Rabobank, N.A. Consumer Online Banking Agreement
Consumer Online Banking Agreement
This Consumer Online Banking Agreement (“Agreement”) includes certain disclosures for electronic transfers and transactions. This Agreement will be effective as of the first day we make the Services accessible to you.
NOTICE TO CONSUMERS: This Agreement includes disclosures applicable to consumers as provided under the Electronic Funds Transfer Act and its implementing Regulation E. Read this document carefully and retain a copy for your records.
This Agreement is in addition to other agreements between Rabobank, N.A. and you, including but not limited to (as applicable), your checking, savings, and other deposit account agreements, your overdraft protection, loan and line of credit agreements as each may be modified from time to time. 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.
General Terms -
Definitions. In this Agreement, defined terms have the meaning given to them. In addition:
- Your “Account” or “Eligible Account” is any deposit or loan account you have designated as the account accessible to the Services;
- Your “available balance” and similar words mean the balance in your Account as determined under our funds availability policy;
- “Communication(s)” means instructions and actions from you (or attributable to you under this Agreement or otherwise) received by us through the Services;
- 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 Accounts and to use the Services. The Security Codes include any supplemental or alternative method used to verify the authenticity of Communications that may be offered or presented to you by us from time to time;
- The “Service(s)” are the on-line banking interface and the banking services described in this Agreement;
- The words “we,” “us”, “our”, “Bank” and similar terms are used to refer to Rabobank NA; and
- 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 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. Each time you use our Services or you permit any other person to use our Services, you are agreeing to the terms and conditions that we have set out in this Agreement, including any instructional materials regarding the Services, as amended from time to time.
Eligible Accounts. Eligible Accounts ownership must meet our authorized access requirements and only one signature required for withdrawals. We are not, however, obligated to establish access to any or all of your Accounts, and not all 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.
Eligible Accounts include the following types: checking, money market, savings and time deposits. In some cases, we may allow loans and lines of credit to be linked, in which case you agree that the relevant loan agreement, note or other document is modified to the extent necessary to allow the transfers or other Services that may be utilized. Certificates of deposit are time deposits where early withdrawals may result. No online transactional activity is allowed on certificates of deposit, which are view only. Accessibility to Accounts may vary based on the Service(s) you use.
Sufficient Funds. You must have sufficient available balance in your Account to cover the amount of any transaction that would be charged to your Account. Subject to limitations set out in this Agreement, you can request payments up to the amount of 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. We may allow overdrafts/overlimits or negative balances, but we also may discontinue the practice at any time with or without prior notice to you. We may prevent or reverse any payments or other Service in any order that we choose as a means of preventing or recovering any overdrafts or other exposures. If you do not have 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 herein and in the Schedule of Fees (Refer to Disclosures previously provided and also available on our website).
WAIVER OF OTHER ACCESS RESTRICTIONS. Your Accounts may be subject to access restrictions when you conduct transactions in person or when you are using systems other than with a Service. If access restrictions exist, they do not apply to your use of the Services. We may limit or deny Services to you if there are 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 Accounts.
Compliance with Laws and Rules. You agree to comply with all state and federal laws, rules and regulations applicable to you and to your use of the Services (the “Laws”), including the operating rules of all systems used to provide Services to you (the “Rules”), and to provide evidence reasonably satisfactory to us of the same if requested by us. You agree not to use the Service for any illegal purpose, including but not limited to illegal Internet gambling. Without limitation, you agree and acknowledge that the Services may not be used by you in violation of the laws of the United States, including sanctions laws administered by the Office of Foreign Asset Controls.
Additionally, each Account and the Services will be subject to and governed by the following:
- The terms or instructions appearing on a screen when using a Service;
- Our “Understanding Your Deposit Account Agreement and Disclosure” and our rules, procedures and policies; and
- Applicable provisions of the rules of the National Automated Clearing House Association (NACHA) for bill payments facilitated through the ACH network.
Transfer Limitations. For certain types of transactions/transfers from a money market or savings account, you are permitted to make no more than six 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 by you and payable to third parties. If you exceed these limits, we may impose a fee, close or convert your Account, limit your use of the Services, or any combination of the foregoing, without prior notice to you.
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 Service, all of which must satisfy any minimum requirements as may be necessary to use the Service 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 Service, including without limitation troubleshooting Internet connectivity issues with your internet service provider (ISP), and we will not be responsible therefore.
To use the Services, you must have a 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. You agree to abide by the intellectual property rights of others with respect to all software used by you or us in connection with the Services; among other things, you will not transfer, use, copy, disseminate, reverse compile, modify or alter, or otherwise appropriate any software code or program except as allowed and for the purpose of performing approved Services. You agree to maintain the confidentiality of the Security Codes at all times and not to provide access to them to anyone that you do not authorize to access your Accounts through the Services. You expressly acknowledge that any wireless access to the Services initiated by you may not be secure and, in such cases, you assume the risk associated with unauthorized access to the Service and any information contained therein, resulting from such wireless connectivity.
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 and specifically disclaim any express or implied warranties to users of any third parties, including but not limited to, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
Privacy and Confidentiality - All information gathered from you in connection with using the Service will be governed by the provisions of our privacy statement, including the internet privacy statement which you agree to review by accessing on our homepage (for the purpose of this Agreement collectively, “Privacy Statement”).
In addition, we will disclose information to third parties about your account or the transfers you make-
- Where it is necessary for completing transfers, or
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
- In order to comply with government agency or court orders, or
- If you give us your written permission.
Your access or use of our website constitutes your agreement to the terms and conditions of our Privacy Statement, and our use of information gathered about you in accordance with that policy. Our Privacy Statement may be revised from time to time. We may notify you of the changes by mail, email, or by posting a modified Privacy Statement on our website. Your continued use of our website or any Service following such notification or postings will constitute your acceptance of the revised Privacy Statement. Accordingly, please check our website regularly for revisions to the Privacy Statement. Web sites linked to our website may publish separate privacy and security policies in connection with your use of their sites and services. Please refer to their rules whenever you leave our website.
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 logon name and password. These credentials, with the other components of your Security Codes, will give access to your Accounts through the Service. You agree to change all passwords with sufficient frequency so as to protect confidentiality.
You agree to keep all Security Codes confidential; you agree not to write them down. Passwords should not be easy to guess: for example, your children’s or pet’s names, birth dates, addresses or other easily recognized identification related to you. It is also recommended you do not have your browser automatically remember your password. 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 Code Credentials, or other means to access your accounts, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person(s) or entity. We may offer to you or require you to use additional authentication tools or methods from time to time. If you choose not to implement supplemental authentication tools, your access to some or all Services may be limited. The term “Security Codes” will include any supplemental authentication tools that are used by you.
Available Services and Cut-off Hours - Your approved Services will be identified at enrollment. The Services may include (subject to system limitations):
- 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 between linked Accounts (excluding certificates of deposit).
- You can instruct us to transfer funds electronically to your loan Accounts with us from your linked Accounts.
- Initiate bill payments (“Bill Payments”). You can make payments to others.
- Initiate bill delivery and presentment (“Bill Presentment”).
- Initiate check reorders according to previously established style types and printed customer information.
- Initiate check stop-payment instructions.
- Send e-mail messages to Rabobank personnel.
- If approved and you agree to the appropriate mobile banking addendum, use your compatible wireless access device to access the Services (“Mobile Banking Services”).
A Communication received by us after the cut-off time on a business day, or on a day that is not a business day, may be treated by us 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 can be a delay between the time when you send a Communication to us and the time we receive it. Our current cut-off hour for the Services is 5p.m. Pacific Standard Time.
E-Mail - 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.
Bill Payment Service -
Technical Requirements; Charging Accounts; Fees. When using the Bill Payment Service, you must designate the Account (“Bill Payment Account”) from which the Bill Payments are to be made, the complete name of the payee, your Account number and the payee’s remittance address (as exactly as shown on the billing statement or invoice), the amount of the payment and the date you want the payment to be processed from your Bill Payment Account (“Payment Processing Date”). If the Payment Processing Date you want the payment to be processed is not a business day, then your Bill Payment Account will be processed the next business day. By using the Bill Payment Service option, you agree that we can charge your designated Bill Payment Account by electronic transfer, “no signature required,” or similar draft, or by debiting and remitting funds on your behalf.
Payment Methods. We reserve the right to select the method in which to remit funds on your behalf to your Bill Payment payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.
Use of Vendors; Use of Information. We may use one or more bill payment vendor(s) to provide the Bill Payment Service, and you understand that various financial intermediaries and their servicers may be involved in processing any one of your Bill Payment instructions. These intermediaries may benefit from interest that accrues on Bill Payments between the time your Bill Payment Account is debited and the time the payee is paid. Any information you provide may be used by us or any of these other parties to complete or otherwise deal with your transaction or comply with any laws, rules or regulations. If there is a dispute between you and us, or either of Bank and any other person (including any merchant, payee, financial institution or other intended or actual recipient of any Bill Payment), you authorize us to obtain information regarding you, your Account and your bill payment obligations (or the absence of them) from any party that was involved in the transaction or that might otherwise assist in the resolution of the dispute or problem. This may include financial and other information.
Setting-Up Payees; One-Time and Recurring Payments. When you sign onto the Bill Payment Service, you must establish your list of payees. A payee is anyone, including us, that you designate to receive a Bill Payment; provided that we accept the payee for the Bill Payment Service. If we accept the payee, then the payee will be placed on your authorized list of payees. Each time you want to initiate a Bill Payment, the payee must be on your authorized list of payees. The Bill Payment Service may not be used to transfer funds to a recipient outside the United States.
We are not responsible if a Bill Payment is not made to a payee because you provided us with incomplete, incorrect or outdated information regarding the payee. Also, we reserve the right to refuse to approve a payee for your authorized list of payees and to otherwise prohibit payment to a payee via the Bill Payment Service.
One-Time Payment – You can use the Bill Payment Service to make a one-time Bill Payment. A one-time payment Bill Payment will be processed on the Payment Processing Date; provided that the Payment Processing Date selected by you is a business day and you submit your one-time Bill Payment instruction prior to the Bill Payment cut-off hour for that date. If you select a Payment Processing Date that is not a business day or submit your Bill Payment instruction after the Bill Payment cut-off hour for that date, then the Payment Processing Date will be the next business day.
Recurring Payments – You can use the Bill Payment Service to make recurring Bill Payments. The Bill Payment Service will allow you to schedule Bill Payment instructions that will cause a Bill Payment to be processed from the selected Bill Payment Account on your selected frequency on an ongoing basis. However, if the future Payment Processing Date is on a non-business day, then the new future Payment Processing Date will be the next business day.
Available Balance. Subject to payment scheduling requirements discussed below, for Bill Payment instructions, you will need to have a sufficient available balance in your designated Bill Payment Account to cover the amount of the Bill Payment on the Payment Processing Date. We may debit your Bill Payment Account as early as the Payment Processing Date. The payment may be debited from your Bill Payment Account on a later date in some cases. Whether the payment is debited on the Payment Processing Date, or at a later time, you agree that you must have sufficient available balance in your Bill Payment Account as of the Payment Processing Date and that amount must be retained in the Bill Payment Processing Account until the debit occurs. You can initiate Bill Payments up to the available balance in your Bill Payment Account, plus any linked credit or other overdraft facility (as applicable). If you exceed these limits, then we may prevent (or reverse) Bill Payments in any order and in any amount that we choose, even if the result is to reduce your transactions to a level below the amounts needed to pay your bills.
Non-Recommended Payees. Bank does not recommend that you use this Service to pay your federal, state or local taxes, courts or other governmental entities. We will not be liable for penalties, interest or other damages of any kind if you try to use the Bill Payment Service to remit or pay money for taxes, or to courts or governmental agencies.
Payment Processing Date. The Payment Processing Date is the date that we will initiate the Bill Payment. Bill Payments should be scheduled sufficiently in advance of the due date of your bill (“Due Date”) to allow the payee to receive it on the Due Date set by your payee and without taking into account any grace period that may be offered by your payee.
Scheduling Payments in Advance of the Due Date. When you attempt to schedule a payment, we will inform you of the earliest available delivery date. To assure timely payment, 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 payee.
Some companies you pay through the Bill Payment Service are not set up for electronic payment and therefore will receive a paper draft on your behalf. These paper draft payments can take up to fourteen (14) business days to process before the payee receives the payment. You are responsible for ensuring that you initiate a Bill Payment instruction in time for the payment to reach the payee before its Due Date (without taking into account any grace period). You must allow at least fourteen (14) business days, prior to the Due Date, for each Bill Payment instruction to reach the applicable payee. We are not responsible for any damages you may suffer if you do not allow at least fourteen (14) business days between the Payment Process Date and the Due Date of your bill or obligation, without counting any grace period offered by the payee.
Payment Methods. We reserve the right to select the method in which to remit funds on your behalf. These payment methods may include, but may not be limited to, an electronic payment, an electronic check payment (where the check is drawn off Bank’s third party service provider’s account), or a demand draft payment (where a negotiable instrument is created and drawn off of your Bill Payment Account).
Payment Changes and Cancellation. You may change or cancel a Bill Payment instruction via the Service as long as you submit the change or cancellation request by the Service cut-off time, prior to the Payment Processing Date for the Bill Payment instruction and you follow the Bill Payment instructions provided by the Bill Payment Service for changes and cancellations.
Accurate Information on Payees. The Bill Payment 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 the Service provides you with a series of options regarding payee address or location, you are responsible for correcting that information if such information does not agree with your records or with your particular bill. Bank and the others that handle your Bill Payment (including the payee’s bank) are entitled to rely on information you supply, such as the payee’s account number or the routing number of the payee’s bank, even if the name you give to us and the number you give to us identify different persons.
Payment Inquiries. 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.
Check Stop Payment Services - You may request a 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 the required information to us (“Check Stop Payment”). Check Stop Payments must be received by us in sufficient time prior to presentment of the relevant item for payment that we have a reasonable opportunity to act on the request. All Check Stop Payment orders, renewals and revocations of stop orders will be subject to our current policy on stop payment orders. Requests received after our cut-off hour or on a day that is not a business day may be deemed received the following business day. For significant or material items, contact us by coming to one of our branches or by telephone in addition to using the Services for Check Stop Payment. There will be a fee assessed for each Check Stop Payment request whether or not we receive the request in time to place the Check Stop 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 exact amount of the check 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.
You may use the Check Stop Payment Service to stop payment on a single or range of checks that you have written against your Accounts. If you wish to change or cancel any other Service transaction (for example, the Bill Payment Service), you must use the process applicable to that Service and you will be subject to any limitations or inability to stop Service transactions applicable to that process.
You may not use the Check Stop Payment Service to stop payment on any ACH/EFT transaction, point-of-sale ACH/EFT transfer; or Bank checks you have purchased from Bank or any check which we have guaranteed. You understand that your Check Stop Payment request is conditional and will not be effective if we have not had a reasonable opportunity to respond to your request, or that stopping payment may subject us to risk of loss or damages under any law or regulation (including clearing house or other processor rules).
A Check Stop Payment request against a check is effective only against the check that is described in the Check Stop Payment request form; and does not cancel or revoke any authorization for future or recurring ACH/EFT transfers by you or by the same biller or originator. 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 applicable fee for another six (6) month term.
Mobile Banking Feature – To access and utilized the Mobile Banking Feature 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.
Email Alert – You may have the ability to set up an account email 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 are responsible to input accurate information to set up the account notifications. Alerts do not replace standard communications you receive from us concerning your accounts. Receipt of Alerts may be delayed, or prevented by factor(s) affecting your Internet service provider(s), and 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 (a) non-delivery, delayed delivery, or wrong delivery of any Alert: (b) inaccurate content in an Alert; (c) 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. You will manage the types and timing of your Alerts, and the Alerts may be stopped or suspended by you at any time.
Preauthorized Payments –
Right to Change, Cancel or 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 at1 (888) 945-6600, 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 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 Electronic Transfer. If you order us to stop one of these electronic payments three 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.
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 (“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 following:
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.
Activation. 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.
Notification. 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.
Automated Clearing House Entries - Electronic payments or transfers (collectively “payment”) that are made through the ACH are subject to the rules of the ACH, and you agree to be bound by the Operating Rules of the ACH, including the rule making payment to the payee provisional until receipt by the payee’s bank of final settlement of the credit transaction. If final settlement is not received, you will not be deemed to have paid the payee the amount of the electronic bill payment. Furthermore, you agree that any payment by us to you for any returned credit entry or credit reversal is provisional until receipt by us of final settlement for such entry. If final settlement is not received, we are entitled to a refund from you of the amount credited and we may charge your account for the amount credited. We may refuse to permit the use of any amount credited for a credit reversal if we believe that there may not be sufficient funds in your account to cover charge back or return of such reversal.
Consumer Liability - Tell us AT ONCE if you believe any part of your Security Code, including your password, has 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 business days after you learn of the loss or theft of any part of your Security Code, including your password, you can lose no more than $50 if someone used your Security Code without your permission.
If you do NOT tell us within two business days after you learn of the loss or theft of any part of your Security Code, including your password, and we can prove that we could have stopped someone from using any part of your Security Code without your permission if had you told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available to you, you may not get back any funds you lost after the 60 days if we can prove that we could have stopped someone from taking said funds if you informed us in time. If a good reason (such as a long trip or a hospital stay), kept you from telling us, we will 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:
1 (888) 945-6600
or write: Rabobank, Bank Support, P.O. Box 6002, Arroyo Grande, 93421-6002
You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
Error and Questions - In case of errors or questions about your electronic transfers, telephone us at 1 (888) 945-6600 or write us at: Rabobank, Bank Support, P.O. Box 6002, Arroyo Grande, 93421-6002, as soon as you can, 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 sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe of 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.
- 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 ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If more time is needed, however, we may take up to forty-five (45) days to investigate a complaint or question. If we decide to do this, we will 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 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.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may request copies of the documents that were used in the investigation.
Service Fees and Charges - Our fees and charges are shown on our Schedule of Fees and Minimun Balances (Refer to Disclosures previously provided and also available on our website). At this time, we do not impose fees for the electronic fund transfer services provided under this Agreement. We may impose new fees and charges, or increase or change existing fees and charges. We will provide advance notice of these changes to you if required by law. Other fees may be assessed and billed separately by your internet and/or telephone service provider. You agree to pay all fees and charges we impose. 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.
If you do not use this Service for any twelve-month period, we reserve the right to discontinue your Service without notice to you. To the extent permitted by law, you give us the right to set off any of your money or property which may be in our possession against any amount owed to us under this Agreement. This right of set off does not extend to any Keogh, IRA account, or similar tax-deferred deposit.
Business Days - Our business days are Monday through Friday. Saturdays, Sundays or bank and federal holidays are not included.
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).
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:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- The transfer would go over the credit limit on your overdraft line (if applicable).
- Circumstances beyond our control (e.g., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
- The computer or related system was not working properly and you knew about the breakdown when you started the transfer.
- Your funds are subject to legal process or other encumbrance restricting the transfer.
There may be other exceptions stated in this Agreement and in other agreements with you. For example, you agree that we will not be liable for viruses, worms, trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site. We will not be responsible or liable for any indirect, incidental or consequential damages that may result from such harmful components. We will not be liable for delays or losses of payments caused by the U.S. Postal Service or other delivery service.
WE MAKE NO WARRANTY TO YOU REGARDING ANY SERVICE OR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR
Ownership of Material - The reproduction or distribution of the content and information on our site is strictly prohibited.
Documentation - You will get a monthly account statement (unless there are no transfers in a particular month). In any case, you will get the statement at least quarterly.
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 1 (888) 945-6600 to find out whether or not the deposit has been made.
Uploaded 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, content on our website and 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. You agree to hold us harmless in connection with all of the foregoing.
We reserve the right, but shall 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, and/or retain copies indefinitely of, uploaded content, message boards, chat rooms or other forums or review content, or messages posted at such locations, to confirm their compliance with these guidelines. We shall have the right, but not the obligation, to disclose content to any third party if required by law or if we believe reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect our rights, properly, or personal safety, or those third parties.
Third Party 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 on such sites. 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. 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. Use of any content you obtain from our website is at your own risk.
User Communication and Personalization Settings - Our website and Services may permit you to send or receive communications (such as email, 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, self, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any such materials and other information (including, without limitation, ideas contained therein for new or improved products and services) by all means and in any media now known or hereafter developed or commercialized. In addition, you represent and warrant to us that you have the right to grant to us the foregoing 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 our website and as part of the Services and our name and product names and the website’s URL (collectively, by the “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 use, reproduce, duplicate, copy or distribute the content found at our website or provided by the Services.
You may not distribute, use, reproduce, duplicate, copy, publish, sell, or otherwise transfer (a) any portion or element of the Services or the Intellectual Property (b) use of our website, Services or Intellectual Property, or (c) access to our website Services or Intellectual Property. Further, you may not (a) create derivative works of any portion or element of our website, Services or Intellectual Property; (b) reverse engineer, modify, decompile or disassemble any of the Intellectual Property; (c) deactivate or disable any password protection or other protection, security or reliability technology we incorporate in our website or the Services; (d) modify or erase any copyright or trademark notice we place at our website; (e) 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; (i) access the Services by any mean other than via our website; (j) frame our website or any Intellectual Property; or (k) 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.
User Conduct - You agree not to use the Service or the content or information in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Service to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or illegal Internet gambling); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to the Service; or (i) use the Service in such a manner as to gain unauthorized entry or access to the computer systems of others.
No Commercial Use or Re-Sale - You agree that the Service is only 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 Service or resell, lease, rent or distribute access to the Service.
Purchase - 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 shall not be responsible for any loss or damage you or anyone else incurs as a result of such transactions or Merchants.
Severability - Wherever possible, each provision of this Agreement shall be interpreted in a manner which makes the provision effective and valid under applicable law. If applicable law prohibits or invalidates any part or provision of this Agreement, that particular part or provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
Entire Agreement - This Agreement contains the entire agreement between the parties and no statements, promises or inducements made by either party or agent of either party that are not contained in this written Agreement or other documents referenced by this Agreement.
Choice of Law - This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, except where preempted by federal law.
Amendment of this Agreement - We may amend, add to or change this Agreement (including changes in its fees and charges hereunder). We will provide notice of amendments, additions or changes if required by applicable law. Your continued use of the Services will constitute your consent to the amendments, additions or changes.
Electronic Consent - To receive this Agreement and other required disclosures electronically you must have a working connection to the Internet with e-mail capability.
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, Online Banking, 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 above.
Please click here to view the Security Policy.
By clicking "Agree" below, you are providing your affirmative consent to receive electronic notices and regulatory disclosures and that you have read the above disclosure and agree to the described terms and conditions
Additional Terms and Conditions -
Waiver. We may waive any term or provision of this Agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.
Assignment. We may assign the rights and delegate the duties under this Agreement to a company affiliated with us or to any other party. You may not assign your rights or obligations under this Agreement, and any effort by you to do so is unenforceable at our election.
Termination; Suspension; Delay. Except to the extent restricted by law, we reserve the right to terminate or to discontinue support of any Service, or delay or refuse processing any transaction, without written notice. You may terminate this Agreement upon 30 days written notice to us. Termination of this Agreement will not affect any rights we may have, or any obligations you may have, as to any transaction or Services caused or attempted by you before termination. Upon termination of the Online Banking Service, by you or by us, a new enrollment will be required to reinstate this service.