereafter obtains from FGB.
Customer further understands that any
additional instructions and procedures
applicable to the services covered by
this Agreement provided by FGB must also
be followed.
Now, therefore, in consideration
of the mutual promises and covenants
contained herein, and for the other good
and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged,
FGB and Customer hereby agree as follows:
To activate Customer's Internet banking
service, Customer must have at least
one active account with FGB. To access
FGB Internet Banking, Customer will initially
use a temporary Log-on ID and password
number as established by FGB. Customer
will enter a new Log-on ID and password
during the first connection online with
banking information.
The Log-on ID may be any combination
of alpha/numeric characters, from six(6)
to sixteen(16) digits. The Log-on ID
is case sensitive.
The password criteria is as follows:
Minimum Password Length 6
Maximum Password Length 10
Number of Numeric Characters Required
4
Number of Alpha Characters Required 2
Passwords are case sensitive and can
be changed at any time by the account
holder through our Online Banking service.
Customer shall take all reasonable
and necessary precautions online to protect
the ID and password, such as not leaving
the computer unattended while online;
not sending over any public or general
E-mail systems; and not giving or disclosing
any part of the ID or password to any
other party. Customer understands that
anyone to whom Customer gives the password
will have full access to Customer's accounts.
- View balance inquiries
- View account transaction information.
- Transfer of funds between FGB accounts
(subject to applicable government regulations).
- Pay bills to any merchant, institution
or individual with a U.S. mail address.
- Establish automatic transfers between
FGB accounts.
- Communicate with FGB via E-mail.
Through FGB Bank Online Banking Service
you may subscribe to our optional Online
Bill Payment system. The Bill Payment
service allows you to schedule payments
through your online banking system
for current, future and recurring bills
from your checking account. You must
designate a specific checking account
(excluding money market accounts) as
your bill payment account.
Restrictions: We will not permit you
to use a money market checking or savings
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 money market deposit accounts.
Account holders that require two (2)
signatures for withdrawal purposes will
be unable to access the Online Banking
Bill Payment Service.
Eligibility: You may pay any merchant
or individual approved for payment by
FGB Bank for payment through the Online
Bill Payment service. We will be unable
to process any payments to federal, state,
or local tax agencies. Online bill payments
are available only to payees with a U.S.
mailing address.
Bill Pay Procedure: By furnishing us
with the names of your payees (merchants
and /or individuals) and their addresses,
you give us authorization to follow the
payment instructions, which you provide
to us via FGB Bank Online Banking Service
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 or
unavailable 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 2:00 p.m. EST of the day prior to
the Payment Date by calling FGB Bank
Online Banking Department at (239) 332-4440.
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.
Payment Processing Time: 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 five (5) full business
days in advance of the date you schedule
for 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 seven (7)
business days prior to the due date.
Liability: If you fail to schedule
your payment according to the recommended
time frame, FGB Bank will not be responsible
for the late fees or finance charges.
We will 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. FGB 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,
unavailable balances, or insufficient
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.
Research Requests: To inquire about
an Online Bill Payment, please contact
the FGB Bank Online Banking Department
at (239) 332-4440.
Termination: FGB 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 FGB 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 FGB Bank's Online Banking
Department at (239) 332-4440. 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 FGB Bank Online Banking password.
The terms of this online banking agreement
apply to all account holders enrolled
in the Online Bill Payment program. In
order to have a joint membership, all
members must be joint signers on the
checking account or savings account (excluding
money market accounts) 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 or savings account. Either account
owner may close the bill payment service.
Customer may access his/her account
information seven (7) days per week,
twenty-four (24) hours per day. Necessary
system maintenance may be scheduled by
FGB for hours during which system traffic
is normally at a minimum. FGB will make
reasonable efforts to notify Customer,
via E-mail, of expected down time. The
balance and account history will show
the current balance of the account including
any transactions received by FGB prior
to the inquiry. In progress returns due
to insufficient funds or stop payments
may not be reflected. Each Customer online
banking session will be limited to 20
minutes for security purposes.
Customer shall immediately notify FGB
in person or by telephone at (239) 332-4440
if Customer believes his/her ID, password,
or other means of access has been lost
or stolen. Customer must also notify
FGB if someone has transferred or may
transfer money from his/her bank account
without authorization, or if Customer
suspects any fraudulent activity.
FGB must receive written notice within
two (2) business days after Customer
learns of such adverse event. If notice
is timely given, Customer shall be responsible
for no more than $50.00 in losses resulting
from unauthorized access. If Customer
fails to notify FGB within 2 business
days after Customer learns of the loss
or theft of Customer's password, ID,
or other means of access, and we can
prove we could have stopped someone from
using your access without your permission,
you could lose as much as $500. If Customer's
statement shows transfers covered by
this Agreement that Customer did not
make or authorize, Customer must notify
FGB promptly. If Customer fails to notify
FGB within 60 days after the statement
is mailed to him/her, Customer may not
get back any money he/she lost after
the 60 days if FGB can prove that FGB
could have stopped someone from taking
the money.
Customer may E-mail FGB at fgbcustomerservice@floridagulfbank.com,
or call FGB at (239) 332-4440, or write
to FGB at 9101 College Pointe Court,
Fort Myers, Florida 33919. If Customer
notifies FGB verbally, FGB will require
the receipt of a statement setting forth
the problem or error in writing within
10 days. In any event, FGB must hear
from Customer no later than 60 days after
FGB sends out the first statement on
which the problem or error appeared.
Customer's writing should include the
following information:
- Customer's name and account number
- Date and Dollar amount of the transaction
in question
- Describe the error or the transaction
and explain as clearly as possible
the error or the need for further information.
FGB will communicate the results of
its investigation within 10 business
days after FGB receives Customer's written
notice (5 business days if involving
a Visa transaction or 20 business days
if the transaction involved a new account)
and will promptly correct any error.
If FGB requires more time to solve any
particular problem, however, FGB reserves
the right to 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 such complaint
or question. If the additional time is
needed, FGB will credit Customer's account
within 10 business days (5 business days
if involving a Visa transaction or 20
business days if the transaction involved
a new account) for the amount Customer
believes in good faith is in error, so
that Customer will have the use of the
money during the time it takes to complete
its investigation. If Customer informs
FGB of the suspected error orally, but
fails to subsequently put the complaint
or question in writing, and FGB does
not receive it within 10 business days,
FGB may not credit Customer's account.
An account is considered a new account
for 30 days after the first deposit is
made, if you are a new customer.
If FGB determines that there was no
error, FGB will send Customer a written
explanation within 3 business days after
it concludes its investigation.
Customer may ask for copies of the
documents that FGB used in its investigation.
Notwithstanding the foregoing, if a
notice of error involves a transaction
that was not initiated in any state,
territory, or possession of the United
States, the initial investigation period
shall be 20 days rather than 10 days,
and the extended investigation period
shall be 90 days rather than 45 days.
Customer must maintain sufficient funds
accounts to cover any request for transfers.
If FGB completes a payment transfer that
Customer makes or authorizes and FGB
subsequently learns that Customer has
insufficient funds for the transaction,
Customer agrees that FGB may reverse
the transaction or offset the shortage
with funds from any other account Customer
has with FGB. In any case, customer is
fully obligated to provide sufficient
funds for any payments or transfers Customer
makes or authorizes.
Transfers are final at the time FGB
receives Customer's instructions. FGB
will make transferred funds immediately
available to the affected accounts.
Each transfer initiated on a non-business
day of legal bank holiday will be considered
initiated on the next ensuing business
day.
8. Canceling the Service:
To cancel FGB Internet Banking, Customer
must contact FGB in writing or by E-mail
to notify of Customer's decision to cancel.
FGB reserves the right to cancel or
suspend Customer's service at any time
without notice due to insufficient funds
or improper usage of the service. After
cancellation, service may be reinstated,
at the sole discretion of FGB, upon Customer's
request, provided that funds are available
to cover the cost of any fees or pending
transfers.
FGB may cancel Customer's service at
any time for any account which has not
been accessed by Customer for a period
of three (3) consecutive months.
FGB shall not be responsible for the
following incidents or errors:
Access: FGB shall not be responsible
for failure to provide access or for
interruptions in access due to a system
failure or due to other unforeseen acts
or circumstances.
Customer's Computer Equipment or Software:
FGB shall not be responsible for any
errors or failures resulting from any
malfunction of Customer's computer or
any computer virus or other problems
related to Customer's computer equipment
used in connection with the services
described in this Agreement. FGB shall
not be liable for any error, damages
or other losses Customer may suffer due
to the malfunction or misapplication
of any system used by Customer, including,
but not limited to, browsers (Microsoft
Explorer®, Netscape Navigator®,
or otherwise), Internet service providers
(ISP), personal financial management
or other software, (such as Quicken®,
or Microsoft Money®), or any equipment
used (including telecommunications facilities,
computer hardware and modem) by Customer
to access or communicate under this Agreement.
Online Bill Payment: FGB shall not
be responsible for postal delays or processing
delays by the payee for any bill payment
made through our Bill Payment service.
If FGB fails to timely complete a transfer
or make a required correction in accordance
with this Agreement, and such failure
is occasioned by FGB's willful or intentional
act or FGB's gross negligence, FGB will
be liable to Customer only for: (1) the
amount of that payment or transfer; and
(2) consequential damages or other losses,
if any, incurred by Customer. In no event
shall FGB be liable for punitive damages.
Electronic Notice: By Customer's consent
to this Agreement, Customer consents
that FGB may send notices by electronic
mail (E-mail). Customer may use E-mail
to contact FGB about inquiries, maintenance,
and/or some problem resolution issues.
Customer understands that E-mail may
not be a secure method of communication.
FGB therefore recommend that no confidential
personal or financial information be
sent by E-mail. There may be times when
you may 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 FGB's
office at (239) 332-4440. The office
lobby is open Monday through Thursday
from 9:00 AM to 4:00PM, Friday from 9:00
AM to 5:00 PM.
Ownership of Website: The content,
information and offerings on FGB's website
are owned by Florida Gulf Bank, and the
unauthorized use, reproduction, linking
or distribution of any portions thereof
are strictly prohibited.
Geographic Restrictions: The services
available on FGB's website are offered
solely to residents of the United States.
Access may not be available outside of
the United States, and FGB reserves the
right to refuse to respond to any communication
initiated outside the United States.
Laws: Regardless of where Customer
is domiciled, or where Customer is accessing
FGB Internet Banking services, this Agreement
shall interpreted under the laws of the
State of Florida and of the United States
of America. If any of the terms of the
agreement cannot be legally enforced,
they will be considered changed to the
extent necessary only to comply with
applicable laws, and no other provision
shall be deemed to be changed.
Excusable Delay: No party to this Agreement
shall be liable to the other for loss,
costs, 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. Failure "beyond
reasonable control" shall be deemed
to mean, but not be limited to, acts
of God, strikes, lockout, or other industrial
disturbances, wars, whether declared
or undeclared, blockades, insurrections,
riots, governmental actions, explosions,
fire, flood, or other causes not within
the reasonable control of either party.
Amendments: The terms and conditions
governing FGB Internet Banking, including
cost and fees, may be amended by FGB
at any time upon thirty (30) days advance
notice by US mail or by E-mail. Customer's
continued use of this service shall constitute
acceptance of any such amendment(s) to
this Agreement, including any instructions
on the use of this service. Notice shall
be considered delivered at the time sent
by FGB.
Entire Agreement: This Agreement sets
forth the entire agreement between the
parties, and it shall supercede all prior
understandings or agreements between
the parties, whether written or oral.
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ACCEPT | I
DECLINE |
