Consumer Internet Banking Agreement

This Internet Banking Agreement and Disclosure (the "Agreement") is used to inform you of appropriate uses of Internet Banking to obtain information about your accounts, to transfer funds between your accounts, and other bank services available through the Internet. You agree to abide by the terms and conditions of this Agreement as well as the terms, conditions, agreements, fee schedules, and disclosures applicable specifically to any such service and provided on Phenix-Girard Bank 's web site or otherwise provided to you. "We", "us", “Bank”, “The Bank” and "our" refer to Phenix-Girard Bank. "You" and "your" refer to you and to each other person using "Phenix-Girard NetTeller" to use any account or service offered by Phenix-Girard Bank. You will use the "Phenix-Girard NetTeller" services only for personal, family or household purposes.

Security & Protecting Your Account

Phenix-Girard Bank is committed to the protection, security, and confidentiality of our customer’s personal and account information. In an effort to maintain this commitment, Phenix-Girard Bank continues to utilize the latest technology in the continuous development of its Internet Banking Service.

Phenix-Girard Bank uses the following methods to protect your account information:

· You can only access Internet Banking with browsers that have high security standards.

· You must have a valid ID and PIN to sign in. You are only allowed three attempts to log into Internet Banking with the correct ID and PIN. If you do not enter the correct ID and PIN your account will be locked after the third attempt. 

· After 10 minutes of inactivity you will be automatically logged off Internet Banking.

User ID and PIN; Your Responsibility Whenever the User ID and PIN are Used

In all your electronic communications with us, you must log onto the Phenix-Girard Bank web site, and use your User ID and PIN to initiate a secure "Phenix-Girard NetTeller" banking session with us. You may then use the communications tools provided by us. This provides us with the additional security provided within the Internet browser, and assists both you and us by requiring the use of your specific User ID and PIN.

When Phenix-Girard Bank first commences your "Phenix-Girard NetTeller" service, we will establish access for you using a temporary PIN. You will be required to change your PIN upon your first login. You agree that you will not under any circumstances disclose your PIN to anyone, including anyone claiming to represent Phenix-Girard Bank. You acknowledge that no one from Phenix-Girard Bank will ever ask you for your PIN, and that Phenix-Girard Bank employees do not need your PIN for any reason.

Phenix-Girard Bank is entitled to act upon instructions we receive with respect to any "Phenix-Girard NetTeller" banking service under your User ID and PIN. You are liable for all transactions made or authorized with the use of your PIN (except as your liability may be limited by law). Phenix-Girard Bank has no responsibility for establishing the identity of any person who uses your PIN. You agree that if you give your PIN to anyone or fail to safeguard its secrecy, you do so at your own risk since anyone with your Password will be able to view and have access to your accounts (regardless of whether they are a party to the accounts). If you believe the secrecy of your PIN has been compromised, you will immediately notify Phenix-Girard Bank of that fact, and will immediately change your PIN. For your protection, you should memorize your PIN and not write it down, and you should change your PIN periodically.

For joint accounts, we recommend that each person have a separate User ID and PIN. Each person on a joint account will be liable for all transactions that are made on that account by all other joint holders of the account.

You agree to indemnify and release Phenix-Girard Bank from any and all liability, and agree not to make any claim against Phenix-Girard Bank or bring any action against Phenix-Girard Bank, relating to its honoring or allowing any actions or transactions that were conducted under your PIN or acting upon messages or authorizations provided to us using your PIN.

You agree that we shall not be responsible for any loss, property damage or bodily injury arising out of or resulting from the failure of any person to provide you with access to our Online Banking services, whether caused by the equipment, software, the Bank, Internet service providers, Internet browsers, or the parties providing communication services to or from us to you. We are not liable for war, acts of government that may restrict or impair use of the Online Banking services, hurricanes, floods or other disasters, nor shall we be responsible for any direct, indirect, special or consequential, economic or other damages relating in any way to the foregoing.

By directing Phenix-Girard Bank, through the use of any Online Banking service initiated with your User ID and PIN, to transfer funds or make a payment of any kind, you authorize Phenix-Girard Bank to withdraw from the designated account the amount of funds required to complete the transaction. Any requests or instructions we receive from you through the Online Banking service using your User ID and PIN shall constitute writings with your signature as provided under all applicable law, and shall have the same force and effect as a writing signed by you. This includes requests with respect to funds in your account, stop payment orders, bill payment instructions, changes to accounts or services or any other communication you provide us through the Online Banking Service using your User ID and PIN

Possible Limitations on Your Liability for Unauthorized Transfers

Tell us AT ONCE if you believe your User ID and PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. 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, you can lose no more than $50 if someone used your User ID and PIN without your permission.

If you do NOT contact us within 2 business days after you learn of the loss or theft of your User ID and PIN, and we can prove we could have stopped someone from using your User ID and PIN to access your accounts without your permission if you had told us, you could lose as much as $500.

Also, if your account statement shows transfers that you did not make, contact us at once. 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 hospital stay) kept you from contacting us, we will extend the time periods.

If you believe your User ID and PIN have been lost or stolen or that someone has transferred or may transfer money from your accounts without your permission, PLEASE IMMEDIATELY

call us at (334) 298-0691
or write to:
Phenix-Girard Bank
Attn: Customer Service
P.O. Box 70
Phenix City, Alabama 36868

E-mail and Virus Protection

Phenix-Girard Bank encourages you not to send any confidential information including social security numbers, IDs, and PINs via e-mail. You need only to send your name and if desired, a phone number where customer service may reach you. Customer Service will answer all e-mails by e-mail unless they have questions or need further information from you.

Unless you have instructed us otherwise, you agree that Phenix-Girard Bank may send you electronic messages about other products or services we offer.

Phenix-Girard Bank is not responsible for any electronic virus that you may contract while using Internet Banking. Phenix-Girard Bank suggests you routinely scan your computer using a virus protection product to detect and remove viruses found.

Posting of Information

Information shown on "Phenix-Girard NetTeller" is generally current as of the immediately preceding Business Day. The Account balance may include deposits still subject to verification or other items memo posted to the account (e.g., debit card activity) by us and may not include deposits or loans in progress, outstanding checks or payments, or other withdrawals, payments, credits, or charges. Transfers initiated through "Phenix-Girard NetTeller" before 2:00 p.m. (Eastern Standard Time) on a Business Day are posted to your account the same day. Transfers completed after 2:00 p.m. (Eastern Standard Time) on a Business Day or on a Saturday, Sunday or banking holiday, will be posted on the next Business Day. Our "Business Days" are Monday through Friday, excluding holidays.

Please note that "Phenix-Girard NetTeller" identifies scheduled transfers based upon the User ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the Scheduled Transfer screens in both the Transfer and Bill Payer menu options of "Phenix-Girard NetTeller" will not reflect scheduled transfers made by multiple users from the same account if different User IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any scheduled transfers or bill payments from your accounts in order to avoid overdrafts.

Service Availability

Internet Banking with Phenix-Girard Bank is available 365 days a year. It is necessary to perform maintenance. This maintenance is limited to the early morning hours (i.e. Midnight - 5:00 a.m.) on Saturday or Sunday when possible. There are times Internet Banking may be down for extended periods of time or times other than Saturday and Sunday for more extensive maintenance, system upgrades, or to resolve equipment problems. During these periods, customers are notified of the maintenance on Phenix-Girard Bank’s web site and when attempting to log into Internet Banking.

Funds Transfer Service

You will be able to transfer funds between your Phenix-Girard Bank accounts only. If you do not want to have the ability to transfer funds between your accounts using Internet Banking, or if you want to restrict the accounts from which you can transfer funds using your ID and PIN, please see a customer service representative, and we will make the necessary adjustments to this service for you.

As an Internet Banking customer, you can make transfers between specified deposit accounts though Internet Banking. You are responsible for all transfers you or your authorized representative make using Internet Banking. Transfers that are made after the bank’s transfer cutoff time (2:00 pm EST) will not be processed until the following business day. Funds must be available in the account from which you wish to transfer funds on the date you enter the transaction.

Limits on Amounts and Frequency of "Phenix-Girard NetTeller" Transactions.

The number of transfers from Phenix-Girard Bank accounts and the amounts which may be transferred may be subject to certain limits 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.

Use of "Phenix-Girard NetTeller" to Stop Payment of Checks You have Written.

You may initiate stop-payment requests online via "Phenix-Girard NetTeller" only for paper checks you have written (non-electronically) on your Phenix-Girard Bank accounts. "Phenix-Girard NetTeller" stop-payment requests entered after 5:00 p.m 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. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. If you have enrolled in "Phenix-Girard NetTeller" Bill Payment services, you may be able to stop payments of electronic bill payments, but additional fees may apply.

Liability for failure to make transfers. 

 If we do not complete a transfer to or from your account in the correct amount in accordance with our agreement with you, our sole responsibility for an error in a fund transfer or bill payment will be to correct the mistake, but in no case shall the Bank be liable for any indirect, punitive, special, incidental or consequential damages (even if you have informed us of the possibility of such damages). If your instructions regarding the transfer or bill payment were received in a timely fashion, we may be responsible for late charges that you may incur as a result of our mistake. 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 the transfer;
2. If the transfer would go over the credit limit on your overdraft line;
3. If the funds in your account were attached or the transfer cannot be made because of legal restrictions affecting your account;
4. If circumstances beyond our control (such as, but not limited to, interruption of telephone service or telecommunication facilities, or natural disaster such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken;
5. If you have not properly followed the instructions for using the "Phenix-Girard NetTeller" service or any software;
6. If any electronic terminal, telecommunication device, or any part of the "Phenix-Girard NetTeller" electronic fund transfer system is not working properly and you knew about the problem when you started the transfer.
7. If your operating system or software was not properly installed or functioning properly;
8. If you are unable to access your Account or the Service due to Internet facility or service provider delays or other problems;
9. 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, or have failed to provide sufficient notice in advance of the payment date as required in this Agreement.
10. This agreement has been terminated; 
11. Unusual or extraordinary circumstances exist which would indicate improper or unlawful use of any authorized account; 

There may be other exceptions stated in our agreement with you. The Bank's sole responsibility for an error in a fund transfer or bill payment will be to correct the error, but in no case shall the Bank be liable for any indirect, punitive, special, incidental or consequential damages (even if you have informed us of the possibility of such damages). In states which do not allow the exclusion or limitation of liability for indirect, punitive, special, incidental or consequential damages, the Bank's liability is limited to the extent permitted by Applicable Law (as defined below). Our service providers are independent contractors and not our agents. To the extent permitted by Applicable Law, we will not be responsible for any error, damage or other loss caused by any service provider.

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 "PHENIX-GIRARD NETTELLER" SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. We do not and cannot warrant that "Phenix-Girard NetTeller" will operate without errors, or that any or all "Phenix-Girard NetTeller" 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 "Phenix-Girard NetTeller", 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. Further, in no event shall the liability of Phenix-Girard Bank and its affiliates exceed the amounts paid by you for the services provided to you through "Phenix-Girard NetTeller" except as specifically provided in this Agreement.

Phenix-Girard Bank’s Ability to Terminate your Internet Banking Service

In the event you wish to discontinue the Service, you must contact Phenix-Girard Bank in writing. Written notice of Service discontinuance must be supplied ten (10) days prior to the actual discontinuance date and must be sent to:

Phenix-Girard Bank
PO Box 70
Phenix City, Alabama 36868
Attention: Internet Banking Department

We may terminate Service to any individual at any time and revoke the license to use the Service's software. Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.

Amendments

Unless federal law requires advance notice of such a charge, the terms of this Agreement, applicable fees and Service charges, may be altered or amended by us from time to time. In such event, we shall send notice to you at your address as it appears in our records. Any use of the Services after we send you a notice of change will constitute your agreement to such change(s) which will become effective immediately. Further, we may, from time to time, revise or update Services and related written material and may render all prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Services and/or related written material and limit access to the Service's more recent revisions and updates.

ADDRESS OR BANKING CHANGES

You agree to promptly notify Phenix-Girard Bank in writing of any address change. Additionally, at least two (2) weeks in advance of any change in your Authorized Account status, or your banking status, you agree to fill out and return a new Internet Banking Service enrollment form.

INFORMATION AUTHORIZATION.

You hereby authorize the Bank to verify your credit and employment history and to regularly answer questions and provide information about our experience with you to credit bureaus, check verification systems and others, except as prohibited by federal law. We are further authorized to state to parties purporting to have items drawn on your account whether such items are good. In addition, you agree that we reserve the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment problems.

DISPUTES

In the event of a dispute regarding any part of the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement, along with all other disclosures and documents provide to you, is the complete and exclusive statement of the agreement between us and you which supersedes any prior agreement, oral or written, and any other communication between us and you relating to the subject matter of this Agreement. If there is a conflict between what one of our employees or independent contractors says and the terms of this Agreement, the terms of this Agreement shall control. In addition to this Agreement, you are bound by the terms of any software license granted to you.

ASSIGNMENT.

You may not assign this Agreement to any other party. We may assign this Agreement to any future, directly or indirectly, affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.