Terms and conditions
BILL PAYING AGREEMENT/DISCLOSURE ADDENDUM
This document supplements your Business Online Banking Agreement with First National Bank of Northern California. You may use First National Bank of Northern California’s bill paying service, Business Bill Pay, to direct First National Bank of Northern California (“Financial Institution”) to make payments from your designated checking account to the Payees you choose in accordance with this agreement. The terms and conditions of this Agreement are in addition to the Account agreements, disclosures and other documents in effect from time to time governing your Account (the Account Rules). "You" or "your" means each person who is authorized to use the service. "Payee" means anyone, including the Financial Institution, you designate and the Financial Institution accepts as a payee. HOW TO SET UP PAYEES/PAYMENTS Complete a bill paying enrollment form. IF YOU WANT TO ADD A NEW PAYEE, USE “SET UP ACCOUNTS/PAYEE” ON THE INTERNET OR SPEAK TO A SERVICE REPRESENTATIVE. You may add a new fixed payment to a Payee, only if the Payee is on your authorized list of payees, and by accessing the Service and entering the appropriate information. Most other additions, deletions, or changes can be made in writing or by using the Service. The Financial Institution reserves the right to refuse the designation of a Payee for any reason. Each Payee accepted by the Financial Institution will be assigned a payee code. You may pay almost any payee you wish. There are several restrictions: 1) The merchant must be located in the United States; 2) Payments may not be remitted to security companies such as Ameritrade for stock purchases or trade taxing authorities; and )3) Court directed payments are unauthorized (alimony, child support, or other court-ordered payments). Generally, payments may not be remitted to tax authorities or government and collection agencies. However, federal tax payments may be made by clicking on a button that will appear when you access online bill pay services and that will redirect you to a U.S. Government website (www.eftps.gov) through which payments may be made. Financial Institution is not responsible for any inability to access the U.S. Government Website for any reason or for the unavailability or malfunction of that website. A merchant is defined as anybody (company or individual) to whom you want to send money. The Financial Institution is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your Authorized Payee list. ACCESSING THE SERVICE When you complete your bill paying enrollment form, you will select a USER I.D. and Personal Identification Number (PIN). The Financial Institution will make every effort to accommodate your request. Each time you access the Service, you will be asked to enter your USER ID AND PIN. Correct responses will give you access to the Service. THE BILL PAYING PROCESS Single Payments A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s process date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is controlled by the financial institution, is currently 1:00 p.m. Pacific Time. A single payment submitted after the cut-off time on the designated process date will be processed on the following business day. If you designate a non-business date (generally weekends and certain holidays) as the payment’s process date, the payment will be processed on the first business day following the designated process date. Recurring Payments When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules: • If the recurring payment’s “Pay Backward” option is selected, the process date for the new occurrence of the payment is adjusted to the first business date prior to the calculated process date. • If the recurring payment’s “Pay Backward” option is not selected (or if the “Pay Backward” option is not available), the process date for the new occurrence of the payment is adjusted to the first business date after the calculated process date. Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date. For Single and Recurring Payments, YOU MUST ALLOW AT LEAST EIGHT (8) BUSINESS DAYS, PRIOR TO THE DUE DATE, for each bill payment to reach the Payee. Any bill payment can be changed or canceled, provided you access the Bill Pay Service prior to the cut-off time on the business day prior to the business day the bill payment is going to be initiated. You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all bill payments requested, as well as, any other payment obligations you have to the Financial Institution. The Financial Institution reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and the Financial Institution has not exercised its right to reverse or reject a bill payment, you agree to pay for such payment obligations on demand. You further agree the Financial Institution, at its option, may charge any of your accounts with the Financial Institution to cover such payment obligations. The financial institution reserves the right to change the cut-off time. You will receive notice if it changes. LIABILITY Without limiting the generality of any provisions of the Business Online Banking Agreement to which this Addendum iks attached, you are solely responsible for controlling the safekeeping of, and access to, hardware and software used to perform online bill pay functions, and to any information required to perform or authorize such functions, including but not limited to your Personal Identification Number (PIN), User ID, passwords, access codes, usernames, and the like (individually and collectively, the “Access Information”). You are solely responsible for selecting the individuals who will be authorized to possess and use Access Information and to initiate transactions hereunder. You are liable for all transactions you make, that you authorize another person to make (even if that person exceeds his or her authority), or that are made using accurate Access Information, whether or not the person using the accurate Access Information is in fact authorized or unauthorized. You acknowledge that Financial Institution cannot determine whether a person using accurate Access Information is in fact authorized by you, and you therefore agree to bear the entire risk of loss associated with any unauthorized access or transactions accomplished through use of accurate Access Information. Financial Institution may assume, without any duty whatsoever to inquire, that a person initiating transactions using accurate Access Information is in fact authorized to do so. You agree to defend, indemnify, and hold Financial Institution harmless from any claims, liability, or damages that may be asserted by you or by any third party in connection with transactions that were accomplished through the use of accurate Access Information but which you or a third party allege were unauthorized. If you want to terminate another person's authority, you must notify the Financial Institution and follow all instructions of the Financial Institution, which may include, but will not necessarily be limited to, changing your PIN. You are solely responsible for all transactions processed by the person whose authority you seek to terminate that are initiated prior to the time the Financial Institution receives notice of termination and has an opportunity to act on it. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. The Financial Institution is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment or if any of the information you submitted in connection with that Bill Payment, including but not limited to information identifying the payee or your account number with the payee, is inaccurate.. The Financial Institution is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Financial Institution's agent. In any event, the Financial Institution will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Financial Institution has knowledge of the possibility of them. The Financial Institution is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution's reasonable control. Amendment and Termination The Financial Institution has the right to change, amend, or add to the provisions of this Agreement at any time by notice mailed to you at the last address shown for the Account on the Financial Institution's records, by posting notice in branches of the Financial Institution, or as otherwise permitted by law. The Financial Institution has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to the Financial Institution. The Financial Institution is not responsible for any fixed payment made before the Financial Institution has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by the Financial Institution on your behalf. Fees Fees are listed in the Business On-Line Banking Agreement. Additional Charges for Customer requested Services These charges will only be assessed if you request one or more of the services listed here. There will be NO Charge for any item if needed to correct a Financial Institution error. Written Correspondence to Payee: $10.00 Per proof of Payment not necessitated by a dispute: $10.00 Payments returned due to customer error: $5.00 The Financial Institution reserves the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred.
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