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First National Bank of Northern California

http://www.fnbnorcal.com

PERSONAL ON-LINE BANKING AGREEMENT AND DISCLOSURE

Accounts

This Personal On-Line Banking Agreement and Disclosure (“Agreement”) between you and First National Bank of Northern California governs the use by you of our Personal On-Line Banking and Bill Payment services (“Services”) in connection with your account or accounts.

Introduction

By completing the application process and using the Services, you agree to all the terms and conditions of this Agreement.  Please read this Agreement carefully and keep a copy for your records.  If you have any questions or do not understand any terms of the Agreement, please ask us for more information or clarification.

Relation to Other Agreements

Your use of Personal On-Line Banking or Bill Payment service may also be affected by the agreements between us for your deposit and other types of accounts.  This agreement does not change the agreements you already have with us.  You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for any other restrictions that might impact your use of an account with the Services.  Furthermore, the accounts will be governed by the agreements, if any, for each additional service used by you after execution of this Agreement and by all State and Federal laws and regulations.  We may, from time to time, offer and introduce new internet services.  By using these services when they become available, you agree to be bound by the rules, which will be communicated to you, concerning these services.

Definitions

We, Us, Our or Bank - Refers to First National Bank of Northern California and any agent, independent contractor, designee, or assignee we may involve in the provision of the Services.

You or Your – Refers to the person(s) subscribing to or using the Services.

Bill Payment – Refers to payments you direct us to deduct from your designated checking account to the payees you choose in accordance with this Agreement.

Business Day – Any calendar day other than Saturday, Sunday, or any federal holiday.  Bill Payments are processed on all business days that both the Federal Reserve Bank and the U.S. Postal System are operating and open for business.

Business Day Cut-Off – Our Business Day Cut-Off time for transfers is 4:30 p.m. Pacific Time.  Transfers completed after 4:30 p.m. will be processed on the next Business Day.  Our Business Day Cut-off time for bill payment is 1:00 p.m. Pacific Time.

On-Line Account Access 

You may use Personal On-Line Banking to:

Bill Payment

If you choose to add Bill Payment, in addition to the online banking features listed above, you may make one-time or recurring payments online from your linked checking or money market deposit account to companies or individuals (payees) you select. There is a monthly service charge for using this feature.

Requirements for Services

To use the Services, you must have Internet access and an e-mail address.  You are solely responsible for the installation, maintenance and operation of the computer and browser software used to access the Services.  We are not responsible for any errors or failures from any computer or software malfunction.

Transfers

Transfers can be made in two ways, one-time and recurring.  One-time transfers are single transfers which occur on an infrequent or irregular basis, or which can vary in amount.  Recurring transfer are when you transfer a set amount at regular intervals, for example, from your checking to savings account each month. 

One-time transfers you submit from a deposit account prior to our Business Day Cut-off will be processed that business day.  Transfers you submit after our Business Day Cut-off time or on non-banking days will be processed the following business day.   Recurring transfers that are scheduled for a weekend or a non-business day will be processed on the next business day.  

Canceling or Changing Transfers

You may use the Online Access feature to cancel or change one-time or recurring transfers you have previously scheduled.  Scheduled transfers may be canceled or changed up to our Business Day Cut-Off time.  

Stop Payments on Checks

You may use the Online Access feature to stop payment on a check you wrote.  You may not use the Services to stop payment or revoke the authorization of an electronic fund transfer.  All stop payment orders originated through the Services are subject to applicable law and the Bank’s usual rules and fees for such orders.  You are solely responsible for the exact description of the check to be stopped and Bank will not be responsible for failing to stop payment if any information provided is incomplete or incorrect in any way.  You further understand and agree that a stop payment order will not stop payment of a check that has already been paid, cashed, or has reached a point in the final payment process where we cannot reasonably return the check in time to recover the amount thereof from its immediate transfer.

Bill Payment Service

If you choose to use the Bill Payment feature, you may make payments to others from your checking accounts with us through the Bill Payment feature.  

How to set up Payees/Payments

To set up bill payment, complete the bill payment enrollment form.  You may add a new payee by accessing the Service and entering the appropriate information but cannot make a payment until the payee is listed on your authorized list of payees.  This normally takes between 3 to 5 days.  We reserve the right to refuse the designation of a payee for any reason.  Each payee accepted by us will be assigned a payee code.  You may pay almost any payee you wish with the exception of the restrictions listed in the limitations section.  Bill Payments can be made in two ways, one-time and recurring.  One-time payments are single payments which occur on an infrequent or irregular basis, or which can vary in amount.  Recurring payments are when you pay a set amount at regular intervals, for example a payment of $40.00 each month from your checking.  When you enter a payment, you enter the date you want the payment to be processed.  YOU MUST ALLOW AT LEAST FIVE (5) BUSINESS DAYS, PRIOR TO THE DUE DATE, FOR EACH BILL PAYMENT (ONE TIME OR RECURRING) TO REACH THE PAYEE.  If you do not allow sufficient time, you assume full responsibility for late fees, finance charges, or other actions taken by the payee.  

The Bill Payment Process

We will process one-time payments on the business day (generally Monday through Friday, except holidays) you designate the bill to be processed, provided the payment request is received prior to the cut-off time set by us, which is currently 1:00 p.m. Pacific Time.  Payment requests received after the cut-off time or on a non-business day will be processed on the next business day.  We reserve the right to change the cut-off time by giving you notice of the change.  For recurring payment requests, if you designate a processing date of the 28th through the 31st of a month and this date falls in a short month, processing will be initiated on the first business calendar day of the month following that date.  Otherwise, recurring payment requests will be processed on the dates you have designated, unless such date falls on a non-business day resulting in your payment being processed on the next business day.  At our discretion, we may contact you to request your online banking credentials in connection with online transactions you initiate.

Canceling or changing Bill Payments

You may cancel or change a Bill Payment up to the Business Cut-off time on the day the payment is scheduled to be made.

Monthly Service Charge

There is no monthly service charge for accessing your accounts with the Personal On-Line Banking service.  The fee for Classic Bill Pay is $5.95 per month.  The fee for Bill Pay Plus is $6.95 per month.

Additional Fees

These charges will only be assessed if you request one or more of the items listed.  There will be no charge for any item needed to correct a Financial Institution error.

Written Correspondence to Payee: $10.00

Proof of Payment not necessitated by a dispute: $10.00

Payments returned due to customer error $ 5.00

Overdraft fee $ 5.00

NSF fee $30.00 each with no maximum.

 

These fees are in addition to any fees set forth in the fee schedule for your account.

Limitations on Transfers and Payments

BILL PAYMENTS AND TRANSFERS WILL NOT BE MADE IF THERE IS NOT ENOUGH MONEY IN YOUR ACCOUNT TO COVER THE PAYMENT OR TRANSFER.  IT IS YOUR RESPONSIBILITY TO KEEP SUFFICIENT FUNDS IN YOUR ACCOUNT TO COVER THESE TRANSACTIONS, AS WELL AS, ANY OTHER PAYMENT OBLIGATIONS YOU HAVE WITH US.  The Bill Payment feature is not available on any account that requires more than one signature to withdrawal funds.  You may only designate payees with mail addresses in the United States.  You may not use the Service to pay taxes, government agencies, collection agencies, securities companies such as Ameritrade for stock purchases, trade taxing authorities or any court directed payments.  Bill Payments can be for any amount between $0.01 and $49,999.99.  We, at our option, may charge any of your accounts with us to cover such payment obligations.  If your account is a money market or savings account, federal law restricts you to no more than six transfers (including transfers to your other accounts or third parties) per month or similar period.  No more than three may be made by check or draft payable to someone else.  No transfers are permitted from a retirement account or certificate of deposit.  Balances shown in your account may include uncollected funds or deposits accepted subject to verification by us.  The balance my also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments for charges.  

Passwords/Security

When you subscribe to Personal On-Line Banking we will provide you with a temporary Access ID and Password.  You must use this Access ID and Password when you access the system for the first time.  Change these codes immediately and keep your Access ID and Password secret. You are solely responsible for controlling the safekeeping of, and access to, your Access ID and Password.  Remember, anyone having these codes can access your account through Personal On-Line Banking and we have no responsibility to verify that your Password and Access ID is being used by an authorized person or for an authorized service.  You may wish to change your Password periodically and you may do so by selecting “Change Password” when accessing the Services.  In any event, we will require you to change your password every 90 days.

You agree that any transaction processed through with your Access ID and Password are deemed to have been authorized by you.

You agree not to give your Access ID and Password or otherwise provide access to your account or Personal On-Line Banking to any unauthorized person.  You also agree that you will be solely responsible, and the Bank will not be liable, for any transaction ordered by any person to whom you have granted access regardless of the purpose for which you granted the access or for any information about your account revealed in reliance upon your Access ID and Password.  If you want to terminate another person's authority, you must notify us and arrange to change your Access ID and Password.  If you believe that someone may attempt to use the Services without your consent or has transferred money from your account without your permission you must notify us at once by calling us at 1-800-227-4962 during normal business hours.  Failure to give us prompt notice may limit your rights to recover an unauthorized payment.

The following guidelines should assist you in ensuring that your accounts and account information remain secure: 

Monthly Statement

Any transactions and payments you instruct us to make through Personal On-Line Banking and any charges will show on your monthly account statement.  You should record these transactions and payments in your account records at the time you order them to assist you in reconciling your statement.  You may elect to have statements sent to you electronically by enrolling in our electronic statements program.  We may send you other non-statement notices to you email account from time to time even if you are not enrolled in the electronic statements program.

Alerts

We provide both Automatic and Voluntary Alerts.  Automatic Alerts are sent to you after important account activities or certain online account changes, such as a change in your email address or Password.  We automatically activate these alerts.  Although you may have the option to suppress Automatic Alerts, we recommend that you do not because of the important information they convey.

Voluntary Alerts must be activated by you and allow you to choose alert messages with various options for your accounts.  We may add new alerts from time to time, or cancel old alerts.  If we cancel a Voluntary Alert, we will notify you at least 30 days in advance. 

Both Automatic Alerts and Voluntary Alerts are subject to the following:

Electronic Funds Transfer Agreement and Disclosures

Transfers of funds and payments you request under this Agreement are electronic funds transfers subject to federal regulation and disclosure.  You will be provided with a copy of the Personal On-Line Banking Electronic Funds Transfer Agreement and Disclosure.  You should refer to these disclosures for additional information.

Termination

This Agreement shall terminate automatically if you close your account(s).  Either you or the Bank may terminate this Agreement at any time upon written notice to the other party.

Disclosure of Account Information

Your account information is subject to the Bank's Privacy Policy.  Pursuant to that policy, we will disclose information about your account or the transactions you perform to third parties only under certain specific circumstances, including the following: 

In Case of Errors or Questions About Personal On-Line Banking

In case of errors or questions about Personal On-Line Banking transactions, you may telephone us toll-free at (800) 227-4962 or write us at 1300 El Camino Real, Colma, CA  94014 or email us at ebanking@familybank.com.  Other questions concerning features and/or functions of Personal On-line Banking should be directed to (650) 488-2512 during regular business hours.

You should call us immediately if you think a Personal On-Line Banking transaction shown on your statement is incorrect.  You may also call if you need more information about a Personal On-Line Banking transaction listed on your statement.  You must notify us no later than sixty (60) calendar days after we send the first statement on which the problem or error appeared.  When you notify us, you should provide the following information: 

We will determine whether an error occurred within ten (10) business days 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) calendar days to investigate your complaint or question.  If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.  If we ask you to put your compliant or question in writing and we do not receive it within ten (10) business days, we may not credit your account.  We will tell you the results within (3) business days after completing our investigation.  If we decide that there was no error, we will send you a written explanation.  You may ask for copies of the documents that we used in our investigation.

Liability Disclosure

You agree to notify us immediately if you believe that your Access ID and Password has become known to an unauthorized person or if you believe that someone has transferred or may transfer money from your account without your permission.  You may call us toll-free at 1-800-227-4962 or visit any First National Bank of Northern California branch.  Telephoning is the best way of keeping any possible losses at a minimum.  You could lose all the money in your accounts if you do not act quickly. 

If your statement shows a transfer that you did not make, you must notify us immediately.  If you do not tell us within sixty (60) calendar days after the statement was mailed to you, you may not get back any of the money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.  If a valid reason, such as a hospital stay, kept you from notifying us, we may extend the time periods mentioned.

Liability for Failure to Complete Personal On-Line Banking Transactions

It is our responsibility to process all transfers properly initiated through the Personal On-Line Banking service in accordance with this Agreement and Disclosure.  We will use our best efforts to comply with your instructions promptly and properly.  However, we shall incur no liability if we are unable to complete any requests, payments or transfers initiated by you because:

  1. You have failed to provide the correct Password or Access ID 
  2. The Personal On-Line Banking processing center is not working properly
  3. If the payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a payee or if you attempt to pay a payee that is not on your authorized payee list
  4. If the estimate of time to allow delivery to the payee is inaccurate
  5. Due to delays in mail delivery
  6. Due to changes of payee address or account number
  7. Due to the failure of any payee to correctly apply the payment in a timely manner
  8. You default under any agreement with us, or if you terminate this Agreement
  9. Through no fault of ours, you do not have sufficient available funds in your account
  10. A legal order directs us to prohibit withdrawals from your account(s)
  11. Your account has been closed or frozen
  12. You, or anyone you allow, commits any fraud or violates any law or regulation
  13. The equipment, phone lines, or computer systems were not working properly or were temporarily unavailable
  14. You have not properly followed the instructions for operating the Service
  15. Circumstances beyond our control (such as fire or flood) prevent the transaction despite reasonable precautions that we have taken
  16. Due to any other circumstances beyond our reasonable control

We are responsible only for exercising ordinary care in making payments you authorize.  We are not liable in any way for damages you incur:  There may be other exceptions not specifically stated in this Agreement.

Commercially Reasonable Security Procedures

By using Personal On-Line Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions which are commercially reasonable.  You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above.

You acknowledge that the internet may be insecure and that we cannot control the operation of and activities on the internet.  You accept all risk of any insecurity in use of the internet, including but not limited to, the possibility that data and information may be monitored or read by others, or that others may use malware, spyware and viruses to manipulate your use of the Services on the internet.  We cannot and do not warrant that account information and data transfers using the Services will not be monitored and read by others, or that use of the Services on the internet will be secure.

THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY.  IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF USE OF THE PERSONAL ON-LINE BANKING.