This Agreement and Disclosure (“Agreement”) provides information about County Bank’s NetTeller and BillPaySM services (individually and collectively, the “Service”), and supplements the other agreements and disclosures contained in the County Bank Personal Deposit Account Disclosure and Agreement furnished in connection with your various accounts at County Bank (the “Bank”). This Agreement will become effective after you have printed, completed, signed and submitted a NetTeller Enrollment Form to the Bank. The provisions applicable to the Service apply only if you have applied for and received approval for the Service. Provisions not labeled or noted for NetTellerSM Service or BillPaySM Service apply to each Service. The internet is inherently insecure, and all data transfers can potentially be monitored and read by others. NetTeller’s encryption technology verifies the identity of both the data receiver and sender. However, the Bank cannot and does not warrant or guarantee that the use of this Service will not be monitored or read by others. 1. Application for Service. The Service will become effective after you have followed the instructions immediately above and the Bank has received and processed your application(s). We will notify you when all of this has occurred, by electronic mail (“e-mail”) sent to the address reflected on your NetTeller application. To use the Service, you must have one or more checking accounts with the Bank. While other accounts may be linked to the Service, one of these checking accounts must be designated as your “Primary Account” for NetTeller and/or BillPaySM transactions. 2. Equipment and Technical Requirements. The Service requires the use of a personal computer, a connection to the Internet by phone, cable or other means, an Internet service provider and secured Internet software (that is a “Browser”), and a printer that will enable you to print information and documents from the personal computer (collectively called your “PC”). Your browser must be Microsoft Internet Explorer® or an equivalent browser that supports 128-Bit Encryption. You are solely responsible for acquiring and maintaining your PC. 3. General Information about the Service. a) The Service is made available by the Bank through independent service providers with whom the Bank contracts. References to the “Bank” in this Agreement include the service provider if the Bank has delegated responsibility for the particular function to the service provider. However, the Bank will remain responsible for all tasks that fall on the Bank whether or not it delegates the task to the service provider. b) The Service will always be available to you, day or night, 7 days a week, although the Service may be temporarily unavailable when the Bank updates its records, undertakes system maintenance, or any unforeseen technical difficulties affecting your PC. c) NetTeller Service will enable you to do any or all of the following: i) Pay bills or otherwise send funds to designated recipients. ii) Make loan payments from checking or savings accounts. iii) Obtain and print account information, such as deposits, withdrawals, check images, statements and balances. Balance information may not include withdrawals or deposits made on the same business day. iv) Place stop order payments on check transactions.
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BillPaySM Service will allow you to access your Primary Account to: i) Pay bills or otherwise send funds to designated recipients. ii) Contact Metavante to stop payment on a transaction made under the BillPaySM Service (if you have activated that service). However, you may not use the Service to stop payment on a paper check or other item you have written or authorized without using the Service. iii) To obtain BillPaySM information, unauthorized transactions and the like, call Metavante. To report errors, contact County Bank. e) The Bank’s “business days” are Monday through Friday (except Bank holidays). General Authorization. By signing up for the Service, you will be authorizing the Bank to process all transactions initiated through the Service, and to deduct from your account all charges imposed by the Bank for the availability and/or your use of the Service. Because the Bank will not be able to determine whether or not you are the person who initiates a transaction it is imperative that you maintain the secrecy of your NetTeller ID and PIN. Any transactions made on the basis of the use of your NetTeller ID and PIN will be presumed to be yours and will be processed accordingly and will be deducted from your account in accordance with instructions given through the Service. See Section 11 below for more information regarding unauthorized transactions. NetTeller Transfers between Accounts. a) Transfers may be made between any of the accounts you designate for NetTeller access, in either direction. Each transfer would be from one of the accounts to another of the accounts. b) Federal Reserve Board Regulations restrict the number of “preauthorized transfers” from some deposit accounts. All transfers made through the Service are “preauthorized transfers” for this purpose. c) Transfers made through the Service before 6 p.m. on a business day will be effectuated as of 6 p.m. on that day. Transfers made after that time or on a nonbusiness day will be processed at 6 p.m. on the following business day. When effectuated, the amount will be simultaneously charged to the “from” account and added to the “to” account. Stop Payment Orders. All stop payment orders received by County Bank through the use of NetTeller will be governed by the provisions of the Uniform Commercial Code. Stop payment orders on checks will be in effect for only six (6) months. Stop payment orders are processed by computers; consequently, it is imperative that you provide the exact dollar amount of the item you wish not to be paid. Errors of as little as $.01 may result in the item being paid notwithstanding your stop payment order. Stop payments on all ACH transactions need to be placed by calling your banking office. BillPaySM Service. This section of this Agreement applies only if you activate BillPaySM Service for your account(s). a) Payments made through the BillPaySM Service will be made in United States Dollars and will be deducted from your primary checking account, usually within one or two business days of the payment date (the “payment date” is the date you direct the payment to be processed, not the date the payment is due). b) Each payee must appear on the payee list you establish through the Service. Instructions for adding a payee to the list are available through the Service. Certain payees are not or will not be eligible for BillPaySM through the Service, such as federal government agencies, and such other ineligible payees that the Bank may so designate from time to time. However, if the Bank nevertheless inadvertently or knowingly processes such items, they will be considered authorized by you to the same extent as would have been the case had the payee been eligible. d)
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c) The maximum payment you may make through the BillPaySM Service is $9,999 or the amount of available funds in your primary checking account on the payment date, whichever is lower. At the Bank’s option, but without any obligation to do so, larger items may be allowed, in which case they will be charged to your primary checking account in the same fashion as if the amount were within the allowed limit. d) Just as with payments you would make by check mailed to the payee, you must allow sufficient time for your payees to receive and process your BillPaySM payments before their due dates. BillPaySM requires sufficient time, under normal circumstances, for the payee to receive a payment following the processing date (typically 3 days for payments that will be made through an automated clearing house used by the Service or five days for payments that will be made through the Service by mail). If you properly schedule a payment with sufficient time, but the payment is not received by the payee or is received late, the Bank will assume responsibility for payment of any late charges you may incur. On the other hand, the Bank will not be responsible for such charges if you have not properly established the payee on your payee list, if you have not followed all BillPaySM payment instructions given to you by the Bank, if you do not allow sufficient time for the payment to reach the payee, if the payee does not timely process your payment following its receipt or if the Bank does not make the payment because on the processing date or on the date the Bank elects to deduct the amount of the payment, your account does not have sufficient funds to cover the payment. e) A written notice will be sent to you if the Bank is unable to process a transaction because of insufficient funds or for other reasons. You will be responsible for making alternate arrangements for the payment or for rescheduling the payment through BillPaySM. The Bank will not automatically resubmit a payment for you after funds have become available. f) Federal Reserve Board Regulations restrict the number of “preauthorized transfers” from certain deposit accounts. All payments made through the Service are “preauthorized transfers” for this purpose. g) The day a payment is sent is called the “payment date.” Payment dates must be business days, whether the payment will be processed by mail or automated clearing house. If the payment date you specify falls on a non-business day, the payment will be made on the following business day. i) For a payment to be made on a given payment date, the payment must be entered into the Service no later than by 8 p.m. the previous calendar day. This time is called the “cutoff time.” For example, the cutoff time for a payment to be made on Monday is 8 p.m. on the preceding Sunday; the cutoff time for a Friday payment is 8 p.m. on the preceding Thursday. ii) However, because no processing is conducted and no payments are made on holidays, if a payment is scheduled for a holiday or is to be made on the business day that follows a holiday, it must be entered into the Service by 8 p.m. on the business day prior to the holiday. h) You may be able to cancel or edit any payment made through the Service. Cancellations or edits must be accomplished prior to 8 p.m. on the calendar day before the business day on which the payment will actually be made after taking into account adjustments for holidays and weekends, as specified in 7.G. above. However: i) If a payment is to be made on a Monday and is entered into the Service before 8 p.m. on the preceding Friday, it will be too late to cancel or edit the payment unless it is done by 8 p.m. on the preceding Friday. On the other hand, such a payment entered in the Service after 8 p.m. on Friday and
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before 8 p.m. on the Sunday before the Monday payment date may be cancelled or edited up to 8 p.m. Sunday evening. ii) You may be able to cancel a payment after the times stated above by telephoning Metavante. But, the Bank cannot give any assurances that your cancellation or edit will be effective when attempted that late and in that manner. 8. Fees for Using the Service. Applicable fees regarding the Service will be charged to your primary checking account as outlined in the attached Schedule A. Other standard fees that may be payable in connection with transactions initiated through the Service, such as nonsufficient funds fees, are found in the Bank’s Services and Fees Schedule. 9. Documentation and Verification of Payments and Transfers. a) After you complete a transaction using the Service, you will receive a confirmation number for the transaction. b) You will receive a monthly account statement on your related deposit account established for using the Service. It will reflect all transactions initiated through the Service during the preceding monthly cycle. 10. Your Responsibilities Regarding IDs and PINs. You agree not to disclose or otherwise make any of your PINs or IDs available to anyone not authorized to sign on your accounts. Do not keep your PINs or IDs with or near your NetTeller or BillPaySM materials. For protection and security, memorize your PINs and IDs and destroy all written evidence of it. 11. Procedures for Lost or Stolen PINS or IDs or for Unauthorized Transactions and Your Liability. Tell the Bank AT ONCE if you believe your password or PIN has been lost or stolen or that someone has transferred or may transfer money from your account(s) without your permission. You should immediately call County Bank at (209) 725-4531 for any NetTeller discrepancies or Metavante services at (866) 211-1502 to report any BillPaySM discrepancies. However, if you are a business owner who is locked out by a password for any reason, only the business owner can call our Electronic Banking Department at 209725-4531 to have their password reset. The Bank will not reset a password for anyone other than the business owner. Please note that transactions initiated by someone to whom you have given your PIN or ID are not considered unauthorized transactions unless you have notified the Bank that transfers by the previously authorized person are no longer authorized. You also must follow the Bank’s instructions, at the time of your notification, which may include you changing your ID and/or password. Telephoning the Bank is the best way of minimizing your possible losses. You could lose all the money in your account, plus your maximum overdraft line of credit (if applicable). If you tell the Bank within 2 business days, your loss will be no more than $50 if someone used your ID or PIN without your permission. If you do NOT tell the Bank within two business days after you learn of the loss or theft of your password or PIN, and the Bank can prove the Bank could have stopped someone from using your ID or PIN without your permission if you had told the Bank, you could lose as much as $500. Business customers are governed by Section 21 below regarding Bank’s non-liability. If your statement shows transfers that you did not make, call the Bank at once. If you do not tell the Bank within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days especially if the Bank can prove that the Bank could have stopped someone from taking the money if you had told the Bank in time. If a good reason (such as a long trip or a hospital stay) kept you from telling the Bank, the Bank may extend these time periods.
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12. Procedures for Errors or Questions about Your Electronic Funds Transfers. If you think your statement is wrong, an error has occurred, or you need more information about an electronic funds transfer listed on your account statement, transaction receipt, or other documentation, you should telephone or write to your branch as soon as you can. a) The Bank must hear from you no later than 60 days after the Bank sent the FIRST statement on which the problem or error appeared. You will need to tell the Bank: i) Your name and account number. ii) Describe the error or transfer in question and explain, as clearly as you can why you believe it is an error or why you need more information. iii) Tell the Bank the dollar amount of the suspected error, and approximately when the error took place. If you tell the Bank orally, the Bank may require that you send your complaint or question in writing to the Bank within 10 business days. The Bank will investigate your complaint and generally will complete the Bank’s investigation within ten business days, and if an error has occurred, the Bank will correct any error promptly. If the Bank needs more time, however, the Bank may take up to 45 days to investigate your complaint or question. If the Bank does this, you will have the use of the funds in question after the 10 business days. If the Bank asks you to put your complaint or question in writing and the Bank does not receive it within ten business days, the Bank may not credit your account during the investigation. If the Bank decides that there was no error, the Bank will send you a written explanation within three business days after the Bank finishes the Bank’s investigation. You may ask for copies of the documents that the Bank used in the Bank’s investigation. If you need more information about the Bank’s error resolution procedures, call your local banking office. 13. The Bank’s Liability for Failure to Complete an Electronic Funds Transfer. If the Bank does not complete a transaction to or from your account on time or in the correct amount according to the Bank’s agreement with you, the Bank will be liable for your losses or damages only to the extent provided by law. However, there are some exceptions. For example, the Bank will NOT be liable: a) If, through no fault of the Bank, you do not have enough money in your account to make the transfer or complete the electronic transaction, or if the transaction would go over the credit limit of your overdraft line, if you have one. b) If the funds in your account are subject to an uncollected funds hold, legal process or other claim, or encumbrance restricting transfers. c) If circumstances beyond the Bank’s control (such as fire, flood, labor disputes, powers or computer failure) prevent the electronic transfer from being completed or made despite any reasonable precautions that the Bank has taken. d) If your account has been closed. e) If the Bank’s failure to complete the transaction is done to protect the security of your account. f) If the Service was not working properly, and you knew about the breakdown when you started the transaction. g) If the Bank does not receive proper and timely instructions regarding the transaction. h) If the transfer or payment information supplied to the Bank by you or by third parties is incorrect or incomplete. These are examples only, there may be other exceptions.
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14. Disclosure of Information about Your Account. Because the Bank respects your privacy, it generally holds information about your accounts, loans and other business with the Bank in the strictest confidence. However, there are instances when information about you or your transactions with the Bank may be provided to others. This may occur under any of the following circumstances: a) Information about you, your accounts, loans or other business may be shared throughout the Bank when it may be necessary or helpful in handling your business or in marketing other products or services the Bank may offer. b) Information about you, your accounts, loans or other business may be shared with others when it may be helpful in verifying or completing a transaction involving your account, such as one being processed through an ACH, an Automated Teller Machine or Point of Sale network, when a third party (such as a merchant or another financial institution) seeks information as to whether there are sufficient funds in your account to cover a transaction, or when a third party needs the information because it is performing functions on the Bank’s behalf. c) The Bank may verify information about your accounts, loans or other business you have with the Bank when the Bank is requested to do so by someone the Bank believes has a reasonable need for the information, such as when a prospective creditor seeks to confirm your deposits or loans with the Bank. d) The Bank is required to comply with a number of laws and regulations that require the Bank to furnish various reports to federal, state and/or local government officials regarding certain transactions or accounts. For example, the Bank must report to taxing agencies the amount of interest earned on certain accounts or paid on certain loans, and reports to governmental agencies are sometimes required regarding certain transactions involving large amounts of currency or foreign countries or persons or companies. Unfortunately, this is only a partial listing of some of the reports about the Bank’s customers and their business with the Bank that all other financial institutions must furnish to the government. The Bank must also respond to judicial and administrative subpoenas and similar legal processes that require the Bank to provide information or documents about your loans, accounts and other business with the Bank. e) The Bank routinely reports information about loans the Bank makes to credit bureaus, whether or not they are handled properly, and about deposit accounts that are not handled properly. f) If the Bank suspects that a crime involving you or your loan or account may have been or is about to be committed, the Bank may report the Bank’s suspicions and related information to appropriate public officials, whether or not local, state or federal laws require the Bank to do so. g) The Bank may have to contact a paying agent after the Bank becomes aware that the recipient or beneficiary of a recurring direct deposit has died or become incompetent. h) If you are a business, the Bank may share information about you and your relationship with the Bank in accordance with the Code of Ethics and Statement of Principles established by Robert Morris Associates. i) The Bank may share information with others if you or any other person with signing authority over your account gives the Bank oral or written permission to do so. j) Sometimes, the Bank sells business assets or a business line to another company. If your loan or account is included in that sale, the Bank may transfer to the buyer related information about you or the loan or account the Bank has sold.
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k) The Bank may seek information about you from others, such as credit bureaus, other financial institutions and other institutions, in connection with the opening or maintaining of your account, or your application for or maintenance or collection of a loan. l) The error resolution process described in Section 12 is not applicable to business customers. Business customers agree to indemnify and hold harmless the Bank for any losses or claims resulting from the use of this Service. 15. Change in Terms. The Bank reserves the right to change the terms and conditions of this Agreement by sending a notice of the change to the last address shown on the Bank’s records at least 21 days before the effective date of the change. Such changes may include modifications to or elimination of any of the terms stated in this Agreement or in any related material, such as the Bank’s schedule of fees and charges. They may also include the addition of new terms. Please note that prior notice of any such change need not be given where an immediate change in terms is necessary to maintain the security of your account(s). 16. Other Agreements. Except as otherwise stated in this Agreement, it does not alter or amend the terms or conditions of any other agreement you have with the Bank. 17. Cancellation. The Bank may cancel, modify or restrict the use of any EFT service or access upon proper notice. The Bank’s action can be immediate if the Bank believes such action is necessary to protect the security of the Bank or of your accounts. You may cancel any EFT service upon notice to the Bank, with or without cause. 18. Severability. If any part of this Agreement is found to be unenforceable, the remaining portions of the Agreement shall remain in full force and effect. 19. California Law. This Agreement will be governed by California and federal law. 20. Notices. from the Bank may be given to you: a) By mail addressed to the location then designated in the Bank’s records as your mailing address for your Primary Account. Unless the notice otherwise states, the notice will be effective on the day following its receipt. b) By electronic mail addressed to the electronic mail address then designated as such in connection with the Service. Your PC is capable of printing and you agree to print all such mail as soon as it is received. Unless the notice otherwise states, the notice will be effective on the day after the Bank sends it. c) By posting on our website, provided that we also notify you by e-mail that such a posting has occurred. Unless the notice otherwise states, the notice will be effective on the day after the Bank notifies you of its posting. 21. Business Accounts—Miscellaneous. If you are a business, or if your account is not primarily used for personal, family or household purposes, the limitations on liability described in Section 11 and Section 12 above, and the provisions in Section 13 regarding the Bank’s liability will not apply to you. Only one business entity per each NetTeller account is permitted.
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