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Personal Online Banking Agreement

1. Deposit CDs accounts loans and lines of credit You may access all of your eligible linked Accounts online one of these accounts must be a checking account in order to have our Bill Pay Services Use of Vendors Access and Use of Information We may use one or more providers to deliver the Services and you understand that various financial intermediaries and their servicers may be involved in processing any one of your transactions including Bill Payments and Payment Instructions These intermediaries may benefit from interest that accrues on your transactions between the time your Account is debited and the time the recipient is paid Any information you provide may be used by us or any of these other parties to complete or otherwise deal with your transaction or comply with any laws rules or regulations If there is a dispute between you and us or either of us and any other person including any merchant payee financial institution or other intended or actual recipient of any transaction you authorize us to obtain information regarding you your Account and your payment obligations or the absence of them from any party that was involved in the transaction or that might otherwise assist in the resolution of the dispute or problem This may include financial and other information Availability You will generally be able to use Services seven days a week 24 hours a day within the United States Service may not be available due to system
2. collecting or payor drawee drawer or endorser receives presentment or return of or otherwise is charged for an Item more than once in any form v The Electronic Item is a digitized image of the front and back of the Paper Item and accurately represents all of the information on the front and back of the Paper Item as of the time you converted the Paper Item to an Electronic Item vi You shall be responsible for verifying our receipt of your transmission s by verifying that deposits have been posted to the Account in addition to cooperating in any investigation and resolving any unsuccessful or lost transmission with us vii You understand and agree that a Paper Item that is not paid by a Paying Bank or is otherwise returned for any reason will be returned to you and your Account charged for the amount of the Item plus any associated fee Our right to charge your Account will apply without regard to whether the Item is timely returned to us or whether there is any other claim or defense that the Item has been improperly returned to us viii You shall comply with all laws rules and regulations applicable to the Services including without limitation Regulation CC Regulation J the Uniform Commercial Code and any rules established by an image exchange network through which Electronic Items are processed pursuant to this Agreement ix You provide to us all encoding transfer presentment and other warranties made under applicable
3. graphics and trademarks included by us our website and as part of the Services and our name and product names and the website s URL collectively by the Intellectual Property are owned by us and our licensors As such you will not gain any ownership or other right title or interest in or to such Intellectual Property by reason of this Agreement or otherwise You many not distribute use reproduce duplicate copy publish sell or otherwise transfer i any portion or element of the Services or the Intellectual Property ii use of our website Services or Intellectual Property or iii access to our website Services or Intellectual Property Further you may not a create derivative works of any portion or element of our website Services or Intellectual Property b reverse engineer modify decompile or disassemble any of the Intellectual Property c deactivate or disable any password protection or other protection security or reliability technology we incorporate in our website or the Services d modify or erase any copyright or trademark notice we place at our website e engage in the practice known as screen scraping or otherwise attempt to or actually obtain copies of content provided at the site or a list of our content or site users or use computer programs sometimes known as scraper spiders robots or bots to systematically access and download data f access the Services by any means oth
4. and Personalization Settings Our website and Services may permit you to send or receive communications such as e mail chat newsgroups and the like and to store content and personalized settings for various options We are not responsible for any delay deletion alteration mis delivery or failure to deliver or store any such communications content or settings Idea Submission If you submit any materials or other information to any public areas of our website such as bulletin boards guest books forums wish lists and chat rooms you hereby grant us a non exclusive worldwide royalty free fully paid up perpetual sub licensable assignable transferable irrevocable license under copyright and patent with the unrestricted right to use self reproduce distribute transmit create derivative works of publicly display and publicly perform any such materials and other information including without limitation ideas contained therein for new or improved products and services by all means and in any media now known or hereafter developed or commercialized In addition you represent and warrant to us that you have the right to grant to us the foregoing license Our Intellectual Property You acknowledge and agree that the software and content used by us in the operation of our website and provision of the Services and the copyright patent trademark trade secret and all other rights in and to the technology software content designs
5. electronically created checks drawn against a line of credit or cash Except as noted in the preceding sentence only checks money orders cashier s checks or traveler s checks drawn on or payable at or through a U S bank can be transmitted through the Service Additionally only Items that are made payable to and indorsed by you may be transmitted through the Service Availability of Funds Subject to our right to hold funds as otherwise provided under this Agreement and the deposit account agreements availability of credit from Items processed under this Agreement will be subject without limitation to our funds availability schedule which may be amended You recognize that under the UCC Regulation CC and the rules of any image exchange network our representations and warranties with regards to Image Exchange Items and Substitute Checks may expose us to claims for several years following processing of the Image Exchange Item or Substitute Check Funds from deposit made via the Service generally will be available for withdrawal by the first business day after the day of deposit The first 200 of your deposits will generally be available no later than the first business day after the day of deposit If funds will be delayed beyond the first business day on any part of your deposit we will mail you information about when your funds will be available Your Representations Warranties and Commitments In connection with the Services you repre
6. listed on the statement We must hear from you no later than sixty 60 days after the FIRST statement was made available to you on which the problem or error appeared You must e Tell us your name and account number if any e Describe of the error or the 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 e The dollar amount of the suspected error If you tell us orally we may require you send us the complaint or question in writing within ten 10 business days We will determine whether an error occurred within ten 10 business days after we hear from you and will correct any error promptly If more time is needed however we may take up to forty five 45 days to investigate a 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 complaint or question in writing and we do not receive it within ten 10 business days we may not credit your account For errors involving new accounts point of sale or foreign initiated transactions we may take up to 90 days to investigate your complaint or question For new accounts we may take up to 20 business days to credit your account for the amount you think is in error We will tell you the results within t
7. of funds to us and you fail to reimburse us within fifteen 15 business days of our initial notification to you a late charge equal to one and a half percent 1 5 monthly interest or the legal maximum whichever is lower for any unpaid amounts will be imposed e You may be assessed a fee by our Service Provider and by us if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account to cover the payment or if we cannot otherwise collect the funds from you the fee amount will be as set forth in your fee schedule from us or your account agreement with us You hereby authorize us to deduct these amounts from your designated Eligible transaction Account including by ACH debit e You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you and e Weare authorized to report the facts concerning the return to any credit reporting agency Payment Methods We and our providers reserve the right to select the method in which to remit funds on your behalf to your Payee These payment methods may include but may not be limited to an electronic payment an electronic to check payment or a draft payment Popmoney Service Fees and Charges As reflected on the online payment request page of Popmoney Service you are responsible for the fees and char
8. representatives Each time you use our Services or you permit any other person to use our Services you are agreeing to the terms and conditions that we have set out in this Agreement including any instructional materials regarding the Services as amended You agree not to resell or offer a Service to another or to process any transactions for others using a Service If you are a natural person you certify that you are at least 18 years or older You authorize us to obtain information about you from others including credit reporting agencies as part of our review of your enrollment application and from time to time thereafter You agree to provide us with information as we request from time to time Sufficient Funds You must have sufficient available funds on deposit in your account or available Overdraft Protection coverage linked account and or overdraft line of credit to cover the amount of any transaction that would be debited from your Account Subject to limitations set out in this Agreement you can request payments up to the amount of available funds on deposit in your account or available Overdraft Protection coverage linked account and or overdraft line of credit We may hold funds at any time after you have initiated a Service for any reason including as a means of reducing risks that there will be insufficient funds for completing the Service If we do hold funds we may treat the held funds as not available for other purposes and re
9. the contents of any Alert We will not be liable for losses or damages arising from a non delivery delayed delivery or wrong delivery of any Alert b inaccurate content in an Alert c your use or reliance on the contents of any Alert for any purposes We reserve the right to terminate any request from you for any Alert at any time The information in any Alert may be subject to certain time lags and or delays You will manage the types and timing of your Alerts and the Alerts may be stopped or suspended by you at any time You are responsible for any fees assessed by your Internet and mobile servicer provider of any kind Online Banking Access You are responsible for providing and maintaining any equipment that is necessary for the Services such as telephones terminals modems and computers You agree to use equipment that is compatible with our programs systems and equipment which we may change from time to time We assume no responsibility for the defects or incompatibility of any computers or software that you use in connection with the Services even if we have previously approved their use WE MAKE NO WARRANTY EXPRESS OR IMPLIED IN LAW OR IN FACT INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY WITH RESPECT TO THE SERVICES OR ANY COMPUTER PROGRAMS EQUIPMENT OR SOFTWARE MADE AVAILABLE TO YOU You agree to notify us promptly if any software or equipment we provide to you beco
10. you understand that Payees and or the United States Postal Service may return payments to us for various reasons such as but not limited to Payee s forwarding address expired Payee account number is not valid Payee is unable to locate account or Payee account is paid in full We will notify you of returned Payment Instructions via the system Payment Instruction Cut Off Time The current cut off time for Payment Instruction is 7 00 pm Pacific Time for all payments processing as Next Day Delivery business day and 10 00 pm Pacific Time for all payments processing as 3 Day Delivery business days Bill Pay Service If you apply and are approved for the Bill Pay Service payments may be made only from a checking account or money market checking account If you link more than one checking account to the Service you must specify which account you wish to use in making payments You may not initiate payments from a checking account that requires more than one signature for withdrawals or from a Savings or Certificate of Deposit account Bill Pay Service Definitions e Bill Pay Service means the bill payment service offered by Fremont Bank through its third party provider NA 81 09 13 12 e Bill Payment means your payment instruction submitted using the Bill Pay Service e Biller s is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills e Paym
11. Due Date Scheduled Payment Dates must be prior to any late date or grace period Payment Authorization and Payment Remittance By providing the Bill Pay Service with names and account information of Billers to whom you wish to direct payments you authorize us and our provider to follow the payment instructions that is received through the payment system When the Bill Pay Service receives a payment instruction you authorize us to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you You also authorize us to credit your Payment Account for payments returned Payment Methods The Service reserves the right to select the method in which to remit funds on your behalf to your Biller These payment methods may include but may not be limited to an electronic payment an electronic to check payment or a draft payment Funds remitted to the Biller are deducted from your Payment Account when the draft is presented to Fremont Bank for payment Payment Cancellation Requests You may cancel or edit any Scheduled Payment including recurring payments by following the directions within the application There is no charge for canceling or editing a Scheduled Payment Once the Bill Pay Service has begun processing a payment it cannot be cancelled or edited therefore a stop payment request must be submitted Bill Pay Stop Payment Requests Our ability
12. FREMONT BANK Personal Online Banking Agreement Effective Date September 2013 NOTICE TO CONSUMERS This Agreement includes disclosures applicable to consumers as provided under the Electronic Funds Transfer Act EFTA and it s implementing Regulation E Read this document carefully and retain a copy for your records Online Banking Agreement This Personal Online Banking Agreement Agreement sets forth the terms and conditions of the online banking Services the Services provided by Fremont Bank us or we This Agreement is a legal contract between you and the Bank and sets forth the terms amp conditions of your use of the Services Please read this Agreement carefully because it contains important information and guidelines for using the Services We recommend that you print this document or save it_to keep a copy for your records We may offer additional Services in the future and your enrollment and or use of any of the Services will be deemed evidence of your agreement to its terms By using any of the Services described in this Agreement you agree to the terms and conditions of the entire Agreement We may modify or cancel your Service at any time without prior notice at our discretion unless otherwise required by law This Agreement is in addition to other agreements between Fremont Bank and you including but not limited to as applicable your checking savings and other deposit account agreements as may be modifi
13. Payments Right to Stop Electronic Payment and Procedure for Doing So If you have told us in advance to make regular electronic payments out of your Account you can stop any of these payments Here s how You may follow the directions provided in the Services to stop the payment through the Services or Call us at 866 222 6304 or 510 723 5780 or write to us at Fremont Bank PO Box 5101 Fremont CA 94537 5101 in time for us to receive your request three 3 business days or more before the payment is scheduled to be made If you call we may also require you to put your request in writing and get it to us within 14 days after you call We will charge you a fee for each stop payment order you give A separate process will apply to the NA 81 09 13 21 extent you wish to initiate check stop payment requests through the Services Refer to Check Stop Payment Services above for further details Notice of Varying Amounts If these regular payments may vary in amount the person you are going to pay will tell you 10 days before each payment when it will be made and how much it will be You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set Liability for Failure to Stop Payment of Preauthorized Electronic Transfer If you order us to stop one of these electronic payments three business days or mor
14. Popmoney Service may allow you to provide limited Payee contact information such as telephone number or e mail address The Popmoney Service will then use this information to contact the Payee and obtain the additional necessary information to process your Payment Instruction s to the Payee This process is referred to as the Two Step Transfer process Payment Instructions using the Two Step Transfer process may be delayed if the Payee fails to provide timely accurate and complete information You acknowledge that we will begin to process the Payment Instruction once the Payee has provided or we otherwise obtain all required information and you hereby authorize and direct us to retain such funds until the earlier of such time as the Payee has provided or we otherwise obtain all required information or ten 10 business days Our obligation to complete the Payment Instruction shall not begin until such time as the Payee provides us with or we otherwise obtain all required information necessary to process the transactions in accordance with this Agreement Payment Authorization and Payment Remittance By providing the Popmoney Service with names and account information of Payees to whom you wish to direct payments you authorize us and our provider to follow the Payment Instructions that is received through the payment system However the Payee is not required to accept your Payment Instruction The Payee will have ten 10 business days
15. Transaction Account will be debited unless the Payment Processing Date falls on a non business day in which case the next business day will be considered to be the Payment Processing Date e Due Date is the date reflected on your Payee statement for which the payment is due It is not the late date or grace period One Time Payment You can use the Popmoney Service to make a one time Payment Instruction A one time Payment Instruction will be processed on the Payment Processing Date provided that the Payment Processing Date selected by you is a business day and you submit your one time Payment Instruction prior to the applicable cut off hour for that date If you select a Payment Processing Date that is not a business day or submit your Payment Instruction after the cut off hour for that date then the Payment Processing Date may be the next business day Recurring Payments You can use the Popmoney Service to submit recurring Payment Instructions The Popmoney Service will allow you to schedule Payment Instructions that will cause a payment to be processed from the selected Eligible Transaction Account on your selected frequency on an ongoing basis However if the future Payment Processing Date is on a non business day then the new future Payment Processing Date may be the next business day Two Step Transfer As an alternative to initiating a Payment Instruction by providing all the necessary information on the Payee in the system the
16. You agree to change all passwords with sufficient frequency so as to protect confidentiality and in any event no less frequently than every 90 days You agree to keep all Security Codes confidential you agree not to write them down Passwords should not be easy to guess for example your children s or pet s names birth dates addresses or other easily recognized identification related to you It is also recommended you do not have your browser automatically remember your password We may offer to you or require you to use additional authentication tools or methods from time to time If you choose not to implement supplemental authentication tools your access to some or all Services may be limited The term Security Codes will include any supplemental authentication tools that are used by you Contact in Event of Unauthorized Transfer If you believe any part of your Security Code including your password has been lost or stolen call 866 222 6034 or 510 723 5780 or write Fremont Bank PO Box 5101 Fremont CA 94537 5101 You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission Data Recording You agree that we may record the information you enter in the online system NA 81 09 13 17 Processing Cut off Time Communication received by us after the cut off time on a business day or on a day that is not a business d
17. acceptable to us whenever your e mail address changes You agree that information or messages made available to you via the Services will be deemed received by you when first posted on our website or made available to you You agree to access the Service from time to time in no event less than monthly to access this information or the messages Privacy and Confidentiality All information gathered from you in connection with using the Service will be governed by the provisions of our privacy policy applicable to consumer accounts only as well as our online privacy policy which you agree to review by accessing on our homepage In addition we will disclose information to third parties about your account or the transfers you e Where it is necessary for completing transfers or e In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant or e In order to comply with government agency or court orders or e If you give us your permission Security Code Credentials During your enrollment for the Services you are required to select or will be assigned certain numbers codes marks signs public keys or other means of authenticating your identity and electronic communications in your name These may include a customer number logon name access ID and password These credentials with the other components of your Security Codes will give access to your Accounts through the Service
18. and the proper functioning and configuration of hardware software and your wireless access device Neither we nor any of our service NA 81 09 13 8 providers warrants that the Service will operate without interruption without defect or viruses Neither we nor any of our service providers assumes responsibility for the operation security functionality or availability of any wireless access device or mobile network which you utilize to access the Services Your use of the Service and software will be at your own risk You agree to exercise caution when utilizing the Services on your wireless access device and use good judgment and discretion when obtaining or transmitting information Fremont Bank s Limited Liability In addition to any other limitation on our liability provided in the Agreement and except to the extent otherwise expressly prohibited by applicable law neither we nor our providers will be liable to you for any refusal of a Paying Bank to pay an Image Exchange Item or Substitute Check for any reason other than gross negligence or willful misconduct by us including without limitation that the Image Exchange Item or Substitute Check was allegedly unauthorized was a counterfeit had been altered or had a forged signature Security of Data Transmission and Storage You expressly acknowledge that any wireless access to your accounts may not be secure and as such you assume the risk associated with unauthorized access to the Ser
19. ation or warranty and assume no responsibility for content on our website and any linked site or the actions or omissions of its their owners operators or providers iii we make no endorsement of and assume no responsibility for content uploaded to our website or goods or services offered on or advertising on or by any other website iv by using other websites and services you may be exposed to content that is offensive indecent or objectionable and v although we may have a contractual or other relationship with the operators of a linked website or the providers of content we will not be responsible for the content accuracy integrity availability timeliness or operation of their website or content You agree to hold us harmless in connection with all of the foregoing We reserve the right but shall have no obligation to reject move or delete content that we in our sole discretion believe violates this Agreement or contains content including viruses that may interfere with the operation of our website We may but have no obligation to monitor and or retain copies indefinitely of uploaded content message boards chat rooms or other forums or review content or messages posted at such locations to confirm their compliance with these guidelines We shall have the right but not the obligation to disclose content to any third party if required by law or if we believe reasonably necessary to a comply with legal process b enfor
20. ay may be treated by us as if it were received on the next business day At our option however we may treat it as received the same day as the day of receipt There can be a delay between the time when you send a Communication to us and the time we receive it Our current cut off time for transfers between linked Accounts is 7 00 p m Pacific Time Popmoney Personal Payments Bill Payments and check stop payment orders may have separate cut off times identified below Documentation A monthly account statement will be sent or made available unless there are no electronic fund transactions in a particular month In any case you will get a statement at least quarterly not applicable for Certificates of Deposit accounts Customer Service If you need assistance send an e mail to our Customer Service Department at onlinebanking fremontbank com or call 866 222 6304 or 510 723 5780 from 8 00 a m to 7 00 pm Pacific Time on any business day and 9 00 am to 2 00 pm Pacific Time on Saturday or write to us at Fremont Bank PO Box 5101 Fremont CA 94537 5101 Attn Online Banking Our hours of operation are subject to change without prior notice Errors and Questions In case of errors or questions about your electronic transfers telephone us at 866 222 6034 or 510 723 5780 or write us at Fremont Bank PO Box 5101 Fremont CA 94537 5101 as soon as you can if you think your statement is wrong or if you need more information about a transfer
21. ay Service may send an e mail notification to the e mail address listed for your account It is your sole responsibility to ensure that this information is accurate In the event you do not receive notification it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills NA 81 09 13 14 The time for notification may vary from Biller to Biller You are responsible for ensuring timely payment of all bills e Cancellation of electronic bill notification we reserve the right to cancel the presentment of electronic bills at any time You may cancel electronic bill presentment at any time The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller It may take up to sixty 60 days depending on the billing cycle of each Biller The Bill Pay Service will notify your electronic Biller s as to the change in status of your account but it is your sole responsibility to make arrangements for an alternative form of bill delivery We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation e Non Delivery of electronic bill s You agree to hold us harmless should the Biller fail to deliver your statement s You are responsible for ensuring timely payment of all bills Copies of previously delivered bills must be requested from the Biller directly e Accuracy and dispute of electronic bill We are not respo
22. ber including a wireless cellular mobile telephone number and or e mail address you consent to receiving calls from us at that number and or e mails from us for our everyday business purposes including identity verification You further consent to receiving text messages from us at that number and or e mails from us for marketing purposes Assignment We may assign the rights and delegate the duties under this Agreement to a company affiliated with us or any other party You may not assign your rights or obligations under this Agreement and any effort by you to do so is unreasonable at our election Applicable Law Except as otherwise provided in this Agreement California law will govern the Services and the interpretation of this Agreement Unless otherwise provided in this Agreement your accounts and the Services will be subject to applicable clearinghouse Federal Reserve Bank and correspondent bank rules You agree that we do not have to notify you of a change in those rules except to the extent required by law Uploaded Content Linked Sites and Advertisements From our website you may be able to access uploaded content provided or operated by third parties Unless we tell you otherwise in writing we do not operate or control any such content or any of the information products or services on such linked websites You acknowledge and agree that i you access such content and linked sites at your own risk ii we make no represent
23. ce this Agreement c respond to claims that any content violates rights of third parties or d protect our rights properly or personal safety or those third parties Third Party Content We may receive process and make available to you content that we receive from you and others In this regard we are merely a passive conduit for such content although we reserve the right to block or remove any content that we believe violates this Agreement We assume no responsibility for determining the accuracy reliability timeliness ownership legality appropriateness or completeness of any information that you or others provide to us nor for any mistakes defamation slander libel omissions falsehoods NA 81 09 13 23 obscenity pornography or profanity on such sites We will not have a duty to interpret or evaluate any content transmitted to us or through our website or Services except to the limited extent if any set forth in this Agreement We will not be required by means of any security procedure or otherwise to detect errors or illegality in the transmission or content of any content we receive from you or third parties We will not have a duty to notify you about any inaccuracy unreliability ownership incompleteness or other problem that may be associated with third party content on our website even if we have reason to know of its existence Use of any content you obtain from our website is at your own risk User Communication
24. change Item means a digitized image of an Item cleared and settled directly with a Paying Bank without conversion to a Substitute Check e Item means a Paper Item that is payable on demand drawn on or payable through or at an office of a United States Financial Institution whether negotiable or not and payable or endorsed to you and includes Original Paper Items Substitute Checks and Image Exchange Items Such term does not include Non cash Items or Items payable in a medium other than United States money e Non cash Item means an Item that would otherwise be an Item except that i a passbook certificate or other document is attached ii it is accompanied by special instructions such as a request for special advice of payment or dishonor iii it consists of more than a single thickness of paper except an Item that qualifies for handling by automated check processing equipment or iv it has not been preprinted or post encoded in magnetic ink with the routing number of the Paying Bank e Original with respect to a Paper Item means the first paper Item issued with respect to a particular payment transaction e Paper Item means an Original Paper Item as defined in Regulation CC except that Paper Item does not include a Substitute Check or a remotely created check NA 81 09 13 5 e Paying Bank means the United States Financial Institution ordered in an Item to make payment to the payee s named on the Item e Substitu
25. e before the transfer is scheduled to be made and we do not do so we will be liable for your losses or damages Electronic Check Conversion You may authorize a merchant or other payee to make a one time electronic payment from your checking account using information from your check to i pay for purchases and ii pay bills Preauthorized Credits If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company you can call us at 800 359 BANK 2265 to find out whether or not the deposit has been made Disclaimer of Warranty We make no warranty of any kind express or implied including any implied warranty or merchantability or fitness for a particular purpose in connection with Services provided to you under this Agreement We do not and cannot warrant that Services will operate without errors or that any or all Services will be available and operational at all times Due to the possibility of human and mechanical errors as well as other factors the system website is not error free and all information is provided as is without warranty of any kind We make no representation and specifically disclaim any express or implied warranties to users of any third parties including but not limited to warranties as to accuracy timeliness completeness merchantability or fitness for any particular purpose No Waiver The Provider shall not be deemed to have waived any o
26. e to the Biller your e mail address service address or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller for purposes of the Biller informing you about Service and or bill information e Activation Upon activation of the E bills feature the Bill Pay Service may notify the Biller of your request to receive electronic billing information The date of presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty 60 days depending on the billing cycle of each Biller Additionally the ability to receive a paper copy of your statement s is at the sole discretion of the Biller While your electronic bill feature is being activated it is your responsibility to keep your accounts current Each electronic Biller may reserve the right to accept or deny your request to receive electronic bills e Authorization to obtain bill data Your activation of the E bills feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf For some Billers you will be asked to provide us with your user name and password for that Biller By providing us with such information you authorize us to use the information to obtain your bill data e Notification The Bill Pay Service will use its best efforts to present all of your electronic bills promptly In addition to notification within the Bill Pay Service the Bill P
27. ed from time to time If there is a conflict between the terms and conditions of this Agreement and those contained in the other agreements between you and us with respect to the Services this Agreement will control General Terms Definitions In this Agreement defined terms have the meaning given to them In addition e An account means any account you maintain with us and can include all accounts and products you have accessible to the Services e An authorized representative is a person with authority of any kind with respect to an Account N e Your available balance available funds and similar words mean the balance in your Account as determined under our funds availability policy e A consumer account shall mean an account that is established primarily for personal family or household purposes and is subject to the EFTA as a consumer account e Documentation means all documentation the user manual any other manuals all instructions including on line instructions relating to the Services which we may provide to you from time to time in connection with the Services e Regulation CC means 12 C F R Part 229 as it may be amended from time to time e Your Security Codes are the credentials such as codes and passwords that are associated with you and used by us to verify the authenticity of Communications from you Security Codes are used to access Accounts and to use the S
28. end and receive funds to and from third parties Popmoney Personal Payments and e Up online banking alerts to automatically notify you by e mail when specific types of activity occur on your deposit accounts with Fremont Bank Alerts Some Services above may not be available on certain accounts In some cases we may allow loans and lines of credit to be linked in which case you agree that the relevant loan agreement note or other document is modified to the extent necessary to allow the transfers or other Services that may be utilized Certificate of Deposit CDs accounts are VIEW only Account Balance and Transaction Information You can use the Services to obtain account balances and transaction information Please note that the information provided may not include recent transactions and may include funds that are not available for immediate withdrawal Transfers You may make transfers between your linked Accounts and lines of credit subject to the terms and conditions You may not make transfers from Certificate of Deposits or accounts that require more than one signature for withdrawals Linked Accounts Your Fremont Bank accounts are linked by means of the tax identification number s of the person s who own s the account s At our discretion there may be certain accounts that are not eligible for the Services Each user must enroll in the Service separately Check Stop Payment Service You may request a stop
29. ent Account is the checking account from which bill payments will be debited e Billing Account is the checking account from which all Bill Pay Service fees will be automatically debited e Scheduled Payment Date is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited unless the Scheduled Payment Date falls on a non business day in which case the previous business day will be considered to be the Scheduled Payment Date e Due Date is the date reflected on your Biller statement for which the payment is due It is not the late date or grace period e Scheduled Payment is a payment that has been scheduled through the Bill Pay Service but has not begun processing Payment Scheduling The earliest possible Scheduled Payment Date for each Biller typically four 4 or fewer business days from the current date will be designated within the application when you are scheduling the payment Therefore the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non business day If the actual Due Date falls on a non business day you must select a Scheduled Payment Date that is at least one 1 business day before the actual
30. er than via our website g frame our website or any Intellectual Property or h use any circumvention tools meta tags or any other hidden text utilizing our name trademark URL product name or Intellectual Property You agree to comply with the terms of any license agreement we make available to you with any software User Conduct NA 81 09 13 24 You agree not to use the Service or the content or information in any way that would a infringe any third party copyright patent trademark trade secret or other proprietary rights or rights of publicity or privacy b be fraudulent or involve the sale of counterfeit or stolen items including but not limited to use of the Service to impersonate another person or entity c violate any law statute ordinance or regulation including but not limited to those governing export control consumer protection unfair competition anti discrimination false advertising or illegal Internet gambling d be false misleading or inaccurate e create liability for us or our affiliates or service providers or cause us to lose in whole or in part the services of any of our service providers f be defamatory trade libelous unlawfully threatening or unlawfully harassing g potentially be perceived as illegal offensive or objectionable h interfere with or disrupt computer networks connected to the Service or i use the Service in such a manner as to gain unauthorized entry or access to
31. ervices The Security Codes include any supplemental or NA 81 09 13 1 alternative method used to verify the authenticity of Communications that may be offered or presented to you by us from time to time e The Service s are the on line banking interface and the banking services described in this Agreement e The word includes means including but not limited to the examples given e The word may when used in reference to us means at our option and sole discretion Action or inaction that we may take is authorized by you and allowed to us but is not required You agree that we will not be liable for any action taken or any failure to act when action or inaction is at our discretion e UCC means the California Uniform Commercial Code as amended UN t a T e The words we us our Bank and similar terms are used to refer to Fremont Bank e The words you your and similar terms are used to refer to the person entering into this Agreement and to the each person who is an owner of or has an interest in an Account together with the owner s authorized representatives Agreement Subject to our approval and to any limits we impose through our Online banking website and for the Services We may act on requests for information or requests to facilitate any Service requested on or associated with an Account from any Account owner including joint owners or their authorized
32. f its rights or remedies hereunder unless such waiver is in writing and signed by us No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions Captions The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement Notices Unless otherwise required by applicable law any notice or written communication given pursuant to this Agreement may be provided electronically You agree that we may provide notice to you by posting it on website sending you an in product message within the Service e mailing it to an e mail address that you have provided us mailing it to any postal address that you have provided us or by sending it as a text message to any mobile phone number that you have provided us including but not limited to the mobile NA 81 09 13 22 phone number that you have listed in your Service setup or customer profile All notices by any of these methods shall be deemed received by you no later than twenty four 24 hours after they are sent or posted except for notice by postal mail which shall be deemed received by you no later than three 3 business days after it is mailed By providing us with a telephone num
33. g without limitation information captured from the magnetic ink character recognition MICR line to us for review and processing in accordance with this Agreement Processing Your Electronic Item s For all Electronic Items processed by you pursuant to this Agreement either i digitized images will be converted to Substitute Checks and presented for payment to established Endpoints or ii Image Exchange Items will be presented for payment through image exchange networks We may in our sole discretion determine the manner of processing All such processing and presentment shall be done in accordance with timeframes and deadlines set forth in the Documentation and as otherwise established by us from time to time Unless otherwise agreed by you and us we will process any returned Items in accordance with applicable law and the deposit account agreements Mobile Deposit Cut off Time Our current cut off time for mobile deposits is 5 30 pm Pacific Time For determining the availability of your deposits every day is considered a business day except Saturdays Sundays and federal holidays If you make a mobile deposit before the cutoff time on a business day that we are open we will consider that day of your deposit However if you make a deposit after the cutoff time or on a day we are not open we will consider the deposit was made on the next business day we are open Exception Items Each business day on which we review and process yo
34. ges applicable to Popmoney Services You acknowledge and agree that any applicable Popmoney Service fees and charges will be charged regardless of whether the Payment Instruction is completed unless the failure to complete the Payment Instruction is solely due to our failure Payment Cancellation Requests You may cancel or edit any Payment Instruction including recurring payments by following the directions within the application There is no charge for canceling or editing a Payment Instruction Once the Popmoney Service has begun processing a payment it cannot be cancelled or edited Prohibited Payments The following types of payments are prohibited through the Popmoney Service and we have the right but not the obligation to monitor for block cancel and or reverse such payments e Payments to or from persons or entities located in prohibited territories including any territory outside of the United States e Payments that violate any law statute ordinance or regulation e Payments that violate this Agreement and e Payments related to 1 tobacco products 2 prescription drugs and devices 3 narcotics steroids controlled substances or other products that present a risk to consumer safety 4 drug paraphernalia 5 ammunition firearms or firearm parts or related accessories 6 weapons or knives regulated under applicable law 7 goods or services that encourage promote facilitate or instruct others to engage in i
35. here may not be sufficient funds in your account to cover charge back or return of such reversal Account Authorization When we receive a Bill Payment or Payment Instruction from you you authorize us to debit your Eligible Transaction Account or Payment Account for the amount of any such Bill Payment or Payment Instruction plus any related fees in effect and as disclosed in the Service at the time you initiate the Bill Payment or Payment Instruction and to remit funds on your behalf You acknowledge and agree that any applicable fees will be charged when we receive a Bill Payment or Payment Instruction from you regardless of whether the Bill Payment or Payment Instruction is ultimately completed You also authorize us to credit your Payment Account or Eligible Transaction Account for the receipt of payments including but not limited to those payments returned to us from Billers or Payees to whom you sent payment s and those payments that were cancelled and returned to you because the processing of the Bill Payment or Payment Instruction could not be completed Inconsistencies If a beneficiary of a transfer request including a Bill Payment and Popmoney Service is identified by both name and account number payment may be made by us our provider s and by any other financial institution based on the account number even if the name and the account number are not consistent or identify different parties If an intermediary bank or a benefic
36. hree business days after completing our investigation If we decide that there was no error we will send you a written explanation You may request copies of the documents that were used in the investigation NA 81 09 13 18 Consumer Liability Tell us AT ONCE if you believe part of your Security Code including your password has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check Telephoning is the best way of keeping your possible losses down You could lose all the money in your account plus your maximum overdraft line of credit as applicable If you tell us within 2 business days after you learn of the loss or theft of any part of your Security Code including your password you can lose no more than 50 00 if someone used your Security Code without your permission If you do NOT tell us within 2 business days after you learn of the loss or theft of any part of your Security Code including your password and we can prove that we could have stopped someone from using the Security Code without your permission if had you told us you could lose as much as 500 00 Also if your statement shows transfers that you did not make including those made by card code or other means tell us at once If you do not tell us within 60 days after the statement was mailed to you you may not get back any money you lost after the 60 days if we can prove that we c
37. iary s bank is identified on a transfer request by both name and identifying number we our providers and other financial institutions may rely on the identifying number even if the name and the identifying number are not consistent or identify different parties NA 81 09 13 20 Service Fees and Additional Charges We may impose new fees and charges or increase or change existing fees and charges We will provide advance notice of these changes to you if required by law Other fees may be assessed and billed separately by your internet and or telephone service provider You agree to pay all fees and charges we impose You authorize us to charge the designated Account and or any other account you hold with us to cover your fees and charges You also authorize us to charge you according to our then current fee schedule If you do not use this Service for any three month period we reserve the right to discontinue your Service without notice to you To the extent permitted by law you give us the right to set off any of your money or property which may be in our possession against any amount owed to us under this Agreement This right of set off does not extend to any Keogh IRA account or similar tax qualified retirement account Amendment to this Agreement We may amend add to or change this Agreement including changes in its fees and charges hereunder We will provide notice of amendments additions or changes if required by law Your conti
38. ing 5 are associated with the following money service business activities the sale of traveler s checks or money orders currency dealers or exchanges or check cashing or 6 provide credit repair or debt settlement services and e Tax payments and court ordered payments In addition to the above referenced prohibited payments our providers may also block and or reverse payments that involve donations or payments to an unauthorized charity or non profit organization unless they have performed appropriate due diligence on and investigation of such charity or non profit organization and have determined its legitimacy in their sole discretion In no event shall we or our providers be liable for any claims or damages resulting from your scheduling of prohibited payments We have no obligation to research or resolve any claim resulting from a prohibited payment All research and resolution for any misapplied mis posted or misdirected prohibited payments will be your sole responsibility and not ours Payee Limitation We reserve the right to refuse to pay any Payee to whom you may direct a payment The Service will notify you if we decide to refuse to pay a Payee designated by you This notification is not required if you attempt to make a prohibited payment under this Agreement This Agreement does not alter your liability or obligations that currently exist between you and your Payees Returned Payments In using the Popmoney Service
39. ining your purported signature Transfer Limitations For certain types of transactions transfers from a money market or savings account you are permitted to make no more than six transfers and withdrawals or combination of them per calendar month to another account or to a third party by means of a preauthorized or automatic transfer or telephonic including data transmission agreement order or instruction including by check draft debit card or similar order by you and payable to third parties If you exceed these limits we may impose a fee close or convert your Account limit your use of the Services or any combination of the foregoing Online Banking Service Subject to system limitations you can use the Service to NA 81 09 13 3 View current Account balances Review transactions on your Accounts View Account statements and checks that have posted to your Account Transfer funds between your linked Accounts either on a one time basis or set up reoccurring transfers Not available for Certificate of Deposit CDs accounts Reorder checks Submit check stop payment requests Print copies of paid checks Export your transaction history into Microsoft Money Quicken QuickBooks or spreadsheet format Use your_wireless_ device to access Services Mobile Banking e Make payments to companies and individuals online from your linked checking or money market checking account s Bill Pay Services e S
40. ject other transactions for example checks or other transfer instructions We may allow overdrafts overlimits or negative balances but we also may discontinue the practice at any time with or without prior notice to you If you do not have sufficient available funds on deposit in your account or available Overdraft Protection coverage linked account and or overdraft line of credit you may be charged an overdraft or other fee such as fees for returned checks or other electronic items Nothing in this Agreement or any course of dealing between us shall be construed as our commitment or obligation to lend you money Waiver of Access Restrictions Your Accounts may be subject to access restrictions when you conduct transactions in person or when you are using systems other than with a Service If access restrictions exist they do not apply to your use of the Services We may limit or deny Services to you if there are access restrictions Conversely we may process your transactions based on Communications without regard to or any need to comply with access restrictions otherwise applicable to your Accounts NA 81 09 13 2 Compliance with Laws and Rules You agree to comply with all state and federal laws rules and regulations applicable to you and to your use of the Services the Laws including the operating rules of all systems used to provide Services to you the Rules and to provide evidence reasonably satisfactory to us of the
41. law as we are deemed to make under applicable law including without limitation those applicable under the UCC Regulation CC Regulation J and the rules of any image exchange network x You will properly secure all hardware you use in connection with the Service including but not limited to securing the hardware with Security Codes to prevent unauthorized use You will maintain control over and be responsible for secure retention storage and destruction of original Paper Items for which you have created an Electronic Item After transmitting the Electronic Item to us you will retain the original Paper Items for a minimum of five 5 calendar days but no longer than fourteen 14 calendar days from the transmission date Retention Period You will retain and store the original Paper Items in a secure and locked container that is only accessible by persons needing access to such xi During the Retention Period and upon our request you agree to provide us with the original Paper Item s Once the Retention Period has expired you will securely and irretrievably destroy_original Paper Items from which you have previously created and submitted to us an Electronic Item xii You will not store or make a back up copy of the Electronic Item s and The availability timeliness and proper functioning of the Services depends on many factors including your wireless access device location wireless network availability and signal strength
42. llegal activity 8 goods or services that are sexually oriented 9 goods or services that promote hate violence racial intolerance or the financial exploitation of a crime 10 goods or services that defame abuse harass or threaten others 11 goods or services that include any language or images that are bigoted hateful racially offensive vulgar obscene NA 81 09 13 11 indecent or discourteous 12 goods or services that advertise or sell to or solicit others or 13 goods or services that infringe or violate any copyright trademark right of publicity or privacy or any other proprietary right under the laws of any jurisdiction e Payments related to gambling gaming and or any other activity with an entry fee and a prize including but not limited to casino games sports betting horse or greyhound racing lottery tickets other ventures that facilitate gambling games of skill whether or not it is legally defined as a lottery and sweepstakes e Payments relating to transactions that 1 support pyramid or ponzi schemes matrix programs other get rich quick schemes or multi level marketing programs 2 are associated with purchases of real property annuities or lottery contracts lay away systems off shore banking or transactions to finance or refinance debts funded by a credit card 3 are for the sale of items before the seller has control or possession of the item 4 constitute money laundering or terrorist financ
43. maintenance or circumstances beyond our control Services may be added cancelled or limited at any time or from time to time with or without cause or notice except as required by applicable law Business Days Our business days are Monday through Friday excluding federal holidays Electronic Mail You can send us electronic mail e mail Since we may not receive it immediately you should not rely on e mail if you need to communicate with us right away e g to report an unauthorized transaction If you need to contact us immediately you should contact us at the telephone number listed in this Agreement We will have a reasonable time to act upon any e mail request and reserve the right to reject any instruction or request received by e mail e g a request to wire funds For your protection please use this e mail only for general inquires E mail communications are not secure and should not be used to communicate confidential information To contact us regarding your account s or services call us at Calling 866 222 6304 or 510 723 5780 Or if your Agreement s with the Bank NA 81 09 13 16 require that you contact us via a different means such as a specific phone number or address please contact us in the manner specified E mail or messages sent by us to you will be deemed received by you when sent by us to you at your e mail address as shown on our records You agree to notify us using the Service or otherwise in form
44. mes defective Our sole responsibility if any in such instances will be to repair or replace the defective software or equipment NA 81 09 13 15 To use the Services you must have a sufficiently powerful computer hardware and appropriate software At this time this includes an internet browser that supports 128 bit encryption Some Services may require you to download software from our website in some cases we may place software on your computer as part of our security and or verification tools You agree to maintain the confidentiality of the Security Codes at all times and not to provide access to them to anyone that you do not authorize to access your Accounts through the Services You expressly acknowledge that any wireless access to the Services initiated by you may not be secure and in such cases you assume the risk associated with unauthorized access to the Service and any information contained therein resulting from such wireless connectivity You shall be responsible for installing and implementing any changes and upgrades to the Services as required by us and in no event later than within 5 days or sooner if required by us to ensure compliance with regulatory changes or developments or to protect the integrity and security of the Services You acknowledge that changes and upgrades may also be automatically launched by the Service Eligible accounts accessible through the Services include checking savings money market Certificate of
45. nsible for the accuracy of your electronic bill s We are only responsible for presenting the information we receive from the Biller Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly This Agreement does not alter your liability or obligations that currently exist between you and your Billers Alert Service You may have the ability to set up the account notifications feature which is a convenience feature that permits you to request automated notification of specific situations You are responsible to input accurate information to set up the account notifications Alerts do not replace standard communications you receive from us concerning your accounts Alerts may be sent via e mail or in an online message box within the Service or by text message E mail alerts will be sent to the e mail address you provide in creating the alert If you elect to receive Alerts by text messaging from us you acknowledge that such messages will be automatically sent to your wireless access device You assume all responsibility for the secure receipt of the text messages and acknowledge that these Alerts are not sent through a secure channel and may be intercepted or read by others Receipt of Alerts may be delayed or prevented by factor s affecting your Internet service provider s phone operator s and other relevant entities We neither guarantee the delivery or the accuracy of
46. nued use of the Services will constitute your consent to the amendments additions or changes Address or Banking Changes It is your sole responsibility to ensure that the contact information in your user profile is current and accurate This includes but is not limited to name address phone numbers and e mail addresses Changes can be made by contacting Online Banking Department at 866 222 6304 or 510 723 5780 All changes made are effective when we have had a reasonable opportunity to respond to your change notice Information Authorization Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information Through your enrollment in the Service you agree that we reserve the right to request a review of your credit rating at its own expense through an authorized bureau In addition you agree that we reserve the right to obtain financial information regarding your account from a Biller a Payee or your financial institution for example to resolve payment posting problems or for verification Harm to Computer Systems Data You agree that we will not be liable for viruses worms trojan horses or other similar harmful components that may enter your computer system by downloading information software or other materials from our site We will not be responsible or liable for any indirect incidental or consequential damages that may result from such harmful components Preauthorized
47. ords and Signatures Nhen any payment order or other Service generates items or transactions to be charged to your Account you agree that we may charge the affected Account without requiring your signature on an item and without prior notice to you Any transactions resulting from your instructions which we receive in your name and under your credentials shall be deemed to have been a writing and authenticated by you in writing for purposes of any law in which a writing or written signature is needed or required All records maintained by us of transactions under your credentials shall be deemed to have been signed and to constitute an original when printed from records established and maintained by us or our authorized agent in the normal course of business You agree not to contest the authorization for or validity or enforceability of our electronic records and documents or the admissibility of copies thereof under any applicable law relating to whether certain agreements files or records are to be in writing or signed by the party to be bound thereby Records and signed documents if introduced as evidence on paper in any judicial or other proceedings will be admissible to the same extent and under the same conditions as other documentary business records Upon our written request you agree to manually sign or place your signature on any paper original of any record or signed document which we provide to you conta
48. ould have stopped someone from taking said funds if you informed us in time If a good reason such as a long trip or a hospital stay kept you from telling us we will extend the time periods Liability If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you we will be liable for your losses or damages However there are some exceptions We will not be liable for example if a we process your payment in a timely manner but the payee rejects your payment or fails to process it in a timely manner b through no fault of ours your account does not contain sufficient available funds to make the transfer or payment or the transfer or payment would exceed the credit limit on any overdraft line you have with us c the money in your account is subject to an uncollected funds hold legal process or any other encumbrance or claim restricting the transfer or payment d the payee or transaction information you supply to us is incorrect incomplete or untimely e the computer or related system was not working properly and you knew about the problem when you requested the transfer or payment f circumstances beyond our control such as fire flood power outage equipment or technical failure or breakdown prevent the transaction despite reasonable precautions that we have taken g if you do not authorize a bill payment early enough for your payment to be made and properly credi
49. payment on a check issued on your Account s by completing the form presented as part of the check stop payment Service and submitting all the required information to us Check Stop Payment Check Stop Payments must be received by us in sufficient time prior to presentment of the relevant item for payment that we have a reasonable opportunity to act on the request Our current processing cut off time for Check Stop Payment orders is 8 00 pm Pacific Time For significant or material items contact us by coming to one of our branches or by telephone in addition to using the Services for Check Stop Payment There will be a fee assessed for each Check Stop Payment request whether or not we receive the request in time to place the Check Stop Payment NA 81 09 13 4 You must give us timely complete and accurate information including the check date payee EXACT amount of the check check number and reason for the stop request If any information is incomplete or inaccurate we will not be responsible for failing to stop payment on the check You may use the Check Stop Payment Service to stop payment on checks that you have written against your Accounts If you wish to cancel or amend any other Service transaction for example a Bill Pay Service transaction you should use the process applicable to that Service and you will be subject to any limitations or inability to stop applicable to that Service You may not use the Check Stop Payment Service
50. reement supplements the terms of your Deposit Account Agreement with us Please see that agreement for other terms relating to this Service for example waivers governing law and overdrafts You agree that disputes arising in connection with these Services will be subject to the arbitration provisions set forth in your account agreement This agreement and your account agreement contain all of the terms of our agreement with you with respect to the Services The terms of this Agreement will supersede any conflicting terms in your Deposit Account Agreement with respect to the Services ACH Entries Electronic transfers that are made through the Automated Clearing House ACH are subject to the rules of the ACH and you agree to be bound by the Operating Rules of the ACH including the rule making payment to the payee provisional until receipt by the payee s bank of final settlement of the credit transaction If final settlement is not received you will not be deemed to have paid the payee the amount of the electronic bill payment Furthermore you agree that any payment by us to you for any returned credit entry or credit reversal is provisional until receipt by us of final settlement for such entry If final settlement is not received we are entitled to a refund from you of the amount credited and we may charge your account for the amount credited We may refuse to permit the use of any amount credited for a credit reversal if we believe that t
51. rstand that Billers and or the United States Postal Service may return payments to us for various reasons such as but not limited to Biller s forwarding address expired Biller account number is not valid Biller is unable to locate account or Biller account is paid in full We will use our best efforts to research and correct the returned payment and return it to your Biller or void the payment and credit your Payment Account You may receive notification from us Bill Payment Cut Off Time Our current cut off time for Bill Payment instructions is 8 00 pm Pacific Time Bill Payment Delivery and Presentment This feature is for the presentment of electronic bills E bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements In addition if you elect to activate one of the Bill Pay Service s electronic bill options you also agree to the following e Information provided to the Biller The Service is unable to update or change your personal information such as but not limited to name address phone numbers and e mail addresses with the electronic Biller Any changes will need to be made by contacting the Biller directly Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites You also agree not to use someone else s information to gain unauthorized access to another person s bill The Service may at the request of the Biller provid
52. s to the Account Electronic Items processed for deposit through the Service will be deemed to have been received by us for deposit at the time the Electronic Items are actually received and accepted A deposit of Electronic Items will be deemed to have been received and accepted by us for deposit when all of the following have occurred i we have preliminarily verified that the image quality of the Electronic Items is acceptable to us in our discretion ii all Item information is complete and the deposit totals are balanced to the Item information provided for the deposit and iii we have successfully performed all further validation routines with respect to the deposit Notwithstanding the foregoing Electronic Items received by us for deposit may be rejected by us in our sole discretion Each Electronic Item deposited pursuant to this Agreement will be deemed to have been deposited at the office where the Account is maintained Dollar Limitations In addition to any restrictions already provided in this Agreement we may from time to time establish exposure limitations and assign them to you At this time the maximum aggregate amount you may deposit using the Service each business day is 1 000 00 with a maximum of 3 000 00 per thirty 30 calendar days Creating and Transmitting Electronic Items to Fremont Bank The following items may not be deposited through the Service international checks remotely created checks whether in paper form or
53. same if requested by us You agree not to use the Service for any illegal purpose including but not limited to illegal Internet gambling Without limitation you agree and acknowledge that the Services may not be used by you in violation of the laws of the United States including sanctions laws administered by the Office of Foreign Asset Controls You acknowledge and agree that the software you use to access Services may be subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations You agree and certify that neither the software nor any direct product thereof is being or will be used by you for any purpose prohibited by these Acts Additionally each Account and the Services will be subject to and governed by the following e The terms or instructions appearing on a screen when using a Service e Our Deposit Account Agreement DAA and our rules procedures and policies e Applicable provisions of the rules of the National Automated Clearing House Association NACHA for bill payments facilitated through the ACH e Applicable state and federal laws rules and regulations and e The rules of other funds transfer systems when used in connection with a Service Nothing in this Agreement relieves you of any obligation you may have under the Laws or the Rules and this Agreement is deemed modified to the extent necessary to allow or require you to comply with the same Electronic Rec
54. sent warrant and commit to each of the following i You shall maintain the Account for the receipt of deposits of Items ii You will only submit Paper Items for processing to us that meet the definition of Paper Item as provided in this Agreement and will ensure that the Paper Items scanned meet the ANSI X9 37 standards for image quality required by Regulation CC or other standards established or required by us or applicable law You will not process any third party checks Our processing of any Exception Items shall not constitute a waiver NA 81 09 13 7 by us or obligate us to process such Exception Items in the future We may discontinue processing of Exception Items at any time without cause or prior notice iii You will not attempt to scan and transmit to us any previously truncated and reconverted Substitute Check Any previously truncated and reconverted Substituted Check must be physically deposited with us Notwithstanding the foregoing we may redeposit any returned Substitute Check or Image Exchange Item consistent with the our deposit account terms and conditions iv You will a ensure that Paper Items are restrictively endorsed or otherwise processed to permit only financial institutions to acquire rights of a holder in due course in the collection process of Items b handle process maintain and destroy Original Paper Items as set forth in this Agreement and c ensure that no financial institution depositary
55. te Check means a paper reproduction of an Item that satisfies the requirements and definition of substitute check set forth in Regulation CC e United States Financial Institution means i any person located in the United States engaged in the business of banking ii a Federal Reserve Bank iii a Federal Home Loan Bank and iv to the extent it acts as a payor the U S Treasury the U S Postal Service or a State or local government Mobile Banking provides wireless access to your linked Accounts The Mobile Banking Services may include but are not limited to Access your account balance information Review Transaction history Make transfers and loan payments and Make payments using Bill Payment Services To use Mobile Banking you must be enrolled in the Services We offer Mobile Banking as an added convenience to you However Mobile Banking is not intended to replace your access to or replace the full functionality of the Service s capabilities Mobile Banking cannot replace your computer to access the Services for managing your accounts with us Mobile Deposit Feature The mobile deposit feature Mobile Deposit Service or Service enables you to use a Fremont Bank Mobile Banking application and certain hardware such as a smartphone or other mobile device approved by us to create electronic images of the front and back of certain Original Paper Items and transmit those images and other information includin
56. ted by the payee by the time it is due or h if a transfer or payment could not be completed due to the system s unavailability There may be other exceptions stated in this Agreement and other agreements with you Termination We reserve the right to terminate your use of the Services in whole or in part at any time without cause and without prior notice You may terminate this Agreement by notifying us and providing your name address and identifying the Service s you are discontinuing and the desired termination date of the Service s When Bill Payment is terminated any prescheduled and not yet processed bill payments made through Service will also be terminated Any applicable charges for the Services will be assessed Previously paid fees are non refundable You may terminate a service by one of the following methods e Calling 866 222 6304 or 510 723 5780 e E mailing us at onlinebanking fremontbank com NA 81 09 13 19 e Visiting any one of our offices We reserve the right to require 30 days advance notice from you before you may terminate any part of the Service Your Services may become inactive if you do not sign on or have any transaction scheduled through the Services during any consecutive 270 day period If your account is considered inactive you may be required to contact us to have the Services activated before you will be able to schedule any transaction through the Services Arbitration and Other Terms This ag
57. the computer systems of others No Commercial Use or Re Sale You agree that the Service is only for the personal use of the individuals authorized to access your account information with us You agree not to make any commercial use of the Service or resell lease rent or distribute access to the Service NA 81 09 13 25
58. to claim the funds from a processed Payment Instruction You agree that we will not be liable for any damages resulting from a Payee s decision or failure to accept your Payment Instruction We will to the extent permitted by law make reasonable attempts to return any unclaimed refused refunded prohibited or denied payments to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law Failed or Returned Payment Instructions In using the Service you are requesting us to attempt to make payments for you from your Eligible Transaction Account If we are unable to complete the Payment Instruction for any reason associated with your Eligible Transaction Account for example there are NA 81 09 13 10 insufficient funds in your Eligible Transaction Account or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account to cover the payment the Payment Instruction may not be completed In some instances you will receive a return notice from us In each such case you agree that e You will reimburse us immediately upon demand the amount of the Payment Instruction if we have delivered the payment to the Receiver but there are insufficient funds in or insufficient overdraft credits associated with your Eligible Transaction Account to allow us to complete the debit processing e To the extent your activity results in a reimbursement
59. to process a stop payment request will depend on the payment method and whether or not a check has cleared We may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed If you desire to stop any payment on a Bill NA 81 09 13 13 Payment that has already been processed you must contact the Online Banking Department at 866 222 6304 or 510 723 5780 to determine if it s possible Although we will make every effort to accommodate your request we will have no liability for failing to do so once the payment has been processed We may also require you to present your request in writing within fourteen 14 days Prohibited Payments Payments to Billers outside of the United States or its territories are prohibited through the Service Exception Payments Tax payments and court ordered payments may be scheduled through the Bill Pay Service however such payments are discouraged and must be scheduled at your own risk In no event shall we be liable for any claims or damages resulting from your scheduling of these types of payments Biller Limitation We reserve the right to refuse to pay any Biller to whom you may direct a payment The Service will notify you if we decide to refuse to pay a Biller designated by you This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement Returned Payments In using the Bill Pay Service you unde
60. to stop payment on any ACH EFT transaction point of sale ACH EFT transfer any cashier s check certified check or other official institution check have purchased from Bank or any check which we have guaranteed You understand that your Check Stop Payment request is conditional and will not be effective if we have not had a reasonable opportunity to respond to your request or that stopping payment may subject us to risk of loss or damages under any law or regulation including clearing house or other processor rules A Check Stop Payment request against a check is effective only against the check that is described in the Check Stop Payment request form and does not cancel or revoke any authorization for future or recurring ACH EFT transfers by you or by the same biller or originator A Check Stop Payment order is effective for one hundred eighty days 180 days from the date of request only and will expire automatically at which time you are responsible for any renewal desired by you for one hundred eighty days 180 days term Mobile Banking Service Mobile Banking Service Definitions e Endpoint means any Federal Reserve Bank financial institution local clearing house courier or other entity or location for the delivery of cash letters or other presentment of Image Exchange Items or Substitute Checks e Electronic Item means the digitized image of a Paper Item that is created by you and transmitted to us using the Service e Image Ex
61. trol In the event of any of the foregoing failure or delays you acknowledge that you may instead deposit directly with us any Original Paper Items for processing and presentment provided such Original Items have not been previously imaged and processed in connection with the Services Popmoney Personal Payments Service If you apply and are approved for the Popmoney Personal Payments Service Popmoney Service payments may be made only from a Fremont Bank checking account or money market checking account Eligible Transaction Account If you link more than one checking account to the Service you must specify which account you wish to use in making payments You may not initiate payments from a checking account that requires more than one signature for withdrawals or from a Savings or Certificate of Deposit account Popmoney Service Definitions e Popmoney Service means the payment service offered by Fremont Bank through its provider e Payment Instruction means your payment instruction submitted using the Popmoney Service NA 81 09 13 9 e Payee s is the person or entity to which you wish a Payment Instruction to be directed or is the person or entity from which you receive electronic bills e Eligible Transaction Account is the checking account from which Payment Instructions will be debited and all Popmoney Service fees will be automatically debited e Payment Processing Date is the day your Eligible
62. ur Electronic Item s we will use commercially reasonable efforts to review each Electronic Item and to reject any Electronic Item that we in our sole discretion determine to be ineligible for the Service each an Exception Item By way of example Exception Item includes without limitation an Electronic Item that a is illegible or contains MICR data that is not machine readable b was previously processed as an Electronic Item or c is drawn on banks located outside the United States and is not payable at or through a bank located within the United States We will notify you of each Exception Item through the Service or other communication channels at NA 81 09 13 6 our discretion If you wish to attempt to deposit any Exception Item to your Account you shall do so only by depositing the Original Paper Item on which the Exception Item is based at one of our branches or as otherwise agreed between us Even if we do not initially identify an Electronic Item as an Exception Item when we review and process the Electronic Item to which the Exception Item relates the Electronic Item Substitute Check or Imaged Exchange Item may nevertheless be returned to us because among other reasons the Paying Bank determines that such item or check is illegible or missing an image Our failure to identify an Exception Item shall not limit our rights or preclude or limit your obligation to Fremont Bank as outlined in this Agreement Deposit
63. vices and any information contained therein resulting from such wireless connectivity You assume all risk that any information you download or otherwise store on your wireless access device may be accessed by unauthorized third parties We are not responsible for the security and confidentiality of information when you i use wireless connections to download your account information in which case you acknowledge such connection may permit other persons to access the information being downloaded or ii allow other persons access to your wireless access device You agree that any account information that you download is done at your own risk and you are solely responsible for any damage that might occur to the electronic device to which you download any information or any loss or corruption of data that might occur as a result of the downloading or its storage on an electronic device Refusals Funds Held We may at our sole option with or without cause at any time and from time to time refuse to process any Electronic Items and will not be liable for doing so even if such action causes outstanding checks or other debits to your Account to be dishonored and returned Without limiting the foregoing we shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint interruption of transmission or communication facilities equipment failure war emergency conditions or other circumstances beyond our con

Personal Online Banking Agreement

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