2120 Kings Highway Port Charlotte, FL 33980 • (941) 258-3055
Online Disclosure

Online Disclosure
National Bank of Southwest Florida
Online Information Sheet, Disclosures,
And Access Agreement

Welcome to NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE!

This Online PC Banking Agreement and Disclosure (the "Agreement") discusses how you can use NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE (the "Service") to obtain information about your accounts, to transfer funds between your accounts, and to request certain other bank services. It also contains the terms and conditions governing the Service.

If you previously registered for NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE, this version of the Agreement replaces the agreement that you had with us. If you continue to use the Service, you are bound by these terms. Under this updated Agreement, corporate customers can use the Service to transfer funds between their National Bank of Southwest Florida accounts. (Commercial customers can use the Service to transfer funds between their accounts if they have the appropriate agreement on file. See Registration - Business Accounts, below.) If you are a corporate customer and do not wish to have the ability to transfer funds between accounts using NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE, please call your National Bank of Southwest Florida office and we will remove that function from your service.

If you use NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE, you thereby indicate your consent to these terms. You may print a copy of this Agreement for your records now, or you can refer to this document in the Online Help section later at your convenience.

SECURITY & PROTECTING YOUR ACCOUNT
National Bank of Southwest Florida is strongly committed to protecting the security and confidentiality of our customer account information. National Bank of Southwest Florida uses state-of-the-art technology in the ongoing development of its Online PC Banking service to ensure this security. We use several different methods to protect your account information:

  • You can only access NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE with certain browsers that have a high security standard.
  • Your account numbers are not displayed in full - only the last 4 digits can be viewed.
  • You must have a valid Access ID and Password to logon.
  • If no action is taken for 10 minutes, you will be automatically logged off NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE.


Your Responsibility:
You agree....

  • Not to give out your identifying information such as your PC Password to any other person. The Bank may rely on your Access ID to identify you when providing banking services to you.
  • Never to leave your account information displayed in an area accessible by others.
  • Never to leave your PC unattended while using NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE.
  • To always exit the system by clicking on EXIT after using NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE.
  • To notify us, call your National Bank of Southwest Florida office immediately if you suspect that your Access ID or Password has become known to any unauthorized person.


NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE E-MAIL COMMUNICATIONS
Electronic messages sent and received via the "Contact Us" option in NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE (i.e., once your Access ID and Password have been accepted by National Bank of Southwest Florida and your browser shows that a secure connection has been established) are secure. Communications sent over the public Internet are not necessarily secure. Therefore, we will not send, and we strongly suggest that you do not send, any confidential account information unless using the electronic communication options provided in our Customer Service section. You agree that we may take a reasonable time to act on any e-mail. Correspondence that requires expeditious handling -- for example, if you need to report an unauthorized transaction from one of your accounts, or if you need to immediately stop payment on a check you have issued, must be made by calling your National Bank of Southwest Florida office.

You agree that National Bank of Southwest Florida may send you electronic messages about other products or services we offer.

REGISTRATION
Business Accounts. National Bank of Southwest Florida business account customers must complete first the enrollment form in person for enrollment in NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE PC Banking Services. For more information, see the Access ID Agreement and Disclosure that you will obtain when you receive your Access Identifier Enrollment Form. If your business has previously received an Access ID, your representative may enter it to register for NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE.

Accounts you want to link to an Access ID, and what activity level each account linked to your Access ID will have. There are some limits on the accounts that can be linked to your Access ID. The person you appoint as your Access ID Administrator will decide which of your accounts to link to each Access ID and what activity level is appropriate for each account linked to the Access ID.

Activity Levels for Accounts Linked to Your Access ID. There are different activity levels that can be assigned to an Access ID. All available accounts will have at least the Account Summary level. Only checking, money market deposit accounts and loan accounts may also have the second activity level. At the present time, the activity levels are:

(1) Account Inquiry: This activity level will allow you to obtain current account balance and transaction information for the previous 60 days. This activity level does not include transferring funds.

(2) Transferring Funds: This activity level allows you to obtain account information, to transfer funds between accounts linked to the Access ID, and to obtain certain other banking services. Each checking, money market and loan account linked to your Access ID will have this activity level, unless you choose otherwise.

(3) Bill Payment: This activity level will include the right to make payments to third parties through our Online PC Banking Service.

FUNDS TRANSFER SERVICE
If you are a consumer, and you have an Access ID and Password from us, you will be able to transfer funds between your National Bank of Southwest Florida accounts. If you do not want to have the ability to funds transfer between accounts using NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE, or if you want to restrict the accounts from which you can transfer funds using your Access ID and Password, call your National Bank of Southwest Florida office, and we will make the necessary adjustments to this service for you.

Commercial customers must have an Access ID linked to account with at least a Funds Transfer activity level to be able to transfer funds between accounts.

The terms that apply to the Funds Transfer Service are set forth more fully below.

ONLINE PC Banking FUNDS TRANSFER PROVISIONS
As a NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE customer, you can make immediate transfers between your National Bank of Southwest Florida deposit accounts (and between your deposit accounts and your Money Market Account) over the Internet. All such transfers are subject to the terms of these Online PC Banking Funds Transfer Provisions (the "Transfer Provisions"). You can also use NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE to transfer funds between certain line of credit accounts and your deposit accounts. Transfers are not permitted from one line of credit account to another line of credit account.

By using the Funds Transfer Service (the "Service"), you agree to these Transfer Provisions.

1. General Information.

a. Meaning Of Terms. As used in the Transfer Provisions, the following words have the meanings given below. "You" and "your(s)" refer to each person (including any business) who applies to use the Service, and each person who uses the Service with the permission of an applicant. "Business" means any corporation, partnership, limited liability company, sole proprietorship or any other type of entity maintaining a deposit account for commercial purposes. "We," "us," "our(s)," "National Bank of Southwest Florida," or "Bank" refer to the National Bank of Southwest Florida depository institution (such as National Bank of Southwest Florida, N.A.) that holds an account that is accessed by the Service. "Business Day" means Monday through Friday, except banking holidays.

b. Which Sections of These Provisions Apply to Consumer and Business Customers. Exclusion. When using the Service in connection with accounts established primarily for personal, family, or household purposes ("consumer" or "personal" accounts), Sections 1, 2, and 3, (but not Section 4) of these Transfer Provisions apply to you. When using the Service in connection with accounts established primarily for business purposes, Sections 1, 2, and 4 of these Transfer Provisions (but not Section 3) apply to you.

c. Authorization To Charge Accounts. You are responsible for all transfers you or your authorized representative make using the Service. You authorize us to debit your designated account(s) for any transactions accomplished through the use of the Service (including the transfer of funds from another deposit account or overdraft line of credit that provides overdraft protection, if you have one of those services in effect).

You agree that we may comply with transfer instructions entered by any one person using an authorized Access ID and Password, notwithstanding any provision that may be contained in other account documentation purporting to require more than one signature to withdraw funds from the account.

If you permit another person to use NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE or give them your Access ID or Password, you are responsible for transfers, payments or advances that person makes from the deposit and credit accounts linked to your Service registration even if that person exceeds your authorization.

2. Online PC Banking Funds Transfer Service Particulars.

a. Types of Transfers; Posting. You can transfer funds between your Checking and Savings accounts using NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE, and between your deposit accounts and your Money Market Account. (For more information on transfers from your Money Market Account, please see the section d below.) All such transfers are effective when you complete the transaction online.

You can also transfer funds between your deposit accounts and certain line of credit accounts using NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE. Transfers to a line of credit account will not be reflected in your line of credit account until the business day following the day on which you complete the transaction. You cannot transfer funds between line of credit accounts using the Service.

b. Limits On Transactions. There is a maximum dollar limit on any transfer equal to the available balance in your account plus the available balance or credit balance in any other account or line of credit attached to the deposit account to provide overdraft protection.

You may not be able to transfer funds between National Bank of Southwest Florida accounts established in different regions of the country using the Service.

c. Availability. Funds must be available in the account from which you wish to transfer funds on the date you enter the transaction.

d. Restrictions on Transfers from Savings and Money Market Accounts. Under Federal Reserve Board Regulation D, you may make an unlimited number of deposits or transfers into a savings or money market account; however, you may make no more than six transfers or withdrawals out of such an account per monthly statement cycle (not counting transactions made at ATMs or at banking centers). Transfers made by telephone, personal computer or funds automatically transferred from a savings or money market account to another deposit account for overdraft protection are counted toward the six total permitted monthly transfers or withdrawals. If your transactions exceed the legal limit, we will charge you a fee for each such transaction in excess of the legal limit. If you exceed the restrictions more than three times during a 12-month period, we will close the savings or money market account and transfer the funds to a checking account. On Regular Savings accounts, we charge a fee for each withdrawal or transfer in excess of three per month.

e. Insufficient Funds to Complete Transfer. If your account does not have sufficient funds to complete a transfer as of the date the transfer is scheduled to be made, the transfer may not be completed, but if we do complete the transfer as an accommodation to you, you are responsible for any overdraft created.

f. Correcting or Canceling Your Transfer. You cannot cancel your transfer after it has been entered in NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE and the information transmitted to us. You can correct information about a transfer before you send us the information, and you can use NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE to reverse a transaction after it has been entered.

g. Documentation and Verification of Transfers. The date and amount of transfers made through NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE will be shown on the Transaction History screen of NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE, and will also be shown on your printed statements for the accounts from which and to which the transfer is made.

h. Address and Telephone Number For Notification Of Unauthorized Use. If you believe your Access ID or password has become known by an unauthorized person, or that someone has transferred money without your permission, call:
National Bank of Southwest Florida immediately at: (941) 258-3055, or write to:

National Bank of Southwest Florida
Attn: Internet Banking
P. O. Box 495489
Port Charlotte, FL 33949-5489

If you suggest that an unauthorized transfer may have occurred, we may require you to sign an affidavit.

Also contact us with any other questions or problems that you may have regarding the Service, including:
  • You have a problem with a transfer you authorized, or your statement reflects a transfer you think is in error.
  • You need to obtain documentation concerning a transfer previously issued from your account. (There may be a fee for these requests, as disclosed in the Schedule of Fees at the end of this Agreement).


i. Disclosure of Account Information. We may disclose information to third parties about your account or the payments or transfers you make:

  • When necessary for verifying or completing payments or transfers, or to resolve a problem related to a payment or transfer
  • To verify the existence and status of your account for a third party such as a credit bureau or merchant
  • At the Bank's discretion, to any of our subsidiaries or affiliates
  • If you give us your written (including electronic message) permission
  • As otherwise permitted or required in the Bank's Deposit Agreement and Disclosures or other applicable agreements, or by law or government regulations


3. Additional Provisions Applicable Only to Business Accounts.
When you transfer funds using NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE in connection with business accounts, the information in this Section 4 applies to you.

a. Enrollment Form and Certification of Authority. Before using the Service, you must execute and deliver to us an Access Identifier Enrollment Form, which includes a Certification of Authority. This enrollment form is incorporated by reference as part of this Agreement. Only a person whose Access ID has a "Financial Transaction" or "Bill Payment" activity level may sign up for the NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE Funds Transfer Service.
b. Protecting Your Access ID and Password. You agree that we may send confidential mailings, including Access ID and Password confirmations, to the current address shown in our records for your primary checking account, whether or not that address includes a designation for delivery to the attention of any particular individual; and you further agree that National Bank of Southwest Florida will not be responsible or liable to you in any way in the event that such properly addressed information is intercepted by an unauthorized person, either in transit or at your place of business.

You agree to: (1) keep your Access ID and Password secure and strictly confidential, providing them only to authorized signers on your account(s) or other trusted employees, agents, etc. who you want to act as your representative to access your account(s); (2) instruct each person to whom you give your Access ID and Password that he or she is not to disclose them to any unauthorized person; and (3) immediately notify us and select a new Access ID and Password if you believe your confidential codes may have become known to an unauthorized person.

The Bank shall have no liability to you for any unauthorized payment or transfer made using your Access ID and Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your Access ID and password, even without receiving such notice from you, if we suspect they are being used in an unauthorized or fraudulent manner.

c. Your Obligation to Examine Records And Report Discrepancies. The Bank provides no separate written confirmation of individual payments or transfers. Confirmation is provided through online information available from the Service and through your periodic mailed account statements. You agree to examine your statement promptly and to notify us immediately of any discrepancy between the statement and your other account records. You also agree to notify us immediately of any discrepancy you may find in reviewing online information. In no event shall the Bank be liable for interest compensation as described below, unless we are notified of a discrepancy within 30 days from the date of your first statement reflecting the discrepancy.

d. Acknowledgment of Commercially Reasonable Security Procedures. By using the Service, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions, which are commercially reasonable. You agree to be bound by any instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we have had a reasonable opportunity to act on such notice).

e. Limitation of Bank's Liability. If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event shall we be liable to both parties, and our payment to either party shall fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year.

Unless otherwise required by law, in no event will the Bank be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages.

MISCELLANEOUS PROVISIONS RELATED AGREEMENTS
Your National Bank of Southwest Florida accounts accessed by NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE continue to be governed by the following National Bank of Southwest Florida agreements and documents, as they are amended from time to time:
(1) Deposit Agreement and Disclosures, (2) the applicable Personal or Business Schedule of Fees, (3) the applicable Miscellaneous Fees for Personal or Business Accounts, and, for Money Market Accounts, your Money Market Account Customer Agreement. If you have overdraft protection that is accessed by the Service, they continue to be governed by the applicable agreements you have with National Bank of Southwest Florida. If any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency.

OUR ABILITY TO TERMINATE SERVICES
You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the accounts to or from which transfers are made using the Service. We can terminate your electronic banking privileges under this Agreement without notice to you if you do not pay any fee when due, or if you do not comply with any agreement governing your accounts, or if any such account is not maintained in good standing. We can also terminate the Service if we believe that an actual or potential unauthorized use of your Access ID, Password or account may be occurring.

National Bank of Southwest Florida reserves the right to terminate your access to the NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.

AMENDMENT
We can amend this Agreement upon notice to you, which you agree may be sent by e-mail. Any notice will be effective not later than ten (10) days after we send the notice (unless a law or regulation requires a longer notice period), whether or not you have retrieved the notice by that time.

NEW SERVICES
We may, from time to time, introduce new services that are part of NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE. We will update this Agreement to notify you of these new services. By using NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE after those new services become available, you agree to be bound by the terms contained in the revised agreement.

VIRUS PROTECTION
You agree that National Bank of Southwest Florida is not responsible for any electronic virus that you may encounter using NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE. We encourage you to routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found. Undetected or un- repaired, a virus may corrupt and destroy your programs, files and even your hardware.

OUR LIABILITY
Except as specifically provided in this Agreement or where the law requires a different standard, you agree that National Bank of Southwest Florida Corp. nor any of its subsidiaries or affiliates (collectively, "National Bank of Southwest Florida") nor any third party service providers engaged by National Bank of Southwest Florida to perform any of the services connected with NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE shall be responsible for any damages, loss, property damage or bodily injury, incurred as a result of your using or attempting to use the NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE Service, whether caused by the equipment, software, Internet browser providers such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Internet Explorer browser), Internet access providers or on-line service providers or an agent or subcontractor of any of the foregoing. Nor shall National Bank of Southwest Florida or any third party service providers engaged by National Bank of Southwest Florida be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE or Internet browser or access software, or from the unavailability of NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE or for any errors in information provided through that service.

ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, and if you are a business customer, your Access ID. Agreement and Disclosure and the Access Identifier Enrollment Form, and any and all other disclosures and agreements you may have executed with National Bank of Southwest Florida, contain the entire understanding between you and National Bank of Southwest Florida concerning the NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE service, and supersede any verbal conversations, other communications, and previous agreements, if any.

YOUR AGREEMENT TO THESE TERMS AND CONDITIONS
Your registration for NATIONAL BANK OF SOUTHWEST FLORIDA ONLINE confirms (1) your agreement to be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment that you received and understand the terms of this Agreement.

CONSENT AND AGREEMENT FOR ELECTRONIC DELIVERY OF BANK STATEMENT

Welcome to National Bank of Southwest Florida’s E-Mail statement delivery service. Our goal is to provide you with an easy and convenient way to receive your monthly Bank statement.

We need your consent to begin sending your bank statement to you electronically. Please review the information below prior to giving your consent. By agreeing to have your bank statement sent electronically, you also agree to notify National Bank of Southwest Florida immediately in writing at the address listed at the end of this agreement of any changes in your email address or any errors or complications relating to the electronic receipt of your bank statement.

If you elect to receive your statement through electronic delivery, National Bank of Southwest Florida will no longer send your statement through the U. S. mail.

Your consent, which will be given by signing this Consent and Agreement and providing it to National Bank of Southwest Florida, will authorize National Bank of Southwest Florida to forward to you electronically your periodic bank statement and any other disclosures that National Bank of Southwest Florida might send to you with your bank statement, such as Electronic Funds Disclosures or other required disclosures relating to your accounts.

To discontinue this electronic delivery service, you can send notice of discontinuing this service to the address listed at the end of this agreement. We will not charge any fee for discontinuing this service.

The same terms apply with respect to electronically delivered bank statements as for those delivered in paper form and the deposit agreements and disclosures that you previously received from National Bank of Southwest Florida remain in effect.

It is necessary to have Adobe Acrobat Reader 5.0 or above installed on your PC to view the statement. You can obtain a free copy of Adobe Acrobat Reader by visiting http://www.acrobat.com. Acrobat Reader is available by clicking the "downloads" link.

You agree that in no event will National Bank of Southwest Florida be liable for any technical, hardware or software failure of any kind, any interruption in the availability of our service, any delay in operation or transmission, any incomplete transmission, computer virus, loss of data, or other similar loss.

The Bank may change, suspend or eliminate all or any aspect of this delivery service upon notice to you.

You agree that any claim or controversy relating to this Consent and Agreement will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You agree that any claim or controversy you may have will be arbitrated on an individual basis and will not be considered consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration will be conducted in the city in which the Bank’s main office is located and any court having proper jurisdiction may enforce that judgment on the arbitration award.

You agree that this Consent and Agreement is governed by the laws of the State of Florida, excluding any application of conflicts of laws, rules or principals. You agree that the sole jurisdiction and venue for any litigation arising from your use of our service shall be an appropriate federal or state court located in Charlotte County, Florida.

I have read and agree to the above Agreement for Electronic Statement Delivery. This Agreement is binding for all accounts I currently hold or open in the future and can be withdrawn by sending a written request to National Bank of Southwest Florida. Notice of withdrawal must be received by National Bank of Southwest Florida 10 days prior to statement print date to effect a change.