This agreement states the terms and conditions that apply when you open qualifying account(s) on the Internet, Internet-enable qualifying account(s), access account information over the Internet, or transfer funds between qualifying Internet-enabled accounts. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. The first time you access your accounts through Online Banking, you agree to be bound by the terms and conditions of this Online Banking Agreement (Agreement) and acknowledge its receipt and your understanding of its terms. We may, from time to time, introduce new online banking services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments. You must also follow all instructions and procedures applicable to the services covered by this agreement.
EXPLANATION OF CERTAIN TERMS
- “We”, “us”, “our”, “Bank” and “Financial Institution means Community Bank of Santa Maria.
- “You” and “your” mean each account owner and anyone else with access to the account to perform the transactions or receive the services covered by this Agreement. If there is more than one owner, then these words mean each account owner separately and all account owners jointly.
- “Company representative” means, if you are a business entity, anyone we reasonably believe, in accordance with our security procedures, to be authorized to act on your behalf in connection with our Online Banking service.
- “Internet-enable” your account(s) means to enable you to obtain our service that allows you to obtain information and perform transactions we make available for your qualifying accounts over the Internet by use of a personal computer and/or other means we authorize or allow.
- “Online Banking” or “Service” means the services provided under this agreement which allow you to access information about your Internet-enabled accounts, transfer funds between qualifying accounts, and perform other transactions and obtain other services that we authorize or allow.
- “Online” means through the Internet by use of a personal computer or other screen-based electronic device.
- “Login” or “login information” means your Username and password or any other means to access the Service.
- “Account” means a deposit, loan or other account for which transactions may be performed using our Online Banking service.
- "Consumer account” means an account established primarily for personal, family, or household use.
- “Business account” means an account that is not a consumer account.
- “Business day” means Monday through Friday, except for Federal holidays.
- “Qualifying accounts” are types of accounts that qualify for our Online Banking service. You must be a named owner/obligor on the account in our records for it to qualify. You agree to provide us with any authority we require before we permit access to any qualifying account.
HEADINGS AND CAPTIONS
The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions hereof.
ELECTRONIC DELIVERY OF DISCLOSURES AND NOTICES
You have requested Community Bank of Santa Maria’s Online Banking or Online Banking with Bill Pay Service. We are required by Law to provide certain information to you when you sign up for the Service. We require that you receive this information electronically in order to enroll for the Service.
In addition, while you are a subscriber to this Service, there may be disclosures, notices, or other communications we are required to give you depending on the circumstances. This includes any notice we are required to provide if we make changes to the Service. In order to continue enjoying the benefits of the Service, we require that you be willing to receive any disclosure, notice, or other communication required electronically. However, you may contact us at (805) 922-2900 to receive a paper copy.
WITHDRAWING CONSENT TO ELECTRONIC DELIVERY
You may provide us notice that you are no longer willing to accept this information electronically. If you withdraw your consent your subscription to the Service may be terminated automatically. If you wish to withdraw your consent, you may do so by contacting us at (805) 922-2900.
CONSENT AND ACKNOWLEDGEMENT
This consent applies to the Service and any accounts, which you register to use with the Service. By clicking on the “I Accept” button on the last page of this Agreement and/or proceeding to use the Service, you acknowledge that you have read, understand, and agree to be bound by this Agreement and the terms and conditions associated with your use of the Service, including any Online Transactions you initiate through the Service. We recommend that you print or store a copy of this Agreement and keep it with your records. You may also view this Agreement at any time on our website.
By accepting this notice, you are acknowledging receipt of this notice and are agreeing to accept the disclosures and other information electronically as described above and accepting the following:
- Acknowledging receipt of the Online Banking Disclosure & Agreement
- Banking with Bill Pay Service;
- Confirming you are able to access and retain this information provided electronically.
- Providing the bank with up-to-date information, including a valid email address and phone numbers.
- Consenting to receipt of the disclosures and other information electronically as described above, and;
- Agreeing to the Terms and Conditions for Online Banking or Online Banking with Bill Pay service.
INDIVIDUAL AGREEMENT FOR ONLINE BANKING SERVICE
We do not have joint agreements for our Online Banking service. If you are an individual or sole proprietor, you are the only customer under this agreement. However, any of the accounts to which you have access through our Online Banking service may be jointly owned with, or joint obligations with, others.
PROTECTING YOUR PERSONAL INFORMATION
You will be required to use a Username assigned to or selected by you, as well as a password selected by you, each time you log-in to use Online Banking. You agree that we may rely on your Username, password, and other security procedures, as further described below and as we may modify in our sole and exclusive discretion from time to time, to identify and authenticate you when you use the Service. Keep your Username and password confidential to prevent unauthorized use or loss to your accounts and log out of Online Banking when you are finished.
You are solely responsible for controlling the safekeeping of and access to your Username, password, or other means to access your account(s) and the Bill Payment Service, as well as Online Banking. You agree not to give out or make available your Username, password, secure access code or other access tools as applicable and as necessary to access your Account to any unauthorized individuals. You are responsible for all Payment transactions authorized by you or by anyone to whom you provide access to your Bill Payment Service and Account. You are liable for all Payment transactions you make or that you authorize another person to make even if that person exceeds his or her authority.
If you choose to activate a biometric feature (such as a fingerprint or face scanner), it is your responsibility to control access to Online Banking just as you would with your personal ID and password. You acknowledge that any person who has a biometric feature stored in your device may be able to access Online Banking on that device.
We are strongly committed to protecting the security and confidentiality of our customers’ account information. We use several techniques to help secure our Online Banking service, including the following:
- You may only access Online Banking with a current and supported browser.
- Your account numbers are never displayed in full - only the last four (4) digits can be viewed.
- If there is no activity for a designated amount of time, you will be automatically logged off the Service.
Additionally, we strongly recommend you do the following:
- Apply all computer, device, and/or software security patches in a timely manner.
- Utilize virus protection software and personal firewalls to further protect your devices and financial information.
- Never provide confidential personal financial information, your login, or other identifying information to anyone. None of our employees or employees of our affiliates will contact you via phone or email requesting your password; however, we may request personal identifying information from you prior to discussing your account with you. If you are contacted by anyone requesting this information, please contact us immediately at our phone number shown in the section below entitled Notify us IMMEDIATELY for Unauthorized Transactions.
- Memorize your password and do not write it down.
- Change your password regularly to avoid misappropriations by a third party. Your password can be changed on our Online Banking site.
In addition to protecting your login, you should also take precautions to protect your personal identification information, such as your driver’s license, Social Security number, or tax identification number. This information by itself or together with account information may allow unauthorized access to your accounts. You should treat personal information with the same level of care that you would for your account information. You should also protect and secure all information and data stored in any personal computer, device, or other equipment you use to access our Online Banking service.
You should not include confidential information, such as account numbers and balances in any email to Bank. You cannot use regular email to initiate Online Banking transactions. Because normal Internet email transmissions are not secure, you agree to log into the Service and contact us electronically only through any secure messaging service that we may make available to you for any inquiries or requests that you may have regarding your Accounts. This is to properly secure your data. We cannot otherwise act on instructions sent by you from an external email address except through the secure messaging service that we make available to you through the Service.
We will not immediately receive email that you send. Therefore, you should not rely on email if you need to communicate with us immediately (for example, to report a lost or stolen ATM or debit card and/or password, to report an unauthorized transaction from one of your Accounts, or to report an error on your statement). We will not take actions based on your email requests until we receive your secure message and have a reasonable opportunity to act. Bank will not be liable for any errors, omissions, claims, or problems of any kind involving communications through regular email.
COMMUNICATIONS LINK AND YOUR EQUIPMENT
It is your responsibility to obtain and maintain your communication link to our Online Banking service and ensure that your use of such communication link is in compliance with applicable requirements, including any requirements of telecommunication companies and authorities. You are responsible for obtaining, installing, maintaining, and operating all hardware, software, and Internet access services necessary for obtaining our Online Banking service.
Online Banking services are typically available seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of Online Banking services may not be available due to system maintenance or reasons beyond our control. We do not warrant that Online Banking services will be available at all times. When unavailable, you may use an automated teller machine (ATM) or call us to conduct your transactions. An Online Banking transaction initiated prior to 11:59 PM (Pacific Standard Time) on a business day is posted to your account the same day. All transfers completed after 11:59 PM (Pacific Standard Time), or on a non-business day, will be posted the following business day.
TYPES OF ONLINE BANKING SERVICES
You, or someone you have authorized by giving them your login (even if that person exceeds your authority), can instruct us to perform the following:
- Transfer funds between qualifying accounts;
- Obtain information that we make available about qualifying accounts; and
- Obtain other services or perform other transactions that we allow.
- View account balances.
- View loan and account histories.
- View loan summary detail (current through date viewed).
- Transfer money within your accounts.
- View paid checks.
- Print copies of paid checks.
- View and print Statements.
- Export account history.
- Use the Message Center feature to receive and send secure messages to the Bank.
- Initiate loan payments.
- Initiate bill payments.
- Deposit checks through Mobile Deposit.
- Place stop payments.
- Reorder checks.
- Access Budgeting Tools (A financial management tool).
- Change your physical address.
LIMITS ON ONLINE FUNDS TRANSFERS
You must have enough available money or credit in any account from which you instruct us to make a transfer. All transfers must be in U.S. Dollars and are limited to or from countries other than the United States of America.
For security reasons, we may implement limits on the number or amount of transactions you can make using our Online Banking service. We also reserve the right to limit or suspend access to our Online Banking service as we deem necessary for security reasons.
PREAUTHORIZED RECURRING FUND TRANSFERS
To the extent we make them available, you authorize us to establish preauthorized recurring fund transfers in accordance with the requests you make for us to do so. We will only allow preauthorized recurring fund transfers that do not vary in amount.
Depending on the type of account, there may be transaction limitations. Any transactional fees applicable to your account will also apply in Online Banking.
WHEN ONLINE FUNDS TRANSFERS ARE MADE
Transfers are not final at the time we receive your instructions, but we will begin to process them promptly. You should allow at least 1 business day for us to process transfers.
Each transfer will be posted to any account with us from which it is made, and to any other account with us that is involved in the transaction, on the business day on which the transfer is made. Each transfer you make on a non-business day, or after our Online Banking cut-off time on any business day, will be considered made on the following business day. Information you obtain about your accounts using our Online Banking service may not reflect transactions that have not yet been posted to your accounts. You should keep that in mind when you perform or attempt to perform any transactions based on such information.
OUR LIABILITY FOR FAILURE TO COMPLETE TRANSFERS FROM CONSUMER ACCOUNTS
If we do not complete a transfer from a consumer account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, there are exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough available money in the account from which a transfer is to be made, or if the account has been closed or is not in good standing, frozen, or if we reverse a transfer because of insufficient funds.
- If the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts.
- If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
- If you have not given us complete, correct, or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.
- If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
- If you do not instruct us soon enough for your transfer to be received and credited.
- If the money in the account from which a transfer is to be made is subject to legal process or other claim restricting the transaction.
- If circumstances or persons beyond our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that we have taken.
STOPPING OR CHANGING TRANSFERS
If you want to stop or change transfers you have instructed us to make, you must notify us before we have started processing the transaction. This applies to both individual transactions as well as preauthorized recurring transactions. The normal way to do this is for you to access the appropriate function in our Online Banking service no later than the day before the business day the transfer is scheduled to be made, and either delete it or make the change.
You may also contact us as set forth in the Your Communications With Community Bank of Santa Maria section on the last page of this agreement or by using any electronic stop payment method which we provide for this purpose. If you call or write, you must do this in time for us to receive your request at least 3 business days before the transfer is scheduled to be made. If you order us to stop a preauthorized recurring transfer from a consumer account as described above, and we do not do so, we will be liable for your losses or damages.
By default, you will receive paper versions of your account statements. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement or in any statement information. From time to time, we may include notifications on your statement regarding changes that may affect your account. It is your responsibility to review your statements in a timely manner.
You have the option to receive electronic statements (eStatements). Enrollment for eStatements is not required and you must separately enroll in eStatements for each account. If you enroll in eStatements, you will also receive electronic versions of any notices that may be periodically provided with your account statements. For example, important annual disclosures that are normally provided with your paper statements will now be delivered to you electronically, along with your eStatements. Any account owner may enroll in eStatements for accounts in which they have an ownership interest. If an account has multiple owners, the enrolled account will no longer appear on any paper statement, but it will be available to all owners who use Online Banking. If you were receiving information for multiple accounts on your paper statement, please be aware that after eStatement enrollment, you will begin to receive a separate eStatement for each account that is registered.
When you enroll for eStatements, you agree to receive online statements in lieu of paper statements. You agree to provide a valid email address so that you will receive email notifications when your eStatements are available online. You agree that the eStatements availability email constitutes the date of delivery of such eStatement. The statute of limitations regarding claims related to any items disclosed in a particular eStatement begins on the date we notify you that an eStatement is available. Any failure to access, view, print and/or save an e-statement will not impact the statute of limitations.
Generally, the cycle time for your eStatements will be the same frequency as your paper statements. When you start receiving eStatements, you will begin to build a rolling two-year electronic document history that will be available within Online Banking.
Contact us to request a paper copy of any disclosure, notice or other document. Reverting to paper delivery, requesting copies of previously issued account statements, and requesting copies of checks or other account-specific items may incur a fee. Refer to our Products & Services brochure.
You are responsible for downloading and saving your electronic documents for your own purposes. If you close an account, you will no longer have online access to the closed account or the associated electronic documents. Your final account statement will be produced on paper and mailed to you. You can request a paper copy of any past statement by contacting us. Fees may apply, according to our Products & Services brochure.
ONLINE BANKING FEES
There is currently no fee for our Online Banking service but that may be subject to change.
The Bank reserves the right to charge you for research time involving payments no longer available in your payment history screen. You will be informed of any such charges before they are incurred.
Please refer to our Products & Services brochure for a list of our current fees. If you would like to receive a brochure or have any questions regarding our fees, please contact us at
DISCLOSURE OF INFORMATION TO OTHERS
TRANSFERS INVOLVING INSUFFICIENT FUNDS
If you instruct us to make a transfer and you do not have a sufficient balance in the account from which you are making the transfer (including available credit under any overdraft line), we may refuse to complete the transaction. We may do this even if there are sufficient funds in accounts other than the one you were using to make the transfer. If we complete a transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction in the account from which the transfer is made, you agree that we may reverse the transaction or offset the shortage with funds from any other account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any transfers you make or authorize.
If we do not make a transfer, or if we reverse a transfer, because of insufficient funds, we are not required to make any further attempt to process the transfer or to notify you that the transfer has not been completed. You may be liable for a non-sufficient funds fee under the terms governing the account from which you made, or attempted to make, the transfer.
YOUR LIABILITY FOR AUTHORIZED TRANSACTIONS
You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you have given someone your login and want to terminate that person’s authority, you must notify us that transactions by such a person are no longer authorized. We may have to change your login or take additional steps to prevent further access by such person.
NOTIFY US IMMEDIATELY FOR UNAUTHORIZED TRANSACTIONS
Tell us AT ONCE if you believe your login has been lost, stolen, or otherwise compromised or used without your authorization. Quickly telephoning us is the best way of reducing your possible losses. If you fail to notify us immediately, you could run the risk of losing the money in your account (plus your maximum overdraft line of credit).
You may contact us as set forth in the Your Communications With Community Bank of Santa Maria section on the last page of this agreement.
YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS FROM CONSUMER ACCOUNTS
This section applies only to transactions from consumer accounts.
If you tell us within two (2) business days after you learn of the loss or theft of your login involving a consumer account, you can lose no more than fifty dollars ($50) if someone used them without your permission.
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your login, and we can prove that we could have stopped someone from using them without your permission if you had given us notice, you can lose as much as five hundred dollars ($500).
Also, if your statement for a consumer account shows transfers covered by this agreement that you did not make or authorize, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you could lose all the money in your account (plus your maximum overdraft line of credit, if applicable).
IN CASE OF ERRORS OR QUESTIONS ABOUT TRANSACTIONS INVOLVING CONSUMER ACCOUNTS
This section applies only to transactions covered by this agreement and that involve consumer accounts. In case of errors or questions about electronic funds transfers, you may contact us as set forth in the Your Communications With Community Bank of Santa Maria section on the last page of this agreement. You should contact us as soon as possible, if you think your statement is wrong or if you need more information about a transfer listed on your statement.
We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You must be prepared to provide the following information:
- Tell us your name and account number (if any).
- Description of the error or transfer you are unsure about, along with an explanation as to why you believe it is an error or why you need more information.
- The dollar amount of the suspected error.
If you provide oral notice, you may be required to send in your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which 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 ten (10) business days, we may not provisionally credit your account.
The extended time periods for New Accounts apply to all electronic funds transfers that occur within the first thirty (30) days after the first deposit to the account is made, including those for foreign-initiated or point-of-sale transactions. We may take up to ninety (90) days to investigate your complaint or question.
A written explanation will be sent within three (3) business days after the investigation is complete. We will notify you if there was no error or the error was different than you described. You may ask for copies of the documents that we used in our investigation.
CHANGING TERMS AND TERMINATING THIS AGREEMENT
This agreement will stay in effect until it is changed or terminated.
We have the right to change the terms or terminate this agreement at any time. We will provide you notice of any changes or termination if applicable law requires such notice. We will notify you by: electronic mail, physical mail at the address shown in our records, posting a notice on our website and/or including a notice with your statement. Once we terminate this agreement, no further or pending transfers will be made, including but not limited to any transfers scheduled in advance or any preauthorized recurring transfers. We may routinely terminate Online Banking service for customers that have been inactive for six (6) months.
You may terminate this agreement at any time by notifying us in writing. However, any instructions from you to make transfers will continue in effect until we have received your written notice of termination and have had a reasonable opportunity to act upon it. Once we have acted upon your notice, no further or pending transfers will be made, including but not limited to any transfers scheduled in advance or any preauthorized recurring transfers.
You are not permitted to alter or amend this agreement or any related document without our express written consent. Any attempt to do so will be void and unenforceable.
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party's control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Bank.
No delay or omission by us in exercising any rights or remedies under this agreement or applicable law shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of that right or remedy or the exercise of any other right or remedy. No waiver shall be valid unless in a writing enforceable against us.
NOTICES AND COMMUNICATIONS
Except as otherwise provided in this agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through electronic means. All notices and communications sent by you to us will be effective when we have received them and have had a reasonable time to act on them.
You agree to notify us promptly of any change in your mailing address, email address, or telephone number.
LINKS TO OTHER SITES
Information that Bank publishes on the World Wide Web may contain links to other sites and third parties may establish links to Bank’s site. Bank makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, Bank does not endorse the products or services offered by any company or person linked to this site nor is Bank responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
You agree that we may tape record any telephone conversations you have with us regarding the services covered by this agreement. However, we are not obligated to do so and may choose not to in our sole discretion.
You agree to indemnify, defend and hold harmless the Bank and its officers, employee, directors, suppliers and agents, in their individual capacities or otherwise, from and against any and all claims, demands, expenses (including but not limited to reasonable attorney fees and costs), losses or damages arising out of (i) Your negligence; (ii) Your failure to comply with applicable law; or (iii) Your failure to comply with the terms of this Agreement.
DAMAGES AND WARRANTIES
In addition to the terms previously disclosed, Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by Online Banking or the use of the Online Banking services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Bank or one of its suppliers. In addition, Bank disclaims any responsibility for any electronic virus(es) Customer may encounter after installation of such software or use of Online Banking or the Online Banking services. Without limiting the foregoing, neither Bank nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality, or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Bank and its suppliers provide Online Banking and the Online Banking services from their own sites, and they make no representation or warranty that any information, material, or functions included in Online Banking, or the Online Banking services are appropriate for use by you in your jurisdiction. If you choose to use Online Banking and/or the Online Banking services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online Banking, the Online Banking services, or contained in any third-party sites linked to or from Bank’s web site. BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING, ONLINE BANKING SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. BANK DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
If any clause, or portion of a clause, in this Agreement is considered invalid under the rule of law, it shall be regarded as stricken while the remainder of this Agreement shall continue to be in full effect.
In the event of a dispute regarding the Service, you and the Bank 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 is said by a Service provider and/or Financial Institution employee or Customer Service Department and the terms of this Agreement, the terms of this Agreement shall prevail.
Bank may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
LAW THAT APPLIES
Regardless of where you live or work or where you access our Online Banking service, you submit to the jurisdiction of, and this agreement is subject to, the federal law of the United States of America and the internal law of the State of California. If any of the terms of this agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law.
The following special provisions ALSO apply to business entities or individuals utilizing the Bank’s Bill Payment feature.
You may use our bill paying service, Bill Pay, to direct us to make payments from your designated checking account to the “Payees” you choose in accordance with this agreement.
The terms and conditions of this agreement are in addition to the account agreements, disclosures, and other documents in affect from time to time governing your account.
- "Agreement" shall mean all terms and conditions defined herein.
- "Payee" shall mean the individual, business, or other entity to which you intend to send a payment through the Service and for which you accurately provide and maintain the appropriate or required information such as name, bill remittance/payment delivery address, phone number, account number and account holder name; and to whom you authorize the Financial Institution to remit payments on your behalf through the Service.
- “Payee List” shall mean your personal list of Payees that you maintain within the Service and from which list you may select to schedule Payments.
- "Pay From Account" or “Bill Pay Account” shall mean the checking or similar account for which you are an authorized signer, and from which the Financial Institution may debit to collect the funds necessary to remit the Scheduled Payment to the corresponding Payee. It is also the account that we would otherwise collect all service fees.
- “Scheduled Payment” shall mean the payment instructions you establish within the Service in order to properly direct funds from the Bill Pay Account you designate to the Payee you designate.
- “One-Time Payment” shall mean a Scheduled Payment that results in a single payment delivered to the Payee per your instructions.
- “Recurring Payment” shall mean a Scheduled Payment that results in a series of payments delivered to the Payee at regular intervals per your instructions and shall continue to do so until you cancel it or until the maximum number of payments and/or final payment date that you specified is reached.
- “Payment” shall mean the specific single instance of a One-Time Payment or a specific instance of a Recurring Payment, as the case may be.
- “Payment Amount” shall mean the monetary figure you specify in a Scheduled Payment, including the regular amount and the final amount of a Recurring Payment series, that the Service shall remit to the Payee.
- "Payment Date" or “Process Date” shall mean the Business Day on which you schedule the Payment to be debited from your Bill Pay Account, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date on which sufficient available funds must exist in the Bill Pay Account. Payments scheduled on the 29th, 30th, or 31st for processing: when that day does not exist in the month, the last calendar day of that month is used as the calculated process date.
- “Deliver By Date” shall mean the Business Day on which we anticipate the Payment to be delivered to your Payee.
- “Cut-Off Time” is 1 p.m. PST. After this time, the earliest payment date or process date available will be the next business day.
- “Pending Transactions” shall mean payments that are in a scheduled status and have not processed, therefore, they have the option to be edited or stopped.
The Bank will bear responsibility for any late payment related charges up to Fifty Dollars ($50.00) should a Payment post after the Scheduled Payment Deliver By Date, provided that the Payment was scheduled, and the Payee information was maintained in accordance with the guidelines described within this Agreement. Notwithstanding the foregoing, the Bank shall not be responsible for any such charges if we did not have responsibility or liability for a Payment transaction, late payments or late payment related charges under the other provisions of this Agreement, including, without limitation, those payments described under the Exception Payments section below.
The Bank shall use commercially reasonable efforts to process the Scheduled Payments per your instructions. The Bank shall not be liable for any Payment transaction if: (i) you do not have enough funds in your Bill Pay Account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your Bill Pay Account is closed or has been frozen, or is otherwise not authorized to debit the corresponding Payment Amount; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with the Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide complete and correct Bill Pay Account, Payment or Payee information; (viii) you did not properly follow the instructions or terms and conditions for use of the Service; (ix) you knew and/or had been advised that Service was not operating properly at the time you scheduled the Payment; (x) there is a postal delay; or (xi) circumstances beyond the Bank’s control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
With the exception of the foregoing, if the Bank incorrectly debits your Bill Pay Account and/or directs funds from your Bill Pay Account to a Payee inconsistent with the instructions you specified in the Scheduled Payment, the Bank shall, upon detecting the error or receiving notice from you, be responsible for returning the improperly transferred funds to your Bill Pay Account and/or redirecting funds to the proper Payee and/or contacting the Payee to request appropriate adjustments on your account with the Payee except as otherwise provided under the Authorization section below.
You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. The Bank is not responsible for a Payment that is not made if you did not properly follow the instructions for making a Payment. We will not be liable for any failure to make a Payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a Payment. The Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any Payee or transmission or communications facility, and no such party shall be deemed to be the Bank’s agent. In any event, we will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if we have knowledge of the possibility of them. The Bank is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond our reasonable control.
It is your sole responsibility to maintain accurate and complete contact information and Bill Pay Account information in your user profile. This includes, but is not limited to, name, address, phone numbers and email addresses, and verifying account numbers. Changes can be made within the Service or by contacting the Bank. Changes you make are typically effective immediately. The Bank shall not be responsible for any payment processing errors or fees incurred if you do not provide accurate Bill Pay Account or contact information.
BILL PAYMENT PROCESS
The Bank will authorize Payments in accordance with the Payment instructions you provide. The Service will not process Payments on weekends or Federal holidays. The Bank will debit your Bill Pay Account or issue a draft against your Bill Pay Account and deliver those funds to the designated Payee on your behalf such that the funds arrive as close to the scheduled Deliver By Date as is reasonably possible.
Numerous business and technical requirements determine if a Payee can accept Payments electronically, but in all cases, Payments can be remitted by check. We shall have sole discretion to determine the appropriate remittance method. In order to process Payments efficiently and effectively, or otherwise comply with Merchants’ remittance requirements, the Bank reserves the right to change or update Payee data or alter the method of Payment remittance. The Bank shall not be responsible for late payments, nor reimburse you for late fees, due to: a) U.S. postal delivery issues; b) electronic remittance network issues; c) your Payee’s payment processing procedures; d) instances where the financial risk associated with the Payment requires check remittance instead of electronic remittance or additional Business Days to ensure sufficient funds in the Bill Pay Account are available; or d) other circumstances beyond its control.
SETTING UP AND MAINTAINING PAYEES
To begin using the Service, you will first need to establish at least one Payee in your Payee List. You may add, modify, or delete Payees as necessary. It is your responsibility to manage your Payee List and maintain accurate Payee information, such as but not limited to, the address to which the Payee specifies Payments are to be delivered, your account number with the Payee, the name on your account with the Payee, except where the Service expressly indicates that it shall manage such Payee information, such as a Merchant’s remittance address.
Payees must reside or exist within the United States of America or its territories or commonwealths. The Bank reserves the right to refuse or remove a Payee for any reason.
SETTING UP PAYMENTS
To schedule Payments, you must choose a Payee from your Payee List. You may schedule One-Time Payments and Recurring Payments to any of your Payees. It is your responsibility to cancel, skip, reschedule or revise a Scheduled Payment in accordance with the Payee’s instructions to you, or as needed to ensure sufficient available funds in the corresponding Bill Pay Account, or under circumstances where the Payee may return the Payment to the Bank due to any reason outside our control. We reserve the right to refuse or cancel a Payment for any reason.
The earliest possible Payment Date or Deliver By Date for each Payee will be determined and presented by the Service when you schedule a Payment. The Service will not permit a Payment Date or Deliver By Date earlier than the earliest possible dates presented. The Service determines this earliest possible Payment Date or Deliver By Date based on the number of Business Days required to deliver a Payment to the Payee, which is primarily affected by whether or not the Payee has agreed to accept remittance of Payments electronically (typically one or two (1 or 2) Business Days) or requires Payments be delivered by check (typically four or five (4 or 5) Business Days). A Payee’s location or policies for posting and crediting payments may require additional Business Days. Payments scheduled after the Bank’s Cut-Off Time shall be processed no earlier than the following Business Day. The Bank may change the Cut-Off Time without prior notice.
You should carefully consider factors such as: the Payee’s date payment due, grace period, whether the Payee’s date payment due falls on a non-Business Day, when scheduling a Payment to avoid late payments and late fees. You must allow the necessary number of Business Days prior to the Payee’s date payment due for each Payment, including each Payment of a Recurring Payment series. Some businesses take longer to post payments than others. You should consider allowing additional time for the initial Payment to a Payee through the Service in order to gauge the appropriate Payment Date or Deliver By Date in each case and determine whether to allow an additional one (1) or two (2) business days to avoid incurring any late fee charged by the Merchant. It is your responsibility to schedule Payments appropriately and in accordance with the Payee’s requirements. The Bank shall not be responsible for late payments, nor reimburse you for late fees, for any Payment delivered in accordance with your instructions, or as a result of a Payee’s payment processing policies, or any other circumstance outside of the Bank’s control.
Payments to Payees, businesses or individuals, outside the United States of America or its territories or commonwealths, are prohibited.
EDITING OR CANCELING PAYMENTS
Any Payment can be modified or canceled, provided you access the Service prior to the Cut-Off Time on the Business Day the payment is going to be processed. Once a Payment is in process, it cannot be canceled through the Service. Instead, you must contact the Bank to see if you are able to request a stop payment. A Recurring Payment may be edited or canceled after the processing for the current Payment instance is complete.
You may request to stop payment after a payment has been processed by contacting the Bank. The Bank’s ability to successfully stop payment depends on how the funds were remitted to the Payee and the elapsed time since the Payment was processed. We will make commercially reasonable efforts to stop payment per your request but shall have no liability if unsuccessful. You may be charged a stop payment fee for each request.
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 Bank be liable for any claims or damages resulting from you scheduling these types of payments. The Bank shall have no obligation to research or resolve any claim resulting from any such payment. All research and resolution for any misapplied, mis-posted, or misdirected payments will be your sole responsibility.
When you schedule a Payment, you expressly authorize us to withdraw from your Bill Pay Account the Payment Amount and to remit those funds to the designated Payee on your behalf, and additionally to debit your Bill Pay Account for any applicable service-related fees. You further authorize us to credit your Bill Pay Account for any payment returned from or undeliverable to the Payee. In addition, you certify that the Bill Pay Account is an account from which you are authorized to make payments and incur debits.
You agree to have available and collected funds on deposit in the designated Bill Pay Account in amounts sufficient to process each Payment as requested by you, as well as any other payment obligations you have to the Bank. We reserve the right, without liability, to reject or reverse a Payment if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in the Bill Pay Account and the Bank has not exercised its right to reverse or reject a Payment, you agree to pay for such Payment obligations on demand. You further agree the Bank, at its option, may charge any of your accounts at the bank to cover such Payment obligations.
You authorize us to contact your Payees to request appropriate adjustments consistent with your Payment instructions and/or as pertaining to the Bank’s Service Guarantee and Responsibility, and/or to stop payment on any draft issued against your Bill Pay Account in connection with the Service in the unlikely event that the Bank remits funds incorrectly to any of your Payees, and/or to withdraw funds from your Bill Pay Account in such event if you otherwise receive the benefit of the amount of such incorrectly remitted funds.
In using the Service, you understand that Payments may be returned by or to the Bank for various reasons including but not limited to: the account or account number at the Payee is not valid, the Payee address is not valid, the Payee returns or rejects the remittance item, the account at the Payee has been paid in full or has been turned over to another company or individual. The Bank shall use commercially reasonable efforts to research and correct the returned payment or void the payment and credit your Payment Account. You may receive notification from the Service.
There is currently not a monthly fee for Bill Pay services but may be subject to change.
Please refer to our “Products & Services” brochure for a list of our current fees. If you would like to receive a brochure or have any questions regarding our fees, please contact us at 805-922-2900.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.
The following special provisions ALSO apply to business entities or individuals utilizing the Bank’s MOBILE BANKING SERVICE.
USE OF IN THE MOBILE BANKING SERVICE
After you have enrolled in online banking, you can use our mobile banking service to access financial services and products and the functions now, or in the future, made available by us, using a mobile device. Not all accounts are available through the mobile banking service, and not all features of the mobile banking service may be available. To use the mobile banking service, you must: (a) have a mobile device, which may be a mobile phone, tablet or other equipment with the mobile carrier, operating system, data plan, software and hardware supported by us now or in the future, and (b) register while logged in to your subscription to online banking. Although the mobile banking service is phone device agnostic, the process may require you to provide information about the mobile device that you will generally use for the mobile banking service, as well as the telephone number for your mobile device, the telecommunications carrier that provides service to your mobile device, and your email address. Once you register your mobile device, you can start using the mobile banking service. It is your responsibility to provide us with accurate, complete, and current information about you and your mobile device, and to notify us immediately if any of this information changes or if service to your mobile device is terminated. We reserve the right to refuse or cancel your registration for the mobile banking service if we cannot verify information about you and/or your mobile device, or if you misuse the service.
MOBILE BANKING SERVICE FORMATS
MOBILE BANKING SERVICE TRANSACTIONS
You may use the mobile banking service to initiate the following types of transactions to or from your mobile banking accounts through your mobile device (each, a “mobile banking transaction”):
- View limited transaction history: to view balances and recent transactions, as well as search for recent transactions (e.g., by date, amount, and check number) for your mobile banking accounts.
- Make one-time same-day or future-dated internal transfers between your mobile banking accounts: to make immediate or future-dated, one-time internal transfers of funds between your mobile banking accounts, as further described in and in accordance with the Online Funds Transfers sections of this agreement. For security reasons, we may limit the frequency and dollar amount of internal transfers made via the mobile banking service.
- Initiate bill payment transactions: if you are enrolled in our bill payment service, you may use the mobile banking service to pay a bill from the account that you have designated as your funding account under the terms of our bill payment service as further described in and in accordance with the bill payment service section of this agreement. Each payment that you initiate through your mobile device will be considered a “mobile bill payment transaction.” You may also use the mobile banking service to view, edit and delete pending mobile bill payment transactions and payments initiated through online banking. You must maintain your funding account in good standing with us in order to perform mobile bill payment transactions. If your funding account is closed for any reason, we will suspend or terminate your right to engage in mobile bill payment transactions. For security reasons, we may limit the frequency and dollar amount of mobile bill payment transactions from your funding account.
- Receive and/or view account and security alerts: receive certain account and security alerts via SMS text message, and/or view such alerts via mobile banking.
- Send secure messages to us regarding online banking or the mobile banking service.
- Other features: to find our ATMs and branch locations, and to “get help” for other questions and inquiries associated with online banking or the mobile banking service.
- The confirmation text message, for mobile banking transactions submitted through the mobile banking service, will be sent to the registered mobile device.
LIMITATIONS ON MOBILE BANKING TRANSACTIONS
- Depending on the type of account, there may be transaction limitations. Any transactional fees applicable to your account will also apply in Mobile Banking.
- We reserve the right to limit the frequency and dollar amount of internal transfers and/or mobile bill payment transactions initiated via your mobile device for security reasons. Those limits are the same as and will be combined with those that apply to transactions initiated via online banking.
- The mobile banking service and some mobile banking transactions may not be available on all types of mobile devices. You also understand and agree that the mobile banking service may not be accessible or may have limited utility over some mobile networks, such as while roaming.
STANDARD MESSAGING SERVICE CHARGES
Any fees and charges that may apply to the mobile banking service will be set forth in our fee schedule and are separate and apart from any other charges that may be assessed by the provider of your mobile communication services (carrier) for text messages sent to or from us. You understand that the standard data and text messaging rates charged by the carrier providing service for your mobile device apply when you use your mobile device to enroll in and use the mobile banking service.
eBanking Privacy Statement
Information Collected and Why
The App may request your permission to access information, media, or features on your mobile device, such as location, camera, and/or contacts to utilize some features you have enrolled in and enhance your user experience and app functionality. Some information is collected automatically and does not require any action on your part.
The type of information we may collect regarding your mobile device can include:
Access to storage
Allows access to files/images/media on the device for mobile remote deposit, electronic statements, Secure Message attachments, and receipt images. Attachments received through download are saved on device.
Allows access to the device’s camera for mobile remote deposit capture.
Allows access to contacts on device for Account to Account payments.
Allows the collection of images for mobile remote deposit and is used/shared for deposit processing.
Allows access to your location for maps and directions to branches and ATM locations. Your device location is shared with a third-party map provider. Geolocation data is used to prevent fraudulent debit card activity.
Allows application to receive real-time alert notifications for requested account events and one-time passcodes for login authentication.
Device settings and unique identifiers for risk and fraud evaluation as well as analytical information that may assist with diagnostics and performance.
If you do not wish to grant certain permissions, you may decline. When declining, some of the functions of the App may not be available (e.g., if you decline access to your camera, then you will not be able to deposit a check via the App). If you later change your mind, those permissions can be updated in your device's settings.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.
The following special provisions ALSO apply to business entities or individuals utilizing the Bank’s MOBILE DEPOSIT SERVICE.
The terms and conditions of this agreement are in addition to the account agreements, disclosures, and other documents in affect from time to time governing your account.
The Mobile Deposit Service (Mobile Deposit) is designed to allow you to make deposits of paper checks (Original Check, Checks or Check) to your checking, savings or money market deposit Accounts with the Bank (Deposit Accounts) from home or other remote locations by using your eligible camera-enabled mobile device to capture images of the Original Check and transmitting the digital images and associated deposit information (Images) to us or our third party processor (Processor) with your mobile device.
In order to use Mobile Deposit, you must: (a) have one or more eligible Deposit Accounts with us, (b) have an eligible mobile device, and (c) enroll in the Online Banking Service first. Only certain camera-enabled mobile devices may be used with Mobile Deposit, as specified by us from time to time. The process may require you to provide information about the mobile device that you will use for Mobile Deposit, as well as the telephone number for your mobile device, the telecommunications carrier that provides service to your mobile device, and your email address. The process requires identification of your banking relationship with us as well as verification of your mobile device. If you use a handheld mobile device other than your mobile device to access Mobile Deposit, any short message service (SMS) text messages originating from Mobile Deposit will be sent to the mobile device you entered and verified when registering for Mobile Deposit. It is your responsibility to provide us with accurate, complete, and current information about you and your mobile device (including its telephone number, the telecommunications carrier, and your email address), and to notify us immediately if any of this information changes or if service to your mobile device is terminated. We reserve the right to refuse or cancel your use of Mobile Deposit if we cannot verify information about you and/or your mobile device.
Charges for Mobile Deposit
You agree to pay for any charges we may assess for Mobile Deposit in accordance with our current fee schedule, as amended from time to time, or you may elect to terminate Mobile Deposit. We will advise you of any fee changes to the extent and as required by Applicable Law. You authorize us to automatically charge your primary checking Account for all such fees incurred in connection with Mobile Deposit. In the future, we may add to or enhance the features of Mobile Deposit. By using such added or enhanced features, you agree to pay for the associated fees in accordance with our fee schedule.
We may establish daily and/or monthly limits on the dollar amount and/or number of items or deposits from time to time. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. These limits are imposed for security purposes and may not revealed for security reasons.
You hereby agree that you will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (Reg CC). You agree that the Image of the check that is transmitted to the Bank (each such check and other item is referred to in this section as a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code. You also acknowledge and agree that Mobile Deposits that you make using this service are not “Electronic Fund Transfers” as that term is defined in Bureau of Consumer Financial Protection Regulation E.
You may only deposit items made payable to you individually or to you alternatively with another person or persons (John Doe or Jane Doe); jointly payable items (John Doe and Jane Doe) may not be deposited using mobile check deposit unless both parties have endorsed the item. We reserve the right to reject any deposit for any reason. You further agree that you will not use Mobile Deposit to deposit any Checks or other items (considered ineligible or “Prohibited Checks”) that:
- are payable to any person or entity other than the owner of the account that the item is being deposited into,
- are in violation of any law, rule, or regulation,
- you know or suspect, or should know or suspect, are altered on the front of the item, fraudulent or otherwise not authorized by the owner of the Deposit Account on which the Checks are drawn,
- have been previously endorsed by a bank and are either “Substitute Checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be Substitute Check, without the Bank’s prior written consent,
- are drawn on financial institutions that are located outside of the United States or the Territories of the United States,
- are payable jointly, unless deposited into a Deposit Account in the name of all payees,
- are remotely created checks, as defined in Reg. CC, or are remotely created payment orders,
- are not payable in United States currency,
- are dated more than six (6) months prior to the date of deposit,
- have any endorsement on the back other than that specified in this section,
- have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at any other financial institution,
- are drawn or otherwise issued by the U.S. Treasury Department, and
- are not acceptable to the Bank for deposit into a Deposit Account as provided in the account agreement.
If you deposit a Prohibited Check, you agree to indemnify and reimburse the Bank for, and hold the Bank harmless from and against, any and all losses, costs, and expenses (including reasonable attorneys’ fees) that the Bank may incur associated with any warrant, indemnity or other claim related thereto. Furthermore, if, after first having obtained the Bank’s written consent to do so, you provide the Bank with an electronic representation of a substitute c
heck for deposit into a Deposit Account instead of an Original Check, you agree to indemnify and reimburse the Bank for, and hold the Bank harmless from and against, any and all losses, costs, and expenses (including reasonable attorneys’ fees) the Bank incurs because any such Substitute Check resulting from such electronic representation does not meet applicable Substitute Check standards and/or causes duplicate payments.
You understand you must, and hereby agree, at your sole cost and expense, to use a mobile device that meets all technical requirements for the proper delivery of Mobile Deposit and that fulfills your obligation to obtain and maintain secure access to the Internet. You understand and agree you may also incur, and shall pay, any and all expenses related to the use of Mobile Deposit, including, but not limited to, telephone service or Internet service charges. You are solely responsible for the payment of any and all costs and expenses associated with meeting and maintaining all technical requirements and additional items necessary for the proper use of Mobile Deposit. You understand and agree that you are solely responsible for the operation, maintenance and updating of all equipment, software and services used in connection with Mobile Deposit and the cost thereof, and you hereby agree that you will perform, or cause to be performed, all vendor recommended maintenance, repairs, upgrades, and replacements. The Bank is not responsible for, and you hereby release the Bank from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using electronic mail or the Internet. The Bank is not responsible for, and you hereby release the Bank from, any and all claims or damages resulting from, or related to, defects in or malfunctions of your mobile device and/or any associated hardware or software, or failures of or interruptions in any electrical, telephone or Internet services. The Bank hereby advises you, and you hereby agree to scan your mobile device and/or any associated hardware or software on a regular basis using a reliable virus detection product in order to detect and remove viruses.
Each Image must provide all information on the front and back of the Original Check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the drawee bank that is preprinted on the Original Check, MICR information, signature(s), any required identification written on the front of the Original Check and any endorsements applied to the back of the Original Check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
Endorsements must be made on the back of the Check within 1 ½ inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature and the words “For Mobile Deposit Only,” or as otherwise specified by us from time to time. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
A Check payable to two payees must be endorsed by both payees. If the Check is payable to you or your joint owner, either of you can endorse it. If the Check is made payable to you and your joint owner, both of you must endorse the Check and it must be deposited into a Deposit Account owned by both of you.
RECEIPT OF DEPOSIT
All Images processed for deposit through Mobile Deposit will be treated as “deposits” under the account agreement and this Agreement. Notwithstanding the fact that we have accepted a Mobile Deposit for processing, any credit made to your Deposit Account shall be provisional, and you shall remain liable to us for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against us.
We shall have no liability to you for the rejection of a Mobile Deposit or the Images or other information contained therein or for our failure to notify you of such rejection. We are not responsible for any Image that we do not receive. Following receipt, we may process the Image by preparing a Substitute Check or clearing the item as an Image.
We reserve the right, at our sole and absolute discretion, to reject any Image for remote deposit into your Deposit Account. The status of your mobile deposit (approved or declined) is located within Online Banking and Mobile Banking Service; we reserve the right to change or enhance the deposit status notification process.
RETENTION OF ORIGINAL CHECKS
After you receive confirmation that we have received an Image, you must securely store the Original Check for at least 14 days after transmission to us and make the Original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two (2) Business Days, at your expense, the requested Original Check in your possession. If not provided in a timely manner, such amount will be debited from your Deposit Account. Promptly after such period expires, you must destroy the Original Check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an Original Check, the Image will be the sole evidence of the Original Check.
You agree that you will never deposit the Original Check or present the Original Check to us or anyone else for payment. You understand that you are responsible if anyone is asked to make a payment based on an Original Check that has already been deposited and paid.
Any credit to your Deposit Account for Checks deposited using Mobile Deposit is Provisional. As used herein, “Provisional” means that the credit is made to your Deposit Account subject to final payment of the Checks and subject to the terms of the Account Agreement. If Original Checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the Image, you agree that an Original Check will not be returned to you, but that we may charge back the amount of the Original Check and provide you with an Image of the Original Check, a paper reproduction of the Original Check or a Substitute Check. You will reimburse us for all loss, cost, damage, or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an Original Check if it has been charged back to you.
We may debit any of your Accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment, or warranty claim was made timely.
You make the following warranties and representations with respect to each Image:
- Each Image is a true and accurate rendition of the front and back of the Original Check, without any alteration, and the drawer of the Check has no defense against payment of the Check.
- The amount, payee(s), signature(s), and endorsement(s) on the Image and on the Original Check are legible, genuine, and accurate.
- You will not deposit or otherwise endorse to a third party the Original Check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Original Check or a paper or electronic representation of the Original Check such that the person will be asked to make payment based on an item that has already been paid.
- There are no other duplicate Images of the Original Check.
- The Original Check was authorized by the drawer in the amount and to the payee(s) stated on the Original Check.
- You are authorized to enforce and obtain payment of the Original Check.
- You have possession of the Original Check and no party will submit the Original Check for payment.
With respect to each Image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation, or clearinghouse rule. You agree that files and Images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
MOBILE DEPOSIT UNAVAILABILITY
Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. If Mobile Deposit is unavailable, you may deposit Original Checks at our branches or through our ATMs or by mailing the Original Check to P.O. Box 5307, Santa Maria, CA 93456. You hereby acknowledge and agree that we shall not be liable to you for any loss or damage of any nature you sustain as the result of your inability to use the Mobile Deposit.
The cut-off time applicable to Mobile Deposit is Monday through Thursday at 5:00 p.m. Pacific Standard Time (PST) and at 6:00 p.m. on Friday. Mobile Deposits confirmed as received before the cut-off times will be considered deposited on that day. Mobile Deposits confirmed as received after the cut-off times and deposits confirmed received on a Saturday, Sunday or holiday at any time will be considered deposited on the next Business Day as defined in the Account Agreement. Funds from Mobile Deposits will generally be available to you in accordance with our standard funds availability policy. Bank may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as the Bank, in its sole discretion, deems relevant.
MOBILE DEPOSIT SECURITY
You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. By using Mobile Deposit, you accept the risk that an item deposited through Mobile Deposit will be intercepted or misdirected during transmission. The Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such transmission errors. You will notify us immediately by telephone at our (805) 922-2900, if you learn of any loss or theft of Original Checks. You will ensure the safety and integrity of Original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this section.
You are solely responsible for the quality, completeness, accuracy, validity, and integrity of the Image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect, or illegible Images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect, or otherwise improper or unusable Images to us.
You agree to notify us of any suspected errors regarding items deposited through the Service right away, and in no event later than 60 days after the applicable Account statement is sent or otherwise made available. Unless you notify us within 60 days, such statement regarding all deposits made through Mobile Deposit shall be deemed correct, and you are precluded from bringing a claim against the Bank for such alleged error.
YOUR INDEMNIFICATION OBLIGATION
You understand and agree that you are required to indemnify us and hold us harmless, including our affiliates, officers, employees, and agents against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of Mobile Deposit and/or your breach of this section. You understand and agree that this paragraph shall survive the termination of this Agreement.
You also understand and agree that you are required to indemnify our technology partners or Processor, and hold harmless our Processor from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorneys’ fees and expenses, arising from such claims, to the extent such claim is related to the Bank or your use of Mobile Deposit, our Processor’s applications, unless such claim directly results from an action or omission made by our Processor in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
COOPERATION WITH INVESTIGATION
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Mobile Deposit in your possession and your records relating to such items and transmissions.
OWNERSHIP AND LICENSE
You agree that the Bank and/or its service provider(s) retain all ownership and proprietary rights in Mobile Deposit, associated content, technology, and website(s). Your use of Mobile Deposit is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, your breach of this section or the Agreement immediately terminates your right to use Mobile Deposit. Without limiting the restriction of the foregoing, you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Mobile Deposit, copy or reproduce all or any part of the technology or Mobile Deposit; or interfere, or attempt to interfere, with the technology or Mobile Deposit. We and our technology partners or Processor retain all rights, title, and interests in and to Mobile Deposit, software and developments made available to you.
DISCLAIMER OF WARRANTIES
You agree that your use of mobile deposit and all information and content (including that of third parties) is at your risk and is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind as to the use of mobile deposit, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. We make no warranty that mobile deposit will meet your requirements or will be uninterrupted, timely, secure, or error-free. We make no warranty that the results that may be obtained will be accurate or reliable or that any errors in mobile deposit or technology will be corrected.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
THE FOLLOWING SPECIAL PROVISIONS ALSO APPLY ONLY TO BUSINESS ENTITIES OR INDIVIDUALS PERFORMING TRANSACTIONS FROM BUSINESS ACCOUNTS
Business Entities and their company representatives are not automatically enrolled. Prior to enrolling a company representative, the Bank will contact a person fiscally responsible for such business entity to obtain written authorization.
If you are a corporation, partnership, limited liability company, association, or some other form of business entity, a set of logins will be issued to each company representative that you authorize. You represent to us that each company representative has general authority from your company to perform transactions using our Online Banking service. You may also manage your own company representatives. In both cases, it is your responsibility to add/remove users and update their limits/rights as needed.
You will be responsible for assigning limits and authority rights for each representative. Based on those limits and rights, they may have the ability to:
- Make transfers from qualifying accounts, regardless of whether he/she is an authorized signer or an obligor on any accounts that are accessed.
- Obtain information that we make available about qualifying accounts.
- Obtain other services or perform other transactions that we offer or allow.
- Allow anyone else to use their login to make transfers or obtain information or other services.
YOUR LIABILITY FOR TRANSACTIONS FROM BUSINESS ACCOUNTS
You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you or a company representative has given someone your login and want to terminate that person’s authority, you must notify us that transactions by such a person are no longer authorized. You can terminate granted logins yourself or you may call us for assistance with terminating an authorized user or company representative. We may have to change your login or take additional steps to prevent further access by such person.
Our system supporting our Online Banking service is designed so that it may be operated only upon entry of valid logins. Since we condition access upon entry of valid logins, we will accept instructions for transfers or other transactions from any person using valid logins. This is so even if the person obtaining access:
- Is not a company representative.
- Exceeds your authority or that granted by any company representative.
- Does not have your authority.
- Has had his/her authority changed or revoked.
- Is an imposter or thief.
You agree to be bound by all transactions from any business account for which valid logins were used. You authorize us to treat any instructions we receive using valid logins as if the instructions had been made in writing and signed by the appropriate company representative. Unless there is substantial evidence to the contrary, our records will be conclusive regarding any access to, or action taken through, our Online Banking service.
Notwithstanding the foregoing, we agree that you will not be responsible for transactions which occur after you have notified us to block the logins that were used to perform the transaction, and we have had a reasonable opportunity to do so. Thus, the sooner you notify us of a problem, the better you can keep your losses down.
You agree to promptly examine all account statements and any confirmations of transfers which we or other financial Banks may send or make available to you, and to promptly notify us of any discrepancy or error within 30 days of receipt of any such statement or confirmation. If you think your statement is wrong or if you need more information about a transfer covered by this agreement which is listed on your statement, see the Notify us IMMEDIATELY for Unauthorized Transactions section above.
LIMITATIONS ON OUR LIABILITY IN CONNECTION WITH BUSINESS ACCOUNTS
We will make every reasonable effort to provide full performance of our Online Banking system, and on a timely basis to resolve disputes that may arise. We will only be responsible for acting on instructions that we actually receive. We cannot assume responsibility for any malfunctions or capacity reductions or other problems in your equipment or in public communications networks not under our control that may affect the accuracy or timeliness of transactions you perform. Our only liability is to correct errors within our control. We are not responsible or liable to you for any loss, damage or injury caused by our Online Banking system. Neither will we be liable for any consequential, incidental, special, indirect, or punitive loss or damage, including but not limited to dishonor of checks or other items or expenses which you may incur or suffer by reason of this agreement or the services we provide, whether or not the possibility or likelihood of such loss, damage, or expense is known to us.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES WE PROVIDE YOU UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
We may provide you other services through our Online Banking platform which are not covered under this section of this agreement. These services will have a separate agreement with specific terms and conditions.
By entering into this agreement and using our Online Banking service to perform transactions from business accounts, you agree to comply with all present and future security procedures with respect to transactions and services covered by this agreement. This includes, but is not limited to, protection of logins and other personal and business information. Our security procedures are contained in this agreement and in other written procedures we may provide to you.
You acknowledge receiving a copy in writing of our current security procedures in this agreement and other documents we may provide to you. You agree that our current security procedures are commercially reasonable in the context of your business operations. We may at any time change our security procedures. We may advise you of such changes to the extent they affect your use of transactions and services under this agreement, but failure to do so will not affect your obligations or our rights. You agree to give all our security procedures the highest level of confidentiality and to ensure that no logins are used by or accessible to anyone other than persons you have authorized.
Notwithstanding any security procedure which may from time to time be in effect for detecting errors in transactions covered by this agreement, we have no duty to discover or report to you any such errors. Neither shall we be liable to you for the failure of such security procedure to detect such errors, regardless of the manner in which we apply such security procedures.
If you are a business entity or an individual performing transactions from a business account, you agree to indemnify, defend and hold harmless the Bank and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any and all claims, demands, expenses (including but not limited to reasonable attorney fees and costs), losses or damages claimed by any third parties (including but not limited to any company representative or other persons authorized to perform transactions) arising out of (i) Any transactions or attempted transactions covered by this agreement from a business account; or (ii) Your negligence; or (iii) Your failure to comply with applicable law; or (iv) Your failure to comply with the terms of this Agreement.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
You agree to all of the provisions of this agreement (to the extent applicable as provided in this agreement) by the following means:
For consumers: Using our Online Banking service to perform any transactions and completing a separate electronic consent form to receive disclosures and enter into this agreement electronically, or
For business entities: Authorizing your company representative to use our Online Banking service to perform any transactions and causing your representative to electronically consent to this agreement and a person fiscally responsible to act on your behalf to physically sign an acknowledgement as evidence that such person received a copy of this disclosure and entered into this agreement.
Your electronic consent or use of our Online Banking service has the same effect as if you had signed this agreement with your physical signature or that of your authorized company representative.
Your physical signature, electronic consent, or use of our Online Banking service is also your acknowledgement that you have received a copy of this agreement in paper form, or if you have provided a separate electronic consent, in electronic form. If you are offered or provided an electronic copy of this agreement but would like to have a paper copy, please contact us as set forth in the Your Communications With Community Bank of Santa Maria section below.
YOUR COMMUNICATIONS WITH COMMUNITY BANK OF SANTA MARIA
Unless this agreement provides otherwise, you can communicate with us in any one of the following ways:
- Telephone: You may contact us by telephone at (805) 922-2900.
- Postal Mail: You can write us at P.O. Box 5307, Santa Maria, CA 93456.
- In Person: You may visit us in person at any one of our branch locations.
- Email: You may email us at email@example.com NOTE: Your privacy is important to us. Please do not include confidential information such as your social security or account numbers or other specific identifying personal information.