You may begin accessing Online Banking immediately after accepting the NorthWest Bank & Trust Online Banking Terms and Conditions Agreement.

Online Banking Terms and Conditions Agreement

Effective March 6, 2007

I.                   Introduction

II.                Accessing Your Account

III.             Terms and Conditions

IV.              Optional Online Banking Bill Payment

V.                 General

VI.              Limits and Liabilities

VII.           Other Provisions

VIII.        Fees and Charges

I.                   Introduction

This Agreement is a contract between you and NorthWest Bank & Trust that outlines and governs the Terms and Conditions for accessing your accounts via NorthWest Bank & Trust's Online Banking.  This Agreement explains the terms and conditions which govern Online Banking.

     Account and Balance Inquiries        Automatic Bill Payment

     Account Transfers                        Email to Bank          

     Transaction Downloads

By using Online Banking provided by NorthWest Bank & Trust, you agree to abide by the terms and conditions of this Agreement.  All applicable federal laws and regulations will govern this Agreement.  In the event that no federal law applies, laws and regulations effective in the State of Georgia will govern the Agreement.

Some of the terms set forth in this Agreement are governed by the Electronic Funds Transfer Act ("EFT Act"), which is only applicable to consumers.  Commercial Account holders are not entitled to the rights provided under the EFT Act.

The term "business day" refers to Monday through Friday, excluding Saturday, Sunday and federal banking holidays.

II.                Accessing Your Accounts

In order to activate your Online Banking, you must have at least one checking, savings, Certificate of Deposit, or loan account with NorthWest Bank & Trust.  You must also have:

·        Computer with modem (2.8.8 kbps or higher recommended)

·        Internet Access

·        128-bit Encrypted Browser (Netscape Navigator 6 or higher, Microsoft Internet Explorer 5.5 or higher, American Online 6.0 or higher recommended)

NorthWest Bank & Trust is entitled to act on instructions received through Online Banking under your password and without inquiring about the identity of the person using that password.  You should not under any circumstances disclose your password by telephone or to anyone claiming to represent NorthWest Bank & Trust.  Bank employees do not need and should not ask for your password.  

As a customer of NorthWest Bank & Trust, you may access your accounts by selecting and using an Online Banking password (PIN) and by paying any required monthly fees as described in this Agreement.  You should keep your PIN in a secure location.  Any person having access to your NorthWest Bank & Trust Online Banking PIN will be able to access Online Banking 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 or authorized using 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.

You will be issued an initial access ID and password that will allow you to log on to NorthWest Bank & Trust's Online Banking.  The first time you log on to the Online Banking system, you will be required to change the initial access ID and password and select an access ID and password known only to you.

·        The Access ID you select may be any combination of alpha/numeric characters, from six (6) to nine (9) digits.

·        The password criteria is as follows:

o       Minimum Password Length 4 characters

o       Maximum Password Length 10 characters

o       Number of Numeric Characters Required 0 (zero)

o       Number of Alpha Characters Required 0 (zero)

Password Examples:  CSB1234; angel2001; Bk1202; Name985; 00Bank00

·        Passwords are case sensitive (must be entered exactly as input with upper and/or lower case characters).

·        Passwords can be changed at any time by the account holder through NorthWest Bank & Trust's Online Banking customer service.

We recommend that you change your password periodically.  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, notify NorthWest Bank & Trust immediately.

·        Call NorthWest Bank & Trust at 770-917-9191 and tell a representative about your password security concern.

·        NorthWest Bank & Trust is open Monday through Friday 9:00 a.m. to 5:00 p.m., and Saturday 9:00 a.m. to 12 noon, excluding federal bank holidays or extreme winter weather days. Our drive thru opens at 8:30 a.m. Monday thru Friday.

Accounts that can be viewed using NorthWest Bank & Trust Online Banking are:

Personal Accounts/Loans and Commercial Accounts/Loans

Please refer to Section VIII - Fees and Charges for Online Banking.  There are no additional fees or charges, other than those outlined in Section VIII, for transferring funds between accounts at NorthWest Bank & Trust through NorthWest Bank & Trust's Online Banking.

You may use your personal computer to:

Ø      View account balances and transaction history

Ø      Transfer funds from checking and savings accounts "subject to limitations as described below in Section IV" into:

o       Your other NorthWest Bank & Trust checking and savings accounts

o       Loan accounts

Ø      Establish automatic transfers from one of your accounts to another at NorthWest Bank & Trust (from checking and savings to checking, savings or loans)

Ø      With Online Banking's Bill Pay feature, pay bills to any merchant, institution or individual with a U.S. mail address

Ø      Communicate directly with NorthWest Bank & Trust via email

In submitting a message by email to NorthWest Bank & Trust, you agree that NorthWest Bank & Trust may respond to you by email with regard to any matter related to Online Banking, including responding to any claim of unauthorized electronic funds transfer that you make.  You also agree that NorthWest Bank & Trust may send information about other products and services offered by the Bank to you by email.

Other services may be added to NorthWest Bank & Trust's Online Banking and will be communicated to our customers as these additions are made.

III.             Terms and Conditions

The first time you access any of your accounts through NorthWest Bank & Trust's Online Banking, you confirm your Agreement to abide by all the terms and conditions of this Online Banking Agreement and acknowledge your receipt and understanding of this disclosure.

Fees and Charges

NorthWest Bank & Trust reserves the right to cancel your Online Banking at any time, without notice, due to insufficient funds on 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 NorthWest Bank & Trust at 770-917-9191. 

If you do not access your accounts via NorthWest Bank & Trust's Online Banking for any consecutive six (6) month period, NorthWest Bank & Trust reserves the right to disconnect your service.  (See paragraph above for reinstatement of service information.)

If you do not schedule or process a payment in your NorthWest Bank & Trust Bill Payment system within a six (6) month period, NorthWest Bank & Trust reserves the right to discontinue your Bill Payment service.

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 NorthWest Bank & Trust's Online Banking.

If you wish to cancel any of your NorthWest Bank & Trust's Online Banking, please contact NorthWest Bank & Trust at 770-917-9191 or send us written cancellation instructions to:  NorthWest Bank & Trust Online Banking, 3891 Cobb Parkway, Acworth, GA  30101.

Hours of Accessibility

You may access NorthWest Bank & Trust's Online Banking 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 (Telebanking at 1-888-730-7519) or our office during regular business hours to conduct your transactions.

Additional Terms

·         Balance Information - You may access any eligible NorthWest Bank & Trust 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 - 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 4:00 p.m. EST Monday through Friday, will be effective on the current business day.  Transfers processed on your computer using Online Banking and received after 4:00 p.m. EST Monday through Friday or all day Saturday, Sunday and banking holidays will be effective the following business day.

·         Transaction Sessions - Each customer Online Banking session will be limited to 45 minutes.  You will be automatically disconnected from this service after 15 minutes of inactivity.

IV.                          Bill Payment

Through NorthWest Bank & Trust's Online Banking you may subscribe to our optional Online Banking Bill Payment system.  The Bill Payment service allows you to schedule payments through your Online Banking system for current, future, and recurring bills from your checking or savings account.  You must designate a specific account as your Bill Payment account.

Restrictions:  We will not permit you to use a money market checking or savings account as your Bill Payment account, because federal regulations require us to limit either by contract or in practice the number of certain types of transfers from money market deposit accounts.  Under these regulations, you are limited to six (6) preauthorized electronic fund transfers and telephone transfers, including NorthWest Bank & Trust's Online Banking transactions, checks, and point-of-sale transactions per month.  Of these six transactions, you are limited to no more than three (3) transactions per month by check or point-of-sale.  Each fund transfer or payment through NorthWest Bank & Trust's Online Banking from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each month.  Payments to your loan accounts are not counted toward this limit. 

Account holders that require two (2) signatures for withdrawal purposes will be unable to access the Online Banking Bill Payment service.

Bill Pay Procedure:  By furnishing us with the names of your payees (merchants and/or individuals) and their addresses, you give us authorization to follow the payment instructions, which you provide to us via NorthWest Bank & Trust's Online Banking for these payees.  When we receive a payment instruction for the current date or a future date, we will remit the funds to the payee on your behalf from the funds in your selected account, on the day you have instructed them to be sent (Payment Date).  We are not obligated to pay funds from your account(s) if the account balance is insufficient to cover the payment, unless your account has overdraft protection in an amount sufficient to cover the payment.  Funds for ALL bill payments, whether paid electronically or by check, will be withdrawn on the day the payment is scheduled to be SENT to the payee.

Stop, Change, or Delete Payments:  You have the right to stop, change, or delete any scheduled payment prior to the Payment Date by calling NorthWest Bank & Trust at 770-917-9191.  We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to processing the payment.  Once processing of the payment has begun, you can no longer stop payment. 

NOTE:  Any payments made with Bill Payment require sufficient time for your payee to credit your account properly.  To avoid incurring a finance charge or other charge, you must schedule a payment sufficiently in advance of the due date of your payment.  All payments must be scheduled at least one (1) full business day in advance of the date you schedule for us to initiate payment (payment date).  Not all payees accept electronic bill payments.  In the event that the payee for your scheduled payment does not accept payment via the electronic system, your payment will be made by mailing a paper check.  Paper payment requires a longer delivery time.  Payments made by paper should be scheduled at least three (3) business days prior to the due date.

Liability:  If you fail to schedule your payment according to the recommended timeframe, NorthWest Bank & Trust will not be responsible for the late fees or finance charges.  We will not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges or late fees.  Paper checks are mailed to the address you supply.  NorthWest Bank & Trust will not be responsible for processing incorrect information, which is supplied by you through the Bill Payment system, or for failure of the payment to process due to incorrect information.  In addition, we will not be liable if any third party, through whom any bill payment is made, fails to properly transmit the payment to the intended payee.  We will also not be liable if there are insufficient funds or credit availability in your designated payment account or overdraft protection plan, if a legal order prohibits us from conducting withdrawals to the payment account, if there is a hold on the account for uncollected funds or any other valid reason for hold, if the payment account is frozen or closed, or if any part of the electronic funds transfer system is not working properly.  We will not be liable for indirect, special, or consequential damages due to the use of Bill Payment.

Research Requests:  To inquire about an Online Banking Bill Payment, please contact NorthWest Bank & Trust at 770-917-9191.

Termination:  NorthWest Bank & Trust reserves the right to terminate your use of Bill Payment at any time.  If, for any reason, you should wish to terminate your use of NorthWest Bank & Trust's Bill Payment, we recommend that you cancel all future bill payments and transfers at the same time you cancel your account, either by deleting the payments yourself or by calling NorthWest Bank & Trust at 770-917-9191.  This will ensure that future payments and transfers made by you will not be duplicated.  We will automatically delete all outstanding payments and transfers (both one-time and recurring), once we have been notified that your service has been terminated.  We will continue to maintain your accounts unless you notify us otherwise. 

Bill Pay Fees

Refer to Section VIII - Fees and Charges for monthly fees and other charges for personal and business accounts.

Joint Account Holders

Each Bill Payment account may consist of either one individual account holder, or multiple (joint) account holders.  Each account holder needs a unique NorthWest Bank & Trust Online Banking password.  The terms of this Online Banking Agreement apply to all account holders enrolled in the Online Banking Bill Payment program.  In order to have a joint membership, all members must be joint signers on the checking account or savings account (excluding money market accounts) linked to Bill Payment.  Joint members share the same payee list and are subject to the joint tenant rules contained in the Account Agreement and Signature Card for the checking account.  Either account holder may close the Bill Payment service.

V.                             General

Changes to Agreement, Fees, Charges and Other Terms

We reserve the right to change the fees, charges, or other terms outlined in the Agreement.  NorthWest Bank & Trust may modify, amend, or revise this Agreement and/or terms and conditions applicable to Online Banking at any time and from time to time, and the revised Agreement or terms and conditions shall be effective on the date selected by NorthWest Bank & Trust or at the earliest date allowed by applicable law.  Any notice of revisions shall be sufficient if we post a notice on NorthWest Bank & Trust's home page and a copy of the revisions on NorthWest Bank & Trust's Online Banking page, unless otherwise prohibited by law, and give you instructions how to obtain a copy of such revised Agreement or terms and conditions, or if we otherwise notify you of the changes as permitted by applicable law.  Your continued use of Online Banking after the effective date of such revisions will constitute your acceptance of the revisions and the revised Agreement.  We may give you any notice under this Agreement or related to Online Banking, including notice of revisions or notices under Regulations E, CC, B, DD, M, or Z, by any one or more of the following methods:  by sending notice by first class mail, email at the address shown on our records (if the communication does not involve secure information), by placing a statement message in the statement for any of your accounts or by posting on our Internet site.  We reserve the right to terminate this Agreement and your use of Online Banking in whole or in part at any time without prior notice.  We also 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.

Disclosure of Account Information

You authorize NorthWest Bank & Trust and any affiliates to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided or that we or our affiliates have obtained about your accounts and the transfers you make:

Ø      To comply with government agency requests or court orders;

Ø      To verify the existence and condition of your account to a third party, such as a credit bureau or merchant;

Ø      To provide services relating to your account or to offer other products and services; and/or

Ø      To other entities if you give us permission.

Consumer 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.  If you have a mortgage account, you will continue to be responsible for the obligation as required under the note and deed of trust.

You, the consumer, are responsible for keeping your PIN and account data confidential.  We are entitled to act on the transaction instructions received using your PIN, and you agree that the use of your PIN will have the same effect as your signature, authorizing the transaction(s).  If you authorize other persons to use your PIN 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 PIN, 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.

The Bank reserves the right to terminate or modify this Agreement and your access to NorthWest Bank & Trust's Online Banking in whole or in part, at any time.  The Bank may assign certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

Unauthorized Transactions

You must notify us immediately if you suspect that another person has improperly obtained use of your Online Banking password.  You must also notify us if someone has transferred or may transfer money from your bank account without your permission, or if you suspect any fraudulent activity related to your account.  You should reveal your account number only to legitimate entities for purposes you authorize, such as automatic payments to your insurance company.  To notify us, call NorthWest Bank & Trust at 770-917-9191.

Federal law requires that if you believe your Online Banking password has been lost, stolen, or compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your Online Banking password without your permission.  Please inform us AT ONCE if you believe your PIN has been lost or stolen.  Telephoning is the best way of keeping your possible losses down.  If you do not notify us promptly, it is possible that you could lose all the money in your account, plus any maximum overdraft line of credit.  To notify us, call NorthWest Bank & Trust at 770-917-9191; after hours, email us at customerservice@northwestbank.net.  If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.00.

If your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once.  If you do not notify us within sixty (60) days after the paper or Online Banking statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days.  If extenuating circumstances, such as a confirmed extended trip or hospital stay, kept you from telling us, the time periods in this section will be extended.

Error Resolution

If you believe that there is an error regarding your account in conjunction with NorthWest Bank & Trust's Online Banking or Bill Payment (mortgage loans are excluded), it should be handled as follows:

Ø      Call NorthWest Bank & Trust at 770-917-9191 and tell a representative about the problem, or

Ø      Send a fax to 770-917-9191, Attention:  NorthWest Bank & Trust Online Banking and tell us the details of the problem, or

Ø      Write a letter and mail it to NorthWest Bank & Trust-Online Banking, 3891 Cobb Parkway, Acworth, GA 30101 and tell us the details of the problem.

We must hear from you no later than sixty (60) days after we send the paper statement or electronic statement on which the problem or error in question occurred.  If you notify us verbally, we will require that you send us your problem in writing within ten (10) business days.  When you write us about your problem, please:

Ø      Include your name and account number(s);

Ø      Describe the error or transaction in question, and explain why you believe it to be an error;

Ø      Tell us the dollar amount of the suspected error; and

Ø      If the problem involves a bill payment, tell us the checking account number used for payment, the payee's name, date for which the payment was scheduled, payment amount, and any applicable payee account number or reference number.

We will tell you the results of our investigation within ten (10) business days after we hear from you if your account has been opened for more than thirty (30) days (within 20 days for new accounts), and we will correct any error within one business day.  If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question.  If we decide to do this, we will re-credit your account within ten (10) business days (or 20 days on new accounts) 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 if we do not receive it within ten (10) business days, we do not need to re-credit your account while we complete our investigation.  If we determine that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation.  You may request copies of the documents used in our investigation.

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, we will be liable for your losses or damages.  However, there are some exceptions.  We will not be liable:

Ø      If, through no fault of ours, you do not have enough money in your account to make a transfer or bill payment;

Ø      If a legal order directs us to prohibit withdrawals from the account;

Ø      If your account is closed or if it has been frozen;

Ø      If a hold has been placed on your account for uncollected funds;

Ø      If the transfer or payment would cause the account to become overdrawn beyond the balance of the account plus any overdraft protection;

Ø      If you commit fraud or violate any law or regulation, or knowingly allow anyone to commit fraud or violate any law or regulation;

Ø      If any electronic terminal, telecommunication device, or any part of the electronic fund transfer system is not working properly;

Ø      If you have not provided us with complete and correct payment information including, without limitation, the name, address, account number and payment amount of the payee on a bill payment;

Ø      If you have not properly followed the instructions for using NorthWest Bank & Trust's Online Banking Bill Payment Service; and/or

Ø      If circumstances beyond our control (such as fire, flood, hurricane, improper transmission, or handling of payments by a third party) prevent the transfer or bill payment, despite reasonable precautions taken by us.

VI.                          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 NorthWest Bank & Trust's Online Banking or Online Banking Bill Payment Service due to a system failure or 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 NorthWest Bank & Trust's Online Banking. 

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 to communicate with NorthWest Bank & Trust's Online Banking.

Online Banking 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.

VII.                       Other Provisions

Electronic Notice

·        With your consent, we may send notices to you by electronic mail (email).  You may use email to contact us about inquiries, maintenance, and/or some problem resolution issues.  Email may not be a secure method of communication.  We therefore recommend that you do not send confidential personal or financial information by email.  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 email.  Instead, call NorthWest Bank & Trust at 770-917-9191, during regular business hours, Monday through Friday 9:00 a.m. to 5:00 p.m., and Saturday 9:00 a.m. to 12 noon, excluding federal bank holidays or extreme winter weather days.

Warranty and Software Limitations

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

Hours of Operation

Ø      Our Online Banking Representatives are available to help you Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding federal bank holidays.

Ownership of Website

The content, information and offerings on our website are owned by NorthWest Bank & Trust, and the unauthorized use, reproduction, linking or distribution of any portions are strictly prohibited.

Graphic Restrictions

NorthWest Bank & Trust's Online Banking 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 the NorthWest Bank & Trust Online Banking or Bill Pay Service.

Links Disclaimer

Links to websites outside Online Banking are provided for information purposes only.  External sites are not owned, sponsored, or endorsed by NorthWest Bank & Trust, and NorthWest Bank & Trust is not responsible for their content.

Scope of Agreement

This Agreement represents our complete Agreement with you relating to our provision of NorthWest Bank & Trust's Online Banking.  No other statement, oral or written, including language contained in our website, unless otherwise noted, is part of this Agreement.

VIII.                    Fees and Charges

I have read and accept the terms of the NorthWest Bank & Trust's Online Banking Terms and Agreement and wish to apply for NorthWest Bank & Trust's Online Banking or Online Banking with Optional Bill Pay Service.