Mobile Banking Agreement


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This agreement sets forth the terms and conditions for use of the Mobile Banking Services ("Services") and any related Software ("Software") provided by Fremont Bank ("the Bank") combined with your handheld's text messaging or Web capabilities. Please read it carefully, as your use of any of the Services will be deemed evidence of your agreement to its terms.
 

By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to the terms and conditions of the deposit account agreements and disclosures for each of your bank accounts and any terms and conditions to which you have previously agreed with respect to Online Banking and Bill Pay services of which the Service is a part. The Bank in its discretion may modify these terms and conditions at any time. If the change would result in increased bank fees for any Services and Software, we agree to give you notice at least 30 days before the effective date of any such change. Messaging and data charges from your telephone carrier may apply. The Bank recommends you review your contract with your individual mobile carrier service before enrolling in Services.
 

Terms and Conditions:
Program: The Bank offers our clients mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). The Bank also offers additional mobile banking functions like bill payment and internal transfers, to clients using a mobile internet browser.
 

Enrollment requires you to be an owner of a Fremont Bank account, identification of the user's banking relationship with the Bank as well as providing a mobile phone number with either or both a text plan and data plan with a carrier, depending on which Services and Software you choose to use. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, users may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the user. This program will be ongoing. Standard messaging charges from your mobile carrier service apply. Users will be allowed to opt out of this program at any time.
 

The Bank is not obligated to monitor for the receipt of any alerts, nor is the Bank responsible for missed alerts due to service interruption or changes to your mobile handheld device. The Bank does not guarantee the timely delivery, execution, or the transmission of content provided by your mobile carrier service. The Bank will be unable to review or to respond to any attempted reply to any alert.
 

Online banking is required in order to use some optional features of Services and Software such as bill payments. Please refer to the applicable Terms and Conditions for Online Banking and Bill Payment services prior to enrollment for Online Banking and/or Bill Payment.
 

The Bank will not be responsible for the delay of notification, accuracy of information or actions taken or not taken by you as a result of an Alert. You or the Bank may terminate alerts at any time without prior notification.
 

If you choose to use the Transfer or Bill Pay functions of Services and Software when you access Services using a mobile internet enabled device, you recognize that any requirement to verify two signatures on checks, if such requirement exists on your Fremont Bank accounts, does not apply to electronic transfers and you release the Bank from liability when making such transfers or payments. This means that any person who is authorized to act as a signer on your bank accounts shall be authorized by you to individually make electronic or telephone transfers, even though that persons authority to transfer or withdraw funds from your bank accounts by some other means (e.g., by check) must be exercised jointly with one or more other persons.
 

Transfers initiated before 8:00 pm (Pacific Time) on a business day are posted to your account the same day. Transfers completed after 8:00 pm (Pacific Time) on a business day, Saturday, Sunday or banking holiday will be posted on the next business day. If your account has insufficient funds to perform all electronic funds transfers ("EFT") you have requested for a given business day, then EFT initiated through Services and Software which result in an overdraft of your account may, at our discretion, be cancelled, reversed, or denied. In the event the EFT initiated through Services and Software which would result in an overdraft of your account are not cancelled or reversed, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account. Refer to your deposit account disclosures received when you opened such account for additional information on Error Resolution. In case of errors or questions about your electronic funds transfers including bill payments or contact us at 1-800-359-BANK (2265).
 

Questions: You can contact us at onlinebanking@fremontbank.com or 800-359-BANK (2265).
 

To Stop the Program: Log in to online banking and go to Options and Manage Device(s); from the My Phones tab; choose the stop using this phone for Mobile Banking from the drop down list and click Go. To stop text alerts from coming to your phone, you can text "stop" to 99588. Contact us at onlinebanking@fremontbank.com or 800-359-Bank (2265) for help with managing these services.
 

By accepting these terms and conditions and by using Services and Software, you acknowledge awareness of these best practices and your intention to follow these basic steps to safeguard your mobile banking capabilities:

  • Lock your mobile handheld device using a password, if this is a feature of your device.
  • Disable the Bluetooth feature when not in use, if this is a feature of your device.
  • Download only from sources you deem trustworthy.
  • Use the remote-wipe software or device feature to clear the data on your device in case you lose it.
  • Activate bank alerts that can inform you when large amounts are withdrawn from your bank accounts.

In the event you do not uphold these terms and conditions, you agree and acknowledge that the Bank may cancel your service at any time without prior notice. The Bank may at any time, without prior notice suspend temporarily or permanently terminate Services and Software due to inappropriate use or activity, or if your access to your account(s) is restricted by the Bank or any other party for any reason. The Bank will automatically terminate the Services and Software should you cease to maintain an eligible account with the Bank.
 

CONTACT US AT ONCE if you believe your mobile handheld device has been lost, stolen or used without your authorization, or otherwise compromised. You assume full responsibility for the security and confidentiality of your mobile handheld device, mobile phone number, passwords and personal identification numbers used to access Services and Software.
 

You can use Services and/or Software seven days a week, 24 hours a day. At certain times, some or all Services may not be available due to system maintenance or other reasons beyond the control of the Bank or any service provider. The Bank is not responsible for continued access outside your mobile phone carrier's coverage area. The Bank may inform you from time to time about changes to the way you should access or operate within the Services. You agree to observe all such changes and that the Bank is not responsible for any interruption, loss or liability that may occur should you or your mobile handheld device not support such changes.
 

Privacy and User Information:
You acknowledge that in connection with your use of the Services, the Bank and its affiliates and service providers, and their affiliates, may receive and may share with one another as part of providing these Services and Software names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively "User Information"). The Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
 

Restrictions on Use:
You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by the Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Bank or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose the Bank, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of the Bank or any third party. You agree that you will not attempt to (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party's account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other clients of the Services or Software, or otherwise abuse the Services or Software.
 

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