On-line Deposit

Mobile Deposit Agreement and Disclosure Statement

FNBT Bank [hereinafter referred to as "the Bank"] has expanded its banking services to allow our customers [hereinafter referred to as "customer(s)"] to utilize the convenience and efficiency of Internet technology, and the parties hereto desire to complete deposit transactions via the bank’s website at www.FNBT.com. Customer understands that the terms, conditions, instructions and procedures set forth below are in addition to those that apply to any other accounts that customer currently has with the Bank or any other services customer obtains hereafter from the Bank.

Now, therefore, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, FNBT Bank and customer hereby agree as follows:

1. FNBT BANK MOBILE DEPOSIT:

Using our encrypted Mobile Deposit link posted on our FNBT Bank website you can perform banking transactions on your computer or other personal device, by submitting checks via Mobile Deposit for deposit to your checking or savings account. You must submit all deposit requests in the format as specified.

2. RESTRICTIVE ENDORSEMENT:

Effective July 1, 2018, all items submitted for deposit must contain the following information in the endorsement field: (i) For Mobile Deposit at FNBT Bank Only; (ii) signature/name of the payee; and (iii) deposit account number. Items submitted to the Bank via Mobile Deposit that do not meet this requirement may not be accepted for deposit.

3. ELIGIBLE ITEMS:

Customer(s) agree to scan and deposit only “checks” as defined in Federal Reserve Regulation CC (Reg. CC). The following types of checks or other items shall be considered ineligible for deposit: (i) checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into; (ii) checks containing an alteration, or which you know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn; (iii) checks payable jointly, unless deposited into an account in the name of all payees; (iv) checks previously converted to a substitute check, as defined in Reg. CC; (v) checks that are remotely created checks, as defined in Reg. CC; (vi) checks not payable in United States currency; (vii) checks dated more than six (6) months prior to the date of deposit; (viii) checks with any endorsement on the back other than that specified in this Agreement; (ix) checks that have been previously submitted through Mobile Deposit or negotiated in any way via any method at FNBT Bank or any other financial institution.

4. DAILY MOBILE DEPOSIT CUTOFF AND DEPOSIT CONFIRMATIONS:

Mobile Deposits are subject to verification, authenticity, and FNBT Bank Funds Availability Policy and can be adjusted upon review. Receipt of deposit confirmation does not mean that the deposit was error free, complete, or will be considered a deposit and credited to your account. Mobile Deposit cut-off time is 4:00 CST, Monday through Friday. Mobile Deposits received after 4:00 CST Monday through Friday, will be posted the following business day. Mobile Deposits initiated by the customer on a non-business day will be considered to have been received the following business day. The customer also agrees that they will NOT re-present or negotiate the original item or a duplicate image of the item for processing to FNBT Bank or any other financial institution. The Bank reserves the right to refuse any Mobile Deposit for any reason and may request that the original item be presented to the bank for processing.

5. STORAGE AND DISPOSAL OF TRANSMITTED ITEMS:

Upon receipt of deposit confirmation, customer will prominently mark the item(s) as “Electronically Presented,” “VOID,” or otherwise render it incapable of further transmission, deposit, or presentment. Customer agrees to retain checks for at least sixty (60) calendar days from the date of the image transmission in a secure location. After sixty (60) days, customer will destroy the check(s) transmitted in an appropriate manner.

6. LIABILITY FOR FAILURE TO COMPLETE MOBILE DEPOSIT:

If the Bank does not complete a Mobile Deposit on time or in the correct amount as per the customer’s request, the Bank will be liable only for the amount of that Mobile Deposit and the Bank will not be liable for consequential or punitive damages or any other losses whatsoever that may be incurred by the Customer. If, and only if, the Bank willfully or intentionally neglects to complete a Mobile Deposit as requested by the Customer, the Bank will reverse any fees or charges assessed by the Bank against the Customer’s account(s). The Bank assumes no liability for any Mobile Deposit that it has refused to process.

7. ERRORS OR DISPUTES ABOUT TRANSACTIONS COVERED BY THIS AGREEMENT:

Customer must call FNBT Bank at (850) 796-2000, Ext 0, write to FNBT Bank at P.O. Drawer 1327, Fort Walton Beach, Florida 32549-1327, or email Homedeposit@FNBT.Bank as soon as possible with questions about a Mobile Deposit covered by this Agreement which is listed on the customer’s statement. The Bank must hear from the customer no later than sixty (60) days after the Bank date of the first statement on which the problem or error appeared. Information to be included in that notification: Customer’s name and account number; dollar amount of the transaction in question; description of the error; an explanation, as clearly as customer can relay, as to why customer believes that an error has occurred; and a description of the additional information requested. If the customer tells the Bank of the suspected error orally, the Bank shall require that the customer send the Bank the complaint or question in writing within ten (10) business days. The Bank will tell the customer the results of the Bank’s investigation within ten (10) business days after the Bank receives the complaint or question and will correct any error promptly. If the Bank needs more time to investigate, the Bank may take up to forty-five (45) additional days to investigate customer’s complaint or question. If the transaction was not initiated in any state, territory, or possession of the United States, the initial investigating period will be twenty (20) business days instead of ten (10) business days, and ninety (90) business days instead of forty-five (45) business days and for an extended investigation. If the Bank decides that there was no error, the Bank will send the customer a written explanation within three (3) business days after the investigation is concluded. Customer may request copies of the documents that were used by the Bank to resolve the investigation.

8. STATEMENTS:

Customer’s Mobile Deposits will be listed on the monthly statements the Bank provides or makes accessible to its customer. Customer agrees to notify the Bank within sixty (60) days if customer changes address.

9. LAW THAT APPLIES:

Regardless of where customer lives or works, or where customer accesses the Mobile Deposit services, the Agreement is subject to the laws of the State of Florida and the Federal Law of the United States of America with, in either event, consideration of conflicts of law principles. If any of the terms of the Agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law.

10. ATTORNEY’S FEES:

In the event any action is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party in addition to all sums that either party may be called on to pay, a reasonable sum for the successful party’s attorney fee.

11. EXCUSABLE DELAY:

No party to this Agreement shall be liable to the other for any loss, cost, or damages, arising out of, or resulting from, any failure to perform in accordance with the terms of this Agreement where such failure shall be beyond the reasonable control of such party, which, as employed herein, shall be deemed to mean, but will not be limited to, acts of God, strikes, lockouts or other industrial disturbances, wars, whether declared or undeclared, blockages, insurrections, riots, government actions, explosions, fires, floods or any other cause not within the reasonable control of either party.

12. AMENDMENTS:

Your use of Mobile Deposit constitutes acceptance of this Agreement. This Agreement is subject to change at any time. We will notify you of any material change. The terms and conditions governing costs and fees, if applicable, may be amended by FNBT BANK at any time upon thirty (30) days advance notice. Your continued use of the service is your acceptance of any amendment(s) of the Agreement, including any instruction on the use of the service as may be amended from time to time. You agree that any notices given by the Bank regarding the service will be sent to you at the Bank’s choice, via either electronic mail or standard mail and will be considered delivered at the time sent by the Bank. FNBT Bank may not immediately respond to email, so you should not rely on email alone to communicate with FNBT Bank in case of emergency.

13. DISCLAIMER OF WARRANTIES

CUSTOMER’S FAILURE TO PROTECT STORED ITEMS, HARDWARE, AND/OR SECURITY CREDENTIALS MAY ALLOW AN UNAUTHORIZED PARTY TO TRANSMIT AN ELECTRONIC ITEM FOR DEPOSIT. ALL USES OF MOBILE DEPOSIT THROUGH CUSTOMER’S ACCOUNT WILL BE DEEMED TO BE AUTHORIZED BY THE CUSTOMER AND WILL BE BINDING UPON THEM. CUSTOMER ASSUMES THE ENTIRE RISK FOR THE FRAUDULENT OR UNAUTHORIZED USE OF MOBILE DEPOSIT.