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First National Bank of Northern California
PERSONAL ON-LINE BANKING AGREEMENT AND DISCLOSURE
This Personal On-Line Banking Agreement and Disclosure (“Agreement”) between you and First National Bank of
Northern California (“Bank”) governs the use by you of the Bank’s Personal On-Line Banking and Bill Payment
(“Services”) services in connection with your account or accounts.
By completing the application process and using the Services, you agree to all the terms and conditions set
forth below. 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 Personal On-Line Banking
or Bill Payment service.
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.
On-Line Account Access
You may use Personal On-Line Banking to:
• Transfer funds between your deposit accounts with us on either a one-time or recurring basis.
• View current balance information for your checking, money market deposit, savings, CD, IRA, and loans.
• Review transactions for up to 60 days for your checking or money market deposit accounts and savings.
• Re-order checks, view paid checks and deposits for the period of 60 days, stop payment on checks, and change
your ID and password.
• Send us secure online mail messages and questions regarding your Personal On-Line Banking service.
• With this feature of the Services you may obtain current balance information about your accounts, view online
statements, place a stop payment on checks you have written, make transfers between your accounts with us and
if you choose, make Bill Payments to authorized payees.
If you choose to add Bill Payment, in addition to the online banking features listed above, you may also:
• 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 and the Bank is not responsible
for any errors or failures from any malfunction of the computer or the browser software.
Description of Services
• 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
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 Service to
stop payment or revoke the authorization of an Electronic Fund Transfer. All stop payment orders originated
through the Service 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 Bank 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 you
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 is 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 business day cut-off
time or at any time 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
resulting in your payment being processed on the next business day.
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.
These charges will only be assessed if you request one or more of the services listed. There will be
NOCHARGE for any item if 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 $20.00 each for the first 5 items and $30.00 each for any additional items with no maximum.
Limitations on Transfers and Payments
BILL PAYMENTS AND TRANSFERS WILL NOT BE MADE FOR YOU 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, security 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.
You further agree that 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.
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 will be 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:
* Do not leave your account information out in an open area or on your computer screen accessible by others.
* Do not send your Access ID or Password or privileged account information over any e-mail system.
* Do not leave your Computer unattended while you are connected to Personal On-Line Banking.
* Do not enter your Access ID or Password into Personal On-Line Banking when there are others nearby
who could observe you doing so.
* We recommend that you log out of Personal On-Line Banking and close your browser completely after
each session and/or clear cache and history.
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.
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
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
disclose information about your account or the transactions you perform to third parties only under
certain specific circumstances including the following:
* When it is necessary for verifying or completing a transaction; or
* To verify the existence and condition of your account for a third party, such as a credit bureau
or merchant; or
* To comply with legal process, such as a government agency or court order; or
* With your written consent
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 email@example.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:
* Your name, account number, and date of the transaction
* Description of the error or transaction you are unsure of, and a clear explanation of why you believe
it is an error or why you need more information
* The dollar amount of the suspected error
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.
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 long trip or hospital stay, kept you from notifying us, we may extend the time
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 the control of the Bank.
We are responsible only for exercising ordinary care in making payments upon your authorization. We are not
liable in any way for damages you incur: There may be other exceptions not specifically stated in this
Agreement with you.
Commercially Reasonable Security Procedures
By using Personal On-Line Banking, you acknowledge and agree that this Agreement and Disclosure 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.
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.