Personal Online Banking Agreement
You have a choice of whether or not to “Accept” the terms and conditions of this Personal Online Banking Agreement (“Agreement”). IF YOU CHOOSE TO CLICK “ACCEPT”, YOU REPRESENT THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. If you do not click “Accept”, you have chosen not to accept the terms and conditions of this Agreement and your access to Personal Online Banking Services will not be activated.
Acceptance of this Agreement – You accept the terms and conditions of this Agreement, as well as any amendments that may be made to this Agreement from time to time, not only by clicking "Accept" when you enroll in Personal Online Banking Services (“Online Banking Services” or “Services”), but also by using the Services. The Account(s) that you access using the Online Banking Services also are subject to the terms and conditions of all agreements and disclosures that have been provided to you in connection with any Account(s) accessed through the Online Banking Services, as supplemented and modified by this Agreement, and as those agreements and disclosures may be amended from time to time. For deposit accounts, this includes, but is not limited to, the Understanding Your Deposit Account Agreement & Disclosure or other deposit account agreement for your deposit accounts, including the Schedule of Fees and Minimum Balances and any other addendums and additional disclosures and agreements (collectively, “Deposit Account Agreement”) related to your deposit accounts. For loans and lines of credit, this includes, but is not limited to, any credit agreement, note, or other loan agreement, including any addendums and additional disclosures, agreements, and other documents (collectively, “loan agreement”) related to your loan or line of credit. If there is a conflict between the terms and conditions of this Agreement and those contained in the other agreements between you and us, this Agreement will control. This Agreement will be effective as of the first day we make the Online Banking Services accessible to you.
Bill Pay Services - This Agreement includes the terms and conditions for using our Bill Pay Services. Your use of Bill Pay Services will constitute your acceptance and agreement not only to Bill Pay Services Terms and Conditions included in this Agreement, but also to all of the other terms and conditions included in this Agreement.
Other Online Banking Services. If you enroll in any supplemental services offered through our Online Banking Services, including but not limited to the People Pay Services and the Mobile Banking Services, you understand and agree that your use of any such additional services is subject to the terms and conditions of this Agreement as well as any addendums or other agreements that are specific to such services.
NOTICE TO CONSUMERS: This Agreement includes disclosures applicable to consumers as required by consumer laws and regulations. Please read this document carefully and keep a copy for your records.
ELECTRONIC COMMUNICATIONS DISCLOSURE AND CONSENT. This disclosure and consent applies to all agreements, documents, disclosures, notices, periodic statements, and other information and communications from us (“documents”) related to your Account(s) and to any other products or services accessible through the Online Banking Services.
Once you have enrolled in the Online Banking Services, periodic updates to this Agreement and other disclosures or documents related to your Account(s) will be provided electronically only. By clicking “Accept” for this Agreement, you also are providing your affirmative consent to receive all documents and disclosures related to your Account(s) electronically only (“electronic documents”).
To receive all documents electronically, you must have a working connection to the internet with e-mail capability and software that permits you to receive and access Portable Document format or “PDF” files with Adobe Reader 6.0 or higher.
You may request paper copies by sending your requests to the address provided below. Requests for paper copies of these documents may be subject to a fee, as disclosed in our Schedule of Fees and Minimum Balances. For example, if you request paper copies of your periodic account statements, you may be charged a “paper statement fee.”
We will send you an e-mail notification when electronic documents are available to view. You are responsible for updating your e-mail address. If you provide us with an invalid e-mail address, you will not receive e-mail notifications regarding electronic documents related to your Account(s). You may change your e-mail address(es) at any time by clicking Manage Contact Information from within the Online Banking system and entering your e-mail address in the E-e-mail Address field.
If your notification is returned, you are responsible for logging in periodically to view your electronic documents. If you are unable to view your electronic documents once you have logged in, please contact our Customer Support immediately.
If we change the minimum hardware or software requirements, we will send you a description of the new hardware and software requirements to the e-mail address you provide. If you are unable to receive electronic documents, you must notify the Bank at the phone number or address below. In the event you are unable to receive electronic documents, you will be released from this Agreement with no penalty. However, your enrollment in the Online Banking Services will be terminated. You may withdraw your consent for receiving electronic documents from us by contacting us at the phone number or address below.
1. Telephone us at 1-800-942-6222 during Customer Service hours; and/or
2. Write us at: Rabobank, Online Banking, P.O. Box 6002, Arroyo Grande, CA 93421-6002.
If you withdraw your consent for receiving electronic documents, your enrollment in Online Banking Services will be terminated because receipt of your documents electronically is required for Online Banking Services.
GENERAL TERMS –
Definitions. In this Agreement, defined terms have the meaning given to them. In addition:
Your “Account(s)” are any Eligible Account(s) you have designated as an account accessible through the Online Banking Services.
Your “available balance” and similar words mean the balance in your Account(s) as determined under our funds availability policy.
“Communication” means instructions and actions from you (or attributable to you under this Agreement or otherwise) received by us through the Online Banking Services.
Our current Customer Service hours are posted on our homepage at https://www.rabobankamerica.com/contact-us/personal.
Our current “cut-off hour” is 5:00 p.m. Pacific Time.
“Eligible Account(s)” include checking, money market, savings, and time deposits, and in some cases, loans and lines of credit.
Your “Security Codes” are the credentials (such as codes and passwords) that are associated with you and used by us to verify the authenticity of Communications from you. Security Codes are used to access Account(s) and to use the Online Banking Services. The Security Codes include any supplemental or alternative method we may offer or present to your from time to time for use in verifying the authenticity of Communications. The Security Codes also will include any supplemental authentication tools that you use.
The “Personal Online Banking Services”, “Online Banking Services” or “Services” are the online banking interface and the banking services described in this Agreement and include all supplemental Services offered through the online banking interface, including but not Bill Pay Services, the terms and conditions of which are included in this Agreement, and the People Pay Services and Mobile Banking Services, the terms and conditions of which are governed by this Agreement and by supplemental Addendums specific to those Services.
The words “we,” “us”, “our”, “Bank”, “Rabobank” and similar terms are used to refer to Rabobank, N.A. The words “you”, “your” and similar terms are used to refer to the person entering into this Agreement and to the each person who is an owner of or has an interest in an Account together with the owner’s authorized representatives.Agreement. Subject to our approval and to any limits we impose, you may access Eligible Accounts through our internet banking website to obtain the Online Banking Services. We may act on requests for information, or requests to facilitate any service requested on or associated with an Account, from any Account owner (including joint owners) or their authorized representatives. You are responsible for all transactions you authorize using the Online Banking Services. If you permit other persons to use your Security Codes, you are responsible for any transactions they conduct. Each time you use the Services or you permit any other person to use the Services, you are agreeing to the terms and conditions that we have set out in this Agreement, as amended from time to time, and to any instructional materials regarding the Services, including instructions appearing on a screen when using the Services.
Eligible Accounts. Eligible Account ownership must meet our authorized access requirements and must require only one signature for withdrawals. The Online Banking Services are offered only to individual residents of the United States who can form legally binding contracts under applicable law and who have an Account for which Online Banking access has been established. By using the Online Banking Services, you represent that you meet these requirements.
Accounts requiring more than one signature for withdrawals are not eligible for the Online Banking Services. We are not obligated to establish access to any or all of your Accounts, and not all Online Banking Services may be available with all Accounts. Some Services may not be available without special application to and approval by us, or may be limited to specific types of Accounts. Accessibility to Accounts may vary based on the Services you use.
In some cases, we may allow loans and lines of credit to be linked as Eligible Accounts, in which case you agree that the relevant credit agreement, note, or other documents are modified to the extent necessary to allow the transfers or other transactions that may be utilized through the Online Banking Services. You may not use the Online Banking Services to transfer funds to or from a Personal Reserve Account.
Certificates of deposit are time deposits for which penalties may be imposed if withdrawals are made before the certificate’s maturity date. For this reason, no online transactional activity is allowed on certificates of deposit, which are view only through the Services. In addition, you may not use the Online Banking Services to transfer funds into a Holiday Saver Account.
Waiver of Access Restrictions. Your Account(s) may be subject to access restrictions when you conduct transactions in person or when you are using systems other than with the Online Banking Services. If access restrictions exist, we are under no obligation to ensure that those access restrictions are applied, and you agree to waive those access restrictions for any transactions conducted through the Services. For example, if an Account requires more than one signature for withdrawals, that access restriction does not apply to transactions conducted through the Online Banking Services. We may limit or deny Services to you for any Account that is subject to access restrictions. Conversely, we may process your transactions based on Communications without regard to or any need to comply with access restrictions otherwise applicable to your Account(s).
Account Ownership/Accurate Information. You represent that you are the legal owner or an authorized user of the Account(s) and other financial information which may be accessed via the Online Banking Services. You represent and agree that all information you provide to us in connection with the Online Banking Services is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of using the Online Banking Services. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Account Review. You agree to check your statements and transactions regularly, to report any errors to us promptly, and to cancel immediately your participation in Online Banking Services, either through the Online Banking system, or by calling 1-800-942-6222, if you observe any material errors in the Online Banking Services. Sufficient Funds. You must have a sufficient available balance in your Account to cover the amount of any transaction that would be charged to that Account. Subject to limitations set out in this Agreement, you can request payments up to the amount of the available balance or available credit in your Account. We may hold (or “freeze”) funds at any time after you have initiated a Service for any reason, including as a means of reducing risks that there will be insufficient funds for completing the Service. If we do hold funds, we may treat the held funds as not available for other purposes, and reject other transactions (for example, checks or other transfer instructions) in any order we choose. Except to the extent restricted by law, in our discretion, we may allow overdrafts/overlimits or negative balances, but we may discontinue doing so at any time with or without prior notice to you. We may prevent or reverse any payments or other Services in any order that we choose as a means of preventing or recovering any overdrafts or other exposures. To the extent permitted by law, if you do not have a sufficient or available balance or credit, you may be charged an overdraft or other fee (such as fees for returned checks or other electronic items), as set forth in this Agreement and in the Schedule of Fees and Minimum Balances (which was provided to you previously and also is available on our website).
Computer Equipment and Software to Access the Services. You will provide, at your own expense, an internet connection, such as via a digital subscriber line (DSL) or other connectivity having equivalent or greater bandwidth and all other computer hardware, software, including but not limited to a compatible Web browser, and other equipment and supplies required to use the Services, all of which must satisfy any minimum requirements as may be necessary to use the Services as established from time to time. You will provide, or obtain from another party selected by you at your expense, support and maintenance of such internet connection and all other computer hardware, software, and equipment required to use the Services, including without limitation troubleshooting internet connectivity issues with your internet service provider (ISP), and we will not be responsible for such support and maintenance.
To use the Services, you must have sufficiently powerful computer hardware and appropriate software. At this time, this includes an internet browser that supports 128-bit encryption. Some Services may require you to download software from our website; in some cases, we may place software on your computer as part of our security and/or verification tools.
Security Code Credentials. During your enrollment for the Services, you are required to select or will be assigned certain numbers, codes, marks, signs, public keys, or other means of authenticating your identity and electronic communications in your name. You control the login name and password. These credentials, with the other components of your Security Codes, will give access to your Account(s) through the Services.
You agree to maintain the confidentiality of the Security Codes at all times. You agree not to write down your passwords or any other data related to the Security Codes and agree not to provide access to any portion of the Security Codes to anyone that you do not authorize to access your Account(s) through the Services. You agree to change all passwords with sufficient frequency so as to protect confidentiality.
You agree to log off at the end of each session to reduce the likelihood that anyone else can gain access to the Services through our website. If you are using a public or shared computer, you agree to close the internet browser after logging off, in order to further deter access.
If you permit any other person(s) or entity, including any data aggregation service providers, to use your Security Codes, or to access your Account(s) by other means, you are responsible for any transactions and activities performed from your Account(s) and for any use of your personal and account information by such person(s) or entity. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Online Banking website or the Services without your consent, you must inform us at once by calling us at 1-800-942-6222 during Customer Service hours.
From time to time, we may offer to you or require you to use additional authentication tools or methods or to install and use one or more fraud prevention services. If you choose not to implement such supplemental authentication tools or install such fraud preventions services, your access to some or all Services may be limited, suspended, or terminated. Except to the extent otherwise provided by law, by this Agreement, or by any addendum or other agreement related to the Online Banking Services, if you do not implement such supplemental authentication tools or install such fraud preventions services, you understand and agree that you have assumed the risk of any losses that could have been prevented if you had used the supplemental authentication tools or fraud preventions services.
Security of Data Transmission and Storage. You expressly acknowledge that any access to your Account(s) over the internet may not be secure and, as such, you assume the risk associated with unauthorized access to you Account(s) through the Online Banking Services resulting from such internet connectivity. You assume all risk that any information you download or otherwise store on your computer or any other electronic device used to access your Account(s) may be accessed by unauthorized third parties. We are not responsible for the security and confidentiality of information when you: (i) use internet connections to download your account information, in which case you acknowledge such connection may permit other persons to access the information being downloaded; or (ii) allow other persons access to your computer or any other electronic device used to access your Account(s). You agree that any account information that you download is done at your own risk and you are solely responsible for any damage that might occur to the computer or other electronic device to which you download any information, or any loss or corruption of data that might occur as a result of the downloading or storage of such information on your computer or other electronic device.
YOU AGREE TO TERMINATE THE ONLINE BANKING SERVICES IMMEDIATELY IN THE EVENT YOUR COMPUTER OR ANY OTHER ELECTRONIC DEVICE USED TO ACCESS YOUR ACCOUNT(S) BECOMES LOST, STOLEN, OR IS NO LONGER IN USE BY YOU.
E-Mail. Public e-mail transmissions may not be secure. We request that you do not send us or ask for personal, confidential, or sensitive information via any general or public e-mail system. You agree that we may respond to your e-mail communications by use of the Online Banking Services e-mail feature with regard to matters related to the Online Banking Services.
Messages sent to us through e-mail are not reviewed by Bank personnel immediately after they are sent. Rather, Bank personnel will review e-mail messages periodically throughout each business day. If immediate attention is required, you must contact us by telephone or in person or through some other procedure not using the Online
Banking Services. We may act on your e-mail messages if they are received in a manner and in a time that provides us with a reasonable opportunity to act. Unless otherwise provided in this Agreement, an e-mail message will not satisfy any requirement imposed on you to provide us with "written" notice.
User Conduct. You agree not to use Online Banking Services in any way, including but not limited to by making or receiving payments through any Services or by using the content or information delivered through any Services in or for any illegal, fraudulent, unauthorized, or improper manner or purpose. You further agree that you will use the Online Banking Services in compliance with all applicable laws, statutes, ordinances, rules, and regulations (collectively, “laws and regulations”), including all federal, state, local, and international laws and regulations applicable to internet, data, telecommunications, telemarketing, “spam,” and import/export controls, including U.S. Export Administration Regulations, all laws and regulations governing consumer protection, unfair competition, anti-discrimination, false advertising, and illegal internet gambling, and the sanctions laws administered by the Office of Foreign Asset Controls. Without limiting the foregoing, you agree that you will not use the Online Banking Services to make or receive any payments for or to transmit or disseminate any information related to:
(i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;
(ii) material or data that is illegal or material or data, as determined by us (in our sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, vulgar, offensive, or otherwise objectionable;
(iii) materials that are harmful to minors or excessive in quantity;
(iv) material or data that is fraudulent or involves the sale of counterfeit or stolen items, including, but not limited to, use of the Online Banking Services to impersonate another person or entity; (v) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related
(e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine, narcotics, or other controlled substances, or drug paraphernalia), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g., racist organizations), gambling-related (e.g., casinos, lotteries);
(vi) material or data related to or that constitutes money-laundering or terrorist financing; (vii) material or data related to or that constitutes “money service business” activities;
(viii) material or data that specifically mentions any internet service provider or copies or parodies the products or services of any internet service provider;
(ix) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system, data, or personal information;
(x) any material or information that is false, misleading, or inaccurate;
(xi) any material that would create liability for us, our affiliates, any of our service providers involved in providing Online Banking Services, or any other third party, or cause us to lose (in whole or in part) the services of any of our service providers;
(xii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of any third party.
You agree that you will not attempt to (i) access any Online Banking Services for which your use has not been authorized; (ii) use or attempt to use a third party’s account; (iii) use the Online Banking Services in such a manner as to gain unauthorized entry or access to the computer systems of others; (iv) interfere with or disrupt computer networks connected to the Online Banking Services or otherwise interfere, in any manner, with the provision of the Online Banking Services, the security of the Online Banking Services, or other customers use of the Online Banking Services, or otherwise abuse the Online Banking Services.
You also agree not to infringe or violate any third party’s intellectual property rights, including but not limited to copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any internet service provider or any of its clients or subscribers. No Commercial Use or Re-Sale. You agree that the Services are solely for the personal use of the individuals authorized to access your account information with us. You agree not to make any commercial use of the Services or resell, lease, rent, or distribute access to the Services.
Indemnification. In addition to any indemnification obligations you have under any other agreement related to you Account(s), and except to the extent expressly prohibited by applicable law, you agree that you will indemnify, defend, and hold harmless Rabobank, its affiliates, and licensors, and their respective directors, officers, shareholders, employees, and agents, against any and all third party suits, proceedings, claims, demands, causes of action, damages, costs, expenses (including reasonable attorneys' fees and other legal expenses), liabilities, penalties, fines, and other losses that result from or arise out of acts or omissions of yours, or any person acting on your behalf, in connection with your use of the Online Banking Services, including without limitation (i) your breach of any representation or warranty or your failure to comply with any other term or condition of this Agreement, any addendum to this Agreement, or any other agreements related to your use of the Online Banking Services; (ii) any modifications or changes you make, without our written consent, to the software, applications, or other equipment used for the Online Banking Services; (iii) any misuse of the Online Banking Services; (iv) your failure to comply with applicable state and federal laws and regulations; or (v) actions by third parties, such as the introduction of a virus, that delay, alter, or corrupt the transmission of information to us. Electronic Fund Transfers – Your Rights and Responsibilities. Except as expressly provided otherwise in this Agreement, this Electronic Fund Transfer disclosure does not apply to any accounts other than consumer accounts, as defined by federal Regulation E. This disclosure applies to all electronic funds transfers conducted for consumer accounts through the Online Banking Services, including electronic fund transfers conducted through Bill Pay Services, People Pay Services, and Mobile Banking Services.
Consumer Liability - Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe any part of your Security Codes, including your password, have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. 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, as applicable).
If you inform us within two (2) business days after you learn of the loss or theft of any part of your Security Codes, you can lose no more than $50 if someone used any part of your Security Codes without your permission.
If you do NOT tell us within two (2) business days after you learn of such loss or theft, and we can prove that we could have stopped someone from using your Security Codes without your permission if you had told us, you could lose as much as $500.
Also, if your periodic account statement shows transfers that you did not make, including those made by Security Code or other means, tell us at once. If you do not tell us within 60 days after the statement is made available to you electronically, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.
Contact In Event of Unauthorized Transfer. If you believe any part of your Security Code (including your password) has been lost or stolen, call or write to us at the telephone number or address listed in the section below entitled “Error Resolution”. You should also call the number or write to the address listed in the section below entitled “Error Resolution” if you believe a transfer has been made using the information from your check without your permission.
Transfer Types. You may use your Security Codes to:
(i) Make deposits to your Account(s).
(ii) Transfer funds between your Account(s) whenever you request.
(iii) Pay for purchases at places that have agreed to accept the Security Codes.
(iv) If you are enrolled in Bill Pay Services, pay bills directly from your Account(s) in the amounts and on the days you request.
(v) If you are enrolled in the People Pay Services, make payments to other parties directly from your Account(s) in the amounts and on the days you request.
(vi) Authorize a payee to make a one-time electronic payment from your Account(s) using information from your check.
(vii) Authorize a payee to initiate an electronic fund transfer to collect a charge in the event a check is returned for insufficient funds.
Transfer Limitations. For certain types of transfers from a money market or savings account, you are permitted to make only a limited number of transfers or withdrawals, or combination of them, per calendar month or statement cycle, to another Account or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction, including by check, draft, debit card, or similar order payable to third parties. Please see your Deposit Account Agreement for these transfer limitations.
Transfers made through Bill Pay Services are limited to a maximum of $25,000.00 for each transfer and to a daily maximum of $25,000.00 for all bill payments made using Bill Pay Services. Bill payments in the amount of $10,000.00 or greater will be processed by issuance of a paper check only.
Transfers made through the People Pay Services are limited to a maximum of $500.00 for each transfer and to a daily maximum of $500.00 for all transfers made using the People Pay Services.
Fees. If you exceed the transfer limitations noted above for money market or savings accounts, we may impose a fee, as disclosed in our Schedule of Fees and Minimum Balances, for the transfers that exceed the transfer limit.
We charge a fee of $.50 for each Account to Account payment made through the People Pay Services (as further described in the People Pay Services Addendum).
We do not charge fees for making any other electronic fund transfers. Other fees and charges associated with your Account(s) will continue to apply. Our fees and charges are shown on our Schedule of Fees and Minimum Balances (refer to disclosures previously provided and also available on our website).
Confidentiality. We will disclose information to third parties about your Account(s) and the transfers you make:
(i) Where it is necessary for completing transfers;
(ii) Where it is necessary for activating additional services;
(iii) In order to verify the existence and condition of your Account(s) to a third party, such as a credit reporting agency or Biller;
(iv) In order to comply with governmental agency or court orders; or (v) If you give us your written permission.
Our ability to disclose information about your Account(s) also is subject to our Privacy disclosures, as discussed in the Privacy and Confidentiality section of this Agreement.
Documentation. Periodic account statements will be made available to you electronically, as described in the Electronic Communications Disclosure and Consent section of this Agreement, according to the following time periods:
Checking Accounts. A monthly account statement will be made available to you for your checking accounts.
Savings and Money Market Accounts. A monthly account statement will be made available to you for your savings or money market accounts (unless there are no transfers in a particular month. In any case you will get the statement at least quarterly).
Loan and Credit Line Accounts. If we allow your loan and line of credit to be linked to Online Banking Services as an Eligible Account, a monthly account statement will be made available to you for that account.
Preauthorized Credits. If you have arranged to have direct deposits made to your Account at least once every 60 days from the same person or company, you may call us at 1-800-942-6222 to find out whether or not the deposit has been made.
Preauthorized Payments:
Right to Stop Payment and Procedure For Doing So. If you have told us in advance to make regular payments out of your Account, you can stop any of these payments. Here's how: Call us at 1-800-942-6222, or write to us at Rabobank, Bank Support, P.O. Box 6002, Arroyo Grande, CA 93421-6002 in time for us to receive your request three (3) business days or more before the date the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. Unless you notify us otherwise, we will treat your stop payment order as a request to stop payment on only one particular payment. If you want all future payments to a particular party stopped, you must specifically advise us of that intention. We will charge you for each stop payment order you give. Please see the Schedule of Fees and Minimum balances for the amount of the stop payment fee.
Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
Liability for Failure to Stop Payment of Preauthorized Electronic Transfer. If you order us to stop one of these electronic payments three (3) business days or more before the transfer is
scheduled to be made, and we do not do so, we will be liable for your losses or damages proximately caused by us.
Financial Institution’s Liability. If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(i) If, through no fault of ours, you do not have enough money in your Account to make the transfer.
(ii) If the transfer would go over the credit limit on your overdraft line (if applicable).
(iii) The computer or related system was not working properly and you knew about the breakdown when you started the transfer.
(iv) If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
(v) If your funds are subject to legal process or other encumbrance restricting the transfer. (vi) There may be other exceptions stated in this Agreement and in other agreements with
you.
Error Resolution. In case of errors or questions about your electronic fund transfers, you should notify us, as soon as possible, by calling us at 1-800-942-6222 during Customer Service hours, contacting us by using the Online Banking System’s e-messaging feature, or writing us at: Rabobank, Bank Support Department, P.O. Box 6002, Arroyo Grande, CA 93421-6002, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we provided you with 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 you send us the complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 business days 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.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your Account for the amount you think is in error.
An account is considered a new account during the first 30 calendar days after the account is established. An account is not considered a new account if each customer on the account has had, within 30 calendar days before the account is established, another account at the bank for at least 30 calendar days.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may request copies of the documents that were used in the investigation.
Privacy and Confidentiality. For consumer Accounts, all information gathered from you in connection with using the Services will be governed by the provisions of the What Does Rabobank, N.A. Do with your Personal Information notice (“federal privacy notice”) and the Important Privacy Choice for Consumers notice (“California
privacy notice”). All Accounts are governed by our Online Privacy Policy (which you agree to review by accessing it on our homepage at https://www.rabobankamerica.com/security-and-privacy/online-privacy). (For the purpose of this Agreement, the federal privacy notice, California privacy notice, and our Online Privacy Policy, as applicable, are collectively referred to as “Privacy disclosures”. You may view the federal and California privacy notices on our homepage at https://www.rabobankamerica.com/security-and-privacy/privacy-policy).
By “accepting” this Agreement, you acknowledge and agree that you have received the federal privacy notice and the California privacy notice, if applicable, and that you have reviewed our Online Privacy Policy, and you agree that your access or use of our website and the Online Banking Services constitutes your agreement to the terms and conditions of the applicable Privacy disclosures and our use of information gathered about you in accordance with those disclosures. Any or all of our Privacy disclosures may be revised from time to time. We may notify you of the changes by mail, e-mail, or by posting modified Privacy disclosures on our website. Your continued use of our website or any Services following such notification or posting will constitute your acceptance of the revised Privacy disclosures. Accordingly, please check our website regularly for revisions to the Privacy disclosures. In addition to the sharing of information as disclosed in the Privacy disclosures, we also may disclose information to third parties about your Account(s) if you give us your written permission to share such information.
Websites linked to our website may publish separate privacy and security policies in connection with your use of their sites and services. Please refer to the policies for those websites whenever you leave our website. We make no representation or warranty and assume no responsibility for the privacy or security policies for such linked websites.
Service Fees and Charges. Other than the fees disclosed for certain Bill Pay Services and certain People Pay transfers, as specifically noted in this Agreement and addendums relating to other services, at this time we do not charge a fee for using the Personal Online Banking Services. In the future, we may impose additional fees and charges for use of the Personal Online Banking Services. We will provide advance notice of these fees and charges to you if the law requires us to do so. By continuing to use the Services after you have been notified of such fees and charges, you agree to pay all fees and charges we impose. Any applicable fees will be charged regardless of whether the Services were used during the billing cycle.
All other fees and charges associated with your Account(s), as shown on our Schedule of Fees and Minimum Balances, will continue to apply. You authorize us to charge the designated Account and/or any other account you hold with us to cover your fees and charges. You also authorize us to charge you according to our then-current fee schedule.
You are responsible for any and all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider.
Transaction Cancellation Requests. You may cancel or edit any transaction (including recurring transactions) initiated through the Online Banking Services by following the directions within the Online Banking Services. There is no charge for canceling or editing a transaction before the transaction has begun processing. However, once the Online Banking Services has begun processing a transaction, that transaction cannot be cancelled or edited. For transactions by check, you may be able to use the Stop Payment Service, as discussed below, to request a stop payment on the check.
Stop Payment Service.
Check Stop Payments. You may use the Stop Payment Service within the Online Banking Services to request that we stop payment on a check issued on your Account(s) by completing the form presented as part of the Check Stop Payment Service and submitting all other required information to us (“Check Stop Payment Order” or “Order”). We must receive the Check Stop Payment Order in sufficient time to give us a reasonable opportunity to act on the Order prior to the time the check is presented for payment. You must give us timely, complete, and accurate information, including the check date, payee, exact amount of the check, check number, and reason for the stop request. Our system requires the accurate account number, payee name, and check number to detect the check during processing. If any information is incomplete or inaccurate, we will not be responsible for failing to stop payment on the check.
Requests received after our cut-off hour on a business day, or at any time on a day that is not a business day, may be deemed received the following business day. We will not be liable for any checks that are cashed or paid within 24 hours of receiving the Check Stop Payment Order. For significant or material items, contact us by coming to one of our branches or by telephone at 1-800-942-6222 during Customer Service hours in addition to using the Check Stop Payment Service. There will be a fee assessed for each Check Stop Payment Order whether or not we receive the request in time to place the Check Stop Payment. Please see the current Schedule of Fees and Minimum Balances for the amount of the Stop Payment fee.
A Check Stop Payment Order against a check is effective only against the check that is described in the Check Stop Payment Order and does not cancel or revoke any authorization for future or recurring payments or transfers by you to the same payee.
A Check Stop Payment Order is effective for six (6) months only and will expire automatically, at which time you are responsible for any renewal desired by you and the applicable fee for another six (6) month term. You understand that your Check Stop Payment Order is conditional and will not be effective if we have not had a reasonable opportunity to respond to your request, or if stopping payment may subject us to risk of loss or damages under any law or regulation (including clearing house or other processor rules). All Check Stop Payment Orders and renewals and revocations of Check Stop Payment Orders will be subject to our current policy on Stop Payment Orders as disclosed in your Deposit Account Agreement. We will not be liable for any damages, losses, costs, or other consequences resulting from your failure to request a Check Stop Payment Order within the time periods set forth in this Agreement.
Other Transactions. You may not use the Stop Payment Service to stop payment on any ACH transaction, point-of-sale transfer, or Bank checks you have purchased from us, or any check which we have guaranteed.
Alerts. You may have the ability to set up a notification (“Alert”) feature which is a convenience feature that permits you to request automated notification of specific situations. For example, you may request an Alert when an Account has reached a certain balance or a check has been processed. You may select the types of Alerts and other preferences that will determine, together with your Account data, the frequency of Alerts delivered to you. You may choose to have such Alerts delivered to you by e-mail, text message, or both. You are responsible for inputting accurate and complete information to set up the account Alerts. You assume all responsibility for the secure receipt of the Alerts and acknowledge that Alerts are not sent through a secure channel and may be intercepted or read by others. Alerts do not replace standard communications you receive from us concerning your Account(s).
Receipt of Alerts may be delayed or prevented by factor(s) affecting your internet service provider(s) or other relevant entities. We neither guarantee the delivery or the accuracy of the contents of any Alert. We will not be liable for losses or damages arising from (i) non-delivery, delayed delivery, or wrong delivery of any Alert; (ii) inaccurate content in an Alert; or (iii) your use or reliance on the contents of any Alert for any purposes. We reserve the right to terminate any request from you, for any Alert, at any time. The information in any Alert may
be subject to certain time lags and/or delays. There are certain Alerts generated by the Online Banking System that you cannot change, stop, or suspend. Other than these mandatory Alerts, you will have the ability to manage the types Alerts and you may stop or suspend the Alerts at any time.
Mobile Banking Services. To access and utilized the Mobile Banking Services, you will need to be approved by us and agree to the separate Mobile Banking Addendum, which may be accessed through a compatible and eligible wireless access device (“Wireless Access Device”). Some Services may be limited when you access our system using your Wireless Access Device. For example, you may not be able to place Check Stop Payments or create a new bill payment order.
People Pay Services. To access and utilized the People Pay Services, you will need to be approved by us and agree to the separate People Pay Services Addendum.
Hours of Operation. You will generally be able to use Services seven days a week, 24 hours a day. However, a Service may not be available due to system maintenance or circumstances beyond our control. Services may be added, cancelled, or limited at any time or from time to time, with or without cause or notice (except as required by law).
Communications After Cut-off Hour. We may treat a Communication we receive after the cut-off hour on a business day, or at any time on a day that is not a business day, as if it were received on the next business day. At our option, however, we may treat it as received the same day as the day of receipt. There may be a delay between the time when you send a Communication to us and the time we receive it.
Website or Online Banking Services Information and Content.
Website Information. We make every commercially reasonable effort to provide reliable information on our website. Due to the possibility of human and mechanical errors, as well as other factors, the site is not error-free, and all information is provided “as-is,” without warranty of any kind. We make no representation with regard to the information on our website and specifically disclaim any express or implied warranties to users or any third parties, including but not limited to, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
Third-Party Content, Linked Sites, and Advertisements. From our website, you may be able to access uploaded content provided or operated by third parties. Unless we tell you otherwise in writing, we do not operate or control any such content or any of the information, products, or services on such linked websites. You acknowledge and agree that: (i) you access such content and linked sites at your own risk; (ii) we make no representation or warranty, and assume no responsibility for, third-party content on our website or content on any linked site or the actions or omissions of its/their owners, operators, or providers; (iii) we make no endorsement of, and assume no responsibility for, content uploaded to our website or goods or services offered on or advertising on or by any other website; (iv) by using other websites and services, you may be exposed to content that is offensive, indecent, or objectionable; and (v) although we may have a contractual or other relationship with the operators of a linked website or the providers of content, we will not be responsible for the content, accuracy, integrity, availability, timeliness, or operation of their website or content.
We reserve the right, but have no obligation, to reject, move, or delete content that we, in our sole discretion, believe violates this Agreement, or contains content, including viruses, that may interfere with the operation of our website. We may, but have no obligation to, monitor, review content, and/or retain copies indefinitely of, uploaded content, message boards, chat rooms or other forums or messages posted at such locations, and to confirm their compliance with these guidelines. We will not have a duty to notify you about any inaccuracy, unreliability, ownership, incompleteness, or other problem that may be associated with third party content on our website, even if we have reason to know of its existence.
We have the right, but not the obligation, to disclose content to any third party if required by law or if we believe such disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect our rights, property, or personal safety, or those of third parties.
You agree to hold us harmless in connection with all of the foregoing.
Uploaded Content. We may receive, process, and make available to you, content that we receive from you and others. In this regard, we are merely a passive conduit for such content, although we reserve the right to block or remove any content that we believe violates this Agreement. We assume no responsibility for determining the accuracy, reliability, timeliness, ownership, legality, appropriateness, or completeness of any information that you or others provide to us, nor for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity contained in such information. We will not have a duty to interpret or evaluate any content transmitted to us or through our website or Services, except to the limited extent, if any, set forth in this Agreement. We will not be required (by means of any security procedure or otherwise) to detect errors or illegality in the transmission or content of any content we receive from you or third parties.
User Communication and Personalization Settings. Our website and Services may permit you to send or receive communications (such as e-mail, chat, newsgroups and the like) and to store content and personalized settings for various options. We are not responsible for any delay, deletion, alteration, mis-delivery, or failure to deliver or store any such communications, content, or settings.
Idea Submission. If you submit any materials or other information to any public areas of our website (such as bulletin boards, guest books, forums, wish lists, and chat rooms), you hereby grant us a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, sub-licensable, assignable, transferable, irrevocable license under copyright and patent, with the unrestricted right to use, sell, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any such materials and other information (including, without limitation, ideas for new or improved products and services) by all means and in any media now known or developed or commercialized in the future. In addition, you represent and warrant to us that you have the right to grant to us such a license.
Our Intellectual Property. You acknowledge and agree that the software and content used by us in the operation of our website and provision of the Services, and the copyright, patent, trademark, trade secret, and all other rights in and to the technology, software, content, designs, graphics, and trademarks included by us on our website and as part of the Services and our name and product names and the website’s URL (collectively, “Intellectual Property”), are owned by us and our licensors. As such, you will not gain any ownership or other right, title, or interest in or to such Intellectual Property by reason of this Agreement or otherwise.
You may not distribute, disseminate, use, reproduce, duplicate, copy, publish, sell, or otherwise transfer (i) the content or information found on our website or provided through the Services or any portion or element of the Services or the Intellectual Property; (ii) use of our website, Services, or Intellectual Property; or (iii) access to our website, Services, or Intellectual Property. Further, you may not (i) create derivative works of any portion or element of our website, Services, or Intellectual Property; (ii) reverse engineer, modify, alter, decompile, disassemble, or otherwise appropriate any of the Intellectual Property; (iii) deactivate or disable any password protection or other protection, security, or reliability technology we incorporate in our website or the Services; (iv) modify or erase any copyright or trademark notice we place at our website; (v) engage in the practice known as “screen-scraping” or otherwise attempt to, or actually, obtain copies of content provided at the site or a list of our content or site users, or use computer programs (sometimes known as “scrapers,” “spiders,” “robots” or “bots”) to systematically access and download data; (vi) access the Services by any means other than via our website; (vii) frame our website or any Intellectual Property; or (viii) use any circumvention tools, meta tags, or any other “hidden text” utilizing our name, trademark, URL, product name, or other Intellectual Property. You agree to comply with the terms of any license agreement we make available to you with any software.
Purchases. Our website or Services may permit you to purchase goods and services from various online or offline merchants, retailers, vendors, suppliers, services, or individuals (collectively, “Merchants”). The web pages from which you conduct such transactions may bear our logos, names, trademarks or service marks, or brand identity. Nonetheless, we have no responsibility for any of your transactions with any such Merchants, and make no guarantees, representations, or warranties regarding any of them. We are not responsible for any loss or damage you or anyone else incurs as a result of such transactions or Merchants.
Relationship to Third Party Agreements. You agree that, when you use the Online Banking Services, you remain subject to the terms and condition of your existing agreements with any unaffiliated service providers, including, but not limited your internet service provider. You understand that those agreements may provide for fees, limitations, and restrictions which might impact your use of the Online Banking Services. You agree to be solely responsible for all such fees, limitations, and restrictions. You also agree that only your internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems pertaining to your internet services with your provider directly.
Service Providers. We are offering you the Online Banking Services, including supplemental services such as Bill Pay Services, People Pay Services, and Mobile Banking Services, through one or more service providers that we have engaged to render some or all of the Services to you on our behalf. You agree that we have the right to delegate to such service providers all of the rights and performance obligations that we have under this Agreement. You further agree that our service providers (including any provider of software) may rely upon your agreements and representations in this Agreement, will be entitled to all rights and protections that this Agreement provides to us, and are intended third party beneficiaries to this Agreement, with the power to enforce these provisions against you, as applicable.
ONLINE BANKING SERVICES LIMITATIONS; WARRANTY DISCLAIMER – THE ONLINE BANKING
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO ACCURACY, TIMELINESS, OR COMPLETENESS OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF PROFITS, BUSINESS, OR DATA, EVEN IF WE OR OUR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OF THE ONLINE BANKING SERVICES.
The availability, timeliness, and proper functioning of the Online Banking Services depends on many factors, including your computer location, wireless network availability and signal strength, other internet connectivity issues, and the proper functioning and configuration of hardware, software, and your computer or other electronic access device. Neither we nor any of our service providers warrants the timeliness or availability of the Online Banking Services or that the Online Banking Services will operate without interruption or without defect or viruses. Neither we nor any of our service providers assume responsibility for the deletion, misdelivery, or failure to store any user or other data, communications, or personalization settings in connection with your use of the Online Banking Services.
Neither we nor any of our service providers assumes responsibility for the operation, security, functionality, or availability of any wireless network or other internet connectivity which you utilize to access the Online Banking Services. Your use of the Online Banking Services will be at your own risk. You agree to exercise caution when utilizing the Online Banking Services and to use good judgment and discretion when obtaining or transmitting information.
Bank’s Limited Liability. In addition to any other limitation on our liability provided in this Agreement or in any other agreement related to your Account(s), and except to the extent otherwise expressly prohibited by applicable law, neither we nor any of our service providers will be liable to you for any damages, losses, costs, or other consequences caused by or related to for any of the following:
(i) any action we take that is based on information or instructions that you provide to us;
(ii) your failure to give us complete, correct, or current account numbers or other information required to complete a payment, credit, transfer, or other transaction or your failure to promptly inform us of any inaccurate information about which you become aware;
(iii) your failure to properly follow any instructions related to use of the Online Banking Services;
(iv) your failure to schedule payments or transfers within the time periods set forth in this Agreement, an addendum to this Agreement, or any instructions provided for use of the Services, resulting in a payee not receiving a payment or transfer on or before its due date;
(v) your failure to implement any supplemental authentication tools or install fraud preventions services that we recommend or require;
(vi) a hold has been placed on your Account or access to your Account is otherwise blocked in accordance with banking policy;
(vii) any unauthorized actions initiated or caused by you or your agents;
(viii) the failure of third persons or vendors to perform satisfactorily, other than persons to whom we have delegated the performance of specific obligations provided in this Agreement;
(ix) any refusal of a financial institution from which a deposited item originates to honor that item for any reason (other than our breach of contract, gross negligence, or willful misconduct), including without limitation, that the deposited item was allegedly unauthorized, was a counterfeit, had been altered, or had a forged signature;
(x) your or any other party's lack of access to the internet or inability to transmit or receive data; (xi) failures or errors on the part of internet service providers, telecommunications providers, or any
other party's own internal systems;
(xii) your failure to follow or comply with the representations or warranties set forth in this Agreement; (xiii) viruses, worms, trojan horses, or other similar harmful components that may enter your computer
system;
(xiv) delays or losses of payments caused by the U.S. Postal Service or other delivery service.
BILL PAY SERVICES TERMS AND CONDITIONS – In addition to all other terms and conditions in this Agreement, your use of Bill Pay Services is subject to the following terms and conditions:
Bill Pay Definitions. The following definitions apply to Bill Pay Services:
"Biller" means the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic or paper bills, as the case may be.
"Billing Account" means the checking account from which all Bill Pay Services fees will be automatically debited.
"Bill Pay Services" means the bill payment services offered by Rabobank, N.A.
"Due Date" means the date reflected on your Biller statement for which the payment is due; it is not the late payment date or the date following the grace period.
"Payment Instruction" means the information provided by you to Bill Pay Services for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
"Payment Account" means the checking account from which bill payments will be debited.
"Scheduled Payment" means a payment that has been scheduled through Bill Pay Services but that has not begun processing.
"Scheduled Payment Date" means the day you want your Biller to receive your bill payment. If the day you want your Biller to receiver your bill payment is not a business day, you must select an earlier Scheduled Payment Date that falls on a business day.
Setting Up Billers. When you sign onto Bill Pay Services, you must establish your list of Billers. A Biller is anyone, including us, that you designate to receive a bill payment, provided that we accept the Biller for Bill Pay Services. If we accept the Biller, then the Biller will be placed on your authorized list of Billers. Each time you want to initiate a bill payment, the Biller must be on your authorized list of Billers. We reserve the right to refuse to approve a Biller and to otherwise prohibit payment to an unapproved Biller via Bill Pay Services.
All bill payments will be processed using the information you supply, and if the information you give to us is inaccurate or incomplete in any way, the bill payment may be delayed or misdirected. If Bill Pay Services provides you with a series of options regarding Biller address or location, you are responsible for correcting that information if such information does not agree with your records or with your particular bill. Bill Pay Services and others that handle your bill payment (including the Biller’s bank) are entitled to rely on information you supply, such as the Biller’s account number or the routing number of the Biller’s bank, even if the name you give to us and the number you give to us identify different persons.
Payment Account. When using Bill Pay Services, you must designate the Payment Account from which the bill payments are to be made, the complete name of the payee, your Payment Account number, the payee’s remittance address (exactly as shown on the billing statement or invoice), the amount of the payment, and the Scheduled Payment Date. The Scheduled Payment Date you designate must be a business day. By using Bill Pay Services, you agree that we can charge your designated Payment Account by electronic transfer, “no signature required,” or similar draft, or by debiting and remitting funds on your behalf.
Payment Scheduling.
One-Time Payment. You can use Bill Pay Services to make a one-time bill payment. A one-time bill payment will be processed on the Scheduled Payment Date, provided that the Scheduled Payment Date you select is a business day and you submit your one-time Payment Instruction prior to the cut-off hour for that date. If you submit your Payment Instruction after the cut-off hour for that date, then you must select a later business day as the Scheduled Payment Date.
Expedited Check. You may instruct Bill Pay Services to send an overnight check for delivery to a Biller on the next business day. The maximum payment you may make using an expedited check is $9,999.99. You will be charged a fee of $14.95 for each expedited check for which you provide a Payment Instruction. If you provide the Payment Instruction for an expedited check after 4:45 pm on a business day, or at any time on a day that is not a business day, we will consider that Payment Instruction to have been provided on the next business day. For example, if you provide the Payment Instruction after 4:45 p.m. on a Thursday, we will consider that Payment Instruction to have been provided on Friday, and the check will not be delivered to the Biller until the following Monday. You must provide Bill Pay Services with the mailing address to which the expedited payment is to be sent. The mailing address must be a street address. It cannot be a P.O. Box address.
