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30 West Patrick Street
Frederick, MD 21701
(301) 620-1400
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FCB ONLINE BANKING AND
BILL PAY AGREEMENT
TABLE OF CONTENTS
FCB ONLINE BANKING AGREEMENT AND
ELECTRONIC FUNDS TRANSFER DISCLOSURE
A. FCB Online Banking Service
B. Access of Accounts
C. Equipment and Technical Requirements
D. Service Availability and Business Days
E. Services Available through FCB Online Banking
F. Fees
G. Transaction Procedures
H. Security Procedures
I. Limits on FCB Online Banking Transactions
J. Online Stop Payments
K. Documentation
L. Your Liability
M. Disclosures
N. Liability for Failure to Complete Payments or Transfers
O. Liability of Consumer for Unauthorized Use, Transactions, Loss, or Theft
of Your FCB Online Banking Access ID and/or Password
P. Errors or Questions
Q. FCB Online Bill Pay Service
R. Account Information Disclosure
S. Other Conditions and Termination
T. Change in Terms
Acceptance of Agreement and Signature
By enrolling in this service on Frederick County Bank's website, you consent
to receive electronic information as stated on the previous page. When you
click "I Consent" at the end of this Agreement, this constitutes your
written signature and approval of, and agreement to be bound by, the
provisions of this Agreement, effective March 1, 2009, and future amendments
and addenda hereto (except as otherwise provided in this notice). If you
wish to have a hard copy of this agreement, either print a copy now,
click
here to download an Adobe Acrobat version of the file, or call a Frederick
County Bank Customer Service Representative at 301-620-1400.
FCB Online Banking Agreement and Disclosure
Please read the FCB Online Banking Agreement
and Electronic Funds Transfer Disclosure statement before proceeding with
your enrolment.
FCB ONLINE BANKING
AGREEMENT AND ELECTRONIC FUNDS TRANSFER DISCLOSURE
This Agreement states the terms and
conditions governing the use of the FCB Online Banking services, and the
disclosures required by the Electronic Funds Transfer Act. These terms and
conditions are in addition to those that apply to any accounts you have with
us or any other services you obtain from us. You must also follow all of our
instructions and procedures applicable to the services covered by this
Agreement.
"You" and "your" mean each person who applies
to use FCB Online Banking Services, who clicks "I Consent" at the end of
this Agreement, all holders and authorized users of any account that may be
accessed by the FCB Online Banking services, and anyone who uses or is
authorized to use an FCB Online Banking identification number and password
or other means of access we establish or approve.
"Us", "Our", "We", or "Bank" means Frederick
County Bank (FCB). The term "FCB Online Banking" means our service that
allows you to make payments, transfer funds, access accounts, obtain
information, request online stop payments and perform other transactions
over the Internet by use of a personal computer and modem and/or other means
we authorize or allow. All references to time of day in this Agreement and
Disclosure refer to Eastern Standard Time.
"Transaction" means any request initiated
within FCB Online Banking to transfer funds between deposit or credit
accounts or to place an online stop payment, as applicable. Other uses of
"transaction" herein will typically refer to account activity initiated
outside of FCB Online Banking. FCB Bill Pay has additional specific terms
indicated within this Agreement.
A. FCB Online Banking Service
FCB Online Banking is a consumer electronic banking service. You may access
FCB Online Banking through Frederick County Bank's website on the Internet (www.frederickcountybank.com).
When you access FCB Online Banking, your instructions may be recorded. You
consent to such recording.
B. Access of Accounts
In order to use FCB Online Banking and access your accounts, you must have
personal deposit or loan accounts with FCB within the same portfolio (system
grouping scheme) and your name must appear on a name line (as an
owner/signer) on each such account. You may not designate any account that
requires more than one signature for withdrawals. Notwithstanding the terms
of any of your existing or future agreements with us, any person granted
access to FCB Online Banking may authorize us to make Transactions to and
from your accounts.
C. Equipment and Technical Requirements
In order to have access to FCB Online Banking, you are required to acquire
and maintain, at your own expense, Internet access and an Internet browser
with the security and 128-bit encryption level required. We are not
responsible for any computer virus or similar problem caused by the use of
FCB Online Banking.
D. Service Availability and Business Days
FCB Online Banking is generally available 24 hours a day, 7 days a week.
However, we only process Transactions, update information and provide
customer support on Business Days. In addition, FCB Online Banking may be
temporarily unavailable due to record updating or technical difficulties
experienced by us or our agents.
- Our Business Days are Monday through
Friday (Holidays are excluded)
9:00 A.M. to 4:30 PM Eastern Standard Time (EST).
- The cut-off time for same-day processing
of Transactions initiated through FCB Online Banking is 7:00 p.m. EST on
a Business Day.
- The cut-off for "Today" bill payments is
defined as before 12:00 (midnight) on the day you request a "Today"
Transaction via FCB Online Bill Pay.
E. Services Available through FCB Online
Banking
Subject to the terms and conditions of this
Agreement and Disclosure, you can instruct us to perform the following
transactions:
- Inquire on account balances
- Review account history and transaction
details
- Transfer funds between your FCB accounts
- Request advances from, and payments to,
pre-approved personal lines of credit
- Make online bill payments
- Request online stop payments
- Export transaction statement files
F. Fees
Monthly Service Fee. The Bank may charge a
monthly service fee for use of FCB Online Banking. The amount of any such
fee currently in effect is set forth below. Monthly service fees, if
applicable, will be deducted from the Primary Checking Account (or any other
account, if the Primary Checking Account does not have sufficient funds) at
the end of each statement cycle beginning with the month FCB Online Banking
is made available to you. The Bank will continue to so charge your account
until you or we terminate the service. There is currently no monthly service
charge for FCB Online Banking (not including Bill Pay service as specified
in Section Q).
Transaction Fees. If the account from which the Transaction is made has
per-item fees for excess debit transactions, such as Basic Checking, Regular
Savings or Money Market accounts, a fee will be charged to that account for FCB Online Banking Transactions in excess of the specified limits. The
amount of such fees, and specific types of accounts to which such fees
apply, are set forth in the Bank's current Personal Accounts Fee Schedule,
which may be obtained at any FCB branch office. Online stop payment requests
have a reduced fee of $25 each.
Applicable to All Fees and Charges. If you do not have sufficient funds in
your account on the date any fee or charge is payable, the Bank is
authorized to automatically deduct the fee or charge from your account even
if this causes your account to become overdrawn, or to employ our right of
setoff as defined in Important Information About Deposit Accounts, a copy of
which is available from any branch location or by calling the Bank.
Taxes. You agree to pay all sales, use or other taxes applicable to the FCB
Online Banking services, excluding taxes based on our net income. You
authorize us to debit these fees and taxes from any account.
G. Transaction Procedures
When you request certain Transactions (e.g.,
Future Transfers as described below), you will select a date for us to
initiate the Transaction (Transaction Date). When you initiate a Transaction
without selecting a date (Today Transfer as described below), the effective
Transaction Date is generally considered to be at the time the Transaction
is initiated. However, in either case, if the Transaction Date you select or
initiate the request on is not a Business Day (a Saturday, Sunday or
holiday) or if you do not complete your request by any cut-off time
specified in this Agreement and Disclosure for the type of Transaction at
issue, the effective Transaction Date is deemed to be the next Business Day.
Sufficient funds must be available by 7 p.m. EST on the effective
Transaction Date and will be deducted from the specified account on the
effective Transaction Date.
Transactions may be processed in three different timing modes as follows:
Today. When you request an
Express Transfer or One Time Transfer through FCB Online Banking, the
Transaction Date is the Business day when you make the request. Today
Transactions can not be cancelled for any reason once your FCB Online
Banking session is ended, whether voluntarily or not, as funds are
immediately deducted from the specified account.
Future. If you designate a Transaction as a Future
Transaction through FCB Online Banking's Scheduled Transfer function,
you may designate a date up to 364 days in advance of the Transaction
Date. Future Transactions may be cancelled or changed until 7 p.m. EST
on the Transaction Date.
Recurring. If you designate a Transaction as a Recurring
Transaction through FCB Online Banking's Scheduled Transfer function,
you will designate, and the Bank will use, a transfer frequency as
follows: Monthly, Quarterly, Semiannually, Annually, Weekly, Biweekly,
or Bimonthly. You will designate a Start date. Recurring Transactions
may be cancelled or changed (e.g., "Skipped") until 7 p.m. EST on the
Transaction Date.
H. Security Procedures
To access the FCB Online Banking service, you must specify and use an Access
ID, together with a Password. You will be asked to change your Password from
either your FCB Phone 24 (24-hour telephone banking) password or last four
digits of your social security number when you access the system for the
first time. We require that you change your Password at least every 90 days.
Anyone to whom you give your FCB Online Banking Access ID and Password or
other means of access will have full access to your account. You are
responsible for the safekeeping of your Password and agree not to disclose
or otherwise make it available to anyone not authorized to access your
accounts.
FCB utilizes 128-bit encryption which provides secure end-to-end
transmission of data files for FCB Online Banking. Do not download FCB
Online Banking data to a computer or any storage media that you do not own
or control. FCB recommends that your FCB Online Banking information should
be stored with the same care that you would store paper statements and makes
no claim to security except during transmission on our secured server.
You and we agree that these security procedures will be used to verify the
authenticity of your instructions to make Transactions. Unless otherwise
required by law, Transaction requests received by us shall be effective as
your requests, whether or not authorized in fact, as long as we accept the
Transaction requests in good faith and in accordance with the security
procedure. You represent that you have considered the security procedures of
the FCB Online Banking services and find that the security procedures are
commercially reasonable for verifying that any Transaction (transfer, stop
payment) or communication purporting to have been issued by you is, in fact,
yours. In reaching this determination, you have considered (and will
continue to monitor and consider) the size, type and frequency of
Transactions or other communications that you anticipate issuing to FCB.
I. Limits on FCB Online Banking Transactions
You may only transfer, or make payments from, funds that are available in
your account(s). If any of your qualifying accounts are money market or
savings accounts, certain types of withdrawals from those accounts,
including payments and transfers, are limited to a total of no more than 6
in any monthly statement period. Withdrawals covered by this limitation are
those made by means of online Transactions, pre-authorized or automatic
transfers and payments, or telephone agreement. Furthermore, a total of only
3 such withdrawals may be made by check, draft, debit card, or similar order
payable to third parties. Exceeding these Transaction limits may result in
our changing your account to a Regular Checking Account. You also agree to
the terms and conditions stated in Important Information About Deposit
Accounts that you received when you opened your account; you can request
another brochure at any time by contacting the Bank.
J. Online Stop Payments
Subject to certain limitations, you may request the Bank to stop payment on
any check or other item drawn on electronic transfers affecting your account
(collectively Items), whether drawn by you or any other Account Owner. A fee
is charged for this service. The online stop payment request will be
effective if the Bank receives the request at such time and in such manner
as to afford the Bank a reasonable opportunity to act upon the request. A
stop payment request may be given online and in real time via FCB Online
Banking using the Add Stop Payment function. The cut-off time for same-day
processing of such requests is 7:00 p.m. EST. In all events, online stop
payment requests received after 7:00 p.m. EST will be processed on the next
Business Day.
In the case of payments you have arranged to be regularly made from your
accounts, oral or written notice must be made in time for us to receive your
request at least three business days before the next payment is scheduled to
be made. The Bank will require you to provide the exact amount (or range of
amounts), the check number (or range of numbers), together with the name of
the payee for each Item or range of Items. Accuracy is essential since
online stop payment orders are processed on the basis of precise
information. If you enter incorrect information, the Bank will not be
responsible for failing to stop payment on the Item. An online stop payment
order becomes effective when we confirm its receipt and have verified that
the Item or transaction has not been paid by us. You may only stop payment
on a check you have written. You may not stop payment on a check for which a
cashier's/official check was issued. In addition, you may not stop payment
on checks governed by a separate agreement, such as a check guaranty
agreement. Further, you may not stop payment on a check after acceptance of
the check by the Bank.
You should be aware that while payment of an Item may be stopped, you may
remain liable to any person, including the Bank, who is a holder of the Item
despite the online stop payment order. The validity and duration of online
stop payment orders are subject to applicable state law. Online stop payment
orders on checks and ACH (Automated Clearing House) items are good for 180
days (unless renewed or stated otherwise). You will subsequently be mailed a
confirmation of the online stop payment request. You need to verify all
information in the confirmation and contact us if there is a discrepancy.
You agree to indemnify, defend and hold the Bank harmless from any loss,
expense, and cost incurred as a result of stopping payment on an Item, other
than losses or costs arising out of our failure to act in good faith or with
ordinary care. If you issue a replacement Item, you are responsible for
reviewing the prior statements to determine if the original Item has been
paid. The Bank will only review its records for transactions since your last
statement date. The Bank will not be responsible for any loss incurred by
you if you issue a replacement Item for any check on which you stopped
payment if payment of the original Item was reflected on a previous bank
statement. The provisions of this section shall survive termination of this
Agreement and Disclosure.
K. Documentation
You will get a monthly account statement from us for your checking account(s).
You will get a monthly account statement from us for your savings account(s),
unless there are no transfers in a particular month. In any case, you will
get a statement at least quarterly.
L. Your Liability
You are liable for all Transactions that you or anyone you authorize makes.
If you have given someone your FCB Online Banking number and Password or
other means of access and want to terminate that person's authority, you
must change your Access ID and Password or other means of access or take
additional steps to prevent further access by such person. You are
responsible for all Transactions made by anyone on your accounts with your
Password, including unauthorized Transactions, subject to limitations of
applicable law. Legal limitations on your liability for unauthorized
Transactions, if applicable, are summarized in this document.
M. Disclosures
Unless specifically provided otherwise in the next sentence, the disclosures
of Sections M, N(2), O(2) and (3), and P, and the rights and obligations
contained therein, apply only to "Regulation E Transactions," which are
transactions governed by the Federal Electronic Funds Transfer Act and
Federal Reserve Board Regulation E, made by a natural person whose accounts
were established for personal, family or household purposes.
For all non-Regulation E Transactions, our duties and responsibilities are
limited to those described in this Agreement. We will exercise reasonable
and ordinary care in performing our obligations under this Agreement and
will be responsible for any loss you sustain only to the extent such loss is
caused by our gross negligence or willful misconduct and as otherwise
required by the Maryland Uniform Commercial Code, Article 4A, and federal
law. Under no circumstances will we be responsible for any liability, loss
or damage resulting from any delay in the performance of or failure to
perform our obligations under this Agreement which is caused by any: act of
God, fire or other catastrophe; electrical or computer (hardware or
software) failure or interruption; or, without limiting the generality of
the foregoing, any other cause beyond our control. We are not liable for any
actual or direct loss arising out of mistakes, omissions, interruption,
delays, errors, or defects in transmissions of data or other uses of the FCB
Online Banking Services. THE FCB ONLINE BANKING SERVICES ARE PROVIDED "AS
IS". THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A
PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, REGARDING THE FCB ONLINE BANKING SERVICES. YOU ASSUME ALL RISKS OF
THE USE, RESULTS AND PERFORMANCE OF THE FCB ONLINE BANKING SERVICES. WE ARE
NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR
LOSS OF PROFITS, REVENUE OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT,
PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF THOSE DAMAGES. WE WILL NOT BE LIABLE FOR DIRECT DAMAGES CAUSED BY LATE
TRANSMISSION, PRODUCT DEFECT, OR ANY OTHER CAUSE, EXCEPT AS EXPRESSLY
PROVIDED FOR IN THIS AGREEMENT. ANY LIABILITY WE MAY HAVE (WHETHER IN
CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID US UNDER
THIS AGREEMENT FOR THE 30 CALENDAR DAYS PRIOR TO THE TIME WE INCURRED THE
LIABILITY.
N. Liability for Failure to Complete Payments or Transfers
If we do not complete a payment or transfer on time or in the correct amount
according to your instructions given in accordance with this Agreement and
Disclosure, we may be liable for damages caused. However, there are some
exceptions. We will NOT be liable, for instance, if:
- through no fault of ours, you do not
have enough available funds in the account from which a payment or
transfer is to be made, if the account has been closed, is not in good
standing, or if we reverse a payment or transfer because of insufficient
funds;
- any payment or transfer exceeds the
credit limit of any account;
- your equipment or ours was not working
properly and the breakdown should have been apparent to you when you
attempted to conduct the Transaction;
- you have not given us complete, correct
or current account numbers or identifying information so that we can
properly credit your account or otherwise complete the Transaction;
- you do not properly follow our
instructions or if you provide us with wrong or inaccurate information,
or fail to correct or tell us about any inaccuracy of which you are
aware;
- you do not instruct us soon enough for
your payment or transfer to be received and credited by the time it's
due;
- the money in the account from which a
payment or transfer is to be made is subject to legal process or other
claim that restricts the Transaction;
- the circumstances or persons beyond our
control prevent, delay, intercept or alter the Transaction, despite
reasonable precautions that we have taken;
- we have a reasonable basis for believing
that unauthorized use of your Password or accessible account(s) have
occurred or may be occurring;
- you default under any agreement with us
or if you or the Bank terminates this Agreement and Disclosure; or,
- the Transaction would exceed one of the
limits established in this Agreement and Disclosure.
O. Liability of Consumer for Unauthorized
Use, Transactions, Loss, or Theft of Your FCB Online Banking Access ID
and/or Password
1. You must notify the Bank immediately if
you believe any of your Accounts have been accessed or your Password has
become known to an unauthorized person. Telephoning is the best way of
keeping possible losses to a minimum. If you suggest that an unauthorized
transfer or payment may have occurred, you may be required to sign an
affidavit.
2. You could lose all the money plus any available overdraft line of credit,
if any, in your deposit account(s) accessed through FCB Online Banking if
you don't inform the Bank that your Password has become known to an
unauthorized person. If you tell the Bank within two business days after you
learn of the loss or theft, you can lose no more than $50.00 if an
unauthorized person used your Password to access FCB Online Banking without
your permission.
If you do not tell the Bank within two banking days after you have learned
that your Password has become known to an unauthorized person, and the Bank
can prove that it could have stopped someone from using your Password
without permission if you had told the Bank, you could be liable for as much
as $500.00.
If your statement shows electronic funds transfers that you did not make,
you must notify the Bank immediately. We may require you to provide your
complaint in the form of an affidavit. If you do not tell us within 60 days
after the statement was mailed, you may not get back any money you lost
after the 60 days if we can prove that the Bank could have stopped someone
from taking the money if you had told us in time.
3. If you believe your FCB Online Banking Access ID and/or Password, or
other means of access have been lost or stolen, or that someone has used
them without your authorization, contact the Bank immediately. A telephone
call is the best way of reducing your possible losses. You may contact us at
(301) 620-1400 during normal business hours. You may also e-mail: fcbsupport@fcbmd.com
or write to us at: Frederick County Bank, P.O. Box 1100, Frederick, MD
21702-0100. An e-mail may or may not reach its destination, and is not a
secure means of communication; therefore, DO
NOT include your account number, Password or social security number when
sending e-mail. A brief message
concerning the problem will be sufficient. We will send you back a
confirmation that the message was received.
P. Errors or Questions
1. Your FCB Online Banking payments and
transfers will be indicated on the monthly or quarterly statements we
provide to you for each account. You agree to notify us promptly if you
change your address or if you believe there are any errors or unauthorized
Transactions on any statements, or statement information.
2. Telephone us at (301) 620-1400 during business hours or write us at
Frederick County Bank, P.O. Box 1100, Frederick, MD 21702-0100 as soon as
you can if you think your statement is wrong or if you need more information
about a transfer listed on the statement.
3. We must hear from you no later than 60 days after we send the FIRST
statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error or the 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.
- 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 after we hear from you 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
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 within 10 business days, we may
not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated
transactions, we may take up to 90 days to investigate your complaint or
question. For new accounts, we may take up to 20 business days to credit
your account for the amount you think is in error.
We will tell you the results within three business days after completing our
investigation. If we decide that there was no error, we will send you a
written explanation. You may request copies of the documents that we used in
our investigation.
Important Notice: Should
you complete the FCB Online Bill Pay Registration process the following
(Section Q) will apply.
Q. FCB Online Bill Pay Service
This Agreement and Disclosure provides information about the FCB Online Bill
Pay service and contains the disclosures required by the Electronic Funds
Transfer Act.
FCB Online Bill Pay Service. FCB Online Bill Pay is a consumer
electronic banking service. You may access FCB Online Bill Pay using a
personal computer through Frederick County Bank's web page on the Internet.
Designation of Primary Account. You understand that in order
to use FCB Online Bill Pay, you must have a checking account with FCB. The
designated checking account will be treated as the "primary" checking
account for Bill Pay Transactions accomplished through FCB Online Bill Pay.
Business Day. Our business days with respect to FCB Online
Bill Pay, the days of the week that the Bank will process FCB Online Bill
Pay instructions, ("Business Days") are Monday through Friday, except bank
holidays. Although Bill Payments are processed by us on Business Days only,
you can initiate a Transaction through FCB Online Bill Pay 24 hours a day,
seven days a week, except during maintenance periods; however, the Bill
Payment instruction will be completed on the next Business Day as described
in Bill Payment Procedures.
Service Available through FCB Online Bill Pay. The FCB Online
Bill Pay service allows you to:
1. Access your designated account to pay
most bills (Bill Payments);
2. Obtain limited account balance information; and
3. Obtain certain FCB product and service information.
Collectively, these are referred to as the "FCB
Online Bill Pay service".
General Information About FCB Online Bill Pay. You may use FCB
Online Bill Pay virtually any time, day or night, 7 days a week. However,
FCB Online Bill Pay may be temporarily unavailable due to FCB record
updating, or technical difficulties. In addition, access to FCB Online Bill
Pay is made available pursuant to a license agreement by and between
Frederick County Bank, Frederick, MD and Online Resources & Communications
Corporation, Chantilly, VA ("Online Resources"). Any interruption of service
or access caused by Online Resources will also prevent your use of the
service. To utilize the services, you will need to accept this Agreement,
enter your User ID and Password, and otherwise satisfy the system's security
procedures.
Bill Payment Procedures. Bill Payments may be processed in
three different Transaction modes. They are as follows:
1. "Today" --- If you designate a payment as a "Today" Transaction, the
scheduled initiation date will be the next business day. However, sufficient
funds must be available on the day and at the time you request the "Today"
Transaction. "Today" Bill Payments may not be canceled for any reason once
you have ended a FCB Online Bill Pay session, as funds are immediately
deducted from your designated account. "Today" is defined as before 12:00
midnight on the day you request a "Today" Transaction.
2. "Future" --- If you designate a Bill Payment as a "Future" Transaction,
you may request that the Transaction be made on a future date that you may
designate up to three hundred sixty four (364) days in advance of the
Scheduled Initiation Date. The processing date will be the effective date
you entered, or the next business day should the effective date fall on a
weekend or holiday. Sufficient funds must be available by 12:00 midnight of
the night before the processing date, but will be deducted from your
designated account on the Scheduled Initiation Date. "Future" Transactions
may be canceled or changed until 12:00 midnight of the night before the
Scheduled Initiation Date.
3. "Recurring" --- If you designate a Bill Payment as a "Recurring"
Transaction, you may request, and FCB will use, a Scheduled Initiation Date
that reoccurs on a specified regular basis (i.e. weekly, bi-weekly, monthly,
etc). You will designate a "start" and "end" date. Sufficient funds must be
available by 12:00 midnight of the night before the Scheduled Initiation
Date, but will be deducted from your designated account on the Scheduled
Initiation Date. "Recurring" Transactions may be canceled or changed until
12:00 midnight of the night before the Scheduled Initiation Date.
Account Designation and Payees. Bill Payments you make through
FCB Online Bill Pay will be deducted from your designated funding account.
You may use FCB Online Bill Pay service to make Bill Payments to a maximum
of up to two hundred fifty (250) payees. Any payee you wish to pay through
FCB Online Bill Pay must be payable in U.S. Dollars and located in the
United States. Each payee must appear on the payee list you create with us
and the account you are paying with must be in your name. You may not use
FCB Online Bill Pay to make payments to a federal, state or local
governmental or tax unit, or to other categories of payee that we establish
from time to time.
Processing. Funds will be taken out of your designated funding
account on the Scheduled Initiation Date. In many cases, your Bill Payments
are electronically delivered to the payee within two (2) business days of
the Scheduled Initiation Date. However, some payees are not set up to accept
electronic payment. In these cases, a check will be sent, which may take
five (5) business days to process and deliver to the payee. FCB Online Bill
Pay provides an indication of how many days to allow for each payee you
designate.
You must allow sufficient time (2 or 5 business days, as indicated) for FCB
Online Bill Pay to receive your request and process the Bill Payments so
that the funds can be delivered to the payee before the payment due date, or
for mortgage payments, on or before the due date (the due date shown on your
invoice or provided in your agreement with the payee, not taking into
account any grace period provided by the payee). If you do not allow
sufficient time, you will assume full responsibility for all late fees,
finance charges, or other actions taken by the payee. If you schedule your
payment with sufficient time, and the payment was not received by the payee,
or was received late, FCB Online Bill Pay Customer Service will assume
responsibility for any late fee(s) and/or penalty(ies) incurred as a result.
Funds must be available in the designated Bank account at the time the
payment is processed.
FCB is responsible only for exercising ordinary care in making payments upon
your authorization and for mailing or sending a payment to the designated
payee. FCB is not liable in any way for damages you incur if you do not have
sufficient funds in your account to make the payment on the processing date,
if the estimate of time to allow for delivery to the payee is inaccurate, or
due to delays in mail delivery, changes of merchant address or account
number, the failure of any merchant to account correctly for or credit the
payment in a timely manner, or for any other circumstances beyond the
control of FCB.
FCB Online Bill Pay Customer Service will attempt to notify you by
in-session Bill Pay email on the Scheduled Initiation Date if a Bill Payment
is not processed because there are insufficient funds available in your
account. FCB is not responsible if FCB Online Bill Pay customer service is
unable to reach you, whether or not this is due to events beyond the control
of FCB Online Bill Pay customer service. To take advantage of this service,
you must be logged in to FCB Online Bill Pay in order to retrieve in-session
email messages. In all cases, you are responsible for either making
alternate arrangements for the payment, or rescheduling the payment through
FCB Online Bill Pay.
Limitations on FCB Online Bill Pay Services:
1. Dollar Limitations. There is a dollar
limit of $24,999.99, or the available balance in your designated funding
account, plus, if applicable, your overdraft protection account (line of
credit or savings/money market), whichever is less, on any Bill Payment.
Please note that your overdraft protection account available balance
will not be shown and will not be applied to "Today" payments. To access
your available overdraft protection account Bill Payments require a
future date ("Future" or "Recurring").
2. Transaction Limitations. Except as provided herein, all Bill Payments
from an account are subject to the terms and conditions applicable to
such account as set forth in the account agreement governing such
account. With respect to interest bearing money market and savings
accounts, you may not make more that six transfers or withdrawals per
month to another account of yours or more than three to third parties,
when these transfers are made by means of a preauthorized or automatic
transfer, or telephonic agreement, order or instruction.
3. Available Funds Required. All Bill Payments initiated through FCB
Online Bill Pay are subject to there being sufficient funds available in
the affected account to cover the transfer on the Scheduled Initiation
Date or earlier.
Stopping or Modifying FCB Online Bill
Pay Authorized Payments. Bill Payments designated as "Today"
Transactions cannot be stopped, canceled, or changed once your FCB Online
Bill Pay session is terminated. Except as stated below, in order to change a
FCB Online Bill Pay Transaction designated as "Future" or "Recurring," you
must use FCB Online Bill Pay and follow the instructions provided to you.
You must cancel the payment using FCB Online Bill Pay by 12:00 midnight of
the day before the scheduled processing day.
You understand that we will only accept a verbal or written notice to stop a
FCB Online Bill Pay Transaction if it relates to a payment designated as
"Recurring" and only if the notice is received at FCB Online Bill Pay
Customer Service, either by calling 1-800-807-9854 or 301-620-1400, or by
providing your written notice to the following address: Frederick County
Bank, Operations Department, P.O. Box 1100, Frederick, MD 21702-0100, no
later than six (6) business days before the scheduled date of the payment.
If you call, we may also require you to put your request in writing and
deliver it to us within fourteen (14) days after you call. The notice must
detail whether the cancellation applies to only one of the Recurring
Transactions, or all Transactions in the recurring stream.
If you request a cancellation of a Transaction as set forth above and we do
not do so, we will be liable for the damages caused as explained above.
Authorization To Charge Accounts. You authorize us to charge
your designated account for any Transactions accomplished through the use of
FCB Online Bill Pay, including the amount of any Bill Payment that you make,
and any charges for the service. You understand that in adding a payee or
maintaining a payee list, even if no payments are scheduled, you are
electing to use the Bill Payment service and therefore may be charged
accordingly. You authorize us to process Bill Payments according to the
instructions we receive if the instructions are received from you through
FCB Online Bill Pay. You authorize us to initiate any reversing entry or
reversing file, and to debit your accounts at FCB or elsewhere, in order to
correct any mistaken credit entry. You understand that if a Bill Payment
request describes the beneficiary inconsistently by name and account number,
execution of the request will occur on the basis of the account number, even
if it identifies a beneficiary different from the named beneficiary.
Further, FCB may rely on any FCB account number supplied by you as a means
to identify any other FCB account you may own, even if the account number is
different than the FCB account named by you. Your obligation to pay the
amount of the Bill Payment to FCB is not excused in such circumstances and
we may employ our right of setoff (as defined in Important Information About
Deposit Accounts, a copy of which is available from any branch location or
by calling the Bank) to satisfy your obligation to us.
Account Information; Electronic Notice. You may check the
available balance of the FCB account that is accessed through FCB Online
Bill Pay. (NOTE: the balance figure may not reflect recent transactions, and
may not include funds which are not subject to immediate withdrawal.)
Service Fees:
1. Monthly Service Fee --- We may charge you a monthly service fee for use
of FCB Online Bill Pay. The amount of the fee is set forth under the
"Schedule of Service Charges" at the end of this Section. We will
automatically deduct the service fee from your primary checking account
beginning with the statement cycle in which you applied for the service,
unless a different date is agreed to. We will continue to charge your
account monthly on the same day (or the next banking day if the due date
falls on a weekend or holiday), until the service is discontinued.
2. Transaction Fees --- If the deposit account from which the payment or
transfer is made is charged per-item fees for excess debit transactions,
such as limited checking accounts or customer savings accounts, a fee will
be charged for each FCB Online Bill Pay payment or transfer in excess of the
specified limit. The transaction fee may not apply to other accounts. The
amount of this fee, and specific types of accounts that are excluded from
this fee, are set forth in FCB's Personal Accounts and Service Schedule of
Fees.
3. Applicable To All Fees and Charges --- If you do not have sufficient
funds in your account on the date the fee or charge is payable, you
authorize us to automatically deduct the payment from your account as soon
as funds are available should we elect to reprocess your payment request.
Security Procedures. A Password ("Password") will be issued to
you for security purposes. You understand that this Password will be used
only the first time you access the service, when you then will define a new,
Password. The Password is confidential and should not be disclosed to third
parties. You are responsible for the safekeeping of the Password. You agree
not to disclose or otherwise make the Password available to anyone not
authorized to sign on your accounts.
You represent that you have considered the security procedures of the FCB
Online Bill Pay services and find that the security procedures are
commercially reasonable for verifying that a Bill Payment purporting to have
been issued by you is, in fact, yours. In reaching this determination, you
have considered the size, type and frequency of Bill Payment requests that
you anticipate issuing to FCB.
If the FCB Online Bill Pay security procedures are not, in your judgment,
commercially reasonable, you must inform us within 30 days. If the size,
type and frequency of your Bill Payments change, and the result is that the
FCB Online Bill Pay security procedures cease to be commercially reasonable,
you must also inform us of this within 30 days.
Liability for Unauthorized Use. You will notify us immediately
if you believe that your User ID or Password has become known to an
unauthorized person. Telephoning is the best way of keeping your possible
losses to a minimum. If you suggest that an unauthorized transfer or payment
may have occurred, we may require you to sign an affidavit.
You could lose all the money in your deposit account(s) accessed through FCB
Online Bill Pay (plus your maximum overdraft protection account balance
(line of credit or savings/money market), if any) if you don't inform us
that your User ID or Password has become known to an unauthorized person. If
you tell us within two business days after you learn of the loss or theft,
you can lose no more than $50.00 if an unauthorized person used your User ID
or Password to access FCB Online Bill Pay without your permission.
If you do not tell us within two banking days after you have learned that
your User ID or Password has become known to an unauthorized person, and we
can prove that we could have stopped someone from using your User ID or
Password without your permission if you had told us, you could be liable for
as much as $500.00.
Also, if your statement shows electronic funds transfers (bill payments)
that you did not make, you will notify us immediately. We may require you to
provide your complaint in the form of an affidavit. 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.
Notification of unauthorized transaction or a lost or stolen access
device. If you believe your FCB Bill Pay User ID or Password have
become known by an unauthorized person, or that someone has transferred
money or made payments without your permission, you will immediately call
FCB Online Bill Pay Customer Service at 1-800-807-9854 or 301-620-1400.
Liability for Failure To Make Payments. If we do not send a
payment or make a transfer on time, or in the correct amount according to
your instructions given in accordance with this Agreement and Disclosure, we
will be liable for damages caused. However, there are some exceptions. We
will not be liable, for instance, if:
- through no fault of ours, your
designated funding account does not contain sufficient funds to make the
payment or transfer.
- the payment or transfer would exceed the
available balance on your overdraft protection account (line of credit
or savings/money market).
- the equipment, ATM network, phone lines,
or computer systems were not working properly or were temporarily
unavailable.
- circumstances beyond our scope of
control, such as fire or flood, prevented the payment or transfer,
despite reasonable precautions that we have taken.
- a court order or legal process prevents
us from making a transfer or payment.
- you have a reasonable basis for
believing that unauthorized use of your User ID, Password, or designated
account have occurred or may be occurring or if you default under any
agreement with us or if you or we terminate this Agreement.
- the payee does not process a payment
correctly, or in a timely manner.
There may be other exceptions stated in our
agreement with you. If any of the circumstances listed in subparagraph 3) or
4) shall occur, we shall assist you with reasonable efforts in taking
appropriate corrective action to reprocess the Transactions that may not
have been completed or to correct Transactions that have incorrectly been
processed.
Errors or Questions. You will telephone us at 301-620-1400 or
write to: Frederick County Bank, Operations Department, P.O. Box 1100,
Frederick, MD 21702-0100 as soon as you can, if you think your statement is
wrong or if you need more information about a Bill Payment listed on the
statement. We must hear from you no later than 60 days after we send the
statement on which the problem or error appeared. A statement is considered
sent when it is first made available. You must:
1. Tell us your name and account number.
2. Describe the error or payment you are unsure about, and explain as
clearly as you can why you believe it is an error or why you need
information.
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that
you send your complaint or question in writing within ten business days. We
may require you to provide your complaint in the form of an affidavit.
We will inform you of the results of our investigation within ten (10)
business days (20 business days if the suspected error occurred outside the
United States or if it occurred at a merchant location for the purchase of
goods and services) after we hear from you and will correct any error
promptly. If we need more time, however, we may take up to forty five (45)
calendar days (90 days if outside the United States or if it occurred at a
merchant location for the purchase of goods or services) to investigate your
complaint or question. If we decide to do this, we will re-credit your
account within ten business days (20 business days if the suspected error
occurred outside the United States or if it occurred at a merchant location
for the purchase of goods or services) for the amount you think is in error,
so that you will have the use of your 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 ten days, we may not re-credit
your account.
If we determine that there is no error, we will send you a written
explanation within three (3) business days after we finish our
investigation. You may ask for copies of the documents that we used in our
investigation.
Other Problems. If you believe an error other than an
electronic funds transfer problem has occurred concerning a deposit account
or if you have a problem regarding a credit account accessed by a debit
card, you will refer to your monthly statement for instructions regarding
how to resolve your question or correct an error.
Account Information Disclosure. We will disclose information
to third parties about your account and the Bill Payments you make:
- when it is necessary for verifying or
completing payments or transfers, or resolving a problem relating to a
payment or transfer;
- in order to verify the existence and the
condition of your account for a third party, such as a credit bureau or
merchant;
- in order to comply with government
agency or court orders;
- to any subsidiary or affiliate;
- if you give us your written permission;
or
- as otherwise permitted in FCB's Deposit
Agreement and Disclosures, by law, or as required by government
regulations.
Documentation And Verification of
Payments and Transfers:
1. Confirmation Numbers --- Upon completion of a Transaction using FCB
Online Bill Pay, a confirmation number will be given. You should record this
number, along with the payee, scheduled date and Transaction amount in your
checkbook register (or other permanent record), because this will help in
resolving any problems that may occur. No printed receipts are issued
through FCB Online Bill Pay.
2. Periodic Statements --- Information concerning FCB Online Bill Pay
Transactions will be shown on your normal statement for the account from
which payments are made.
Other Conditions. You are responsible for complying with all
terms of this Agreement and Disclosure and the regulations governing the
deposit accounts which you access using FCB Online Bill Pay. We can
terminate your FCB Online Bill Pay privileges without notice to you if you
do not pay any fee required in this Agreement and Disclosure when due or if
you do not comply with those agreements. The regulations governing your
deposit account are set forth in your Deposit Agreement and Disclosures, a
copy of which is available from any branch location.
Change In Terms. We will mail or deliver a written notice to
you at least thirty (30) days before the effective date of any change in a
term or condition disclosed in this Agreement and Disclosure, if the change
would result in increased fees or charges, increased liability for you,
fewer types of available Bill Payments or stricter limitations on the
frequency or dollar amounts of transfers, unless prior notice is excused by
law.
Schedule of Service Charges. The Bank may charge a monthly
service fee for use of FCB Online Bill Pay. The amount of any such fee
currently in effect is set forth below. Monthly service fees, if any, will
be deducted from the Primary Checking Account (or any other account, if the
Primary Checking Account does not have sufficient funds) at the end of each
statement cycle beginning with the month FCB Online Bill Pay is made
available to you. The Bank will continue to so charge your account until you
or we terminate the service. There is currently no monthly service charge
for FCB Online Bill Pay.
Per item transaction fees may be charged for excess debit transactions on
selected checking and savings account(s). Please refer to Bank's Schedule of
Fees for Personal Accounts and Services for per-item fees on selected
checking or savings accounts.
R. Account Information Disclosure
The Bank will disclose information to third parties about your account and
transactions you make:
- when it is necessary for verifying or
completing transactions, or resolving a problem relating to a
transaction;
- in order to verify the existence and the
condition of your account for a third party, such as a credit bureau or
merchant;
- in order to comply with government
agency or court orders;
4. if you give written (including email) permission; or
- as otherwise permitted in the Bank's
deposit agreements and disclosures or as otherwise required or permitted
by law, or government regulations.
S. Other Conditions and Termination
You are responsible for complying with all terms of this Agreement and
Disclosure and the regulations governing the deposit accounts which you
access using FCB Online Banking and Bill Pay (if applicable). The
regulations governing your deposit account are set forth in Important
Information About Deposit Accounts, a copy of which is available from
any branch location or by calling the Bank. The Bank can terminate your FCB
Online Banking and Bill Pay privileges without notice at any time. You may
also terminate your FCB Online Banking and Bill Pay privileges at any time
by putting your request in writing and sending it to the address listed at
the end of this Agreement and Disclosure. Termination will be effective not
later than five Business Days after we initiate the termination procedure or
you notify us of your termination. In all cases, termination by you or us
will not affect your liability under this Agreement and Disclosure for
Transactions initiated through the use of FCB Online Banking and Bill Pay
and associated fees. Also, regardless of who terminates your FCB Online
Banking and Bill Pay privileges, any Future or Recurring Transactions or
Bill Payments with a Scheduled Date which occurs after the effective date of
termination will be automatically cancelled and will not be made.
T. Change in Terms
We will mail or deliver a written notice to you at least thirty (30) days
before the effective date of any change in a term or condition disclosed in
this Agreement and Disclosure, if the change would result in increased fees
or charges, increased liability for you, fewer types of available funds
transfers or stricter limitations on the frequency or dollar amounts of
transfers, unless prior notice is excused by law. In all other cases, we
will provide notice of changes in the manner we deem appropriate, including
email.
Frederick County Bank
P.O. Box 1100
Frederick, MD 21702-0100
I Consent
I Do Not Consent
Frederick County Bank
Frederick, Maryland USA
ANTIETAM BRANCH OFFICE
198
Thomas Johnson Drive
Frederick, MD 21702
(240) 379-7677 |
CRESTWOOD BRANCH OFFICE 6910 Crestwood Boulevard Frederick, MD 21703 (240) 529-1548 |
PATRICK CENTER
BRANCH OFFICE 30 West Patrick Street Frederick, MD 21701 (240) 379-7671 |
WALKERSVILLE BRANCH OFFICE 200 Commerce Drive Walkersville, MD 21793 (240) 529-1524 |
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Customer Service - (301) 620 - 1400
FCB Phone 24
24-Hour Telephone Banking System 1-(877)-236-1485 (toll-free)
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