Effective September 19, 2009
This Online Banking Agreement for Consumers ("Agreement") specifies the rights and obligations of Rabobank, N.A. and the Bank customer with
respect to use of the online banking services ("Online Banking Services") as described below. By using the Online Banking Services, you agree
to the terms and conditions provided herein. In this Agreement, the words "you," "your" and other similar terms refer to each person assigned
a Password to access the Online Banking Services, including any authorized user(s) of such Password. The words "Rabobank," Bank, "we," "us,"
"our" and other similar terms refer to Rabobank, N.A. The word "Payment" includes the Transfers, Bill Payments and Bill Presentment Services
The Online Banking Services allow you to:
- Perform account inquiries on checking, savings, certificates of deposit and loan accounts. (Note: The balance figure may not reflect
recent transactions, and may include funds which are not subject to immediate withdrawal).
- Transfer funds electronically between linked checking and savings accounts with us ("Transfers").
- Transfer funds electronically to your loan accounts from linked checking accounts with us ("Transfers").
- Initiate Bill Payments ("Bill Payments").
- Initiate Bill Delivery and Presentment ("Bill Presentment").
- Initiate check stop payment orders, subject to the conditions contained in the Bank's Understanding Your Deposit Account Agreement
- Initiate check reorders according to previously established style types and printed customer information.
- Send email messages to bank personnel.
Some portions of this Agreement apply only to consumer Services. If your Account is a non-consumer account, or if you use a Service
for a transaction not covered by the Electronic Fund Transfer Act and its implementing Regulation E, then some portions of this Agreement
may not apply to you or to the transaction. These inapplicable portions are labeled below as "For consumers:" or similarly designated as
applicable only to consumer services. Businesses may be required to sign a supplemental Online Banking Agreement for Businesses.
B. Access and Use Limitations
To use Online Banking, customers must have at least one deposit account with the Bank, which may include the following types of accounts:
Checking, Savings, Loan or a Certificate of Deposit. Accounts with access restrictions such as "two signatures required" should not be accessed
through Online Banking Services and you agree not to do so. Nevertheless, if you do, you agree that we may process the transaction without
regard to the restriction. That is, you understand that access to the linked accounts, including the ability to initiate Payments, will occur
without regard to any withdrawal restrictions otherwise applicable to the accounts. You agree that any arrangements with us to require one or
more authorized signatures for transactions involving your accounts do not apply to transactions using the Online Banking Services.
You will be responsible for acquiring, maintaining and operating the computer equipment located at your premises. Online Banking requires no
software installation, but minimum systems requirements do apply.
You'll need to have a PC with Windows XP or later operating system or a Mac with OS X or later, with one of the following Internet browsers:
- Internet Explorer 6 or later
- Apple Safari 3 or later
- Mozilla Firefox 3 or later
- You are responsible for all hardware, software, and connections required to use this service.
- For security reasons, you should keep your browser and operating system up to date with recent updates and security patches.
We highly recommended you install a personal firewall and anti-virus software with your internet connection to protect your
You may use the Online Banking Services virtually any time and from anywhere you have Internet access. However, given the unique nature of
the Internet, the Bank web site may be inaccessible from time to time for business or technical reasons. The Bank will not be responsible for
any losses or inconvenience caused by these temporary unavailability periods. Should the Online Banking Services be inaccessible, all banking
transactions will be conducted according to traditional branch level limits and account authorities.
Please note, if you do not use the Online Banking Service for 180 consecutive days, your access may be disabled and reenrollment will be
necessary to obtain a new User ID and Password.
C. Security Password
When you use the Online Banking Services, you will be required to establish a confidential code or password (the "Password"). You are
responsible for maintaining the confidentiality of the Password. You recognize that anyone with knowledge of the Password will be able to
access your accounts and initiate transactions.
You agree that we may send notices and other communications, including Password confirmations, to the current address shown in our records,
whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Rabobank,
N.A. will not be responsible or liable to you in any way if information is intercepted by an unauthorized person while it is in transit to your
address of record. You agree to: 1) keep your Password secure and strictly confidential, providing it only to authorized signers on your
account(s); 2) instruct each person to whom you give your Password that he or she is not to disclose it to any unauthorized person; and 3)
immediately notify us and select a new Password if you believe your Password may have become known to an unauthorized person. Rabobank,
N.A. will have no liability to you for any unauthorized payment or transfer made using your Password that occurs before you have notified us of
possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your Password even
without receiving such notice from you, if we suspect your Password is being used in an unauthorized or fraudulent manner.
By using Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that
are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we receive and implement in
compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable
opportunity to act on such notice).
D. Payment Services Limitations
The Payment Services are limited as follows:
- Transfers from Money Market & Savings Accounts. Federal regulation limits the numbers of preauthorized electronic funds transfers and
telephone transfers including Online Banking transactions from money market deposits and savings accounts. Transfers from a Money Market or
Savings deposit account to another account or to third parties by preauthorized, automatic, or telephone transfer or by check, debit card,
point-of-sale or similar order to third parties are limited to six per month or statement cycle.
- Transfers are permitted between your deposit accounts with us, but we reserve the right to decline any transaction (Transfers or deposits,
for example) that would result in an account balance of more than the Federal Deposit Insurance Corporation limit. We may accept deposits to
your account from any source and need not question the authority of the person to make the deposit. All deposits (including Transfers) are
subject to later verification, adjustment and collection by us.
- Payments will be directed to designated payees only to the extent that there are sufficient available funds (as more fully described in our
Funds Availability Policy) to cover the request and/or the Payment when made. We are not obligated to allow you to overdraw your account beyond
the balance and overdraft line of credit available. If we do allow an overdraft, we are not obligated to continue to allow you to do so.
- We may reject a Payment at any time, and from time to time, for any reason or for no reason. Except as otherwise imposed by law, we will
have no liability for refusal.
- If a Payment describes the beneficiary or beneficiary's bank inconsistently by name and account or bank number, execution of the Payment
request will occur on the basis of the account and bank number, even if it identifies a person different from the named beneficiary or bank,
and that your obligation to pay the amount of the Payment request to us is not excused in such circumstances.
- The Online Banking Services may not be used in violation of, and must comply with the laws of, the United States, including sanctions laws
administered by the Office of Foreign Asset Controls.
- You agree that we may seek to recover any Payment originated in error or by you in violation of any provision of this Agreement or otherwise
to prevent loss to us. You agree to assist us in loss mitigation efforts, including authorizing ACH debit or other reversing entries or
instructions in your name.
E. Online Banking Service Fees
You agree to pay any and all fees associated with other services utilized through Online Banking, if any, and in the "Understanding Your Deposit
Account Agreement and Disclosure" that you received. We reserve the right to change or add fees for Online Banking at any time. Advance notice of
new fees or fees changes will be provided if required by law.
F. Business Days
For purposes of this Agreement and Disclosure, our business days are Monday through Friday. Federal holidays are not included.
G. Business Hours
For purposes of this Agreement, our business hours are 9:00 a.m. to 4:00 p.m. on Monday through Thursday and 9:00 a.m. to 6:00 p.m. on Fridays.
All times are local times of Bank. Federal holidays are not included.
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 can call us at (800) 942-6222 to find out whether or not the deposit has been made.
Periodic Statements. You will get a monthly account statement (unless there are no transfers in a particular month. In any case, you will get
a statement at least quarterly). Statements are available electronically or by mail.
I. Liability for Unauthorized Use
Tell us AT ONCE if you believe your Online Banking password has become compromised, or if someone has transferred or may transfer money
from your account without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in
your account(s) plus your maximum overdraft line of credit, if any.
Also, if your statement shows Payments that you did not make, tell us at once. If you do not tell us within 60 days after the statement was
mailed to you, you may not get back any money you lost 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.
For consumers: If you tell us within two business days, you can lose no more than $50.00 if someone used your password without your permission.
If you do NOT tell us within two business days after you have learned of the loss or theft of your Password, and we can prove that we could have
stopped someone from using the Password without your permission if you had told us, you could lose as much as $500.00.
J. How to Notify Us of an Unauthorized Payment or a Compromised Password
If you believe your Password has been compromised, or that someone has transferred money or may transfer money from your account without your
permission, call: (800) 959-2399 during regular business hours, or write: Rabobank, Operations Center, Bank Support Division, P.O. Box 1845, El
Centro, California 92244-1845.
K. Our Liability For Failure To Make Payments
For consumers: If we do not complete a Payment to or from your account on time or in the correct amount according to your instructions given
in accordance with this Agreement, we will be liable for losses or damages proximately caused by us. However, there are some exceptions. We will
not be liable, for instance if:
- Through no fault of ours, you do not have sufficient funds in your account to make the Payment.
- The Payment would go over the credit limit on your overdraft line.
- The Internet connectivity, or the system were not working properly, and you knew about the breakdown when you started the Payment.
- Circumstances beyond our control (such as fire, flood, or electronic failure) prevented the Payment, despite reasonable precautions
that we have taken.
- The Biller mishandles or delays a Payment sent by the Bank.
- You have not provided the Bank with the correct names or account information for those persons or entities to whom you wish to direct
- A court order or legal process prevents us from making a Payment.
- There may be other exceptions stated in our agreement with you.
L. Errors or Questions
In case of errors or questions about your Payments, telephone us at (800) 959-2399 during regular business hours, or write us at Rabobank,
Operations Center, Bank Support Division, P.O. Box 1845, El Centro, California 92244-1845 as soon as you can, if you think your statement is
wrong or if you need more information about a Payment listed on the statement. We must hear from you no later than 60 days after we sent the
FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you
- Tell us the dollar amount of the suspected error.
- The name of the Biller if the transaction in question is a payment.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
For consumers: We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do
this, we will provisionally credit your account within ten (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 ten (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 ninety (90) days to investigate your complaint or question. For new accounts, we may take up
to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three business
days after completing our investigation. If we decide that there was no error, we will charge your account for any provisionally credited
amount and send you a written explanation. You may ask for copies of the documents that we used in our investigation.
It is our general policy to treat your account information as confidential. For consumers: we will disclose information to third parties
about your account or the transfers you make:
- Where it is necessary for completing transfers, or
- Where it is necessary for activating additional services, or
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
- To a consumer reporting agency for research purposes only, or
- In order to comply with a governmental agency or court orders, or
- If you give us your written permission.
N. Payment Amendments and Cancellations
You may not amend or cancel a Payment Order after it has been received and processed by us.
O. Preauthorized Payments (For Consumers)
Right to Stop Payment and Procedures 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 (800) 942-6222, or write to us at Rabobank, Operations Center, Bank Support Division, P.O.
Box 1845, El Centro, California 92244-1845 in time for us to receive your request 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.
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 Transfer. For consumers: If you order us to stop one of these payments 3 business
days or more before the date the payment is scheduled and we do not do so, we will be liable for your losses or damages proximately caused
P. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD
PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE AND OUR SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT
(INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WE AND OUR SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS,
OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSEE OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS.
The foregoing does not limit rights that may not be waived or modified under laws applicable to you or your transactions, and some
jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
Q. Bill Payment
"Bill Pay Service" means the Bill Payment Service. "Biller" is the person or entity to which you wish a Payment to be directed or
is the person or entity from which you receive electronic bills. "Payment Instruction" is the information provided by you to the
Service 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" is the account from which Bill Payments will be debited. "Billing Account" is the account from which
all Service fees will be automatically debited. "Scheduled Payment Date" is the day you want your Biller to receive your Bill Payment
and is also the day your Payment Account will be debited (unless the Scheduled Payment Date falls on a non-business day in which case
it will be considered to be the prior business day). "Due Date" is the date reflected on your Biller statement for which the payment
is due. It is not and does not include any late date or grace period. "Scheduled Payment" is a payment that has been scheduled through
the Service but has not begun processing.
Bill Payment Scheduling
The scheduled delivery date is the date you enter for the payment to be delivered to the Biller. For payments made by electronic
transmission or corporate check, the payment amount will be debited from, or charged to the account that you designate on the scheduled
delivery date. If the scheduled delivery date is a weekend or non-bank business day, then the delivery date will be the prior bank
When you attempt to schedule a payment, we will inform you of the earliest available delivery date. To assure timely payment and
obtain the full benefit of the Service Guarantee, you must schedule payments and your account must be in good standing at least four
(4) bank business days before the payment due date. If you do not, or if for any reason your account is not in good standing, you will
be fully responsible for all late fees, finance charges or other action taken by the Biller.
The Service Guarantee
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial
institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late
payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with
the guidelines above under "Bill Payment Scheduling."
Payment Authorization and Payment Remittance
By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service
to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and
effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives. When the Bill Payment
Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that
the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Bill Payment
Service to credit your Payment Account for payments returned to the Bill Payment Service by the United States Postal Service or Biller,
or payments remitted to you on behalf of another authorized user of the Bill Payment Service. The Bill Payment Service will use its best
efforts to make all your payments properly. However, the Bill Payment Service shall incur no liability and any Service Guarantee shall be
void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the circumstances
described in Section K. above or described as follows:
- If, through no fault of the Bill Payment Service, your Payment Account does not contain sufficient funds to complete the
transaction or the transaction would exceed the credit limit of your overdraft account;
- The payment processing center is not working properly and you know or have been advised by the Bill Payment Service about the
malfunction before you execute the transaction;
- You have not provided the Bill Payment Service with the correct Payment Account information, or the correct name, address, phone
number, or account information for the Biller; and/or,
- Circumstances beyond control of the Bill Payment Service (such as, but not limited to, fire, flood, or interference from an outside
force) prevent the proper execution of the transaction and the Bill Payment Service has taken reasonable precautions to avoid those
Provided none of the foregoing exceptions are applicable, if the Bill Payment Service causes an incorrect amount of funds to be removed
from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment
Instructions, the Bill Payment Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for
directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
We reserve the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but
may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.
The current status of all bill payments may be viewed using the Bill Payment Service. This includes scheduled payments, in-process, and
processed payments. Processed payment inquiries may also be sent via the Bill Payment Service to the Electronic Banking Department using the
"Inquire About this payment" link on the Payment Activity detail screen.
Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (including recurring payments) by following the on-line directions within the Bill Payment
application. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Payment Service has begun processing a payment
it cannot be cancelled or edited, therefore a stop payment request must be submitted if applicable or allowed by contacting the Electronic
Banking Department at 800-959-2399.
Stop Payment Requests
The Bill Payment Service's ability to process a stop payment request will depend on the payment method and whether or not a check has
cleared. The Bill Payment Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been
processed. If you desire to stop any payment that has already been processed, you must contact the Electronic Banking Department at
800-959-2399. Although the Bank and Bill Payment Service will make every effort to accommodate your request, the Bank and Bill Payment
Service will have no liability for failing to do so. The Bank or Bill Payment Service may also require you to present your request in
writing within fourteen (14) days.
Payments to Billers outside of the United States or its territories are prohibited through the Bill Payment Service.
Tax payments and court ordered payments are possible in that they may be scheduled through the Bill Payment Service. However, you agree
not to use the Service to make them. Such payments are discouraged and must be scheduled at your own risk. In no event shall the Bill Payment
Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to
any late payment related changes is void when these types of payments are scheduled and/or processed by the Bill Payment Service. The Bill
Payment Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any
misapplied, misposted or misdirected payments will be the sole responsibility of you and not of the Bill Payment Service.
You agree to pay any and all fees associated with Bill Payment service utilized through Online Banking as outlined below and in the
"Understanding Your Deposit Account Agreement and Disclosure" brochure that you received. We reserve the right to change or add fees for Online
Banking at any time. Advance notice of new fees or fees changes will be provided if required by law.
|Bill Payment Monthly Service
||No access fee
|Bill Payment returned for non-sufficient funds
|Stop Payment placed on Bill Payment paper draft (with reissue)
|Bill Payment paper draft reissue
|Copy of Bill Payment paper draft
|Bank Statement Copy Request
|Check Copy Request (2 free copies per month)
R. Bill Delivery and Presentment
"Bill Presentment Services" means the Bill Delivery and Presentment Service. This feature is for the presentment of electronic bills
only. It is your sole responsibility to contact your Billers directly if you do not receive your statements.
In addition, if you elect to activate one of the Bill Presentment Service's electronic bill options, you also agree to the
Information provided to the Biller.
The Bill Presentment Service is unable to update or change your personal information such as, but not limited to, name, address, phone
numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally
it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's
information to gain unauthorized access to another person's bill.
Upon activation of the electronic bill feature the Bill Presentment Service may notify the Biller of your request to receive electronic
billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending
on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the
Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller
reserves the right to accept or deny your request to receive electronic bills.
The Bill Presentment Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within
the Bill Presentment Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole
responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to
periodically log onto the Bill Presentment Service and check on the delivery of new electronic bills. The time for notification may vary from
Biller to Biller. You are responsible For Ensuring Timely Payment of All Bills.
Cancellation of Electronic Bill Notification.
The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic Bill Presentment
at any time. The time frame for cancellation of your electronic Bill Presentment may vary from Biller to Biller. It may take up to sixty (60) days,
depending on the billing cycle of each Biller. The Bill Presentment Service will notify your electronic Biller(s) as to the change in status of
your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Bill Presentment Service will
not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of Electronic Bill(s).
You agree that we are not responsible for any damages you may suffer, and to hold us harmless, should the Biller fail to deliver your
statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from
the Biller directly.
Accuracy and Dispute of Electronic Bill.
We are not responsible for the accuracy of your electronic bill(s). The Bill Presentment Service is only responsible for presenting the
information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must
be addressed with the Biller directly.
Your Obligations to Billers are Unaffected
Neither this Agreement nor your use of the Bill Presentment Service alters your liability or obligations that exist (now or in the
future) between you and your Billers
S. Stop Payment on a Check
You may use the Service to submit a stop payment request on non-Bill Payment checks. For non-Bill Payment checks, you must follow the
conditions contained in our "Understanding Your Deposit Account Agreement and Disclosure." In general, this means you must provide complete
and accurate information in a timely manner regarding: the account number, the date of the item or check; the item or check number; the
EXACT amount of the item or check (dollars and cents); the Biller name. If any information is incomplete or incorrect, we will not be
responsible for failing to stop payment on the item or check. Stop payment requests which cover a range of checks or items that are missing
or stolen will be processed without regard to the dollar amount. We are not responsible for stop payment requests received for items or
checks that have already cleared or been paid from your account. Stop payment orders are effective for only six months unless renewed by you
prior to expiration of the original order. From time to time, the Services may be inoperable. If that occurs, your request can be communicated
to the Bank by telephone instructions. You agree that you will provide sufficient time for us to stop payment on an item following the receipt
of your stop payment request.
T. Service Fees and Additional Charges
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for
additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated
amount from your designated Billing Account (or any other account of yours housed at our Bank) for these amounts and any additional
charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. 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
U. Failed or Returned Transactions
In using some of the Services, you are requesting the Service to make payments for you from your Payment Account. If we are unable to
complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment
Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the
Service. In such case, you agree that:
- You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
- For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5%
monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
- You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
- You will assist the Bank in connection with any efforts by the Bank to recover any funds that have been sent;
- You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
- The Service is authorized to report the facts concerning the return to any credit reporting agency.
V. Cutoff Times
The following cutoff times pertain to specific Online Banking Service transactions. All times in this Agreement refer to local time of Bank.
Transactions received after the cutoff time or on a day that is not a business day will be processed the following business day.
||Real Time Processing. Transfers effected after 9:00 p.m. (PST) will be posted on the following business day.
||To ensure that payment is properly credited to your account prior to the payment due date; please allow at least four (4) business
days from the date payment is submitted for your payment to reach your merchant or vendor.
||Real Time Processing, but may be delays in acting on information (see Section S. above).
W. Provisionality of ACH Payments
A Receiving Depository Financial Institution ("RDFI") is the institution that receives ACH entries from the ACH Operator and posts them
to the accounts of its depositors ("Receivers"). You agree to be bound by the provision of the National Automated Clearing House Association
("NACHA") Rules making payment of a credit entry by the RDFI to the Receiver provisional until receipt by the RDFI of final settlement for
such credit entry. You understand that if final settlement is not received, the RDFI will be entitled to a refund from the Receiver of the
amount credited and you will not be deemed to have paid the Receiver the amount of the credit entry.
You agree that any payment by the Bank to you for any returned credit entry or credit reversal is provisional until receipt by the Bank of
final settlement for such entry. If final settlement is not received, the Bank is entitled to a refund from you of the amount credited and the
Bank may charge your account for the amount credited. The Bank may refuse to permit the use of any amount credited for a credit reversal if it
believes that there may not be sufficient funds in your account to cover chargeback or return of such reversal.
X. Offer of Online Banking Services through Affiliates or Third Parties
The Bank has the right to offer the Online Banking Services through an affiliate or unrelated third party. In order to provide the Online
Banking Services to you through this type of arrangement, you authorize the Bank to disclose information on your accounts and services to the
affiliate or third party who provides the Online Banking Services according to our Privacy Statement, which is available on our web site.
Changes to Agreement
We may change this agreement at any time. For example, we may add, delete or amend terms or services from time to time. In such event,
the Bank shall provide notice to you. Any use of the Service after the Bank provides you a notice of change will constitute your agreement
to such change(s). Further, the Bank may, from time to time, revise or update the applications, services, and/or related material, which may
render all such prior versions obsolete. Consequently, the Bank reserves the right to terminate this Agreement as to all such prior versions
of the applications, services, and/or related material and limit access to only the Bank's more recent revisions and updates.
Address or Banking Changes
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but
is not limited to, name, address, phone numbers and e-mail addresses. For changes to your Payment Account or any information other than your
email address within the Bill Pay Service, please contact the Electronic Banking Department at 800-959-2399. All changes made are effective
immediately for scheduled and future payments paid from the updated Payment Account information. The Bank is not responsible for any payment
processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service
via one of the following:
- Telephone us at 800-959-2399 during customer service hours; and/or
- Write us at: Rabobank, eBanking Department, P.O. Box 1845, El Centro, CA 92244-1845
Any Payment(s) the Bank has already processed before the requested cancellation date will be completed by the Bank. All Scheduled
Payments including recurring payments will not be processed once the Service is cancelled. The Bank may terminate or suspend Service to you at
any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement. You may terminate this Agreement
at any time by providing written notice to us.
We reserve the right to terminate this Agreement immediately, with or without cause, upon providing notice of such termination to
you. Any termination of this Agreement shall not affect any of your obligations arising prior to such termination, including but not limited to
any indemnification obligation that relates to action or inaction taken prior to termination.
We reserve the right to refuse to pay any Biller to whom you may direct a payment. The Bank will notify you promptly if it decides to
refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment
under this Agreement.
You understand that Billers, the United States Postal Service, or others involved in the handling of payments may return payments to the
Bill Pay Service for various reasons such as, but not limited to: Biller's forwarding address expired; Biller account number is not valid;
Biller is unable to locate account; or Biller account is paid in full. The Bill Payment Service will use reasonable efforts to research and
correct the returned payment and return it to your Biller, buy may not be able to do so or may be able to do so only after delay. You agree
that we are not responsible for losses or damages you may suffer as a result. We may at our option at any time simply void the payment and
credit your Payment Account, either with or without efforts to correct payment information. You may receive notification from the Bill Pay
Your enrollment on Online Banking Services may not be accomplished or may be rejected for any reason, including if the Service cannot
verify your identity or other necessary information. Through your enrollment on Online Banking Services, you agree and authorize the Bank
to obtain and review your credit rating through an authorized bureau. In addition, you agree that the Bank reserves the right to obtain
financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems
or for verification). You agree to assist us as we may request in these matters.
In the event of a dispute regarding Online Banking Services you and the Bank agree to resolve the dispute by looking to this Agreement.
You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Bank which supersedes any proposal
or prior agreement, oral or written, and any other communications between you and the Bank relating to the subject matter of this Agreement.
If there is a conflict between what an employee of the Bank or Customer Service Department says and the terms of this Agreement, this Agreement
You may not assign this Agreement to any other party. We may assign one or more of our obligations and/or this Agreement to others,
including independent contractors or third parties or any future direct or indirect affiliate.
The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the
Bank. No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies
or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the
provisions of this Agreement.
This Agreement shall be governed by and construed in accordance with federal law and (to the extent not preempted) the laws of the State of
California, without regard to its conflicts of law's provisions.
Public email 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 email system. You agree that we may respond to your email communications by use of the Online
Banking Service email feature with regard to matters related to the Online Banking Service.
While access to the Bank through the email function of the Online Banking Services is "on-line," messages sent to the Bank through
email are not reviewed by the Bank personnel immediately after they are sent. Rather, the Bank personnel will review email messages
periodically throughout each business day. If immediate attention is required, you must contact the Bank by telephone or in person or
through some other procedure not using the Online Banking Services. Your email messages may be acted upon by the Bank if received in a
manner and in a time providing the Bank a reasonable opportunity to act. Nevertheless, unless otherwise provided herein, email messages
will not serve as a substitute for any requirement imposed on you to provide the Bank with "written" notice.
Entire Agreement. This Agreement contains the entire Agreement between the parties with respect to the matters covered herein. No
other agreement, statement or promise made by any party hereto or by any employee, officer, or agent of any party hereto that is not
in writing and signed by the parties is binding.
Notices. Except as otherwise expressly provided herein, any notice or other communication required or permitted to be given under this
Agreement shall be written and delivered, or sent by United States registered or certified mail, postage prepaid, or by express carrier,
to your address as it appears on the Bank's computer file: OR, if to Bank, addressed to: Rabobank, Operations Center, eBanking Department,
P.O. Box 1845, El Centro, California 92244-1845; unless another address is substituted by notice delivered or sent as provided herein.
Except as otherwise expressly provided herein, any such notice shall be deemed given when sent or received by the Bank.
Severability. If any provision herein, or part thereof, is held to be invalid, illegal or unenforceable, the remainder of the Agreement,
or other parts or applications of such provisions, shall not be affected thereby.
Z. Electronic Consent
To receive this Agreement and other required disclosures electronically you must have a working connection to the Internet with
Upon enrollment periodic updates to this Agreement and other disclosures will only be provided electronically. 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 Research
fees as disclosed in the Understanding Your Deposit Account Agreement & Disclosures you received when you opened your account.
You may change your e-mail address(es) at any time by clicking on the Profile menu option from within the Online Banking System and
entering your email address in the E-mail Address field.
We will send you an e-mail notification when an updated Agreement and/or disclosures are available to view. You are responsible for
updating your e-mail address. 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 email 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 or consequence
to you and the paper documents will be mailed to you at the address we have on record for the account.
You may withdraw your consent for receiving electronic documents from us by contacting us at the phone number or address below. Upon
withdrawal, the documents will be sent in paper form to your address of record.
In the event you wish to cancel the Online Banking Service, you may contact customer service via one of the following:
- Telephone us at 800-959-2399 during customer service hours; and/or
- Write us at: Rabobank, eBanking Department, P.O. Box 6002, Arroyo Grande, CA 93421-6002
The Bank may terminate or suspend the Online Banking Service to you at any time. Neither termination nor suspension shall affect your
liability or obligations under this Agreement. You may terminate this Agreement at any time by providing written notice to us at the
address in section Z-Electronic Consent.#2.
We reserve the right to terminate this Agreement immediately, with or without cause, upon providing notice of such termination to you.
Any termination of this Agreement shall not affect any of your obligations arising prior to such termination, including but not limited to
any indemnification obligation that relates to action or inaction taken prior to termination.
Upon termination of the Online Banking Service, by you or by us, a new enrollment will be required to reinstate this service.
This agreement shall be governed by the laws of the United States and by the internal laws (but not the Law of Conflicts) of the State
of California to the extent applicable and by regulations of any governmental agency having jurisdiction over us. A determination that any
provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.
This Agreement supplements any other agreements or disclosures related to your account(s). If there is a conflict between this Agreement
and any others, or any statements made by employees or agents, the Deposit Agreement shall supersede.