Online Access Agreement
Community Bank Online Banking Services Agreement and Disclosure
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 ("Online Banking"). This agreement discusses how you can use Online Banking to obtain information about your account, transfer funds between your accounts, request certain other bank services, and pay bills ("Bill Pay"). It also contains the terms and conditions governing Online Banking and Bill Pay. 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 Online Banking or permit another to use Online Banking on your behalf, you agree to the terms and conditions stated in this Agreement.
1. Scope of Agreement
1.1 Other Accounts, Loan Agreements and Services.
This Agreement governs your use of our Internet Banking ("Online Banking") and Bill Pay ("Bill Pay") 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 Online 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 Online Banking transactions.
1.2 Instructions and Fee Schedules; Amendment.
Any instructions we may issue for the use of Online Banking (collectively, "Instructions") are a part of this Agreement and are incorporated herein by reference.
The current Online 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 Online 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 Online 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 Online 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 Online 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.
2. Description of and Limitations On Online Banking
2.1 General Description of Services.
In general, the Online Banking package enables you to:
- Search transaction histories and obtain balance information on the accounts you include in your Online 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 Online Banking services in the future, all of which will be governed by this Agreement, as amended.
2.2 Bill Pay Service.
Bill Pay 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 817, Joseph, OR 97846-0817 or e-mail via the "Contact Us" option.
To participate in Bill Pay, you must have a checking account with Community Bank. If you participate in this service, you may use Bill Pay to make payments from any of your checking accounts.
To pay bills using Bill Pay you must use a computer and have access to the internet and Community Bank's website. You must have completed an application for Online Banking and Bill Pay 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 Bill Pay 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 Bill Pay. In addition, the Bank will not be able to execute any bill payment if the payee cannot or will not accept such payment.
Using Bill Pay, you can only pay payees with United States addresses. While most payments can be made using Bill Pay, the Bank reserves the right to refuse to pay certain payees. The Bank also reserves the right to terminate your use of the Bill Pay 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.
Schedule A - Fee Schedule
- No charge
Bill Pay for consumer (personal) checking accounts
- No charge
Bill Pay for business checking accounts
- $5.95 per month
- 0.45 cents per payment after first 15 per month
2.3 Types of Transfers and Limitations.
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 Online 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.
2.4 Overdrafts; Order of Payments.
It is your responsibility to ensure that you have enough money or credit available in an account from which you instruct Online Banking or Bill Pay to make a payment or transfer. If funds are withdrawn from any of your accounts by means of electronic fund transfers, other than through Online Banking on same business day as an Online Banking transaction, and if the account contains insufficient funds to enable both the electronic funds transfer and the Online 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.
2.5 Computer Requirements.
In order to use Online 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
2.6 Registration Process.
In order to obtain and use Online Banking, you must complete our initial registration process. The Online 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 Online 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.
2.7 Access code and Security.
Prior to your first use of Online 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 Online 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 Online 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 Online 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 Online Banking.
2.8 Reporting Unauthorized Transaction or Theft or Loss of Access Codes.
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 (855) 273-3844 or write us at:
157 S. Main St
Pendleton, OR 97801
2.9 No Signature Required.
When using Online 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 Online 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.
3.0 Responsibility of Parties
3.1 Confidentiality and Access to Online Banking
The Bank shall exercise due care in seeking to preserve the confidentiality of your Access Code and to prevent access to Online 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 Online 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 Online 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.
3.2 Hardware and Software Malfunctions.
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 Online 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.
3.3 Limitation of Liability
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.
4.1 Periodic Statements.
Your Online 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.
4.2 Business Days and Hours of Operation.
Online Banking is generally available twenty-four (24) hours a day, seven (7) days a week. However, at certain times, some or all of Online 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 Online Banking before 6:00 p.m. (Pacific Standard Time) on a Business Day is generally posted to your account the same day. All transfers through Online Banking after 6:00 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.
4.3 Notices and Communications.
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.
4.4 E-mail Communications.
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 855-273-3844 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.
4.6 No Waiver.
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.
4.8 Governing Law.
Regardless of where you live or work or where you access Online 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.
5.0 Funds Transfer Service For Accounts Subject To The Electronic Funds Transfer Act
Some of the transactions originated through Online 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 855-273-3844.
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.
Visa Check Card
- Additional Limited Liability for Visa 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 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. 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.
Contact in event of unauthorized transfer
- 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.
Error Resolution Notice
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.
P.O. Box 817
Joseph, OR 97846
Phone (855) 273-3844
Monday - Friday 8:00 AM to 5:30 PM