Online Banking Terms and Conditions Agreement
Effective January, 2006

GatewayBank of Florida Online Banking Service is available to all of our customers at no monthly charge for the account information and transfer services. The bill payment feature is an optional service for checking accounts. You must specifically request this service on the enrollment form. If you do not choose the bill payment service at this time, you may add it at any time by calling GatewayBank of Florida Online Banking Department at (386) 947-5400.

I. Introduction
           General Information
           Consumer Accounts
           Business Days
II. Accessing Your Account, Security and Your Responsibilities
           Password and Login Security
           Your Rights and Responsibilities
III. Online Banking Services and Limitations
           Available Services
           Hours of Accessibility
           Limits on Frequency and Amount of Transfers
           Balance and Transaction Information
           Account Information and Transfers
           Unavailable, Delayed, or Inaccurate Account Information
           Limits on Frequency and Amount of Transfers
           Service Cancellation
IV. Optional Bill Payment
           Eligibility
           Bill Pay Procedure
           Allow Sufficient Time for Your Payments
           Liability
           Termination of Bill Payment
           Bill Payment Fees
           Joint Account Holders

We will tell you the sources of the information we collect about you.  We will tell you what measures we take to secure that information.  We first define some terms.
Nonpublic personal information means information about you that we collect in connection with providing a financial product or service to you.  Nonpublic personal information does not include information that is available from public sources, such as telephone directories or government records. Hereafter, we will use the term "information" to mean nonpublic personal information as defined in this section.
V. Changes to Fees, Charges and Other Terms

VI. Additional Electronic Fund Transfer Disclosures and Agreement Terms

VII. Limitations on Bank Liability

VIII. Other Provisions

I. Introduction

General Information: This Online Banking Terms and Conditions Agreement ("Agreement") is a contract between you and GatewayBank of Florida that outlines and governs the Terms and Conditions for accessing your personal and commercial accounts via GatewayBank of Florida Online Banking Service. This Agreement explains the terms and conditions which govern the following Online Banking Services:
           
 Account and Balance Inquiries

 Account Transfers
 Transaction Downloads

Bill Pay Transfer: This Agreement also includes and incorporates the disclosures required by the Electronic Fund Transfers Act (15 USC 1693 et seq.). This Agreement applies only to the GatewayBank of Florida Online Banking Service. Other electronic fund transfers to or from your accounts at GatewayBank of Florida are governed by the Electronic Fund Transfer Disclosure provided to you when you established your account or when you requested other electronic fund transfer services.

In order to use GatewayBank of Florida Online Banking Service, you must accept these terms and conditions. By clicking on the "I Agree" button at the end of this Agreement, you agree to abide by all the terms and conditions of this Agreement and acknowledge your receipt and understanding of this Agreement. Please read this Agreement carefully and print a copy for your records. This Agreement is governed by federal laws and regulations and, to the extent not preempted by federal law, by laws and regulations of the State of Florida .

Consumer Accounts: Some of the terms set forth in this Agreement, as specified in this Agreement, apply only to Consumer Accounts. A "Consumer Account" is an account held by a natural person and used primarily for personal, family or household purposes.

Business Days: The term "Business Day" means Monday through Friday, excluding federal banking holidays.


II. Accessing Your Accounts, Security and Your Responsibilities.

Password and Login Security: Security is very important to GatewayBank of Florida. In order to activate your Online Banking Service, you must have at least one checking, savings, certificate of deposit or loan account with GatewayBank of Florida. When you login to the service for the first time, you will use your account number and your temporary password we will provide you. You will then be prompted to choose a new "Access ID" and a new "Password." Because your password is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a password that is hard to guess. Keep your password safe. Memorize your password and never tell it to anyone. You should not under any circumstances disclose your password by telephone or to anyone claiming to represent GatewayBank of Florida. Bank employees do not need and should not ask for your password.

GatewayBank of Florida is entitled to act on instructions received through online banking under your password and without inquiring into the identity of the person using that password. Any person having access to your GatewayBank of Florida online banking password will be able to access the Online Banking Services and perform all transactions, including reviewing account information and making transfers to other accounts which have mutual ownership. You are liable for all transactions made by persons authorized to use your password.

If, despite the Bank's advice, you give your password to anyone, you do so at your own risk since anyone to whom you give your password or other means of access will have full access to your account(s) even if you attempt to limit that person's authority.

We strongly urge you to change your password every 90 days. This can be done at any time once you are logged in, from the "Options" menu.

Once you login as a first time user, you will be required to change the initial access ID and password and select an access ID and password known only to you.

If you suspect that an unauthorized person has access to your password or believe your password has been lost or stolen or that someone may attempt to use the service without your consent or has transferred funds without your permission, your must notify GatewayBank of Florida immediately. See Part VI of this Agreement for additional information relating to liability for unauthorized transactions and error resolutions.

Your session time is unlimited, but to help prevent unauthorized access and ensure the security of your accounts, we will end your online session if we have detected no activity for 45 minutes. This is to protect you in case you accidentally leave your computer unattended after you login. When you return to your computer, you will be prompted to re-enter your password and your session will continue.

Your Rights and Responsibilities: In addition to this Agreement, you agree to be bound by and comply with the Account Agreement and Account Disclosure, the rules and regulations of the electronic transfer system, and state and federal laws and regulations. You, the consumer, are responsible for keeping your online password and account data confidential. We are entitled to act on transaction instructions received using your password, and you agree that the use of your password will have the same effect as your signature, authorizing the transaction(s). If you authorize other persons to use your password in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization, changed your password, and that you are responsible for any transactions made by such persons until such time as we receive and have time to act upon the notification that transfers by that person, or instructions regarding your accounts, are no longer authorized.

III.  Online Services and Limitations

Available Services: You may use your personal computer to:

Other services may be added to GatewayBank of Florida Online Banking Service and will be communicated to our customers as the additions are made.

Hours of Accessibility: You may access GatewayBank of Florida Online Banking Service seven days a week, 24 hours per day. Necessary system maintenance will be scheduled for hours during which system traffic is normally at a minimum. If the system is unavailable due to an unanticipated problem, you may use the automated telephone voice response system (Telebanc), one of our ATM machines, or a branch office (during regular business hours) to conduct transactions.

Balance and Transaction Information: You may access any eligible GatewayBank of Florida account on which you are an owner or signer to receive transaction history and balance information. The balance and account history will show the current balance of the account, including any transactions conducted prior to the inquiry. In progress returns due to non-sufficient funds or stop payments may not be reflected in the inquiry.

Account Information and Transfers: Account balances and activity is current information. Funds transferred between related accounts initiated on your computer using Online Banking and received by the bank before 4:30 p.m. EST on a Business Day will be effective on that Business Day. Transfers processed on your computer using Online Banking and received after 4:30 p.m. EST on a Business Day, or on any non-Business Day, will be effective the following Business Day.

Unavailable, Delayed, or Inaccurate Account Information: We strive to provide complete, accurate and timely account information through Online Banking. However, unless otherwise required by law, we will not be liable to you if any such information is unavailable, delayed or inaccurate. With respect to electronic funds transfer problems, such as unauthorized transfers or the Bank's failure to properly complete authorized transfers, the extent of our liability is described in Part VI of this Agreement.

Limits on Frequency and Amount of Transfers: Federal regulations require us to limit either by contract or in practice the number of certain types of transfers from money market deposit accounts and savings accounts. Under these regulations, you are limited to six (6) preauthorized electronic fund transfers each month, including telephone transfers, Online Bill Payment and other online banking transactions, checks, and point-of-sale transactions. Of these six transactions, you are limited to no more than three transactions per month by check or point-of-sale. Payments to your GatewayBank of Florida loan accounts are not counted toward this limit. Subject to availability of funds in your designated checking account, there are no limits on the dollar amount of transfers to or from your account.

Service Cancellation: GatewayBank of Florida reserves the right to cancel your online service at any time without notice due to insufficient funds in one or more of your accounts. After cancellation, service may be reinstated at the discretion of the bank provided that funds are available to cover the cost of any fees and/or pending transfers. To reinstate your service, contact GatewayBank of Florida Online Banking Department at (386) 947-5400.

If you wish to cancel any of your GatewayBank of Florida Online Banking services, please contact GatewayBank of Florida Online Banking Department at (386) 947-5400 or send us cancellation instructions in writing to: GatewayBank of Florida-Online Banking, P. O. Box 731619 , Ormond Beach , Florida 32173-1619 .

IV. Optional Bill Payment

Through GatewayBank of Florida Online Banking Service you may subscribe to the Online Bill Payment system.

SERVICE DEFINITIONS

"Service" means the Bill Payment Service offered by your financial institution - CheckFree

"Agreement" means these Terms and Conditions of the bill payment and e-mail payment service.

"Payee" is the person or entity to which you wish a bill payment or e-mail payment to be directed or is the person or entity from which you receive electronic bills or e-mail payments, as the case may be.

"Payment Instruction" is the information provided by you to the Service for a bill payment or e-mail payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments or e-mail payments will be debited.

“Billing Account” is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Scheduled Payment Date" is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

“Due Date” is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period.

“Scheduled Payment” is a payment that has been scheduled through the Service but has not begun processing.

BILL PAYMENT SCHEDULING

Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period.

THE SERVICE GUARANTEE

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Bill Payment Scheduling” in this Agreement.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

E-MAIL PAYMENTS

The following applies to your use of the e-mail payment and request for money functionality of the Service. This functionality allows you to make payments from your Payment Account to any other account enrolled in this Service. If you choose to utilize this functionality you also agree to the following:

Information provided to the Service – You agree to provide true and accurate enrollment information to the Service, and to maintain and promptly update your information as applicable. You agree not to impersonate any person or use a name that you are not authorized to use.

Activation limitations – You must be at least eighteen (18) years of age to enroll in the Service. You must be a resident of the United States or its possessions, and use the Service for individual purposes only, not on behalf of any business, corporation, proprietorship or other entity. You must have a valid e-mail address and access to the Internet. You must be a legal owner of the Payment Account registered for the Service. We reserve the right to limit the number of memberships you have with the Service.

Transaction limitations - You will be assigned a transactional limit, a daily limit and a weekly limit at enrollment based on parameters associated with your credit history. You agree to accept the limits set by the Service. We reserve the right to limit the amount you may have debited from or credited to your Payment Account on any given day and/or week. Additionally, the Service reserves the right to limit your use of this functionality by imposing limits, hold times, or other measures should we believe that suspicious activity has occurred or may occur. You authorize the Service to check your credit history at enrollment and to obtain follow-up credit reports on you. Information obtained will be used by the Service to verify information you provide to the Service and to set limits associated with your use of the Service. The Service reserves the right to verify any of the information you provide.

The Service shall have the right to terminate your membership, reject or reverse any transactions you initiate, and/or restrict or condition your right to send or receive money at any time and for any reason, including, but not limited to:

1. Excessive use;
2. Using the Service (directly or indirectly) for any unlawful purpose; an/or
3. Tampering, hacking, modifying or otherwise attempting to corrupt the security or functionality of the Service.

Sending and receiving payments – When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf to the Payee’s account. E-mail payments begin processing the Business Day the Payment Instruction is submitted to the Service. Any e-mail payment submitted on a non-Business Day will begin processing on the next Business Day. The Service reserves the right to hold funds beyond the standard distribution periods for any transactions it deems necessary. The recipient’s ability to access these funds is at the sole discretion of the recipient’s financial institution and is not controlled by the Service. You acknowledge that once money is delivered to the recipient, the transaction is non-reversible and non-refundable to you. Credits to and debits from your Payment Account are only processed on Business Days. If we learn that you had insufficient funds in the Payment Account from which you requested we send money, we will cancel the payment. If we learn this after the money has been delivered to the recipient, you will owe us and agree to promptly repay the amount of the shortfall. We may apply funds awaiting receipt by you against the amount you owe us. In addition, we may not permit recipients of your outstanding payment requests to receive the money, and we will not refund transaction fees in these situations. With respect to any transaction, the Service reserves the right to seek reimbursement from a recipient if we receive any type of charge-back related to any Payment Instructions. We may obtain such reimbursement by deducting the charge-back amount from the recipient's account(s), reversing any credit(s) to the recipient's Payment Account, or by seeking such reimbursement from recipient by any other lawful means.

Non-Delivery of e-mail payments – It is your sole responsibility to provide the correct e-mail address(s) for an individual(s) to whom we send money on your behalf. THE SERVICE IS NOT RESPONSIBLE FOR PAYMENTS MADE TO UNINTENDED RECIPIENTS DUE TO THE INPUT OF INCORRECT INFORMATION BY YOU, NOR SHALL THE SERVICE BE RESPONSIBLE FOR VERIFICATION OF THE IDENTITY OF RECIPIENTS.

Accuracy and dispute of e-mail payments – We are not responsible for determining whether the amount of money being sent is correct for any underlying transaction or is actually owed to the recipient. Any dispute that may arise between you and the recipient relating to a payment made or received, or any other aspect of a transaction between you and the recipient, is not the responsibility of the Service. We make no guarantees regarding purchases paid for via the Service. You acknowledge that the Service does not ensure the quality, safety or legality of any merchandise received, nor that a seller will even ship merchandise. You agree to hold the Service harmless for any loss or expense you incur as a result of such purchases or disputes.

Cancellation of e-mail payment(s) – Once initiated, payments cannot be cancelled. Once money is delivered to the recipient, the transaction is non-reversible and non-refundable to you. However, you may cancel an invitation to send money if it has not yet been received by the recipient. After you initiate a payment, if the recipient is not already enrolled in the Service, the Service will periodically send reminder e-mails to you and the recipient until the recipient has enrolled in the Service and received the payment. If recipient has not enrolled in the Service and received the payment forty-five (45) days after initiation, the Service will cancel the payment.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.

PAYMENT CANCELLATION REQUESTS

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

STOP PAYMENT REQUESTS

The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

PROHIBITED PAYMENTS

Payments to Payees outside of the United States or its territories are prohibited through the Service.

EXCEPTION PAYMENTS

Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, erroneously posted or misdirected payments will be the sole responsibility of you and not of the Service.

BILL DELIVERY AND PRESENTMENT

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Service’s electronic bill options, you also agree to the following:

Information provided to the Payee – The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill.

Activation – Upon activation of the electronic bill feature the Service may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.

Notification – The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification – The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. The Service will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) – You agree to hold the Service harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.

Accuracy and dispute of electronic bill – The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Payees.

EXCLUSIONS OF WARRANTIES

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

1. Where it is necessary for completing transactions;
2. Where it is necessary for activating additional services;
3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
4. To a consumer reporting agency for research purposes only;
5. In order to comply with a governmental agency or court orders; or,
6. If you give us your written permission.

SERVICE FEES AND ADDITIONAL CHARGES

Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

FAILED OR RETURNED TRANSACTIONS

In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that: 1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service; 2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed; 3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return; 4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and, 5. The Service is authorized to report the facts concerning the return to any credit-reporting agency.

ALTERATIONS AND AMENDMENTS

This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as a part of the Service, you agree to receive all legally required notifications via electronic means.

ADDRESS OR BANKING CHANGES

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made by contacting your financial institution. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application’s Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:

1. Telephone us during customer service hours; and/or
2. Write us at your financial institution's address.

The Service will complete any payment(s) the Service has already processed before the requested cancellation date. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

PAYEE LIMITATION

The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

RETURNED PAYMENTS

In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee’s forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account. You may receive notification from the Service.

DISPUTES

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

CAPTIONS

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida , without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

V. Changes to Fees, Charges and Other Terms

We reserve the right to change the fees, charges or other terms outlined in the agreement. We will notify you 30 days prior to implementation of changes, either by written notice or e-mail, and will also update this agreement, if the changes to this agreement are more restrictive than those stated in the agreement, or increase your responsibility for unauthorized transactions. In the event that a change is necessary to ensure the security of the online system, an immediate change may be necessary, and we will notify you within 30 days after the change is made by electronic or written notice. You may choose to accept or decline changes by continuing or discontinuing the services to which the changes relate. We reserve the option to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Account Disclosure.

VI. Additional Electronic Fund Transfer Disclosures and Agreement Terms

Unauthorized Transactions
Tell us AT ONCE if you believe your online password has been lost or stolen or if you believe your password may be used without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit).

Also, if your statement shows transfers that you did not make, tell us at once.

The following three paragraphs apply only to Accounts that are "Consumer Accounts" (as defined in the Introduction to this Agreement):

If you tell us within two Business Days (see above for our Business Days), you can lose no more than $50 if someone used your online password without your permission. If you do NOT tell us within two Business Days after you learn of the loss or theft or unauthorized use of your password, and we can prove that we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.

If your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after your statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason, such as a confirmed extended trip or hospital stay, kept you from telling us, we will extend the time periods.

Contact in event of Unauthorized Transfers
If you believe your online password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call GatewayBank of Florida Online Banking Department at (386) 947-5400 or write to us at GatewayBank of Florida Online Banking Department, P. O. Box 731619, Ormond Beach, Florida 32173-1619. You also may notify us by sending us a fax at to: (386) 255-3826, Attention: GatewayBank of Florida Online Banking Department.

In case of errors or questions about your electronic transfers, telephone us, email us, or write to us at the telephone number, email address or office address provided in the paragraph above. Contact us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt. We must hear from you no later than 60 days after we mailed you the FIRST statement on which the problem or error appeared. When you contact us about your problem (including by telephone, email or fax), please

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.

The following three paragraphs apply if your complaint or error is with regard to a Consumer Account:

We will determine whether an error occurred within 10 Business Days after we hear from you and correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 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 we do not receive it within 10 Business Days, we may not provisionally credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts (an account that has been opened for 30 days or less), we may take up to 20 Business Days to provisionally credit your account for the amount you think is in error.

We will tell you the results of our investigation within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.

Our Liability for Failure to Make Transfers or Paying Late

If we do not complete a transfer to or from your bank account on time or in the correct amount according to our agreement with you, and if the transfer was to or from a Consumer Account, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable:

Confidentiality -- Disclosure of Account Information
You authorize GatewayBank of Florida to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided that we have obtained about your accounts and the transfers you make:

Please refer to our Privacy Disclosure that we provided to you for a complete description of our policies and practices relating to the disclosure of your information to third parties. Our Privacy Disclosure also is available at www.gatewaybankfl.com or by calling us at (386) 947-5400.

Preauthorized Credits/Deposits
If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company the person or company making the deposit will tell you every time they send us the money OR you can call us at (386) 947-5400 to find out whether or not the deposit has been made.

Periodic Statements
You will get a monthly account statement unless there are no transfers in a particular month. In any case, you will get the statement at least quarterly.

Fees and Charges:

Service Fee

You agree to be responsible for any local or long distance telephone charges or Internet Service Provider (ISP) charges that you incur by accessing your accounts via GatewayBank of Florida Online Banking Service.

VII. LIMITATIONS ON BANK LIABILITY

We will not be responsible for the following incidents, errors or failures:

Access
We will not be responsible for failure to provide access or for interruptions in access to GatewayBank of Florida online banking or online Bill Payment Service due to a system failure or due to other unforeseen acts or circumstances.

Your Computer Equipment or Software
We will not be responsible for any errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment used with GatewayBank of Florida Online Banking Service.

We are not responsible for any error, damages or other losses you may suffer due to the malfunction or misapplication of any system you use, including your browser (Microsoft Explorer®, Netscape Navigator®, or otherwise), your Internet Service Provider (ISP), your personal financial management or other software, (such as Quicken®, or Microsoft Money®), or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with GatewayBank of Florida Online Banking Service.

Online Bill Payment
We are not responsible for postal delays or processing delays by the payee for any bill payment made through our Bill Payment services.

VIII. Other Provisions

Electronic Notice
With your consent, we may send notices to you by electronic mail (e-mail). You may use e-mail to contact us about inquiries, maintenance, and/or some problem resolution issues. E-mail may not be a secure method of communication. We therefore recommend that you do not send confidential personal or financial information by e-mail. There may be times when you need to speak with someone immediately, especially to report a lost or stolen PIN, or to stop a payment. In these cases, do not use e-mail. Instead, call us at (386) 947-5400, during regular business hours, Monday - Friday 9:00 a.m. - 5:00 p.m., excluding Bank Holidays.

Warranty and Software Limitations
NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE (OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS), UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.

Ownership of Website
The content, information and offerings on our Website are owned by GatewayBank of Florida, and the unauthorized use, reproduction, linking or distribution of any portions is strictly prohibited.

Geographic Restrictions
GatewayBank of Florida Online Banking services described in this Agreement and available on our Website are solely offered to citizens and residents of the United States of America currently residing in the United States . Citizens and residents outside the United States may not be able to access GatewayBank of Florida Online Banking or Bill Pay Service.

Scope of Agreement
This Agreement represents our complete agreement with you relating to our provision of GatewayBank of Florida Online Banking services. No other statement, oral or written, including language contained in our Website, unless otherwise noted, is part of this agreement.

Assignments

The Bank may assign certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.