Online Agreement Disclosure
Premier Valley Bank Banking On-Line Agreement and Electronic Funds Transfer Disclosure
This Agreement, which includes the Fee Schedule and Enrollment Form, is a contract which establishes the rules which cover your electronic access to your accounts at Premier Valley Bank (the "Bank" of "PVB") through PVB On-Line. By using the services contemplated by this Agreement, you accept all of the terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts as well as your other agreements with the Bank such as loans continue to apply except to the extent that they are inconsistent with the terms in this Agreement, in which case the terms of this Agreement will control.
DEFINITIONS: The following definitions apply to this Agreement:
- "Account" or "accounts" means your deposit accounts at the Bank.
- "Business days" means Monday through Friday. Holidays are not included.
- "System" means the Internet banking equipment, software applications and processes maintained by the Bank in order to provide the services contemplated by this Agreement. "System Services" means those services."
- "We," "our," "us" and "Bank" mean Premier Valley Bank.
- "You" and "your" refer to the accountholder authorized by the Bank to use the System Services and anyone else authorized by that accountholder to exercise control over the accountholder's funds through those services.
ACCESS: To use the System, you must have at least one checking account at the Bank, a computer and a communications link or other equipment necessary to access the Internet and an e-mail address. (Internet Browser Requirements: Internet Explorer 5.0 or above, or Netscape Navigator 4.74 or above.) Once we have received your signed Enrollment Form and verified your account information, we will send you, either by e-mail or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID and temporary password. The System can be used to access only the Bank accounts which you have designated for access in your Enrollment Form. You can add or delete any of your Bank accounts from this Agreement by completing a new Enrollment Form. Access to your accounts through the System will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through the System to determine that they are made on behalf of the accountholder.
SYSTEM SERVICES: You can use the System to check the balance of your Bank accounts, view Bank account histories, transfer funds between your Bank accounts, order checks, direct us to stop payment on a System payment or on a check or other item you have drawn or authorized outside the System, change your address and, if you have requested the Bill Payment Service on your Enrollment Form, pay bills from your Bank Accounts in the amounts and on the dates you direct through the System. Current Balance and activity information is available throughout the day from 6:00a.m. until 7:00p.m. (Pacific Time), and may include recent deposits that have not finally cleared the banking system and, therefore, may still be subject to reversal in the event of their dishonor.
HOURS OF ACCESS: You can use the System seven days a week, twenty-four hours a day, although some or all the System Services may not be available occasionally due to emergency or scheduled System maintenance. We agree to post notice of any extended periods of scheduled non-availability on the System website.
YOUR PASSWORD: For security purposes, you are required to change your password upon your initial login to System. You determine what password you will use and the identity of your password is not communicated to us. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters, as this will increase the level of security for your accounts. Your password should not be associated with any commonly known personal identification, such as your social security number, address, birth date, child's name, etc. On the other hand, it should be something that you can memorize, because your access to the System will be revoked upon three unsuccessful attempts to log-on, and you will then have to contact us to regain access to the System. Nevertheless, it is important that you not write your password down, as it could be used on the System by anyone who finds the password. You authorize us to act on instructions received through the System under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly.
SECURITY: You understand the importance of your role in preventing misuse of your accounts through the System and you agree to promptly examine your paper statement for each of your Bank accounts as soon as you receive it. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts through the System. Data transferred via the System is encrypted in an effort to provide transmission security and the System utilizes identification technology to verify that the sender and receiver of all System transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet, and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the System, or e-mail transmitted to and from us, will not be monitored or read by others.
FEES AND CHARGES: You agree to pay the fees and charges for your use of the System as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the Bank checking account designated as the "Primary Checking Account" on your Enrollment Form. If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of the System.
POSTING OF TRANSFERS AND LOAN PAYMENTS: Transfers and loan payments will be posted to your account on the day you have designated for the transaction, provided that to be posted on the same day as you initiate them, payments must be initiated through the System before 7:00 p.m. Pacific Time on a business day. Transfers completed after that time or on a day that is not a business day will be posted on the next business day. The System identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in both the Transfer and Bill Payer menu options of the System will not reflect transfers made by multiple users from the same account if different login ID's are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts in order to avoid overdrafts.
POSTING OF WIRE TRANSFER REQUESTS AND "ACH" TRANSACTIONS: Transfers will be posted to your account on the day you have designated for the transaction, provided that to be posted on the same day as you initiate them, payments must be initiated through the System before 2:00 p.m. Pacific Time on a business day. Transfers requested after that time or transfers that are requested on on a day that is not a business day will be posted on the next business day. The System identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in both the Transfer and Bill Payer menu options of the System will not reflect transfers made by multiple users from the same account if different login ID's are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts in order to avoid overdrafts.
OVERDRAFTS (ORDER OF PAYMENTS, TRANSFERS, AND OTHER WITHDRAWALS): If your account does not have sufficient funds to cover all transactions presented for payment or debit transfer on a given business day, currency and other disbursements that commit the us as they are performed, such as over the counter withdrawals, withdrawals in the form of cashiers checks, certain Automated Teller Machine or Point of Sale transactions and deposits that are returned from the payor institution unpaid will be given first priority. Whether all items are honored or some or all of them are dishonored, non-sufficient funds charges may be assessed pursuant to the terms of the deposit agreement for that account.
LIMITS ON AMOUNTS AND FREQUENCY OF SYSTEM TRANSACTIONS: The number of transfers from money market and savings are limited pursuant to the terms of the applicable deposit agreement. No more than six payments and transfers are permitted from such accounts per monthly statement cycle, and no more than three of these may be by check or draft payable to a third party or by use of a debit card at a Point of Sale terminal. For these purposes, "payments and transfers" include all transfers to another of your accounts (including a transaction account) at the Bank or to a third party by means of a:
- Preauthorized or automatic transfer. A "preauthorized transfer" includes any arrangement under which we pay a third party from your account based upon written or oral instruction (including an order received through an automated clearing house or any arrangement whereby we pay a third party from your account at a predetermined time or on a fixed schedule.
- Transfer made pursuant to a telephone transfer agreement.
- Transfer made pursuant to this Internet Banking Agreement.
BILL PAYMENT SERVICE THROUGH THE SYSTEM: You must designate the Bank account from which the payments are to be made; the complete name of the payee, the account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be sent, which will be the day on which the payment will be debited from your account. If the date you want the payment to be sent and debited from your account is not a business day, you're the payment will be sent and your account will be debited the next business day. By selecting the Bill Payment Service option when you enroll, you authorize us to charge against your designated account all payments initiated through the System on the basis of your log-in and password, regardless of how we effectuate the payment. You also authorize us to charge to your Primary Checking Account all bills for your use or the availability to you of the Bill Payment Service.
SCHEDULING SYSTEM PAYMENTS: Some of the bills you direct us to pay will be paid by electronically, through an automated clearing house ("ACH"), while others may be paid through the use of a paper draft drawn against the account you designate and mailed to the payee. These paper drafts are like checks you might draw, except that they are generated by the System, are issued without your signature and are paid when they are presented to the Bank through the normal check clearing process. The Bill Payer list available on the System will tell you whether a given payment will be processed through the ACH or by paper draft. Whether your payment is to be made through the ACH or by paper draft, the funds will be deducted from your account on the date you specify as the processing date. If the payee is to be paid by paper draft, you must plan to allow sufficient time for the paper draft to reach the payee - we suggest between 5 and 8 business days after the date the payment is processed. If the payee is to be paid electronically, you should allow 3 business days between the processing date and the date the payment must be received by the payee. You understand and agree that we are not responsible for the timely delivery of mail, the improper transmission of a payment by an ACH, or the handling of payments by your Payment Service payee.
STOPPING OR CANCELING A BILL PAYMENT PROCESSED OR TO BE PROCESSED THROUGH THE SYSTEM: To cancel a bill payment that you have scheduled through the System, you must cancel the payment online via the System (by following the onscreen instructions) before 7:00 p.m. Pacific Time on the date the payment is scheduled to be debited from your account. Once an electronically transmitted bill payment has been debited from your account, you CANNOT cancel or stop the payment, even if the payee has not received the payment yet. However, if the payment is to be made by paper draft, you may be able to stop payment on the draft even if it has been processed and mailed to the payee. Your stop payment order for a System bill payment made by paper draft can be implemented by contacting us by telephone before the paper draft has cleared, just as is the case with checks you issue against your account. When you call us, we will be able to tell you whether the paper draft has cleared. If it has not already cleared, we will immediately process and honor your stop-payment order. You should be aware, however, that to be effective, your stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen.
USING THE SYSTEM TO STOP PAYMENT ON A PAPER CHECK YOU HAVE WRITTEN OUTSIDE OF THE SYSTEM: You may use the System to stop payment on a paper check you have written (non-electronically). However, stop payment orders given to us in this fashion may not be processed until 9:00 a.m. on the business day following the day on which the stop payment order is transmitted to us. Therefore, it is important that you call us or personally deliver your stop payment order with regard to a check that you believe may be presented for payment before 9:00 a.m. on the following business day. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the amount and the date of the check. If you make your stop payment request online or by telephone, we may also require you to put your request in the form of a signed paper writing and get it to us within 14 days after you call or online instruction is received. You will incur stop payment charges as disclosed in the current fee schedule for the applicable account. Stop payment charges for the System bill payment paper drafts will be assessed in addition to the stop payment charges for the applicable account.
DISCLOSURE OF ACCOUNT INFORMATION AND TRANSFERS: You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to the System. You agree and hereby authorize all of these transfers of information.
PERIODIC STATEMENTS: You will not receive a separate System statement. Payments and transfers to and from your accounts using the System will appear on the respective periodic paper statements for your Bank accounts. These statements will contain information regarding each transaction made under this Agreement, including the amount and date of the transfer or payment, the number of each account involved in the transfer or payment, the payee of each payment, all fees for use of the System, beginning and ending account balances, the address and telephone number to call if you have questions or there are errors on your statement, and other information about your accounts.
CHANGE IN TERMS: We may change any term of this Agreement at any time. Such changes may include, among other things, changes to our fee schedule (including adding new fees where none existed before), changes in the System Services, addition of new terms to this Agreement or elimination of some of the provisions in this Agreement. If the change will or might result in increased fees for any System Service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we will give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or the System. Our notification of a change in terms will be sent to you by regular mail or e-mail or it will be posted on the Banks System website, provided that in the latter instance, we will notify you by e-mail of the existence of the change in terms notice, so that you will know to look for it on the website. If advance notice of the change is not required and disclosure does not jeopardize the security of the account or the System, we will notify you of the change in terms no later than by the 30th day after the change becomes effective. If you decide not to accept a change in terms applicable to the System, you must terminate your enrollment (see Your Right to Terminate) before the change becomes effective. We reserve the right to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS, INCLUDING BILL PAYMENTS: Telephone us at (559-438-2002) or write us at (8355 North Fresno Street, Suite 180, Fresno, CA 93720) as soon as you can, 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 60 days after we sent the FIRST paper statement upon which the problem or error appeared. When you contact us:
- Tell us your name and account number.
- Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
- Tell us the dollar amount of the suspected error.
- If the suspected error relates to a bill payment made via the System Bill Payment Service, tell us the account number used to pay the bill, the payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Posting Screen).
If you tell us orally by telephone or by e-mail, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 business days. We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER: If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result, however, in no case shall such damages exceed the amount of the transfer request. However, there are some exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make a transfer.
- If a legal order directs us to prohibit withdrawals from the account.
- If your account is closed, or if it has been frozen.
- If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
- If any electronic terminal, telecommunication device, or any part of the System is not working properly and you knew about the problem when you started the transfer.
- If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
- If you have not properly followed the on-screen instructions for using the System.
- If circumstance beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
- There may be other exceptions stated in our Agreement with you.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS: Contact us AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to keep your possible losses down. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as along trip or hospital stay) kept you from contacting us, we will extend the time periods. If you believe your password has been lost, stolen, or otherwise compromised, or that someone has transferred or may transfer money from your account without your permission, call (559-438-2002) or write (8355 North Fresno Street, Suite 280, Fresno, CA. 93720).
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the System Services provided to you under this Agreement. We do not and cannot warrant that the System will operate without errors, or that any or all the System Services will be available and operational at all times. Consequently, you agree that our liability in connection with your use of the System shall be limited to the circumstances and, where there is an amount limitation, the amount limitation specified above in the event that you incur a loss through your use or someone's unauthorized use of the System to affect your accounts.
YOUR RIGHT TO TERMINATE: You may cancel your System Service at any time by providing us with written notice by postal mail, e-mail, or fax. Your access to the System will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
OUR RIGHT TO LIMIT ACCESS TO THE SYSTEM OR TO TERMINATE: You agree that we can terminate or limit your access to the System Services for any of the following reasons:
- Your access to the System may be limited or suspended without prior notice if you have insufficient funds in any one of your Bank accounts to cover a transaction you have initiated. The System Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
- We can terminate your use of the System:
- Upon 3-business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.
- Upon reasonable notice, for any other reason in our sole discretion.
COMMUNICATIONS BETWEEN THE BANK AND YOU: Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
- E-mail - You can contact us by e-mail (Please note that banking transactions through the System are not made via e-mail.)
- Telephone - You can contact us by telephone.
- Facsimile - You can contact us by fax.
- Postal Mail - You can write to us.
- In Person - You may visit us in person at any one of our locations.
CONSENT TO ELECTRONIC DELIVERY OF NOTICES: You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by:
- E-mail addressed to your e-mail location as specified in your enrollment application or as you later notify us if there has been a change. To assure that you receive such notices, you agree to notify us immediately of any change in your e-mail address.
- Posting the notice on the System website, provided that we notify you by e-mail of that posting.
MISCELLANEOUS PROVISIONS: This Agreement is subject to applicable federal laws and the laws of the State of California (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Bank's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and the Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.