FIRST NATIONAL BANK OF TENNESSEE
eStatement Delivery Agreement and Disclosure

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONSENTING TO THIS SERVICE

This eStatement Delivery Agreement and Disclosure (herein referred to as the “Agreement”) represents an amendment to the Deposit Account Agreement and Disclosure (herein referred to as the “Deposit Agreement”) of First National Bank of Tennessee (herein referred to as “we”, “our”, and “Bank”) concerning electronic delivery of statements and notices for accounts maintained by any individual, corporation, partnership, association, or other legal entity (herein referred to as “you”, “yours”, and “Customer”). This agreement is between the Bank and the Bank’s customer regarding the customer’s election for the receipt of statements, notices and disclosures electronically.

ELECTION AND AUTHORIZATION FOR ELECTRONIC DELIVERY. By accepting this “Agreement”, you consent and authorize the Bank to send notice of regular periodic statement(s) to you or your agent in electronic format for all accounts designated, in lieu of providing a paper form. If there is more than one depositor that is a party to the account, notice to any one depositor will be effective for all. Your consent and agreement shall remain valid until such time as you or your agent exercises your right to revoke this consent.

Security

  • We will use commercially reasonable measures, consistent with industry standards, to maintain a reasonable level of security over the information contained in the electronically delivered account statement(s) and notices.
  • Our security consists of “Pushing” the electronic statement to Business Internet Banking (BIB) where it may be viewed. eStatements will not be directly emailed to you.
  • Password Security. For security reasons, we will require the use of an individualized password to gain access to your eStatements. If you incorrectly enter your password three times you will be prevented from access to eStatements. If you are prevented access due to incorrect password, please contact us at 931.823.1261.
  • Your user ID and password are confidential information that should be known only by you or your agent. First National Bank of Tennessee will not, for any reason, ask for your password. If anyone contacts you and requests this information, contact us immediately. You are responsible for keeping your user ID and password confidential.
  • You understand that industry standards are dynamic and constantly developing. By signing the eStatement enrollment application, you acknowledge and understand that there are risks to the electronic delivery of account statement(s) and notices, including, but not limited to, delay or failure due to technical difficulties, weather conditions, or matters beyond our reasonable control or interception and/or alteration of such account statement(s) and notices by third parties despite the bank’s commercially reasonable security measures. By signing the eStatement enrollment application, you represent that you have considered our security measures and find that our security measures are commercially reasonable. In reaching this conclusion, you have considered the historical and potential future content of your account statement(s); the risk associated with electronic delivery of account statement(s) and our security procedures. If you conclude that our security procedures cease to be commercially reasonable in the future, you must terminate this agreement immediately in accordance with the provisions found herein.

Equipment – First National Bank of Tennessee is not responsible for any loss, damage or injury resulting from (i) an interruption in customer’s electrical power or internet service; (ii) the disconnection of customer’s internet service by customer’s provider or deficiencies in customer’s line quality; (iii) any defect or malfunction of customer’s personal computer, modem, internet server or software.

Virus Protection – First National Bank of Tennessee is not responsible for any electronic virus or viruses that customer may encounter. The Bank suggests that customer routinely scan customer’s PC using a virus protection product. An undetected virus may corrupt and destroy Customer’s programs, files and hardware

Disclaimer of Warranty and Limitation of Liability – We make no warranties of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the eStatement provided to you under this Agreement. We do not and cannot warrant that eStatements will operate without error, or the eStatements 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 for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under the Agreement or by reason of your use of eStatements, 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 exceed the amounts paid by you for the services provided to you through eStatements.

Periodic Statements – For the next statement cycle after you enroll, you will receive both a paper statement and access to the e-Statement. For any subsequent statements, you will receive the e-mail notification that the eStatement is available as well as a message on your BIB home page, but you will not receive a separate printed and mailed statement.

Your eStatement will be dated the day that your paper statement has routinely been generated, which is the date that you will be notified when you sign in to BIB of the availability of your eStatement. You must promptly access/review your eStatement and any accompanying items and notify us in writing within the applicable time period specified in your Account Agreement and Disclosure of any error, unauthorized signature, lack of signature, alteration or other irregularity. If you allow someone else to access/review your eStatement, you are still fully responsible to access/review the eStatement for any errors. Any applicable time periods within which you must notify us of any errors on your account eStatement(s) shall begin on the Email Date regardless of when you receive and/or open the eStatement.

If you need to obtain a printed copy of a statement that has not been mailed to you because you have enrolled to receive eStatements instead, please call the Bank at 931.823.1261. The fee assessed for the printed statement(s) will be the standard “Account Research” fee found on the Truth in Savings Common Features and Fee Schedule.

Change in Terms – We may change any term of this Agreement at any time. If the change would result in increased fees for any bank service, or increased liability for you, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will provide any required notice of the change in terms to you by email or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. If the account is jointly owned, notice to any one-account owner will be effective for all. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fess applicable to specific accounts.

CUSTOMER’S OBLIGATIONS AND RESPONSIBILITIES

Customer Adherence – Customer agrees to adhere, and cause its agents to be bound to all rules and regulations applicable to Customer’s deposit account and any other contract for services at First National Bank of Tennessee as established and amended by the Bank. In addition, customer agrees to, and causes its agents to; adhere to all customer Obligations and Responsibilities as set forth herein.

Email Address – With your consent, the Bank will send your periodic account statement(s) notice to you via email to the last known email address provided by you. If there is any change in your email address, you agree to notify us promptly in a signed writing by letter via U.S. Mail to:

First National Bank of Tennessee
Attn: eStatement Support
P.O. Box 379
Livingston, TN. 38570

For your protection and for security purposes, the Bank will not accept any change of email address via telephone or email. If you have not notified us in writing of any change in your address, you agree that your failure to provide us with a good email address is the lack of ordinary care on your part. It is your responsibility to update your email address(s) to insure proper delivery of account statement(s), notices and disclosures.

Term and Termination – This Agreement shall remain in full force and effect until it is terminated by either party, as provided for in this Agreement. In order to withdraw consent and terminate the Agreement, you must notify the Bank in writing at:

First National Bank of Tennessee
Attn: eStatement Support
P.O. Box 379
Livingston, TN. 38570

Such withdrawal of consent and termination shall be effective 10 days following the Bank’s receipt of the written withdrawal of consent and termination signed by you. There are no fees associated with terminating this Agreement.

The Bank also has the right to terminate this Agreement, immediately, with or without cause, or if you fail to comply with the terms of this Agreement or any other agreement which you may have with us or any other applicable rule or regulation which may govern your account(s), including the Deposit Account Agreement and disclosure. If we terminate this Agreement for any of these reasons, such termination shall be effective on the effective date specified in a written notice mailed to you, and not on the date when the notice is mailed or received.

Hardware and Software Requirements
You shall be solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for access to the eStatement. To access, download, and print eStatements, you need to have a personal computer with Internet and email access. Internet Explorer 6.0 or newer has been certified for use with BIB and e-statements. Other versions of Internet Explorer or other browsers maybe compatible but have not been certified and may not be supported. You must also have Adobe Acrobat Reader 5.0 or higher.

Severability – If any provision of the Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the Term of this Agreement, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of the Agreement, and the remaining provisions of the Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement.

Entire Agreement – This Agreement, including any Attachments and Amendments hereto, constitutes the entire understanding of the parties with respect to the subject matter of the Agreement.

FIRST NATIONAL BANK OF TENNESSEE ERROR RESOLUTION NOTICE
CONSUMER ACCOUNTS
ANNUAL BILLING-ERROR RIGHTS SUMMARY

YOUR BILLING RIGHT

KEEP THIS NOTICE FOR FUTURE USE

This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.

Notify Us in Case of Errors or Questions About Your Bill
If you think your bill is wrong, or if you need more information about a transaction on your bill, write to us at the address listed on your bill.  Write to us as soon as possible.  We must hear from you no later than 60 days after we sent you the FIRST bill on which the error or problem appeared.  You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information:

  1. Your name and account number (if any)
  2. The dollar amount of the suspected error.
  3. Describe the error and explain, if you can, why you believe there is an error.  If you need more information, describe the item you are not sure about.

If you have authorized us to pay your bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us three business days before the automatic payment is scheduled to occur.

Your Rights and Our Responsibilities After We Receive Your Written Notice
We must acknowledge your letter within 30 days, unless we have corrected the error by then.  Within 90 days, we must either correct the error or explain why we believe the bill was correct.

After we receive your letter, we cannot try to collect any amount you question or report you as delinquent.  We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit.  You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question.

If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount.  If we didn’t make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount.  In either case, we will send you a statement of the amount you owe and the date that it is due.

If you fail to pay the amount that we think you owe, we may report you as delinquent.  However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill.  And, we must tell you the name of anyone we reported you to.  We must tell anyone we report you to that the matter has been settled between us and when it was finalized.

If we don’t follow these rules, we can’t collect the first $50 of the questioned amount, even if your bill was correct.

Special Rule for Credit Card Purchases
If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services.  There are two limitations on this right:

  1. You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address.
  2. The purchase price must have been more than $50.

These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services.