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 agreement sets forth the terms and conditions of the Online Banking and Online
Banking Bill Pay 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 and conditions of your use of the Services.
Please read this Agreement carefully, we recommend that you print this document
or save it to in order to keep copies 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 modified 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
Definitions. In this Agreement, defined terms have the meaning given to them.
- An “account” means any account you maintain with us and can include
all accounts and products you have accessible to the Services.
- An “authorized representative” is a person with authority of any kind
with respect to an Account.
- Your “available balance”, “available funds” and similar
words mean the balance in your Account as determined under our funds availability
- 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
- “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.
- “Regulation CC” means 12 C.F.R. Part 229, as it may be amended from
time to time.
- 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 Services. The
Security Codes include any supplemental or alternative method used to verify the
authenticity of Communications that may be offered or presented to you by us from
time to time.
- The “Service(s)” are the on-line banking interface and the banking services
described in this Agreement.
- The word “includes” means “including but not limited to”
the examples given.
- 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.
- “UCC” means the California Uniform Commercial Code as amended.
- The words “we,” “us”, “our”, “Bank”
and similar terms are used to refer to Fremont Bank.
- 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 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 reject 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.
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
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
- The terms or instructions appearing on a screen when using a Service;
- Our Deposit Account Agreement (“DAA”), and our rules, procedures and policies;
- Applicable provisions of the rules of the National Automated Clearing House Association
(NACHA) for bill payments facilitated through the ACH;
- Applicable state and federal laws, rules and regulations; and
- 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 Records and Signatures.When 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 containing
your purported signature.
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:
- 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”);
- Make payments to companies and individuals online from your linked checking or money
market checking account(s) (“Bill Pay Services”);
- Send and receive funds to and from third parties (“Popmoney® Personal Payments);
- 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.
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.
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
Check Stop Payment Service
You may request a stop 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.
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 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.
- “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.
- “Electronic Item” means the digitized image of a Paper Item that is created by you
and transmitted to us using the Service.
- “Image Exchange Item” means a digitized image of an Item cleared and settled directly
with a Paying Bank without conversion to a Substitute Check.
- “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.
- “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
- “Original” with respect to a Paper Item means the first paper Item issued with respect
to a particular payment transaction.
- “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.
- “Paying Bank” means the United States Financial Institution ordered in an Item to
make payment to the payee(s) named on the Item.
- “Substitute Check” means a paper reproduction of an Item that satisfies the requirements
and definition of “substitute check” set forth in Regulation CC.
- “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:
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, including, 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 your 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 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.
Deposits 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
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 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
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 represent, 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 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, 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 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, and the proper functioning and configuration of hardware, software
and your wireless access device. Neither we nor any of our service 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
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 Services 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 control.
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.
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
- “Popmoney® Service” means the payment service offered by Fremont Bank through its
- “Payment Instruction” means your payment instruction submitted using the Popmoney®
- “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.
- “Eligible Transaction Account” is the checking account from which Payment Instructions
will be debited and all Popmoney® Service fees will be automatically debited.
- “Payment Processing Date” is the day your Eligible 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.
- “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 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 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 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:
- 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;
- To the extent your activity results in a reimbursement 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;
- 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;
- You will reimburse us for any fees or costs we incur in attempting to collect any
amounts from you; and;
- We are authorized to report the facts concerning the return to any credit reporting
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 charges 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.
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:
- Payments to or from persons or entities located in prohibited territories (including
any territory outside of the United States);
- Payments that violate any law, statute, ordinance or regulation;
- Payments that violate this Agreement; and
- 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 illegal 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, 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;
- 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;
- 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 financing;
(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
- 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, 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
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
- “Bill Pay Service” means the bill payment service offered by Fremont Bank through
its third party provider.
- “Bill Payment” means your payment instruction submitted using the Bill Pay Service.
- “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.
- “Payment Account” is the checking account from which bill payments will be debited.
- “Billing Account” is the checking account from which all Bill Pay Service fees will
be automatically debited.
- “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.
- “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.
- “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 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 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 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 understand 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:
- 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, provide 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.
- 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.
- 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.
- 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 Pay 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. The time for notification may vary from Biller to Biller. You are responsible
for ensuring timely payment of all bills.
- 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
- 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
- Accuracy and dispute of electronic bill – We are not responsible 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.
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
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 becomes defective.
Our sole responsibility (if any) in such instances will be to repair or replace
the defective software or equipment.
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 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.
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 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
Our business days are Monday through Friday, excluding federal holidays.
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 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 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
In addition, we will disclose information to third parties about your account or
the transfers you:
- Where it is necessary for completing transfers, or
- In order to verify the existence and condition of your account for a third party,
such as a credit bureau or merchant, or
- In order to comply with government agency or court orders, or
- 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.
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.
You agree that we may record the information you enter in the online system.
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 day, 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.
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).
If you need assistance, send an e-mail to our Customer Service Department at firstname.lastname@example.org 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 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:
- Tell us your name and account number (if any).
- 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.
- 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 three 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.
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 could 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.
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 credited 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.
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:
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 agreement 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.
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 there may not be sufficient funds in your
account to cover charge back or return of such reversal.
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.
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 beneficiary’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.
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
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
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 continued 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.
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
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 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
more 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.
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.
The Provider shall not be deemed to have waived any of 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.
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.
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 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 number (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.
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.
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 representation 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) enforce 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, 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
User Communication 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
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,
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
other 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.
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 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.