Electronic Communications Agreement

FRANKLIN COMMUNITY BANK, N.A.
ELECTRONIC COMMUNICATIONS AGREEMENT

The provisions in this agreement are part of, and supplemental to:

• Franklin Community Bank’s, N.A. Deposit Account Agreement and Disclosures given to you when your account(s) was opened; and

• Franklin Community Bank’s, N.A. Online Banking Agreement and Electronic Fund Transfer Act Disclosure accepted by you upon enrolling in online banking.

You must be enrolled in Franklin Community Bank’s, N.A. online banking service, have a checking, savings, certificate of deposit or loan account and have a valid email address to participate in this service.

By entering into this Agreement, you accept all the terms and conditions contained in this agreement.

DEFINITIONS

“Account” means your checking, savings, certificate of deposit or loan account(s) at the Bank.

“Business day” means any calendar day other than Saturday, Sunday, or any holidays recognized by the Bank.

“Electronic Communication” means a communication relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

“We”, “Our”, “Us” or “The Bank” means Franklin Community Bank, N.A.

“You’ and “your” refer to the account owner(s) authorized by the Bank to receive electronic communications under this Agreement.

ELECTRONIC DELIVERY

By accepting this agreement you agree to permit Franklin Community Bank, N.A. (“The Bank”) to provide notices, statements and disclosures, based on the types elected by Bank management, to you in electronic form instead of providing such in written paper form. You understand that the Bank will cease providing you with printed statements, notices or disclosures in paper form, again based on the types elected by Bank Management, and that future statements, notices or disclosures will be maintained on a website that you may access to obtain, review, print and otherwise copy or download. We will send you a notice by email to advise you of the availability of your electronic statement, notice or disclosure or we may post a particular disclosure or link to such on our website for your viewing. You may then access your statement, notice or disclosure using the procedures we authorize.

Your acceptance shall relate to all forms of disclosures, notices and statements required under applicable law as a result of the various agreements between you and the Bank and shall remain valid until such time as you exercise your right to revoke this consent.

Other Federal and State laws and regulations may be enacted or amended in the future to provide for electronic delivery of account statements, notices or disclosures. Your acceptance also authorizes us, at our discretion, to provide electronic delivery of such statements, notices or disclosures pursuant to these laws after they become effective.

If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and the Bank’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.

Please note that all accounts (demand deposit, savings, certificate of deposit and loan accounts) you maintain at the bank now and hereafter will be executed under this Agreement unless you withdraw your consent as referenced below.

For joint accounts, any person authorized to sign on your account may enroll for electronic communications.

We may discontinue the electronic communications service at any time in our discretion and resume paper statements, notices and disclosures. We may also add, modify, or delete any feature of the electronic communications service in our discretion. We will provide you with notice of any change or termination in the electronic communications service.

EMAIL ADDRESS

We may deliver future statements, notices and disclosures to you by sending an email notification to the email address on file at the Bank or by posting a particular disclosure or a link to such on our website. You agree to notify us promptly in writing (by U.S. Mail or in person) of any change of your email address. If your email address changes and you have not notified us in writing, you agree to assume all risk and liability that may result from our sending electronic communications to the email address we have on file for you.

If there is more than one Depositor that is a party to the account (“Joint Account”), notice sent to the e-mail address listed on the bank’s records for the primary account holder shall be deemed complete and proper notice to all.

If you have a “Joint Account” in the name of two or more persons, your email address may be changed using the procedure described above by any person authorized to sign on your account. THE BANK SHALL HAVE NO OBLIGATION OR LIABILITY TO ANY OF THE PARTIES TO A JOINT ACCOUNT IF THE EMAIL ADDRESS IS CHANGED USING THE PROCEDURES SET FORTH ABOVE.

If your electronic mail is returned as undeliverable, an attempt will be made to contact you. If contact cannot be made, we will revert back to paper copies of your disclosures, statements or notices. An undeliverable electronic communication fee of $5.00 will appear on a subsequent statement.

WITHDRAWAL OF CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS

You have the right to withdraw your consent to receive electronic communications at any time. To withdraw your consent to receive electronic communications, you must notify us by contacting a Customer Service Representative at one of our office locations and completing the proper withdrawal form. The withdrawal of your consent should be received at least ten (10) days before the end of your normal statement cycle. You will be charged a $5.00 fee to return to paper communications.

ELECTRONIC COMMUNICATION SYSTEM REQUIREMENTS

To access, download and/or print electronic statements, notices or disclosures you need a personal computer with Internet and email access and a printer if you choose to print your communications.

You must have Adobe Acrobat Reader 5.0 or higher (to download a free copy of Adobe Acrobat Reader, please go to www.adobe.com). In addition, this service supports the browsers listed below.

PC
Operating System Windows XP, Vista, 7(32-bit only)
Supported PC Browsers
Microsoft Internet Explorer 9 128 bit Encryption
Opera 11 128 bit Encryption
Firefox 6 128 bit Encryption
Google Chrome 13 128 bit Encryption
Apple Safari 5 128 bit Encryption
 
Mac
Operating System OS X
Supported Mac Browsers
Opera 11 128 bit Encryption
Firefox 6 128 bit Encryption
Apple Safari 6 128 bit Encryption

 

By accepting this Agreement, you confirm that you have the equipment that provides the ability to receive and retain electronic statements, notices and disclosures.

From time to time, we may make upgrades to our hardware and software systems. You will be notified of these upgrades and any additional requirements necessary to continue to receive statements, notices and disclosures electronically. If these upgrades prevent you from continuing with this service, you may opt out at any time without a penalty.

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 electronic communications provided to you under this Agreement. We do not and cannot warrant that electronic communications will operate without error, or that such electronic communications will be available 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 of 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 electronic communications, 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 or any other legal theory. Further, in no event shall the liability of the Bank and its affiliates exceed the amounts paid by you for the services provided to you through electronic communication.

I have read and agree with the Electronic Communications Agreement. By clicking “I Accept”, you will be forwarded to the Enrollment Form. If you choose “I Decline”, you will be returned to the home page, www.fcbva.com.

I ACCEPT | I DISAGREE

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