This Electronic Document Delivery Agreement ("Agreement") is made between you and Fremont Bank ("Bank") for the purpose of obtaining your consent to receive notices, statements, documents, communications and other records ("Documents") via electronic delivery for any or all account(s) and document(s) as provided by the Bank rather than in paper form that you have self-enrolled or indicated your intent to enroll in electronic delivery (the "eDelivery") service. This Agreement is in addition to the terms and conditions described in the Online and Mobile Banking Services Agreement, Deposit Account Agreement, Loan Promissory Note, Terms and Conditions, and Electronic Funds Transfer Act Disclosure and corresponding Schedule of Fees and Charges.
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Personal Online Banking (866) 222-6304
Business Online Banking(866) 222-7215
Mailing AddressP.O Box 5101
Fremont, CA 94537- 9989
For purposes of this Agreement, the following terms shall have the meanings set forth below:
- "Account(s)" is defined as checking account, savings account, certificate of deposit, line of credit, loan, mortgage or other like arrangement for which you have selected to enroll in eDelivery.
- "Bank," "we," "us," "our" and other similar terms refers to Fremont Bank.
- "Document(s)" means any communications whatsoever associated with your accounts, including but not limited to the following:
- This Electronic Document Delivery Agreement and any updates;
- The agreement(s) governing your Accounts and any changes to them;
- The agreement(s) governing your use of our Online Banking and Mobile Services, other service or user agreements for access to our websites or other electronic services, all updates to these agreements and all disclosures, notices and other communications regarding transactions you make through websites or our other electronic services;
- Disclosures, agreements, notices and other information related to the opening or initiation of an account, product or service including, but not limited to, deposit account agreements, fee schedules or other disclosures or notices that may be required by the Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, and Real Estate Settlement Procedures Act or other applicable federal or state laws and regulations, as they may be amended;
- Any notice or disclosure regarding an account, product or service fee, such as a late fee, an overdraft fee, an overlimit fee, a fee for a check, draft or electronic debit returned for any reason, such as insufficient funds fee or a stop payment fee;
- Periodic account and billing statements, annual notices, tax statements, escrow analysis statements, privacy notices, error resolution and billing rights notices, balance calculation notices, data breach notices, communications relating to the maintenance or operation of an account, product or service including, but not limited to, account information, account activity or inactivity, payments made or due, fee information, or miscellaneous notices including but not limited to communications made under the Truth in Savings Act, Electronic Funds Transfer Act, Truth in Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, and Real Estate Settlement Procedures Act or other applicable federal or state laws and regulations, as they may be amended;
- Information or forms that we request from you and ask you to submit electronically; and
- Any notice or disclosure of new, changed or deleted terms and conditions applicable to your accounts, products or services you obtain from us.
- "Electronic" or "Electronically" is defined as any paperless document transmission originated or received through a computer, including a mobile device.
- "You", "Your" and other similar terms mean the person giving consent under this Agreement, and also each additional account owner or authorized signer identified on any Bank product you enroll or apply for, use or access.
Consent for eDelivery of Documents
Your consent to receive eDelivery covers the periodic statements you are provided in connection with your Fremont Bank account(s). By using eDelivery, you accept and agree to be bound by the general terms and conditions governing the eDelivery service, including without limitation all the terms and conditions in this Agreement. You agree to be bound by any and all laws, rules, regulations and official issuances applicable to eDelivery now existing or which may hereafter be enacted, issued or enforced, as well as such other terms and conditions governing the use of other facilities, benefits or services that the Bank may from time to time make available to you in connection with eDelivery.
Scope of Agreement
This Agreement establishes the terms and conditions of the Electronic Document Delivery Agreement by which you consent to receive electronic notice of any notice or other type of communication provided to you by the Bank. Your consent also covers all disclosures that are required or may be provided on or with your account and/or loan statements, including, but not limited, to the Billing Rights Statement required by the Truth in Lending Act and the Error Resolution Notice required by the Electronic Fund Transfer Act. We will provide you links to access all notices, attachments and/or documents via e-mail to the last known e-mail address provided by you. You agree to notify us promptly of any change of your e-mail address.
You understand and agree that once you agree to the terms and conditions of this Agreement, you are authorized to enroll, unenroll and re-enroll any account you may hold in the Service. In each case, this Agreement, as it may be amended from time to time, shall govern your rights and obligations.
Eligibility for eDelivery
You must be enrolled in Online Banking in order to sign up for eDelivery. All account types for which the Bank generates periodic statements are eligible for eDelivery. For a statement, which contains the information for more than one account "Combined Statement", the lead account must be enrolled in eDelivery to allow display of the Combined Statement.
Multiple Online Users
Any user with Online Banking access to an account can enroll in eDelivery. Once eDelivery is set up for an account, any online banking Access ID that can access the account will be able to view the Document.
Enrollment for eDelivery
Enrollment for eDelivery is by account. You must enroll each of your eligible account(s) for which you want eDelivery. You understand that when an account is enrolled in eDelivery, the Bank will discontinue mailing printed account statements to the account address of record.
Electronically Accessing and Downloading Documents
Electronic access to your Documents and any related legal notices will be made available to you through the Bank's Online Banking Service. Documents will be available for viewing by you for at least 36 months after the date posted on the Online Banking web site, as long as your account and online banking remain active during that time. You may find it advisable to print or download Documents for permanent retention.
Hardware and Software Requirements
To access, download, and print Documents, you will need a computer or mobile device ("device") with internet access and browser, a compatible operating system, and/or a compatible Fremont Bank Mobile Banking app to access the Document. For accessing the Internet, you will need the latest version of a currently supported web browser such as Microsoft Edge, Google Chrome, Firefox or Safari. In certain circumstances, we may need to block certain browsers and software from accessing Online Banking and Mobile Banking due to possible security risks and may not be able to inform you in advance. If you are reading this agreement online, you have the necessary hardware and software to access your Documents.
To print or download and save the Document you must have a printer connected to your device or sufficient storage space in order to keep copies for your records. A recent version of a PDF Reader like Adobe Acrobat Reader is required to access and retain documents being provided to you in Portable Document Format (.PDF). Adobe Acrobat Reader software is available for free directly from Adobe. You may download Adobe Acrobat Reader for free at www.adobe.com.
You understand and agree that we reserve the right to require you to obtain a different type of technology from time to time in order to use the Service. If we change the minimum hardware or software requirements and you are unable to receive electronic delivery services, you will be released from this Agreement.
Electronic Mail Address for eDelivery
We will send you an e-mail notice (each, an "eDelivery Notice") when a Document associated with your account is available for you to access or download to an electronic mail ("e-mail") address which you shall designate and may change from time to time. You understand and agree that it is your responsibility to maintain an accurate and valid e-mail address and to promptly update it in Online Banking. You agree that we shall issue an eDelivery Notice to the e-mail address you have designated for this purpose.
You must provide a current and valid e-mail address in order to receive eDelivery Notices. We are not responsible for errors in e-mail address delivery. You agree to provide us with any updated information we need in order to provide you with eDelivery Notices. This includes, but is not limited to, providing us with any changes to your e-mail address by logging in to your Online Banking Services account and updating your email address for each account enrolled in eDelivery.
Rejection of eDelivery Notices
You understand and agree that it is essential for the Bank to send you an eDelivery Notice successfully in order for you to utilize the eDelivery service. If we attempt to send an eDelivery Notice to you and it is rejected for any reason, we are not required to make additional attempts to send an eDelivery Notice to you. We may, at our option, send a printed notice substantially similar to the eDelivery Notice to you by regular mail but we are under no obligation to do so.
Duty to Review Documents
You agree to promptly access and review your Documents and any accompanying items after receipt of an eDelivery Notice. You must promptly notify us in the manner and within the applicable time period as specified in our Deposit Account Agreement, whichever is applicable, of any errors, unauthorized transactions, or other irregularities. If you allow someone else to access your Document(s), you are still fully responsible to review any Document(s) for any errors, unauthorized transactions, or other irregularities. Any applicable time periods within which you must notify us of any errors on your Document(s) (see Deposit Account Agreement) shall begin on the eDelivery Notice date regardless of when you access and/or review your Document. If you do not immediately report to the Bank any non-receipt of your Document(s) or any error, irregularity, discrepancies, claims or unauthorized transactions, you shall be deemed conclusively to have accepted all matters contained in the Document(s) to be true, accurate and correct in all respects.
Unenrollment from eDelivery
You can unenroll your account from the eDelivery service at any time by changing your Delivery Preferences in Online Banking or by contacting us at the address and phone number provided above or by sending instructions to us by e-mail. Upon withdrawal, all future documents will be sent in paper form to your address of record.
Upon termination of eDelivery services (by you or by us), new enrollment will be required to reinstate this service. If your account is receiving a credit or reduced service charge for electronic statements and you unenroll in the eDelivery service, the account may be subject to a paper statement fee or increased monthly service charge beginning with the end date of the statement period in which eDelivery service is cancelled.
Requesting Paper Documents
We will not send paper Documents for any accounts on which you have consented to eDelivery. You can obtain a paper copy of an electronic Document by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made no later than 6 years after we first delivered the Document to you. To request a paper copy, you may submit your request by e-mail, in writing, or by calling us at the address and phone number provided above. We may charge you a service fee for the delivery of paper copies of any eDelivered Documents as set forth in our current Schedule of Fees and Charges at the time the request is made. We reserve the right, but assume no obligation, to provide a paper (instead of Electronic) copy of any Document that you have authorized us to provide Electronically.
Change of E-mail Address
It is your responsibility to notify us immediately of any change in your e-mail address. Errors in e-mail address delivery will not be the responsibility of the Bank. You may update your e-mail address in Delivery Preferences for each account in Online Banking or by contacting us by e-mail, in writing or by calling us at the address and phone number provided above.
If you fail to update or change an incorrect or invalid e-mail address or other contact information, you understand and agree that any Document shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form on our websites, e-mailed to the e-mail address we have for you in our records, or delivered through other electronic means.
You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your Documents for each of your accounts as soon as you access it. You agree to protect the confidentiality of your account and account number(s), and your personal identification information, as well as your driver's license number and social security number. You understand that personal identification information by itself or together with information related to your account, may allow unauthorized access to your accounts. Data transferred via the eDelivery service is not encrypted. You acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others.
No Warranties; Limitation of Liability
We cannot foresee or anticipate technical or other difficulties. Therefore, we make no warranty that the eDelivery service will be uninterrupted or error free. you agree that we are not liable for any loss or damage arising from (a) your failure to comply with the terms and conditions of this Agreement; (b) interruption in the eDelivery service due to problems with your equipment or errors/delays in communication and transmission lines; or (c) any occurrence beyond our reasonable control. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of the eDelivery service, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory.
Agreement is in Addition to and Amends Other Agreements
We reserve the right to change (amend, add to, or delete) the terms and conditions of this Agreement at any time. Unless otherwise required by law, we may amend this Agreement without prior notice to you. If we choose to notify you of an amendment or are required to do so by law, we may ask you to agree to an amended version of this Agreement electronically, or mail or deliver a separate Document to you at the last address we have on file for you. Your continued use of the eDelivery service following any such notice of a change shall constitute your agreement to be bound by all such changes.
The terms and conditions of your account agreements for each of your Fremont Bank accounts, as well as your other agreements with Fremont Bank, such as Loan, continue to apply notwithstanding anything to the contrary in this Agreement.
Our Right to Terminate
We reserve the right, in our sole discretion, to discontinue the provision to you of the eDelivery service, and we may revert to sending Documents to you in paper form for any reason at any time. we will provide you with notice of any such termination or change as required by law.
This Agreement shall be governed by the federal Electronic Signatures in Global and National Commerce Act, Pub.L. 106–229 (the "E-SIGN Act") and, to the extent they do not conflict with the E-SIGN Act, the laws of the State of California and by regulations of any governmental agency having jurisdiction over us. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.
By clicking on "I Accept" you affirmatively consent to the eDelivery service meaning you agree that we may provide you with your periodic banking account statements, including, but not limited to any future disclosures, amendments, privacy policies, letters, correspondences, and any other notices that may be legally required to be provided to you, in electronic form for the accounts and documents for which you have self-enrolled or indicated your intent to receive electronically. Once enrolled in the eDelivery service you will receive your next statements, notices, and documents electronically only.
You understand and agree that even though you have enrolled in the eDelivery service, we may at our discretion continue to deliver periodic statements, legal notices, or other communications to you in paper form to your mailing address of record.