Disclosures

Notice of Changes in Temporary FDIC Insurance Coverage
for Transaction Accounts

All funds in a "noninterest-bearing transaction account" are insured in full by the Federal Deposit Insurance Corporation from December 31, 2010 through December 31, 2012. This temporary unlimited coverage is in addition to, and separate from, the coverage of at least $250,000 available to depositors under the FDIC's general deposit insurance rules.

The term "noninterest-bearing transaction account" includes a traditional checking account or demand deposit account on which the insured depository institution pays no interest. It also includes Interest on Lawyers Trust Accounts ("IOLTAs"). It does not include other accounts, such as traditional checking or demand deposit accounts that may earn interest, NOW accounts, and money-market deposit accounts.

For more information about temporary FDIC insurance coverage of transaction accounts, visit www.fdic.gov.

Atlantic Capital Bank On-Line Banking Access Agreement

Account Access

You may use the Service to:

Transfer funds between eligible accounts (checking, savings, loans & lines of credit) on a one-time or recurring basis;
Obtain Account balances;
Pay bills directly from your accounts(s) on a one-time, fixed or variable recurring basis, in accordance with the terms of this
Agreement to merchants and individuals in the U.S.;
Review transaction history;
Receive images of checks;
Secure e-mails to customer service;
Print statements;
Download account information to personal software program.

Limitations on Frequency of Transfers
You may initiate an unlimited number of transfers between your eligible accounts subject to the limitations that apply to the maximum number of automatic or recurring withdrawals from savings account.

Limitations on Dollar Amount of Transfers/Bill Payments
Each transfer between accounts and the maximum aggregate amount per day is unlimited. Bill payments will be paid from checking accounts only. Dual signature checking accounts will not be eligible for Bill Payment Service. Each bill payment and maximum aggregate amount per day is unlimited from an eligible account.

The Atlantic Capital Bank On-line Banking service is available to our personal and business account customers at no monthly charge for account information services, transfers between accounts, and unlimited bill payment.

Tell us AT ONCE if you believe your Access ID and Password have been lost or stolen. 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. Your account and use of this On-Line Banking product are governed by Regulation E and the disclosures provided to you at application.

Back to top

Contact in the Event of Unauthorized Transfer

If you believe your Access ID and Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:

(877) 764-2265;

Or write:

Atlantic Capital Bank
Customer Service Center
PO Box 550889
Atlanta, Georgia 30355

Back to top

Bank Liability (Applicable to Consumer Accounts Only)

If we do not complete a transfer to or from your 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, for instance:

If you do not have enough money in your account to make the transfer or payment.
If the transfer or payment would go over the credit limit on your overdraft line.
If the Service or your personal computer or modem was not working properly and you knew about the breakdown or malfunction when you started the transfer or payment.
Any information provided by you about the payee is incorrect.
There are any delays in the handling of the payment by the payees.
Circumstances beyond our control prevent the proper completion of the transaction, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, fire, flood, tornado, delay in the U.S. Mail, the Recipient’s policies and procedures, or other uncontrollable circumstances such as power failure, the disconnecting or quality of your telephone line.
Funds in your account are subject to legal process or other restrictions prohibiting the transfer.
It can be shown that the merchant or payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of Atlantic Capital Bank On-line Banking or our service providers.
Other applicable laws and/or regulations exempt us from liability.

In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated were in the process of completing or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.

Error Resolution Notice

Your account and use of this On-Line Banking product are governed by Regulation E and the disclosures provided to you at application. In Case of Errors or Questions about Your Electronic Transfers telephone us at:

(877)764-2265

Or write:

Atlantic Capital Bank
Customer Service Center
PO Box 550889
Atlanta, Georgia 30355

In the event of a dispute arising under or relating in any way to this Agreement or to the Online Service provided under this Agreement, you and we agree to resolve this dispute by looking to the terms of this Agreement. If there is a conflict between what one of our employees says and the terms of this Agreement, the terms of this Agreement shall control.

YOU HEREBY AGREE THAT ANY DISPUTE OR CLAIM ARISING UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THIS ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, OR INTERPLEADERS. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BRING A CLASS ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION AGAINST US TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.

The party filing a Claim(s) in arbitration must file its Claim(s) before the American Arbitration Association under the rules of such arbitration administrator in effect at the time the Claim(s) was filed. Rules and forms of the may be obtained and Claims made may be filed at American Arbitration Association, 2200 Century Parkway, Suite 300, Atlanta GA 30345-3203, www.adr.org. Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitrator administrator within the federal district in which you reside at the time the Claim(s) is filed, or at some other place to which you and we agree in writing. Judgment upon any arbitration award may be entered in any court having jurisdiction. This binding arbitration provision applies to any and all Claims that we may have against you or that you have against us, our affiliates, successors or assigns, and against all of their respective officers, employees, or agents; it also includes any and all Claims regarding the applicability of this arbitration clause or the validity of any part of this Agreement.

This Arbitration Agreement shall survive: (i) termination or changes in the Agreement, and the relationship between you and us concerning the Agreement; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. This provision is governed by relevant Georgia and United States arbitration laws.

Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (877) 764-2265.

You will get a monthly account statement from us for your checking accounts. The payee name, payment amount, and transaction date will be reflected for each payment made through the Service. You agree to review your periodic statements in accordance with this Agreement and any other deposit Agreements governing your Account, for accuracy of all data transmitted through On-Line Banking.

Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments.

Here’s how:

Use your personal computer to access the Atlantic Capital Bank On-line Banking and alter both the payment amount and the payment date at any time prior to 5:00 p.m. You may also delete any single payment or recurring payment at any time prior to 5:00 p.m.

Call us at (877)764-2265

Write us at:
Atlantic Capital Bank
Customer Service Center
PO Box 550889
Atlanta, Georgia 30355

If you call or write, it must be in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may require you to put your request in writing and send it to us within fourteen (14) days after you call. We will charge $30.00 for each stop payment order you give. If stop is placed online or through our automated telephone banking system, we will charge $10.00 for each stop payment order placed.

Notice of varying amounts

If your regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, of when the amount would fall outside certain limits that you set.)

If you order us to stop one of these regular payments three (3) Business Days or more before the Payment Date, and we do not do so, we will be liable for your losses or damages.

Information about your account(s) or the transaction(s) you make may be shared if:

It is necessary to verify the existence and condition of your account to a third party such as a credit bureau or merchant.
It is necessary to comply with a governmental agency or court order.
You give us permission, which we may require to be in writing.
It is necessary to collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic funds transfer service.
It involves a claim by or against us concerning a deposit to or a withdrawal from your account.
We are required or permitted to do so under state or federal laws and/or regulations.
With our affiliates to enable us to provide you faster and better service as well as special products and promotions.

For additional information on our sharing practices, please refer to our Privacy Statement by clicking on any Atlantic Capital Bank Privacy Statement link or button throughout the Atlantic Capital Bank On-line Banking web site.

You may terminate your use of On-line Banking at any time by calling us at (877)764-2265, by visiting our bank, or writing to us at Atlantic Capital Bank, PO Box 550889, Atlanta, Georgia 30355. You must notify us within ten (10) days prior to the date you wish to have your Service terminated. We may require you to put your request in writing. If you have a scheduled payment within this ten (10) day period, you are required to cancel those payments according to the instructions in the section titled “Preauthorized Payments”. You will be responsible for payments with transaction dates during the ten (10) days following our receipt of your written notice of termination if you do not cancel those payments. We will notify you confirmation of your termination.

We may terminate your access to On-line Banking, in whole or in part, at any time without notice, if you do not comply with the terms of this Agreement, or the agreements governing your Accounts, or if we believe that you have handled your Account(s) in a fraudulent manner. We may also terminate your access to On-line Banking for any other reason by giving you twenty (20) days notice. Termination will not affect your liability under this Agreement for transactions that we have processed on your behalf.

When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.

Atlantic Capital Bank may, from time to time, introduce new Atlantic Capital Bank On-line Banking services. We shall update this On-line Access Agreement to notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the terms contained in this On-line Banking Access Agreement.

Notices

You agree that by using the Online Service, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or the Online Service may be sent to you electronically to any electronic mailbox we have for you, or at our option, another electronic mail address you provide to us or in any other manner permitted by law.

Atlantic Capital Bank is not responsible for any electronic virus or other malicious software that you may encounter. We encourage our customers to routinely scan their personal computer and diskettes using a reliable virus and spyware product to detect and remove any viruses or other malicious software. Undetected viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

Children’s Online Privacy

This website is not intended for use by children under the age of 13 and we do not knowingly collect information on this website from children under the age of 13.

This Agreement and its enforcement shall be governed by the laws of the State of Georgia, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. The account(s), products and services accessed via the Online Service shall be governed by laws of the applicable account agreements. We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part 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. If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.

This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

This agreement may not be assigned to any other party by you. We may assign or delegate, in part or whole, to any third party.

Terms and conditions of this agreement may be amended in whole or part at any time within 30 days written notification prior to the change taking effect. If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. Amendments or changes to term(s) or condition(s) may be made without prior notice if they do not result in higher fees, more restrictive service use, or increased liability to you.

Entire Agreement

This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this agreement shall supersede.

You acknowledge and agree that you are personally responsible for your conduct while using On-Line Banking and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of On-Line Banking or the use of On-Line Banking by anyone using your Card number, account number, PIN, User ID or Password or your violation of this Agreement or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.

You agree not to use the Service for illegal purposes for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others. You agree that you will not engage in any activities related to On-Line Banking or the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with Atlantic Capital Bank and (ii) in circumstances where locations of On-Line Banking or the Website require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.

EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK AND THAT THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE ONLINE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.

Compliance Program Overview

The USA PATRIOT Act, Public Law 107-56, signed into law by President George Bush in October of 2001, enhances the anti-money laundering compliance requirements for banks and other financial institutions.

In accordance with Title III of the USA PATRIOT Act, and applicable federal regulations, Atlantic Capital Bank has adopted policies, procedures and controls designed to provide for the continued administration of an anti-money laundering program reasonably considered to assure and monitor compliance with the record keeping and reporting requirements of the Bank Secrecy Act, as amended. The program is reviewed and modified as necessary in response to applicable statutory and regulatory changes. Core features of the anti-money laundering compliance program implemented by Atlantic Capital Bank include the following:

      •   Board of Directors-approved anti-money laundering policy
      •   Designated Bank Secrecy Act and Anti-Money Laundering Compliance Officer
      •   Internal Policies and Procedures applicable throughout the Corporation

designed to comply with all applicable statutory and regulatory requirements

         and FATF anti-money laundering standards
      •   Detailed Wire Transfer Request Procedures
      •   Suspicious Activity Monitoring and Reporting
      •   Customer Identification Program
      •   Employee Training Program
      •   Independent Audit Review
      •   Reporting of Large Currency Transactions
      •   Office of Foreign Assets Control (OFAC) Monitoring
      •   Compliance with Record Retention Requirements
      •   Prohibition on Correspondent Accounts with Foreign Shell Banks
      •   Cooperation and Information Sharing with Law Enforcement

Notice To Correspondent Account Holders

Pursuant to U.S. regulations issued under section 311 of the USA PATRIOT Act, 31 CFR 103.188, we are prohibited from opening or maintaining a correspondent account for, or on behalf of the following entities:
- Commercial Bank of Syria (CBS) or any of its subsidiaries (including Syrian

Lebanese Commercial Bank);
- VEF Banka (Republic of Latvia) or any of its subsidiaries (including Veiksmes

lızings);
- Banco Delta Asia or any of its subsidiaries (including, but not limited to, Delta

Asia Credit Limited, and Delta Asia Insurance Limited).

The regulations also require us to notify any correspondent accountholders with our financial institution that their account may not be used to provide these entities with access to our financial institution. If we become aware that these entities are indirectly using the correspondent account you hold at our financial institution, we will be required to take appropriate steps to prevent such access, including terminating your account.

Atlantic Capital Bank is committed to complying with applicable laws and regulations targeted at assisting United States authorities in combating money laundering, terrorist financing, and other financial crimes. Additional questions can be directed to Mitch Everett, Vice President and Director of Corporate Compliance, Atlantic Capital Bank’s Bank Secrecy Act and Anti-Money Laundering Compliance Officer, at (404)995-6066.