Effective Date: September 13, 2024
1. Online Banking Service: Fremont Bank (“Bank”) hereby offers its Client, and Client hereby accepts, the online banking service described in this Service Description (the "Online Banking Service"). The Online Banking Service is an internet-based service that enables Client to access its accounts and to facilitate certain electronic services online, as identified in and subject to this Service Description. Bank reserves the right, without prior written notice to Client, to place, from time to time, limits on Client's right to use the Online Banking Service.
Subject to Bank’s prior approval and system limitations, Client’s Online Banking Service may include the following:
Additional Online Banking Services may be added to or removed by the Bank from time to time. Some Online Banking Services may not be available without special application to and approval by Bank, may be limited to specific types of accounts, and may require Client to agree to additional terms and conditions.
2. Master Treasury Management Services Agreement; Separate Service Descriptions: This Service Description forms part of the Master Treasury Management Services Agreement (“Master Agreement”) executed by Client. In the event of conflicts between the terms of this Service Description and the terms of the Master Agreement, the terms of this Service Description shall control. To the extent Client is enrolled in the Funds Transfer Service, Positive Pay & ACH Filtering/Blocking Service, the ACH Service, the SFTP Service, or the RDC Service, Client’s use of the service will also be subject to the terms and conditions of the separate Funds Transfer Service Description, the Positive Pay & ACH Filtering/Blocking Service Description, the Automated Clearing House (ACH) Service Description, SFTP Service Description, and the Remote Deposit Capture Service Description, respectively. Defined terms in this Service Description shall have the meaning provided in the Master Agreement, unless otherwise defined in this Service Description. An “account” shall mean any deposit or loan account Client maintains with Bank and can include all accounts and products Client uses with Bank. Client’s “Account” shall mean the account(s) accessible through the Services.
3. Account Designation: Client may need to designate certain accounts for specific purposes in connection with some of the Online Banking Services. If Client links more than one checking account to certain transactional services, Client will need to specify the account from which transfers should be made. Bank is not obligated to establish access to any or all of Client’s accounts, and not all Online Banking Services are available with all accounts.
4. Administrator and User(s): If prompted by the Online Banking Service, Client will appoint an individual to act as an administrator (for the purpose of this Service Description, referred to herein as “Administrator”) with the authority to determine who will be authorized to use the Online Banking Services on Client’s behalf. The Administrator will be able to designate additional users (“Users”) and remove existing Users. The Administrator will also determine what Online Banking Services will be available to particular Users, when to change passwords, and any limitations on the use of the Services by individual Users.
Bank will not control or oversee the Administrator function. Client agrees to all action taken by the Administrator or any User designated or authorized by the Administrator, and all such persons are Client’s agents for purposes of use of Online Banking Services, each authorized to act individually or in concert. The fact that Bank is, or may be made aware of, or could have discovered, any limitation on access to the Online Banking Service does not make Bank obligated to enforce or attempt to enforce any limitation. Client understands that the Administrator and each User may utilize Online Banking Services (including inquiries, transfers, and account verification) without regard to any restrictions otherwise applicable to an Account. For example, the Administrator and each User will be able to utilize the Online Banking Services regardless of whether they are also authorized signers on the Client’s signature card. Dual control is highly recommended by Bank.
5. Communications; Security Devices: For the purpose of this Service Description, Communications shall have the meaning provided in the Master Agreement and shall include Communications to Bank in connection with the Online Banking Service. For the purpose of this Service Description, Security Devices shall have the meaning provided in the Master Agreement and shall include but not be limited to any Security Devices used to access Accounts and to use the Online Banking Services. Bank may offer to Client or require Client to use additional authentication tools or methods from time to time (for example, challenge questions and phrases for employees). If Client chooses not to implement supplemental authentication tools, Client’s access to some or all Online Banking Services may be limited. The term “Security Devices” will include any supplemental authentication tools that are made available by Bank and used by Client.
Client has the responsibility of ensuring that Client has the current security patches installed and configured, Client maintains up-to-date virus detection program(s), and that Client regularly scans for the existence of malware and spyware and takes appropriate action if found. Client expressly acknowledges that encryption of data transmissions does not guarantee privacy. Data transferred via the Service is encrypted in an effort to provide transmission security. Notwithstanding Bank’s efforts to insure that the Services are secure, Client acknowledges that the internet is inherently insecure. Bank cannot and does not warrant that all data transfers utilizing the Services will not be monitored or read by others.
6. Templates: Depending on the Service requested, Client may be assigned a free-form Service template to initiate Communications, including transfer and other requests. Client may also be granted rights and permissions to create predefined Service templates to use for repetitive or recurring Communications. If Bank authorizes Client’s use of Service template(s) with maintenance authority, the designated Administrator may create Service templates through the Service and assign such templates to other Client Users. In the event Client is not assigned free-form Service templates or Service template maintenance authority, Client’s use of the underlying Service will be subject to the Service requirements, as applicable. Access to Service templates or Service template maintenance authority does not constitute a waiver by Bank to require Client’s compliance with applicable security procedure or other Service requirements. Bank strongly recommends Client set up transaction alerts.
7. Computer Equipment and Software to Access the Online Banking Services: To use the Online Banking Services, Client must have a sufficiently powerful computer hardware and appropriate software as described in the Supporting Documents. Some Online Banking Services may require Client to download software from Bank’s website; in some cases, Bank may place software on Client’s computer as part of Bank’s security and/or user verification tools.
8. Access to Account Data: Subject to system limitations, Client can obtain balance and other Account information through the Online Banking Services. Since certain information and transactions may not be processed by Bank until after the close of Bank’s business day, some transactions may not be reflected in the online banking system (“System”) until the next banking day. Posted items may be reversed due to insufficient funds, stop payment orders, legal process, and other reasons. Certain balances also may not be subject to immediate withdrawal. Bank assumes no responsibility for any loss arising from incomplete information or for any temporary interruption in the System. If Client is unable to access the System for any reason, Client may contact Bank at (866) 222‐7215.
9. Electronic Statements: If Client elects to receive electronic statements, Bank may discontinue sending paper statements and make periodic statements available to Client in electronic form only. This includes, but is not limited to, ongoing terms currently provided on the back of Client’s paper statement, notices posted as messages on the face of the statement, and all notices or other communications that accompany mailed statements. Each electronic statement will be available for Client’s viewing, downloading, or printing for a period of 18 months from the date that it is made available to Client. Client agrees to review Client’s electronic statements in a timely manner, just as Client would paper statements, and to promptly notify Bank of any errors, unauthorized activity or other problems, as provided in Bank’s agreement with Client. Client will be deemed to receive electronic statements when they are made available to Client. Any time periods within which Client must notify Bank of any problems or errors reflected on Client’s statement(s) will begin on the date Bank makes the electronic statement available to Client, regardless of when it is actually viewed by Client. Bank reserves the right to determine from time to time which accounts are eligible for electronic statements. A valid email address may be required to be maintained by Client with Bank. If Client fails to maintain a valid email address with Bank, Client acknowledges and agrees that any electronic statement shall nevertheless be deemed to have been provided to Client if emailed to the email address Bank has on file for Client. Bank reserves the right, in its sole discretion, to discontinue providing statements in electronic form. If Client receives images of checks or receives cancelled checks with Client’s paper statements, Client understands that paper copies of these items will not be available once Client elects to receive electronic statements. Electronic images of these items will be available for a limited time, subject to system limitations, through the System. It is highly recommended that Client download and securely save statements for future reference. Bank may charge a research fee to recreate electronic statements older than six months. If Client cannot access, print, or view an electronic statement, Client agrees to contact Bank immediately at (866) 222‐7215 to make alternate arrangements. Client agrees to periodically log on and check on the delivery of new electronic statements.
10. Account Transfer Limitations: All transfers to and from an Account will be subject to the terms and conditions applicable to the Account as set forth in the deposit agreement governing the Account, including but not limited to transfer limitations. For example, federal regulations limit certain types of transactions/transfers from a money market or savings account. If Client exceeds these limits, Bank may impose a fee, close, or convert Client’s Account, limit Client’s use of the Online Banking Services, or any combination of the foregoing. In addition, there may be other transfer limits addressed in the Supporting Documents.
11. Book Transfers: Transactions posted to Client’s account as of a certain business day may not be reflected in account balances reported by the Service until the following business day. Information on Book Transfers to or from Client accounts with Bank will be reflected on Client’s periodic statements and will be available to Client online. Bank does not provide any other notice of the receipt or processing of Book Transfers.
Scheduling Fund Transfers: Client may instruct us to initiate single or recurring Book Transfers on any business day (the “Transfer Process Date”). If the Transfer Process Date for an automatic transfer falls on a weekend or holiday, the transfer may be sent the following business day. To initiate a Book Transfer, Client must specify the account to be debited, the account to be credited, the transfer amount, and the Transfer Process Date.
Changing or Cancelling Transfer Instructions: For same-day Book Transfer requests, once submitted, the transfers cannot be cancelled through online banking. For future dated Book Transfers, the transfers can be cancelled through online banking up to 8 p.m. one business day prior to the Transfer Process Date.
12. Loan Payments:
Loan Payment: Client can use the Loan Payment feature to make non-recurring “on-us” loan Account payments (“Loan Payment(s)”). The Loan Payment will be processed on the Loan Payment processing date (“Loan Payment Processing Date”), provided that the Loan Payment Processing Date selected by Client is a business day and Client submits the one-time Loan Payment instruction prior to the Loan Payment cutoff hour for that date. If Client selects a Loan Payment Processing Date that is not a business day or submits Loan Payment instruction after the Loan Payment cutoff hour for that date, then the Loan Payment Processing Date may be the next business day.
Client may designate the Loan Payment as a regular installment or an interest/principal-only payment. If funds transferred will be applied as a reduction in principal only, funds will be applied as unscheduled reductions of principal and as such will not satisfy the installment obligations under the payment schedule for the loan Account or pay accrued interest. If funds transferred will be applied as a regular installment payment, Client is responsible for ensuring that Client initiates an Loan Payment instruction in time for the payment to be received by Bank before Client due date. Bank is not responsible for any damages, costs, or fees Client may suffer if Client does not allow sufficient time between the Processing Date and the due date.
Client agrees 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 pursuant to this Agreement. Bank may process transactions involving loan Accounts without regard to access limitations in any loan documentation or agreements.
Loan Payment Changes and Cancellation: Client may change or cancel a Loan Payment instruction via the Service as long as Client submits the change or cancellation request by the applicable cutoff hour, prior to the Loan Payment Processing Date for the Loan Payment instruction and Client follows the Loan Payment instructions provided by the Loan Payment feature for changes and cancellations.
Provisional Credit: Client agrees that any credit by Bank to Client for any Loan Payment is provisional until Bank has received final settlement for such Loan Payment. Bank may delay availability of provisional credit at Bank’s discretion. If final settlement is not received, Bank is entitled to and Client agrees to pay a refund of the amount credited; Bank may charge your account for the amount due.
13. Revolving Line of Credit Advances: Any draw, advance, or disbursement (each, an “Advance”) from a Revolving Line of Credit to deposit accounts are subject to approval. The Bank may allow any particular Advance to be obtained or not obtained in the Bank’s sole discretion without notice to you. There is no guarantee that the Bank will allow such Advances to be processed through the Bank’s website or other online or mobile systems (collectively, the “Online System”).
Any Advance made under a Revolving Line of Credit from the Bank constitutes indebtedness outstanding under that Revolving Line of Credit. Such indebtedness must be repaid in full if the Bank made such Advance in good faith reliance on instructions or requests made by an actual or apparent authorized agent using the Bank’s Online System, even if the Advance was requested fraudulently, without your knowledge, inconsistently with our instruction, or it was made by an unauthorized person.
Initiate advances from eligible loans to your accounts if the eligible loan allows for such advances and there is availability on such loan. We strongly recommend that you impose a dual control environment in connection with transfers from a Revolving Line of Credit. You acknowledge the heightened risks you assume by allowing any person to request an Advance using the Online System. You acknowledge that the authorized agents named in any agreement you have with us may differ from the authorized agents you name to create Advances through the Online System. You agree that the Bank may rely on the information stated in any agreement relating to the Revolving Line of Credit in evaluating whether a person is your authorized agent. You agree to keep the Bank up to date and provide accurate information on your authorized agent(s).
Although you may instruct our online system to make transfers between your accounts at any time on any day, transfers occurring after our Service cutoff hour or on non-banking days may not be posted until the next business day. You agree that you will ensure that all Advances will be properly requested to be disbursed to a demand deposit account at Fremont Bank owned by the borrower under the relevant Revolving Line of Credit. You are responsible for monitoring such Advances, and you must notify us immediately upon discovery of any unauthorized Advance. Further, you must fully cooperate with us at your cost if we choose to investigate any Advance alleged or believed by any person to be unauthorized or improper.
The terms stated herein are subject to both the Revolving Line of Credit agreement and your Deposit Account Agreement, both of which may contain important information incorporated herein regarding the Bank’s ability to hold funds, and to take a security interest in any account, among other terms.
14. Bill Payment Service: The Bill Payment Service is subject to additional, separate terms and conditions made available within the Bill Payment Service.
15. Check Stop Payment Service: Client may stop payment on a check by providing Bank with timely, complete, and accurate information on: the number of the Account in question; the date of the item; the item number; the payee information and the EXACT amount of the item (dollars and cents). If any information is incomplete or incorrect, Bank will not be responsible for failing to stop payment on the item. Requests become effective when Bank has had a reasonable opportunity to confirm their receipt and have verified that the item has not been paid. Client may use the Online Banking Services to stop payment on checks that Client has written against Client’s Accounts. To confirm whether a stop payment has been placed on a check, Client agrees to communicate with Bank by telephone. System messages regarding Bank’s receipt of Client’s stop payment order, or other system communications, may not be relied on by Client to confirm whether a stop payment order has been placed.
Client may not use this check stop payment service to stop payment on any electronic fund transfer (EFT) transaction; point-of-sale EFT transfer; any cashier’s check, certified check, or other official institution check that Client has purchased from Bank; or any check which Bank has guaranteed. Client understands that its stop payment request is conditional and subject to Bank’s verification that the check has not already been paid, or any Online Banking Service has not already been performed, or that stopping payment may subject Bank to risk of loss or damages under any law or regulation (including clearing house or other processor rules).
All Stop Payment orders, renewals, and revocations of stop orders will be subject to Bank’s current policy on stop payment orders. From time to time, the System may be inoperable. If that occurs, Client’s request can be communicated to Bank by telephone. Telephone requests will expire unless confirmed in writing within 14 days. A check stop payment order is effective for six (6) months only and will expire automatically, at which time Client is responsible for any renewal desired by Client for another six (6) month term. There will be a fee assessed for each stop payment request processed.
16. Mobile Banking Service: Some Online Banking Services may not be accessible while using Client’s wireless access device (“Wireless Access Device”). Additional Mobile Banking Services may be added to or removed by Bank from time to time. Some Mobile Banking Services may not be available without special application to and approval by Bank, may be limited to specific types of accounts, and may require Client to agree to additional terms and conditions which may be presented online at the time the feature is activated.
Mobile Deposit: Client’s use of the Mobile Deposit feature within the Mobile Banking Service will also be subject to the terms of the separate Remote Deposit Capture Service Description.
Access and Use of Mobile Banking Service: Client’s access to the Mobile Banking Service is subject to Bank’s prior and ongoing approval. Bank may deny Client’s access to all or any part of the Mobile Banking Service, at Bank’s sole discretion. To utilize the Mobile Banking Service, Client must contact Bank and also be enrolled in Bank’s Online Banking system. Once Client has enrolled for the Online Banking Services, Client will need to download applicable software to their Wireless Access Device. Once Client is enrolled in the Mobil Banking Services, designated accounts liked to Client’s Online Banking security codes will be accessible through Client’s Wireless Access Device. Additionally, to access and utilize the Mobile Banking Service, Client will need a compatible Wireless Access Device. To access the Mobile Banking Service and functions, Client’s Wireless Access Device must be internet enabled and connected to the internet through Client’s mobile communications service provider. In order to properly use the Mobile Banking Service, Client should review and follow the instructions provided in Bank’s Online Banking system. Client accepts responsibility for making sure that Client, and anyone acting on Client’s behalf, knows how to properly use the Wireless Access Device. If Client obtains a different Wireless Access Device, Client will be required to download and install software to that different Wireless Access Device, under the same terms set forth in this Service Description, as amended. Client agrees to delete all such software from Client’s Wireless Access Device promptly if the licenses or this Service Description terminate for any reason. Bank reserves the right to change, add to, or terminate services with Bank’s third-party software providers, to substitute different software providers, and to enter into or arrange for the provision Mobile Banking Services by other licensors and third parties.
Client agrees to exercise due care in preserving the confidentiality of any user identification, password, test key, or other code or authentication method provided by Bank or otherwise required for use of the Mobile Banking Service, and shall further prevent the use of the Mobile Banking Service by unauthorized persons. Client assumes full responsibility for the consequences of any missing or unauthorized use of or access to the Mobile Banking Service or disclosure of any confidential information or instructions by Client, or anyone acting on Client’s behalf.
EMAIL MESSAGING: Client expressly authorizes Bank to send emails to Client regarding Client’s accounts and financial transactions, in connection with the Mobile Banking Services. Bank may send these messages to any email address Bank has in Bank’s records for Client or Client’s account.
Hardware and Software: Client is responsible for obtaining and maintaining the compatible Wireless Access Device required to use the Mobile Banking Service. To the extent Bank, in Bank’s sole discretion, provides any hardware in conjunction with the Mobile Banking Service, the hardware will at all times remain the sole property of Bank. Upon termination of the Mobile Banking Service, Client must promptly return any hardware that Bank provided to Client.
To the extent the Mobile Banking Service involves Bank’s having granted Client software license (“software”) usage rights, such grant shall be a personal, non-exclusive, non-transferable right to access and use the Mobile Banking Service in connection with Client’s use in accordance with this Service Description. The Mobile Banking Services do not involve the sale of software. Nothing in this Service Description will entitle Client to receive technical support, telephone assistance regarding the software, or updates to software. Upon termination, Client agrees to immediately destroy all copies of any software which had been downloaded to Client’s Wireless Access Device or otherwise in Client’s possession and control as part of Client’s access and use of the Mobile Banking Service. Client acknowledges that Client’s license to use any software that may be required for the Mobile Banking Service is directly from the software provider, pursuant to the license agreement that appears when any such software is electronically accessed by Client or otherwise provided to Client. By enrolling in portions of the Mobile Banking Service relating to those software systems and programs, and by downloading and installing Mobile Banking software, Client will be evidencing Client’s acceptance of the terms and conditions of those licenses. Bank may also condition Client’s use of the Mobile Banking Service upon Client affirming such licenses by the use of "I Accept" or similar dialogue box acknowledgements, or by other affirmative or use-based acknowledgement and agreement systems.
Mobile Banking Service Limitations: The availability, timeliness, and proper functioning of the Mobile Banking Service depends on many factors, including Client’s Wireless Access Device location, wireless network availability and signal strength, and the proper functioning and configuration of hardware, software, and Client’s Wireless Access Device. Neither Bank nor any of Bank’s service providers warrant that the Mobile Banking Service will operate without interruption, and neither Bank nor Bank’s service providers shall be liable for any loss or damage caused by any unavailability of the Mobile Banking Services, including service interruptions, delays, or loss of personalized settings. Neither Bank nor any of Bank’s service providers assume responsibility for the operation, security, functionality, or availability of any Wireless Access Device or mobile network which Client utilizes to access the Mobile Banking Service.
THE MOBILE BANKING SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY, OR COMPLETENESS.
Client agrees to exercise caution when utilizing the Mobile Banking Service on Client’s Wireless Access Device and use good judgment and discretion when obtaining or transmitting information.
Relationship to Third Party Agreements: Client agrees that, when Client uses Mobile Banking Services, Client remains subject to the terms and conditions of Client’s existing agreements with any unaffiliated service providers, including, but not limited to, Client’s mobile service provider. Client understands that those agreements may provide for fees, limitations, and restrictions which might impact Client’s use of the Mobile Banking Services, and Client agrees to be solely responsible for all such fees, limitations, and restrictions. Client also agrees that only Client’s mobile service provider is responsible for its products and services. Accordingly, Client agrees to resolve any problems pertaining to Client’s Wireless Access Device or mobile services with Client’s provider directly.
Security of Data in Transition and Storage: Client expressly acknowledges that any wireless access to Client’s accounts may not be secure and, as such, Client assumes the risk associated with unauthorized access to the Mobile Banking Service and any information contained therein, resulting from such wireless connectivity. Client assumes all risk that any information Client downloads or otherwise stores on Client’s Wireless Access Device may be accessed by unauthorized third parties. Without limiting the foregoing, Client acknowledges that Client’s Wireless Access Device may become subject to unauthorized tracking, "hacking," or other manipulation by spyware, viruses, or other malicious code ("malware"). Bank is not responsible for advising Client of the existence or potential effect of any malware. Client’s use of Client’s hardware and software is at Client’s own risk.
Bank is not responsible for the security and confidentiality of information when Client: (i) uses wireless connections to download Client’s account information, in which case Client acknowledges such connection may permit other persons to access the information being downloaded, or (ii) allows other persons access to Client’s Wireless Access Device. Client agrees that any account information that Client downloads is done at Client’s own risk, and Client is solely responsible for any damage that might occur to the electronic device to which Client downloads 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.
CLIENT AGREES TO TERMINATE THE MOBILE BANKING SERVICE, OR DISABLE CLIENT’S REGISTERED WIRELESS ACCESS DEVICE FROM THE MOBILE BANKING SERVICE IMMEDIATELY IN THE EVENT CLIENT’S REGISTERED DEVICE BECOMES LOST, STOLEN, OR IS NO LONGER IN USE BY CLIENT.
17. Account Alerts:
Alerts: Your enrollment in Fremont Bank Online Banking and/or Mobile Banking includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about Fremont Banks account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. We may add new alerts from time to time or cancel old alerts. We usually notify you when we cancel alerts but are not obligated to do so. Fremont Bank reserves the right to terminate its alerts service at any time without prior notice to you.
The Alerts feature is a convenience tool that permits Client users to request automated notification in specific situations. Alerts do not replace the standard communications Client receives from Fremont Bank concerning Client’s accounts. An alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts in a timely manner with accurate information. Receipt of Alerts may be delayed or prevented by factors affecting Client’s access, including internet service provider(s), phone operator(s), and other relevant entities. Fremont Bank guarantees neither the delivery or the accuracy of the contents of any Alert. Fremont Bank, its directors, employees, agents, and service providers, will not be liable for losses or damages, including attorney’s fees, that may arise, directly or indirectly, in whole or in part from (i) non-delivery, delayed delivery, or wrong delivery of any Alert; (ii) inaccurate or incomplete content in an Alert; or (iii) Client’s use or reliance on the contents of any Alert for any purpose. Fremont Bank reserves the right to terminate any request from Client for any Alert, at any time. The information in any Alert may be subject to certain time lags and/or delays. Client may stop or suspend Alerts at any time.
Methods of Delivery: We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) an email account, by an email message; or (c) your Fremont Bank Online Banking message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message: To stop alerts via text message, text "STOP" to 41952 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in Fremont Bank Online Banking. For help with SMS text alerts, text “HELP” to 41952. In case of questions, please contact customer service at (866) 222‐7215. Our participating carriers include (but are not limited to) AT&T, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Alert Information: As alerts delivered via SMS, email, and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your alerts will be able to view the contents of these messages.
18. Download Service: The Download Service is compatible with QuickBooks® and certain other financial management software programs (“Programs”). Bank will not control or oversee any administrator, user, or similar function that may be made available through the Programs. The fact that Bank is, or may be made aware of, or could have discovered, any limitation on access to the Download Service as imposed by Client through the Programs, or otherwise, does not make Bank obligated to enforce or attempt to enforce any limitation. Client understands that the Program(s) may be utilized without regard to any restrictions otherwise applicable to an Account. For example, the Program(s) may be utilized regardless of whether an individual user is also an authorized signer on Client’s Account signature card.
Access to Account Data: Client can download balance and other Account information through the Download Services. Since certain information and transactions are not processed by Bank until after the close of Bank’s business day, some transactions may not be reflected in the System until the next banking day. Posted items may be reversed due to insufficient funds, stop payment orders, legal process, and other reasons. Certain balances also may not be subject to immediate withdrawal. Bank assumes no responsibility for any loss arising from incomplete information or for any temporary interruption in the System, or unauthorized access to information once it has been accessed by the Program(s).
Software, Equipment and Third Party Content: Client is responsible for obtaining and maintaining any software, including the QuickBooks® or other compatible software and equipment that is necessary for the Download Service to interface with the Program(s). Through the Program(s), Client may be able to access content provided or operated by third parties, including content that was originally sourced from data downloaded from Bank’s Online Banking Service (“Third Party Content”). Unless Bank tells Client otherwise in writing, Bank does not operate or control any such Third Party Content or any of the information, products, or services accessed or uploaded through the same. Client acknowledges and agrees that: (i) Client accesses Third Party Content at Client’s own risk; (ii) Bank makes no representation or warranty, and assumes no responsibility for, Third Party Content provided or operated by third parties, actions or omissions of third parties, operators or providers; (iii) Bank makes no endorsement of, and assumes no responsibility for, Third Party Content uploaded to Bank’s system or Client’s hardware, or goods or services offered on or advertising on or by any other party; (iv) by using third party services or software, Client may be exposed to material that is offensive, indecent, or objectionable; and (v) although Bank may have a contractual or other relationship with the operators of a linked website or the providers of Third Party Content, Bank will not be responsible for the Third Party Content, accuracy, completeness, integrity, availability, timeliness, or operation of their website or the Third Party Content provided. Client agrees to hold Bank harmless in connection with all of the foregoing.
19. Email Communications: While access to Bank through the secure email function of the Services is "online," messages sent to Bank through email are not reviewed by Bank personnel immediately. If immediate attention is required, Client must contact Bank by telephone or in person. The email function is not intended for use by Client to initiate a transaction on Client’s account(s), including check stop payment orders. If Client sends Bank an email message outside of the secure log-on feature within the Services, Client’s communication will not be secure and Bank’s receipt and response to the email may be further delayed. Client agrees not to rely on any form of email communication for any matter requiring immediate attention.
Client’s secure email messages may be acted upon by Bank if received in a manner and in a time providing Bank a reasonable opportunity to act. Nevertheless, unless otherwise expressly provided herein, email messages will not serve as a substitute for any requirement imposed on Client to provide Bank with "written" notice.
20. Inconsistencies: If a beneficiary of any requested Online Banking Service, including but not limited to Bill Payments, Fund Transfer Service requests, ACH Service transmissions, payment orders, or other money transactions, or any other Communication from Client (collectively, “payment order”), is identified by both name and account number, payment may be made by Bank 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 beneficiary’s bank is identified on a payment order by both name and account number, Bank and other financial institutions may rely on the account number even if the name and the account number are not consistent or identify different parties.
21. Provisional Credit: Client acknowledges that credit for a payment order is provisional until the receiving financial institution obtains final settlement. If final settlement does not occur, the originator of the payment order is not deemed to have made payment to the beneficiary, and the beneficiary's bank is entitled to a refund of the provisional credit. Client agrees that when Bank gives Client credit for an incoming payment order, including but not limited to, returned credited transactions or credit reversals, it is provisional until Bank receives final settlement for the payment order. Bank may delay availability of provisional funds at its discretion. If Bank does not receive final settlement, Client must return the funds previously credited to Client's account to Bank, and the person who sent the payment order will not be treated as having paid Client. Bank may refuse to permit the use of any amount credited for an incoming payment order, including but not limited to a debit entry or credit reversal if Bank believes in its sole discretion that there may not be sufficient funds in Client's account to cover chargeback or return of such transaction.
22. Cutoff Hours: A number of Bank’s Online Banking Services are subject to processing cutoff hours. The cutoff hours applicable to each Online Banking Service is reflected in the Supporting Documents. Instructions received after the cutoff hour or on a non-business day may be deemed received as of the next business day. Alternatively, some Online Banking Services may require Client to resubmit an instruction when it is received after the cutoff hour or on a non-business day.
23. Uploaded Content; Linked Sites and Advertisements: From Bank’s website, Client may be able to access uploaded content provided or operated by third parties. Unless Bank tells Client otherwise in writing, Bank does not operate or control any such content or any of the information, products, or services on such linked websites. Client acknowledges and agrees that: (i) Client accesses such content and linked sites at Client’s own risk; (ii) Bank makes no representation or warranty, and assumes no responsibility for, content on Bank’s website and any linked site or the actions or omissions of its/their owners, operators, or providers (iii) Bank makes no endorsement of, and assumes no responsibility for, content uploaded to Bank’s website or goods or services offered on or advertising on or by any other website; (iv) by using other websites and services, Client may be exposed to content that is offensive, indecent, or objectionable; and (v) although Bank may have a contractual or other relationship with the operators of a linked website or the providers of content, Bank will not be responsible for the content, accuracy, integrity, availability, timeliness, or operation of their website or content. Client agrees to hold Bank harmless in connection with all of the foregoing.
Bank reserves the right, but shall have no obligation, to reject, move, or delete content that Bank, in Bank’s sole discretion, believes violates this Service Description, or contains content, including viruses, that may interfere with the operation of Bank’s website. Bank may, but has 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. Bank shall have the right, but not the obligation, to disclose content to any third party if required or permitted by law or if Bank believes reasonably necessary to: (a) comply with legal process; (b) enforce this Service Description; (c) respond to claims that any content violates rights of third parties; or (d) protect Bank’s rights, properly, or personal safety, or those third parties.
24. Third Party Content: Bank may receive, process, and make available to Client content that Bank receives from Client and others. In this regard, Bank is merely a passive conduit for such content, although Bank reserves the right to block or remove any content that Bank believes violates this Service Description. Bank assumes no responsibility for determining the accuracy, reliability, timeliness, ownership, legality, appropriateness, or completeness of any information that Client or others provides to Bank, nor for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity on such sites. Bank will not have a duty to interpret or evaluate any content transmitted to Bank or through Bank’s website or the Online Banking Services, except to the limited extent, if any, set forth in this Service Description. Bank 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 Bank receives from Client or third parties. Bank will not have a duty to notify Client about any inaccuracy, unreliability, ownership, incompleteness, or other problem that may be associated with third party content on Bank’s website, even if Bank has reason to know of its existence. Use of any content Client obtains from Bank’s website is at Client’s own risk.