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Banking Agreement (Continued)
Business
Accounts: The limitations on customer liability set forth
in the preceding paragraphs do not apply to accounts held by businesses.
Business customers agree to review promptly all statements, notices
and transaction information made available to them, and to report
all unauthorized transactions and errors to us immediately. Business
customers agree that we may process payment and transfer instructions,
which are submitted with a correct customer identification number,
and agree that such instructions will be deemed effective as if
made by them, even if they are not transmitted or authorized by
the customer.
Documentation: We will provide you monthly
statements for your checking accounts. At a minimum, a quarterly
statement will be provided for your savings account.
Equipment: We are not responsible for any
loss, damage, or injury resulting from:
> An interruption in your electrical power or telephone services.
> The disconnecting of your telephone line by your local telephone
company or from deficiencies in your line quality.
> Any defect or malfunction of your PC.
Business
days: Our business days are Monday through Friday. Holidays
are not included. Although payments and transfers may be initiated
only on business days, Habersham Bank's Internet Banking is available
24 hours a day, seven days a week, except during maintenance periods,
for the account inquiry, transfers, scheduling, modification,
or review of payment and transfer orders.
Errors and Questions: In case of errors
or questions about your electronic transfers or payments, you
should telephone:
Habersham Bank Customer Service at 1-800-822-0316
Or write to: Habersham Bank Customer Service, P O Box 1980, Cornelia,
GA 30531
as soon as you can, if you think that your statement is wrong
or if you need more information about a transfer or payment listed
on your statement or appearing on your Account Transaction Screen
on your PC. We must hear from you no later than 60 days after
you received 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 questions in writing within 10 business days.
We will tell you the results of our investigation within ten (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
business days to investigate your complaint or question. If we
decide to do this, we will re-credit your Account within ten (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 do not receive it within ten (10) business
days, we may not re-credit your account.
If we decide there was 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 documents that we used in our investigation.
Disclosure of Account Information to Third Parties:
We will disclose information to third parties about your
Account or the transaction you make:
> Where it is necessary for completing a transaction.
> In order to verify the existence and condition of your Account
to a third party, such as a credit bureau or merchant.
> In order to comply with a governmental agency or court orders.
> If you give us written permission.
Authorization to Obtain Information: You
agree that we may obtain and review your credit report from an
authorized credit bureau. You also agree that we may obtain information
regarding your Payee Accounts in order to facilitate proper handling
and crediting of your payments.
Entire Agreement: This agreement is the
complete and exclusive agreement between you and us related to
Habersham Bank's Internet Banking and supplements any other agreement
or disclosure related to your Account. If the event of a conflict
between this Agreement and any other agreement or disclosure related
to your account or any statement by our employees agents, this
Agreement shall control.
Waivers: No delay or omission by us in
exercising any rights or remedies thereunder shall impair such
right or remedy or be construed as a waiver of any such right
or remedy. Any single or partial exercise of a right or remedy
shall not preclude further exercise therefore or the exercise
of any other right or remedy. No waiver shall be valid unless
in writing signed by us.
Assignment: You may not assign this Agreement
to any other party. We may assign this Agreement or delegate any
or all of our rights and responsibilities under this agreement
to any third parties.
Governing Law: All matters, whether sounding
in contract or tort, relating to the validity, construction, interpretation,
or enforcement of this agreement, shall unless governed by federal
law, be determined by the laws of the State of Georgia, without
regard to that state's choice of law rules, whether you are now
or later become a resident of another state.
Amendments: We may modify or amend this
Agreement at any time upon proper notice to you.
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