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This
Online Banking Services Agreement and Disclosure (“Agreement”)
is entered into between Community Bank (the “Bank”)
and the undersigned customer of the Bank, who hereby subscribes
to Community Bank Online Banking Services (“EZ Banking”).
This agreement discusses how you can use EZ Banking to
obtain information about your account, transfer funds between
your
accounts, request certain other bank services, and pay
bills (“PowerPay”). It also contains the terms
and conditions governing EZ Banking and PowerPay. The customer
is referred to in the Agreement as “you” or “your”.
The Bank is referred to in this Agreement as “Bank”, “we”, “us” and/or “our”.
If you use EZ Banking or permit another to use EZ Banking
on your behalf, you agree to the terms and conditions stated
in this Agreement.
This Agreement governs your use of our Internet Banking
(“EZ
Banking”) and Bill Pay (“PowerPay”)
services. The terms and conditions set forth herein
are in addition
to, and do not cancel or supersede, any other agreements
or signature cards governing your deposits, loans or
other business relationships with the bank. All of
the terms, conditions,
agreements, representations, schedules, disclosures,
and fees set forth in or association with such other
agreements
and signature cards remain in full force and effect.
However, the persons you authorize to have access to
and make transfers
from your account(s) through EZ Banking may not be
the same persons who are authorized to sign on the
account under your
other agreements and signature cards with us. In cases
where your authorizations to other persons differ from
your authorizations
for the same account(s) under the signature card agreement(s),
the signature card agreement(s) will govern EZ Banking
transactions.
Any instructions we may issue for the use of EZ Banking
(collectively, “Instructions”)
are a part of this Agreement and are incorporated herein
by reference.
The current EZ Banking fee schedule is attached to
this Agreement as Schedule A. The fees and service
charges
provided for
in your deposit, line of credit, loan, and other
agreements with us, as described in the Bank’s Schedule of Fees
and Charges, may apply to services ordered online.
Subject to any applicable notice requirements imposed
by the Electronic Fund Transfer Act (“EFTA”)
and Regulation E “(Reg E”) hereunder,
the Bank may change or add any fees, modify the instructions
for EZ Banking,
or otherwise amend this Agreement in whole or in
part at any time.
Either you or the Bank may terminate this Agreement
at any time upon giving written notice of the termination
to the
other party. Termination will not affect any liability
or obligation of either party incurred hereunder
prior to termination.
For reasonable cause including non-usage or inactivity,
the Bank reserves the right to terminate this Agreement
and your
access to EZ Banking, in whole or in part, at any
time without prior notice to you. Upon termination,
we reserve
the right
to make no further payments or transfers from your
account(s)
pursuant to this Agreement, including payments
or transfers you have previously authorized. If you
terminate your
EZ Banking services, you authorize the Bank to
continue making
transfers you have previously authorized until
such time as the Bank has had a reasonable opportunity
to act upon
your termination notice. You agree that upon termination
of your EZ Banking services, either by you or by
us, you will cancel all automatic or recurring
transfers
you have
previously authorized, and that if you fail to
do so,
you are responsible for such payments.
In general, the EZ Banking package enables you
to:
- Search transaction histories and obtain balance
information on the accounts you include in your EZ Banking
program, which
may include checking, savings, certificate
of deposit, line of credit, installment loans, real estate
loans and commercial
loans.
- Transfer funds between your transaction accounts.
- This list is not exhaustive and the Bank may offer additional
or different EZ Banking services in the
future, all of which will be governed by this Agreement, as amended.
PowerPay is an electronic payment system which
permits you to initiate and authorize payments
from your
accounts to
payees which you have selected in advance to
receive payments by means of this service.
(A payee is
a person or business
you are paying). You have the option of setting
up a payment to occur only on demand or on
a recurring frequency.
Recurring
payments are payments of a fixed amount that
are paid at a regular time interval, such as
monthly;
and on
demand payments are payments that vary in amount
and/or date.
After you have
established a recurring or on demand payment,
the Bank will automatically execute bill payments
according
to your
instructions
until you have properly notified the Bank,
in accordance with the Bank's procedures in
effect
at the time,
of
any cancellation of your instructions. You
may notify
the bank
by writing us at P. O. Box X, Joseph, OR 97846
or e-mail via the "Contact Us" option.
To
participate in PowerPay, you must have a checking
account with Community Bank. If you
participate
in this service,
you may use PowerPay to make payments from
any of your checking accounts.
To pay bills using PowerPay you must use a computer and have access to the internet and Community Bank's website. You must have completed an application for EZ Banking and PowerPay and have had an ID and temporary Password issued to you. After your instruction is received,
payment will be made either by transferring
funds electronically
from your account to the payee or by preparing
a paper check to the payee via first class
mail. Your
payment
will be sent
within 48 hours of your selected payment
date.
You may use PowerPay to authorize automated
recurring payments in order to pay recurring
bills.
These payments can be for the same amount, or a variable amount, each month and will be sent on the same calendar day of each month, or on the previous business day if the regular payment falls on Saturday, Sunday or a federal banking holiday.
When you have
entered and transmitted payment instructions, you authorize
the Bank to withdraw
funds from your
account accordingly.
For electronic payments, these funds are taken from your account on the day of your scheduled payment. For check payments the amount will be deducted when the check is presented to the bank for payment. If
there are insufficient funds in the account
to make
an electronic
payment, payment
will not be made. If making a payment by
check and there are insufficient funds
in the account
to pay
the check
on
the day it is presented for payment, you
will be responsible for any non-sufficient
funds
or overdraft
charges the
Bank
may impose, as stated in the deposit agreements
governing your accounts. The Bank reserves
the right to refuse
to honor payment requests that reasonably
appear to the Bank
to be
fraudulent, incomplete, erroneous, or if
you do not follow the Bank's instructions
for PowerPay.
In addition,
the
Bank will not be able to execute any bill
payment if the payee
cannot or will not accept such payment.
Using
PowerPay, you can only pay payees with
United States addresses. While most
payments
can be made
using PowerPay,
the Bank reserves the right to refuse
to pay certain payees. The Bank also reserves
the
right to terminate
your use
of the PowerPay service. Due to liability
issues, we will not
accept payments to federal, state or
local tax agencies, or payments to settle securities
transactions.
When scheduling payments,
you should take into account delays that are inherent in
processing
and sending
bill payments.
In general, bill payments may be scheduled
for the current business day or any date
in the future,
and
we will process
your payment on the date you schedule.
Check payments
will only
be processed once a day at 10 a.m. Pacific
Time.
Electronic payments are processed twice daily, at 12 a.m. and again at 10 a.m. Pacific time. If the payee is to be paid by paper check you understand and agree that the check is mailed to the payee the same day as the date requested, if the request for payment is entered prior to 10 a.m. on a regular business day, or is a recurring payment previously entered. Under normal circumstances check payments are received by the payee within 3 to 5 business days. Community Bank takes no responsibility for Postal Service error or incorrect payee addresses. Further delays may be caused by failure of payee to process payments the day they are received. If the payee is to be paid electronically, you understand and agree that the payee may not receive the payment until up to 2 business days after it is debited from your account. Further delays may be caused by the failure of the payee to process a payment on the business day that it is received.
You authorize
Community
Bank and
any third party processing agent that we
may select to use any payment method (electronic
or paper)
we choose
to process
each of your payments. It is your responsibility
to authorize your bill payments in such
a
manner
that
your bills are
paid on time. You are responsible for any
late payment or finance
charge that may be imposed as a result
of your failure to schedule payments or
transmit
payment
instructions
in a timely
manner. We are not responsible for any
delay or other adverse consequence that
results
or is alleged
to
result from the
choice of payment methods, from delays
in the delivery of mail or the improper
handling
or
transmission
of payments by a third party or the failure
of a payee
to accept,
process or properly post a payment in a
timely manner.
To cancel a bill payment that you have scheduled, you must cancel the payment online by 11:45 p.m. the business day prior to the business day the payment is scheduled to be paid.
EZ Banking Online Internet Banking
PowerPay for consumer (personal) checking accounts
PowerPay for business checking accounts
- $5.95 per month
- 0.45 cents per payment after first 15 per month
You can make an internal transfer of funds from one account
with the Bank to another, such as a transfer
from a savings account to a checking account.
Transfers may be limited
in amount as provided in our agreements
with you
governing
these
services or in accordance with bank policies.
In addition, your ability to transfer funds between
certain accounts
is limited to federal law, as stated
in your deposit
agreements with us. For example, you
can make no more than six (6)
electronic transfers
from a savings account
during each statement period. Transfers made using
both EZ Banking and other
transfer methods described in the Deposit
Agreements are counted against
the permissible number of transfers.
The bank reserves
the right to further limit the frequency
and dollar amount of
transactions from your accounts for security
or credit reasons, as the Bank may determine
at any
time at
its sole discretion.
It is your responsibility to ensure that
you have enough money or credit available
in an
account from which
you instruct EZ Banking or PowerPay to
make a payment or
transfer. If
funds are withdrawn from any of your
accounts by means of electronic fund transfers,
other
than
through EZ
Banking on same business day as an EZ
Banking transaction,
and
if
the account contains insufficient funds
to enable both the electronic funds transfer
and
the EZ
Banking transfer
to
be made, the transfers will be made in
the order determined by the Bank, in its
sole discretion.
You are fully
obligated to us to provide sufficient
funds for
any payments or
transfers you make or authorize to be
made. If we complete a payment
or transfer that you make or authorize
and we subsequently learn that you have insufficient
funds
for the
transaction, you agree to reimburse us upon
our
demand, and you
further agree that we may reverse the
transaction or offset the
shortage with funds from any other deposit
accounts(s) you have with
us to the extent permitted by the applicable
law and the terms of any other relevant agreements.
In order to use EZ Banking, you must have
your own Internet Service Provider and the
necessary
computer
equipment
required by the browser, which you select.
In this Agreement, your
computer and the related equipment are
referred to together as your “Computer”.
You are responsible for the installation,
maintenance, and operation of your Computer
and your software
In order to obtain and use EZ Banking,
you must complete our initial registration
process.
The
EZ Banking
registration process involves completing
and submitting a printed
application to the Bank, or by using
our online application. The Bank
will verify your identity, and information,
and provide you with a temporary password.
You may activate
your
EZ Banking
services
with your temporary password. You may
be required to designate one deposit
checking
account as
your primary
account. If
you do not do so, we may select a primary
account for you. Applicable service
fees, if any, will
be charged
to the account you designate.
Prior to your first use of EZ Banking,
you will have a User Identification
Code and
Password (the User
Identification Code and Password collectively
are referred to as the “Access
Code”). Access codes may only be obtained by Community
Bank customers who have an active account with us.
We will assign you an initial Password,
which you will be able to use one time
to gain
access to
the system.
You will
be required to change this password
upon your initial entrance into the
system.
You may voluntarily
change
your Password
at any time. It is recommended that
you memorize your password and do not
write
it down. You
are responsible for keeping
your Password and account data confidential.
You will need the Access Code to gain
access to EZ Banking. Use of the access
Code is
the agreed
Security
procedure
between you and the Bank. You should
keep your Access code confidential
in order to prevent unauthorized use
of EZ Banking and possible loss to
your accounts.
Anyone to
whom you give
or disclose
your Access Code will have full access
to
your accounts, even if you attempt
to limit that
person’s authority.
You are responsible for all transactions
you authorize or make using EZ Banking,
including any transactions that may
be unintentionally or inadvertently
authorized or made, and
any losses, charges, or penalties incurred
as a result. In addition, except as
otherwise provided in this Agreement,
you are responsible for transactions
by unauthorized persons
using your Access Code.
All accounts
will have the following activity
levels:
- Inquiry. You will be able to obtain current account
balance and transaction information on most accounts. The
amount
of transaction information available
online may vary by account type.
- Transactional. You will be able to obtain account
information, transfer funds between accounts,
and obtain certain other banking services.
We reserve the right to deactivate
any Access Code that has been “inactive” for
a period of three (3) months or
more. If your Access Code has been
closed,
you will be
required to go through the registration
process again to restore access
to EZ Banking.
If you believe that an unauthorized
transaction has been or may be made
from your account,
alert the
Bank immediately
by calling your local branch or (800)
472-4292 or write us at:
Community Bank
1901 NW 56th Dr
Pendleton, OR 97801
When using EZ Banking to pay bills,
you agree that the Bank, without
prior notice
to you,
may debit
any payment
account(s)
to pay checks that you have not signed
by hand or by legally acceptable
form of electronic
signature. When
using EZ
Banking to make transfers from credit
accounts, you
agree that the
Bank, without prior notice to you,
may take any action required to obtain
cash
advance
on your
behalf, including
charging
any credit account(s) at the bank
without your
handwritten or legally acceptable
electronic signature.
The Bank shall exercise due care
in seeking to preserve the confidentiality
of your
Access Code
and to prevent
access
to EZ Banking in general and
your accounts
in particular by unauthorized
persons. In this connection
it
is understood and agreed that
implementation by the Bank
of its normal
procedures for maintaining the
confidentiality of information
relating
to its customers and preventing
unauthorized transactions shall
constitute fulfillment
of its obligation
to exercise due care. The Bank
shall not be under any
liability
or have any responsibility of
any kind for any loss incurred
or damage
suffered by you by reason, or
in consequence of, any unauthorized
person gaining
access to or otherwise
making use of your
accounts through EZ Banking if
(i) the Bank has fulfilled its
obligation
of
due care,
or (ii)
the loss or damage
could have been avoided had you
promptly notified the
bank when
you received knowledge or notice
of any unauthorized transaction
or other
breach
of security,
or (iii) the unauthorized
transaction was a transfer of
funds to an account owned by you or by
any person or entity which controls,
is controlled by, or is under
common control
with you.
You assume full
responsibility for the consequences
of any misuse or unauthorized
use of
or access to the EZ Banking system
or disclosure of any of your
confidential information
or instructions by your
employees,
agents or other third parties.
When the
Bank becomes aware of any unauthorized
access
to your accounts,
it will advise
you as promptly as practical
thereafter.
The risk of error, failure, incompatibility
or nonperformance of your computer
system is your
risk and includes
the risk that you do not operate
your computer or your
software correctly. The Bank
is not responsible for any
errors or
failures from
any malfunction of your computer
or your software. The Bank shall
have no
liability
to you for
any damage or other
loss, direct or consequential,
which you may suffer or incur
by
reason of your use of your
computer or your software. THE
BANK MAKES NO WARRANTY
TO YOU
REGARDING YOUR
COMPUTER
OR
YOUR SOFTWARE, INCLUDING ANY
WARRANTY OF MERCHANTIBILITY
OR FITNESS FOR
A PARTICULAR PURPOSE. The bank
makes no representations or
warranties regarding the
accuracy, functionality, or
performance of any third party software that
may be
used in connection with EZ
Banking (e.g. Quicken,
Microsoft
Money).
The Bank is not responsible
for any
electronic virus or
viruses
that you may encounter. We
encourage you to routinely scan
your
computer, diskettes, and software
using a reliable virus product
to detect
and remove
any viruses
found. Undetected
viruses may alter, corrupt,
damage, or destroy your programs, files,
and even
your Computer.
Additionally, you may
unintentionally transmit the
virus to other computers, diskettes,
and software.
IN NO EVENT SHALL THE BANK
BE LIABLE FOR SPECIAL, INDIRECT,
PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL
LOSS OR DAMAGE
OF ANY KIND INCLUDING LOST
PROFITS,
WHETHER OR NOT THE BANK
HAS
BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE.
Your EZ Banking payments and
transfers will be indicated
on monthly statements
we provide
or
make accessible
by mail or delivery service.
You have a right under federal
law to
receive such statements for
accounts governed by the
EFTA and Reg.
E.
We may also provide
or make
accessible
to you
statement information electronically
or by some other means. You
agree to notify
us
promptly if you change
your address
or if you believe there are
errors or unauthorized transactions
in any statement,
or statement
information.
EZ Banking is generally available
twenty-four (24) hours a
day, seven (7) days a
week. However, at
certain times,
some or all of EZ Banking
may not be available due
to system
maintenance.
During these
times, you may
use a
Bank ATM,
InTouch telephone banking,
or a branch to conduct your
transactions.
A transfer
initiated
through
EZ Banking
before 8:00 p.m.
(Pacific Standard Time) on
a Business
Day is generally posted to
your account the
same day.
All transfers
through EZ Banking
after 8:00 p.m. (Pacific
Standard Time)
on a Business Day or on a
Saturday, Sunday, or Federal
banking
holiday will
generally be posted the next
regular Business Day.
Except as otherwise provided
in this agreement, all notices
required
to
be sent to you
will be effective
when we
mail or deliver them to the
last known address that we
have
for you in our records. Notices
from you will be effective
when received by mail at
the address
specified
in Section 2.8 above.
In general, communications
sent over the public Internet
are
not necessarily
secure.
Therefore,
we will not
send, and we strongly suggest
that you do not send, any
confidential account information
via regular email. Use our
secure Contact Us form for all Internet communications.
You agree that we may take a reasonable time to act on
any
Contact Us communications.
Correspondence
that requires expeditious
handling (i.e. if you need
to report an unauthorized
transaction
from
one of
your accounts)
should be made by
calling or visiting your local branch, or calling
800-472-4292 during
regular business
hours.
Unless you have instructed us otherwise,
you agree that we may send you electronic messages
about
products or
services we offer.
The bank may assign its rights and delegate
its duties under this Agreement to a company
affiliated
with
the Bank or to
any other
party.
The bank shall not be deemed to have waived
any of its rights or remedies unless such
waiver is in writing
and
signed by
the Bank.
No delay or
omission on the
part of the Bank in exercising its right
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 the provisions
of
this Agreement.
Regardless of where you live or work
or where you access EZ Banking, this
Agreement
will
be governed
by, and
construed in accordance
with, the laws
of the State
of Oregon, the State of Washington and the federal laws of the
United States of America. (The law
governing any
deposit account
subject
to this Agreement
will
be that of
the state in
which the deposit account is located.)
In the event either party brings legal
action to enforce the Agreement or
collect overdrawn
funds
on accounts
accessed under
the Agreement,
the prevailing
party
shall be entitled, subject to applicable
law, to payment by the other party
of its reasonable
attorney’s fees and costs, including
fees on any appeal, bankruptcy proceedings,
and any post-judgment collection actions,
if applicable.
If there is a lawsuit, you agree that
it may be filed and heard in the State
of Oregon, if allowed by applicable
law.
Should any part of this Agreement be
held invalid or unenforceable, that
portion shall be construed
consistent
with applicable
law as nearly as
possible to
reflect the original intent of the
Agreement, and the remaining portions
shall remain
in full force and effect.
Some of the transactions originated
through EZ Banking may be governed
by the Electronic
Funds
Transfer
Act and/or Regulation
E. The provisions
of
this Act
were provided to you when you opened
your account. In general, the EFTA
and Regulation
E govern
accounts established
by
a natural
person
primarily
for
personal, family
or household purposes.
If you would
like to receive an additional copy of your rights under
EFTA and/or
Regulation E,
contact
your local
Community
Bank branch
or call 800-472-7292.
We will disclose information to third
parties about your account or the
transfers you
make:
- 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 order; or
- If you give us written permission.
- Generally, tell us at once if you believe your
card and/or code has been lost or stolen. 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). If you believe your card and/or code
has been lost or stolen, and you tell us within 2 business
days
after
you learn of the loss or theft, you can lose no more
than $50 if someone used your card and/or code without
your permission.
If you do NOT tell us within 2 business days after
you learn of the loss or theft of your card and/or code,
and
we can
prove we could have stopped someone using your card
and/or code without your permission if you had told us,
you
could lose as much as $500. Also, if your statement shows
transfers
made with your card and/or code that you did not
make, 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 if we can prove that we could have stopped
someone
from taking the money if you had told us in time.
- Additional Limited Liability for Visa EZ Check
Card. Unless you have been grossly negligent or have engaged
in fraud,
you will not be liable for any unauthorized transactions
using your lost or stolen Visa EZ Check Card. This
additional limit on liability does not apply to ATM transactions,
to
transactions using your Personal Identification
Number which are not processed by Visa, or to Business
EZ Check Cards.
Visa is a registered trademark of Visa International
Service Association.
- If a good reason (such as a long trip or hospital
stay) kept you from telling us, we may extend the time
period.
- If you believe your card and/or code has been
lost or stolen or that someone has transferred or may transfer
money from
your account without your permission, call or
write us at the telephone number or address listed at the
end of this
disclosure.
In Case of Errors or Questions About
Your Electronic Transfers: Call or write us at the telephone
number
or address listed
below, as soon as you can, if you think your
statement or receipt is wrong or if you need more information
about a
transfer listed on the statement or receipt.
We
must hear from you no later than 60 days after we sent
the FIRST
statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe 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.
- Tell us the dollar amount of the suspected error. If
you tell us orally, we may require that you
send us your complaint or question in writing within 10 business days.
- We will
determine whether an error occurred within 10 business
days, (5 business days if involving a Visa transaction
or 20 business days if the transfer involved
a new account) after we hear from you and will correct any error promptly.
If we need more time, however, we may take up to 45 days
(90 days if the transfer
involved a new account, a point-of-sale transaction, or a foreign-initiated
transfer) to investigate your complaint or question. If
we decide to do this, we will credit
your account within 10 business days (5 business days if involving a Visa transaction
or 20 business days if the transfer involved a new account) 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 10 business days, we
may not credit your account. An account is considered a
new account for 30 days after
the first deposit is made, if you are a new customer.
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 ask for copies of the documents that
we used in
our investigation.
Community Bank
P.O. Box X
Joseph, OR 97846
Phone (800) 472-4292
Monday –Thursday 8:00 AM to 5:00 PM
Friday 8:00 AM to 6:00 PM
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