Bank2Bank Transfers Agreement

Bank2Bank Transfers can be used to transfer funds between an eligible account held by us and an External Account ("Bank2Bank Transfers"), To activate Bank2Bank Transfers you must have at least one eligible deposit account with us.

  • Transfers to or from External Accounts may be made in amounts of up to $10,000 per transaction or a maximum of $25,000 per day in the aggregate from all your combined accounts.
  • Transfers between deposit accounts held by us and an External Account that we receive by the Cutoff Time on any Business Day will begin processing on the same day. Transfers to an External Account will be deducted from your From Account held by us on the calendar date and will usually be reflected in your External Account on the Deliver By date. Transfers from External Accounts are subject to the processing times of the financial institution holding your External Account. Instructions for transfers from External Accounts that we receive by the Cutoff Time on a Business Day will be sent to the holder of your External Account on the same day for processing. Instructions entered via the Bank2Bank Transfer Service may be Cancelled until the Cutoff Time on the Send On date.
  • Transfer instructions relating to External Accounts and the transmission and issuance of data related to such instructions shall be received pursuant to the terms of this Agreement and the rules of the National Automated Clearing House Association ("NACHA") and the applicable automated clearing house ("Regional ACH") (collectively, the "Rules") and you and we agree to be bound by such Rules as in effect from time to time. In accordance with such Rules, any credit to your deposit account held by us or your External Account shall be provisional until such credit has been finally settled by us or the third party institution which holds your External Account, as the case may be. You acknowledge that you have received notice of this requirement and of the fact that if we do not receive final settlement for a transfer for any reason, we shall charge back the amount of such transfer to the Transfer To or From Account (as applicable) or any other of your accounts or claim a refund from you.
Electronic Funds Transfer Agreement and Disclosure

For purposes of this disclosure and agreement the terms "we", "us" and "our" refer to Bank of San Francisco. The terms "you" and "your" refer to the recipient of this disclosure and agreement.

The Electronic Fund Transfer Act and Regulation E require institutions to provide certain information to customers regarding electronic fund transfers (EFTS). This disclosure applies to any EFT service you receive from us related to an account established primarily for personal, family or household purposes. Examples of EFT services include direct deposits to your account, automatic regular payments made from your account to a third party and one-time electronic payments from your account using information from your check to pay for purchases or to pay bills. This disclosure also applies to the use of your ATM card or Visa Debit Card at automated teller machines (ATMs) and any networks described below.

TERMS AND CONDITIONS. The following provisions govern the use of electronic fund transfer (EFT) services through accounts held by Bank of San Francisco which are established primarily for personal, family or household purposes. If you use any EFT services provided, you agree to be bound by the applicable terms and conditions listed below. Please read this document carefully and retain it for future reference.

ELECTRONIC FUND TRANSFER SERVICES PROVIDED

SERVICES PROVIDED THROUGH USE OF ATM CARD OR VISA DEBIT CARD

If you have received an electronic fund transfer card ("ATM card" or "Visa Debit Card") from us you may use it for the type(s) of services noted below, and the following provisions are applicable:

USING YOUR CARD AND PERSONAL IDENTIFICATION NUMBER ("PIN"). In order to assist us in maintaining the security of your account and the terminals, the ATM card or Visa Debit Card remains our property and may be revoked or canceled at any time without giving you prior notice. You agree not to use your ATM card or Visa Debit Card for a transaction that would cause your account balance to go below zero, or to access an account that is no longer available or lacks sufficient funds to complete the transaction, including any available line of credit. We will not be required to complete any such transaction, but if we do, we may, at our sole discretion, charge or credit the transaction to another account; you agree to pay us the amount of the improper withdrawal or transfer upon request.

Your ATM card may only be used with your PIN. Certain transactions involving your Visa Debit Card require use of your PIN. Your PIN is used to identify you as an authorized user. Because the PIN is used for identification purposes, you agree to notify Bank of San Francisco immediately if your ATM card or Visa Debit Card is lost or if the secrecy of your PIN is compromised. You also agree not to reveal your PIN to any person not authorized by you to use your ATM card or Visa Debit Card or to write your PIN on your ATM card or Visa Debit Card or on any other item kept with your ATM card or Visa Debit Card. We have the right to refuse a transaction on your account when your ATM card or Visa Debit Card or PIN has been reported lost or stolen or when we reasonably believe there is unusual activity on your account.

The security of your account depends upon your maintaining possession of your ATM card or Visa Debit Card and the secrecy of your PIN. You may change your PIN if you feel that the secrecy of your PIN has been compromised. You may change your PIN by calling 1-866-985-2273 or Client Services at 415-744-6700,

ATM SERVICES

ATM CARD SERVICES. The services available through use of your ATM card are described below.

You may withdraw cash from your checking account(s), and savings account(s).

You may transfer funds between your checking and savings accounts.

You may make balance inquiries on your checking account(s), and savings account(s).

VISA DEBIT CARD SERVICES. The services available through use of your Visa Debit Card are described below.

You may withdraw cash from your checking account(s), and savings account(s).

You may transfer funds between your checking and savings accounts.

You may make balance inquiries on your checking account(s), and savings account(s).

OTHER ATM SERVICES. In addition, you may perform the following transactions:

"A non-proprietary" ATM usage fee will not be charged at Wells Fargo "On Site" ATMs.

NETWORK. Your ability to perform the transactions or access the accounts set forth above depends on the location and type of ATM you are using and the network through which the transaction is being performed. A specific ATM or network may not perform or permit all of the above transactions.

You may access your accounts using your ATM card or Visa Debit Card through the following network(s): INSTANT CASH, CIRRUS, INTERLINK, STAR

ATM FEES. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used, and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.

POINT OF SALE TRANSACTIONS

You may use your Visa Debit Card to purchase goods and services from merchants that have arranged to accept your Visa Debit Card as a means of payment (these merchants are referred to as "Participating Merchants"). Some Participating Merchants may permit you to receive cash back as part of your purchase, Purchases made with your Visa Debit Card, including any purchase where you receive cash, are referred to as "Point of Sale" transactions and will cause your "designated account" to be debited for the amount of the purchase. The designated account for Visa Debit Card transactions is your checking account.

In addition, your Visa Debit Card may be used at any merchant that accepts Visa® debit cards for the purchase of goods and services. Your card may also be used to obtain cash from your designated account at participating financial institutions.

Each time you use your Visa Debit Card, the amount of the transaction will be debited from your designated account. We have the right to return any check or other item drawn against your account to ensure there are funds available to pay for the Visa Debit Card transactions. We may, but do riot have to, allow transactions which exceed your available account balance or, if applicable, your available overdraft protection. If we do, you agree to pay the overdraft.

PIN-LESS DEBIT TRANSACTIONS - Visa®. When you use your card with a Visa® logo on the INSTANT CASH, CIRRUS, INTERLINK, STAR network(s) the transaction may be processed as a debit transaction without requiring PIN authentication ("PIN-less"). Transactions that are completed as PIN-less debit transactions will not be processed by Visa® and may post to your account as an ATM or Debit transaction rather than a Visa® purchase. Transactions processed in this manner may not qualify for Visa® rewards or points as they are not processed on the Visa® network.

Transactions completed as PIN-less debit transactions include, but may not be limited to, government payments, utilities, and property management fees.

CURRENCY CONVERSION - Visa®. When you use your card with the Visa® logo at a merchant that settles in currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is a rate selected by Visa® from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa® itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by the issuer. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date.

IMPORTANT ADDITIONAL FEE NOTICE: Visa charges an International Service Assessment Fee on all international transactions. Therefore, transactions completed with your Visa ® card will be subject to an International Service Assessment (ISA) Fee of 1,000% of the transaction amount when there is a currency conversion, if there is no currency conversion (the transaction is completed in the same currency as your country as cardholder), the ISA Fee will be 0.800% of the transaction amount. The applicable International Service Assessment (ISA) fees will be detailed on your statement for every international transaction you make using your VISA check, debit, or ATM card.

SERVICES PROVIDED THROUGH USE OF TELEPHONE TRANSFERS You may perform the following functions through use of Telephone Transfers.

You may initiate transfers of funds between your checking and savings accounts.

You may make balance inquiries on your checking account(s), and savings account(s).

In addition, you may perform other transactions such as:

Get tax information on interest earned or paid on your accounts

Verify the last date and amount of your deposit

Determine if a particular check has cleared your account

You may change your PIN via the telephone.

PREAUTHORIZED TRANSFER SERVICES

You may arrange for the preauthorized automatic deposit of funds to your checking account(s), and savings aecount(s).

You may arrange for the preauthorized automatic payment of bills from your checking account(s), and savings account(s).

SERVICES PROVIDED THROUGH USE OF E-BANKING

Bank of San Francisco offers its customers use of our E-Banking service.

Transfer Funds Between Eligible Bank of San Francisco Accounts.

Transfer Funds Between Eligible Accounts at External Banks.

Obtain Balance Information on Eligible Accounts.

Review Transactions on Eligible Accounts.

Order Checks.

Online Bill Pay - No Charge.

ELECTRONIC CHECK CONVERSION

You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or to pay bills.

Electronic check conversion is a payment process in which a merchant or other payee (after obtaining your authorization) uses your check to gather routing, account, and check number information to initiate a one-time EFT. This type of EFT transaction involving a consumer account is covered by the Electronic Funds Transfer Act and this disclosure. A description of the transaction will appear on your Statement.

RE-PRESENTED CHECK TRANSACTIONS AND FEES. You may authorize a merchant or other payee to electronically collect a fee associated with the re-presentment of a check that is returned due to insufficient or unavailable funds. The resulting fee transaction if debited as an EFT from a consumer account is covered by the Electronic Funds Transfer Act and this disclosure. When a merchant or other payee re-presents a check electronically, that transaction is not covered by the Electronic Funds Transfer Act or this disclosure. A description of the transaction will appear on your statement.

LIMITATIONS ON TRANSACTIONS

TRANSACTION LIMITATIONS - ATM CARD

CASH WITHDRAWAL LIMITATIONS - You may withdraw up to $510.00 through use of ATMs in any one day.

TRANSACTION LIMITATIONS - VISA DEBIT CARD

CASH WITHDRAWAL LIMITATIONS - You may withdraw up to $510.00 through use of ATMs in any one day.

POINT OF SALE LIMITATIONS - You may buy up to $1,500.00 worth of goods or services in any one day through use of our Point of Sale service.

OTHER LIMITATIONS

The terms of your account(s) may limit the number of withdrawals you may make each month. Restrictions disclosed at the time you opened your account(s), or sent to you subsequently will also apply to your electronic withdrawals and electronic payments unless specified otherwise.

We reserve the right to impose limitations for security purposes at any time.

LIMITS ON TRANSFERS FROM CERTAIN ACCOUNTS. Federal regulation limits the number of checks, telephone transfers, online transfers and preauthorized electronic transfers to third parties (including Point of Sale transactions) from money market and savings type accounts. You are limited to six such transactions from each money market and/or savings type account(s) you have each month for purposes of making a payment to a third party or by use of a telephone or computer.

NOTICE OF RIGHTS AND RESPONSIBILITIES

The use of any electronic fund transfer services described in this document creates certain rights and responsibilities regarding these services as described below.

RIGHT TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS

TRANSACTION RECEIPTS, Depending on the location of an ATM, you may not be given the option to receive a receipt if your transaction is $15.00 or less. Upon completing a transaction of more than $15.00, you will receive a printed receipt documenting the transaction (unless you choose not to get a paper receipt). These receipts (or the transaction number given in place of the paper receipt) should be retained to verify that a transaction was performed. A receipt will be provided for any transaction of more than $15.00 made with your ATM card or Visa Debit Card at a Participating Merchant. If the transaction is $15.00 or less, the Participating Merchant is not required to provide a receipt.

PERIODIC STATEMENTS. If your account is subject to receiving a monthly statement, all EFT transactions will be reported on it. if your account is subject to receiving a statement less frequently than monthly, then you will continue to receive your statement on that cycle, unless there are EFT transactions, in which case you will receive a monthly statement. In any case you will receive your statement at least quarterly.

PREAUTHORIZED DEPOSITS. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company:

- the person or company making the deposit will tell you every time they send us the money.

- you can call us at 415-744-6700 to find out whether or not the deposit has been made.

RIGHTS REGARDING PREAUTHORIZED TRANSFERS

RIGHTS AND PROCEDURES TO STOP PAYMENTS. If you have instructed us to make regular preauthorized transfers out of your account, you may stop any of the payments. To stop a payment, call us at: 415-744-6700, or write to: Bank of San Francisco, 575 Market Street, Suite 900, San Francisco, CA 94105.

We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call, please have the following information ready: your account number, the date the transfer is to take place, to whom the transfer is being made and the amount of the scheduled transfer. If you call, we will require you to put your request in writing and deliver it to us within fourteen (14) days after you call.

NOTICE OF VARYING AMOUNTS. If you have arranged for automatic periodic payments to be deducted from your checking or savings account and these payments vary in amount, you will be notified by the person or company you are going to pay ten days prior to the payment date of the amount to be deducted. 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.

OUR LIABILITY FOR FAILURE TO STOP PREAUTHORIZED TRANSFER PAYMENTS. if you order us to stop one of the payments and have provided us with the information we need at least three (3) business days prior to the scheduled transfer, and we do not stop the transfer, we will be liable for your losses or damages.

YOUR RESPONSIBILITY TO NOTIFY US OF LOSS OR THEFT

If you believe your ATM card or Visa Debit Card or PIN or Internet banking access code has been lost or stolen, call us at: 415-744-6700 (9:00a.m. thru 4:30p.m.) or write to: Bank of Sari Francisco, 575 Market Street, Suite 900, San Francisco, CA 94105. 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.

CONSUMER LIABILITY

Tell us at once if you believe your ATM card or Visa Debit Card or PIN or internet banking access code 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. If you tell us within two (2) business days after you learn of the loss or theft of your ATM card or Visa Debit Card or PIN, you can lose no more than fifty dollars ($50) if someone used your ATM card or Visa Debit Card or PIN without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your ATM card or Visa Debit Card or PIN and we can prove we could have stopped someone from using your ATM card or Visa Debit Card or PIN without your permission if you had given us notice, you can lose as much as five hundred dollars ($500).

Also, if your statement shows transfers you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you could lose all the money in your account (plus your maximum overdraft line of credit, if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason (such as a long trip or hospital stay) keeps you from giving the notice, we will extend the time periods.

CONSUMER LIABILITY FOR UNAUTHORIZED TRANSACTIONS INVOLVING VISA DEBIT CARD

The limitations on your liability for unauthorized transactions described above generally apply to all electronic fund transfers. However, different limitations apply to certain transactions involving your card with the Visa® logo. These limits apply to unauthorized transactions processed on the Visa® Network.

If you notify us about an unauthorized transaction involving your Visa Debit Card, and the unauthorized transaction took place on the Visa® Network, zero liability will be imposed on you for the unauthorized transaction. We may increase the limit of your liability for such unauthorized transactions if we reasonably determine, based on substantial evidence, that you were grossly negligent or fraudulent in the handling of your account or your Visa Debit Card. The zero liability provisions do not apply to PIN-based or PIN-less debit transactions not processed by the Visa® Network, including ATM transactions.

Your liability for unauthorized transactions with your Visa Debit Card that involve PIN-based or PIN-less debit transactions not processed by the Visa® Network, including ATM transactions, are described under "Consumer Liability" above.

ILLEGAL USE OF VISA DEBIT CARD. 

You agree not to use your Visa Debit Card for any illegal transactions, including Internet gambling and similar activities.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS

In case of errors or questions about your electronic fund transfers, call us at: 415-744-6700 or write to: Bank of San Francisco, 575 Market Street, Suite 900, San Francisco, CA 94105, or use the current information on your most recent account statement.

Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact Bank of San Francisco no later than 60 days after it sent you the first statement on which the problem or error appears. You must be prepared to provide the following information:

  • Your name and account number.
  • A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you        need more information.
  • The dollar amount of the suspected error.

If you provide oral notice, you will be required to send in your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) 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 (ninety (90) days for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which you think is in error, so that you will have the use of the money during the time it takes 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. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty (30) days after the first deposit to the account is made, including those for foreign initiated or Point of Sale transactions. Visa's® cardholder protection policy requires that we provide provisional credit for losses from unauthorized Visa® Check Card use within five (5) business days of notification of the loss.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

LIABILITY FOR FAILURE TO COMPLETE TRANSACTION 

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 as provided by law. 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.
  • If the transfer would result in your exceeding the credit limit on your line of credit, if you have one.
  • If the electronic terminal was not working properly and you knew about the breakdown before you started the transfer.
  • If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.
  • If we have terminated our Agreement with you.
  • When your ATM card or Visa Debit Card has been reported lost or stolen or we have reason to believe that something is wrong with a transaction.
  • If we receive inaccurate or incomplete information needed to complete a transaction.
  • In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.
  • If the funds in the account are subject to legal action preventing a transfer to or from your account.
  • If the electronic terminal does not have enough cash to complete the transaction.
  • There may be other exceptions provided by applicable law.

CHARGES FOR TRANSFERS OR THE RIGHT TO MAKE TRANSFERS 

We reserve the right to impose a fee and to change fees upon notice to you. See additional Fee Schedule for a list of other fees.

DISCLOSURE OF ACCOUNT INFORMATION

You agree that merchant authorization messages transmitted in connection with Point of Sale transactions are permissible disclosures of account information, and you further agree to release Bank of San Francisco and hold it harmless from any liability arising out of the transmission of these messages.

We will disclose information to third parties about your account or electronic fund transfers made to your account:

  • Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); 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
  • With your consent.

DEFINITION OF BUSINESS DAY

Business days are Monday through Friday excluding holidays.

AMENDING OR TERMINATING THE AGREEMENT

We may change this agreement from time to time. You will be notified at least 21 days before a change will take effect if it will cause you an increase in costs or liability or it will limit your ability to make electronic fund transfers. No notice will be given if the change is necessary for security reasons. We also have the right to terminate this agreement at any time.

NOTICE OF ATM SAFETY PRECAUTIONS

SAFETY PRECAUTIONS FOR ATM TERMINAL USAGE. Please keep in mind the following basic safety tips whenever you use an ATM:

  • Have your ATM card or Visa Debit Card ready to use when you reach the ATM. Have all of your forms ready before you get to the machine. Keep some extra forms (envelopes) at home for this purpose.
  • If you are new to ATM usage, use machines close to or inside a financial institution until you become comfortable and can conduct your usage quickly.
  • If using an ATM in an isolated area, take someone else with you if possible. Have them watch from the car as you conduct your transaction.
  • Do not use ATMs at night unless the area and machine are well-lighted. If the lights are out, go to a different location.
  • If someone else is using the machine you want to use, stand back or stay in your car until the machine is free. Watch out for suspicious people lurking around ATMs, especially during the times that few people are around.
  • When using the machine, stand so you block anyone else's view from behind.
  • If anything suspicious occurs when you are using a machine, cancel what you are doing and leave immediately. If going to your car, lock your doors.
  • Do not stand at the ATM counting cash. Check that you received the right amount later in a secure place, and reconcile it to your receipt then.
  • Keep your receipts and verify transactions on your account statement. Report errors immediately. Do not leave receipts at an ATM location.

ADDITIONAL PROVISIONS

Your account is also governed by the terms and conditions of other applicable agreements between you and Bank of San Francisco. You agree not to reveal your PIN to any person not authorized by you to access your account.

ADDITIONAL SERVICES PROVIDED UNDER VISA DEBIT/CHECK CARD SERVICES: You may pay bills directly by telephone from your primary account using your VISA debit check card in the amounts and on the days you request.

Funds Availability Policy Disclosure

PURPOSE OF THIS DISCLOSURE

The information here describes our policy of holding deposited items in an account before funds are made available to you for withdrawal. This is our Funds Availability Policy. In summary our policy is to make your funds available on the first Business Day after the day of deposit. Please refer to the section DETERMINING THE AVAILABILITY OF YOUR DEPOSIT for the complete policy.

For purposes of this disclosure, the terms "you"/"your" refer to the customer and the terms "our"/"we"/"us" refer to Bank of San Francisco. The term "account" includes any demand deposit, negotiable order of withdrawal account, savings deposit, money market account or other non-time deposit account.

DETERMINING THE AVAILABILITY OF YOUR DEPOSIT

The length of the delay varies depending on the type of deposit and is explained below. When we delay your ability to withdraw funds from a deposit, you may not withdraw the funds in cash, and we will not pay checks you have written on your account by using these funds. Even after we have made funds available to you and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.

When we delay your ability to withdraw funds, the length of the delay is counted in Business Days from the day of your deposit. The term "Business Day" means any day other than a Saturday, Sunday or federally declared legal holiday, and the term "Banking Day" means that part of any Business Day on which we are open to the public for carrying on substantially all of our banking functions.

If you make a deposit before 4:30 pm on a Business Day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 4:30 pm or on a day that we are not open, we will consider the deposit made on the next Business Day we are open.

AVAILABILITY SCHEDULE

Our policy is to make funds from your cash and check deposits available to you on the first Business Day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use them to pay checks that you have written.

HOLDS ON OTHER FUNDS FOR CHECK CASHING

If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it and we decided to delay availability on the deposit.

LONGER DELAYS MAY APPLY

In some cases, we will not make all V the funds that you deposit by check available to you according to the previously stated availability schedule. Depending on the type of check that you deposit, funds may not be available until the second Business Day after the day of your deposit. The first $200.00 of your deposits, however, may be available on the first Business Day after the day of deposit.

If we are not going to make all of the funds from your deposit available to you according to the previously stated availability schedule, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.

Funds you deposit by check may be delayed for a longer period under the following circumstances: (a) if we believe a check you deposit will not be paid; (b) if you deposit checks totaling more than $5,000 on any one day; (c) if you redeposit a check that has been returned unpaid; (d) if you have overdrawn your account repeatedly in the last six months; or (e) if an emergency condition arises that would not enable us to make the funds available to you, such as the failure of computer or communications equipment.

We will notify you if we delay your availability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh Business Day after the day of your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.

SPECIAL RULES FOR NEW ACCOUNTS

If you are a new customer, the following special rules may apply during the first 30 days your account is opened.

Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day's total deposits of cashiers, certified, teller's, traveler's, and federal, state and local government checks will be available on the first Business Day after the day of deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the ninth Business Day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second Business Day after the day of deposit.

Funds from all other check deposits will be available on the ninth Business Day after the day of your deposit.

Mobile Banking Service Agreement

This Mobile Banking Services Agreement (this "Agreement") governs your use of the Mobile Banking Services (defined below) provided to you by Bank of San Francisco.

TERMS AND CONDITIONS – GENERAL

1. For purposes of this Agreement, Mobile Banking Services means collectively all of the financial services that Bank of San Francisco makes available, and to which you have access, using a wireless handheld device such as a cell phone, personal digital assistant or tablet computer (each a "handheld") and includes, by way of example and not limitation, mobile remote deposit, mobile web banking, and banking initiated by means of a downloadable application.

2. Your use of the Mobile Banking Services is subject to this Agreement and to the following, all of which are considered part of this Agreement: a. the Terms and Conditions of Use for the Bank of San Francisco internet website, BankofSF.com (the "Website"); b. the terms or instructions appearing on the Website and elsewhere when enrolling for, activating, accessing, or using the Mobile Banking Services; c. Bank of San Francisco's rules, procedures and policies, as amended from time to time, that apply to the Mobile Banking Services or any account you maintain with Bank of San Francisco (each an account"); d. the provisions of the Bank of San Francisco Online Banking Services Agreement, or, the Master Business Online Banking Services Agreement; e. the then-current rules and regulations, if any, of any funds transfer system or payment system used in connection with any Account; and f. state and federal laws and regulations, as applicable.

3. In addition, each Account will continue to be subject to any separate agreement applicable to such Account. If this Agreement conflicts with the separate agreement to which an Account is subject, then this Agreement will control and take precedence, unless this Agreement expressly states otherwise.

4. Bank of San Francisco may send text messages relating to deposits and other transactions related to your use of the Mobile Banking Services. The charges for Mobile Banking Services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Bank of San Francisco. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or text message services.

TERMS AND CONDITIONS – LICENSE AND USE OF THE DOWNLOADABLE APPLICATION

1. Ownership. You acknowledge and agree that a third party provider or licensor to Bank of San Francisco ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to the Mobile Banking Services from Bank of San Francisco and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").

2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.

3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.

4. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

5. Limitation of Liability EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER WE OR THE SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR DAMAGES, ERROR, LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY THE EQUIPMENT, SOFTWARE, US, OR BY INTERNET BROWSER OR APP OR APP PROVIDERS SUCH AS NETSCAPE (NETSCAPE NAVIGATOR BROWSER) AND MICROSOFT (MICROSOFT EXPLORER BROWSER), OR BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING, NOR SHALL WE OR THE SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE EQUIPMENT, THE SOFTWARE, THE ONLINE OR MOBILE BANKING SERVICES, INTERNET BROWSER OR APP, ACCESS SOFTWARE, THIS AGREEMENT, THE UNAVAILABILITY OF MOBILE BANKING SERVICES OR ANY ERRORS IN INFORMATION PROVIDED THROUGH THE MOBILE BANKING SERVICE, EVEN IF WE OR A SERVICE PROVIDER HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY THEREOF, EXCEPT AS LIMITED BY APPLICABLE LAW. THE MAXIMUM AGGREGATE LIABILITY OF US FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE THE LESSER OF THE AMOUNT YOU ORIGINALLY PAID FOR THE MOBILE BANKING SERVICES, PRODUCTS OR MATERIALS OR ONE HUNDRED U.S. DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

6. U.S. Government Restricted Rights. The Software is commercial computer software subject to restricted rights. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.

7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the State of California and the United States, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

TERMS AND CONDITIONS –REMOTE DEPOSIT ANYWHERE

1. Remote Deposit Anywhere provides you the ability to access and make deposits to your designated eligible Accounts using the Software. Remote Deposit Anywhere is designed to take advantage of The Check Clearing for the 21st Century Act and its regulations (collectively "Check 21"). Remote Deposit Anywhere enables you to use a compatible handheld device to capture an image of original paper checks ("Original Checks") that are drawn on or payable through United States financial institutions (each a "Check Image") and to electronically submit the Check Image and associated deposit information to Bank of San Francisco from a remote location using the Software for deposit into a designated eligible Account for collection thereafter by Bank of San Francisco. A Check Image submitted to Bank of San Francisco electronically for Deposit is not deemed received until Bank of San Francisco accepts and confirms receipt of your Check Image deposit.

2. Your use of the Remote Deposit Anywhere is subject to the requirements:

a. To access Remote Deposit Anywhere you must have or acquire and maintain a compatible handheld device and a wireless plan from a compatible wireless carrier.

b. You must request access to and qualify, and Bank of San Francisco must approve you, to use the Remote Deposit Anywhere.

c. You may scan and submit Check Images for deposit to Bank of San Francisco within the following dollar limits ("Deposit Limits"): (i) for consumer deposits, you may deposit up to 3 checks per day, up to $15,000.00 per day; and (ii) for small business deposits, you may deposit up to 5 checks per day, up to $50,000.00. Bank of San Francisco reserves the right to limit the frequency and dollar amount of Deposits submitted through Remote Deposit Anywhere. If you exceed the Deposit Limits, Bank of San Francisco may in its sole discretion accept or refuse the Check Image deposit. If at any time Bank of San Francisco accepts a Check Image deposit that exceeds the Deposit Limits, Bank of San Francisco will have no obligation to do so in the future. Bank of San Francisco may at any time at its sole discretion raise or lower your Deposit Limits.

d. By requesting access to Remote Deposit Anywhere, you authorize Bank of San Francisco to provide you with access to all of the eligible accounts you designate to participate in Remote Deposit Anywhere. The following account types are currently eligible for Remote Deposit Anywhere: checking, money market, and savings accounts.

3. Capturing and submitting Check Image Deposits does not constitute receipt of the deposit by Bank of San Francisco. Generally, Check Image deposits received prior to 7:00 p.m., Pacific Time are processed on the Business Day of receipt. “Business Day” means any day other than a Saturday, Sunday or holiday when we are closed. Any Check Image Deposit received after this time or on Saturdays, Sundays, and holidays when Bank of San Francisco is closed will be processed on Bank of San Francisco's next Business Day. Acknowledgment that your Check Image Deposit has been received by Bank of San Francisco does not mean that the Check Image Deposit was received error free.

4. Bank of San Francisco will send you an e-mail to confirm receipt of your Check Image Deposit. Bank of San Francisco will send a notice to you if your Check Image Deposit is rejected in whole or in part. You may verify receipt and the amount of your Check Image Deposit credited to your account by reviewing your statement online or by calling the Bank of San Francisco telephone banking number.

5. You agree that you will use the Remote Deposit Anywhere to scan only Original Checks payable to and properly endorsed by you, drawn on financial institutions in the United States with a valid ABA/Routing Number and denominated in U.S. Dollars, and intended for deposit by you to your designated Account with Bank of San Francisco. All other items may be deposited by alternate methods such as in person or by mail including a completed account deposit slip.

6. You understand that Bank of San Francisco is not obligated to accept for deposit any Check Image that Bank of San Francisco in its sole discretion determines to be ineligible for the Remote Deposit Anywhere. Ineligible items include: Check Images of items drawn on banks located outside the United States, Check Images that are illegible, images of checks previously converted to Substitute Checks (as defined by Check 21), and Check Images with unreadable magnetic ink character recognition ("MICR") information. The quality of any Check Image must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. You acknowledge and agree that even if Bank of San Francisco does not identify a Check Image as ineligible, the Check Image may be returned to Bank of San Francisco because, among other reasons, the Check Image or any Substitute Check created from the Check Image is deemed ineligible by the financial institution upon which it is drawn or any intermediate collecting financial institution. Bank of San Francisco's failure to identify a Check Image you transmit to Bank of San Francisco as ineligible shall not preclude or limit your obligations.

7. You shall fully destroy each Original Check in your Check Image deposit fourteen (14) days following receipt and crediting of your Check Image deposit or as Bank of San Francisco may otherwise instruct. Prior to destruction you shall maintain each Original Check in a secure location. You understand each Original Check must be fully destroyed following any retention period and that a paper shredder is one such method to assure destruction. You are responsible if an Original Check is misused following submission by Check Image deposit and its full destruction.

8. You make the following representations and warranties:

a. You shall not alter any Original Check or Check Image and shall review the Check Image to ensure that it accurately represents all of the information on the front and the back of the Original Check at the time you scanned the Check Image.

b. You shall submit to Bank of San Francisco only Check Images suitable for processing, including, but not limited to, Check Images that are legible and contain machine-readable MICR data.

c. You shall destroy the Original Checks as stated above.

d. You shall not submit to Bank of San Francisco or to any other person or entity for deposit or credit any Original Check if a Check Image of the Original Check has already been submitted and accepted for deposit into your Account with Bank of San Francisco or which you previously submitted to and was accepted by any other person or entity for deposit.

e. You shall not deposit into your Account with Bank of San Francisco or any other deposit taking institution, or otherwise negotiate or transfer to anyone, any Original Check that you submitted as a Check Image deposit to Bank of San Francisco, unless following receipt of your submission, Bank of San Francisco notifies you that the Check Image is ineligible and not accepted for deposit or that the Check Image or any Substitute Check created from the Image is refused by the financial institution upon which it is drawn.

f. You shall indemnify, defend, and hold Bank of San Francisco and its agents from and against all liability, damage and loss arising from any claims, suits, or demands, brought by third parties with respect to any Check Image, Substitute Check, or Original Check processed through the Remote Deposit Anywhere as described above.

g. You shall use Remote Deposit Anywhere only for your own personal, home office, or small business use in accordance with the terms of this Agreement. You shall not make Remote Deposit Anywhere available or transfer your rights to use Remote Deposit Anywhere for the benefit of any third party.

9. Bank of San Francisco will acknowledge receipt of your Check Image deposit submitted through Remote Deposit Anywhere and notify you if a Check Image is not eligible for deposit. Bank of San Francisco's ability to provide the Remote Deposit Anywhere is conditioned upon the availability of the wireless or computer services and systems used in transmitting your requests and Bank of San Francisco's response. Bank of San Francisco shall not be liable or responsible for any loss or damage incurred due to the failure or interruption of the Remote Deposit Anywhere, wireless or computer services, or systems, resulting from the act or omission of any third party or other causes not reasonably within Bank of San Francisco's control.

10. All fees and charges related to any Account you access with Remote Deposit Anywhere as stated in the applicable fee schedule for the Account will remain in effect when using Remote Deposit Anywhere.

11. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE REMOTE DEPOSIT ANYWHERE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR OWN RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BANK OF SAN FRANCISCO DISCLAIM S ALL WARRANTIES OF ANY KIND AS TO THE USE OF REMOTE DEPOSIT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. BANK OF SAN FRANCISCO MAKES NO WARRANTY THAT REMOTE DEPOSIT ANYWHERE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THAT THE RESULTS OBTAINED FROM REMOTE DEPOSIT ANYWHERE WILL BE ACCURATE OR RELIABLE, AND (iv) THAT ANY ERRORS IN THE REMOTE DEPOSIT ANYWHERE OR TECHNOLOGY WILL BE CORRECTED. IN NO EVENT WILL BANK OF SAN FRANCISCO BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGE ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE REMOTE DEPOSIT ANYWHERE OR FOR ANY LOSS OF DATA, EVEN IF BANK OF SAN FRANCISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

12. You agree that Bank of San Francisco may provide you with all disclosures, notices, and other communications about Remote Deposit Anywhere, and any future amendments or changes or additions to this Agreement, in electronic form. Bank of San Francisco will provide all future updates to the Agreement by posting the updated Agreement on the Website. At your request, Bank of San Francisco agrees to provide you with a paper copy of this Agreement. You may request paper copies of this Agreement by calling us at (415) 744-6700. Your consent to receive notices and updates in electronic form only will apply for as long as you use Remote Deposit Anywhere. You may withdraw your consent at any time by choosing to cancel Remote Deposit Anywhere. Bank of San Francisco may amend or change the terms and conditions stated in this Agreement (including changes in the fees and charges hereunder) by giving notice to you at least the minimum notice required by law or regulation before the effective date of the amendment or change. Amendments may include adding new terms or conditions and deleting existing terms and conditions. Prior notice need not be given where an immediate change in terms or conditions is necessary to maintain or restore the security of the Remote Deposit Anywhere or the safety of Bank of San Francisco's relationship with you or is otherwise required immediately by law or applicable regulation. Bank of San Francisco shall thereafter promptly advise you of any such change in writing.

Online Banking Service Agreement

Bank of San Francisco strives to be the bank of choice for Bay Area small and mid-sized businesses and nonprofits, as well as individuals and families with a need for personal, high-touch service. We are proud of our ability to be creative, nimble, and competitive when addressing our clients’ needs. We take our role as our clients’ banking partner seriously and seek to provide value at every turn. We deliver exceptional service and take the long view in our approach to every client relationship. We think positively, give back to the community, and each day endeavor to grow as individuals and as a team.

This is the agreement for Bank of San Francisco Online Banking Services and it includes certain disclosures for electronic fund transfers. This agreement is in addition to other agreements between Bank of San Francisco and you, including but not limited to, your checking, savings, and other deposit account agreements, your credit card agreements, your overdraft protection and 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 one contained in the other agreements between you and us, this agreement will control.

General Terms.
In this agreement, the words "we," "us" or "our" mean Bank of San Francisco as appropriate and their successors or assigns. When we use the words, "you" or "your" we mean each person who has an interest in an account or other relationship which is accessible through the Bank of San Francisco Online Banking Services and any person authorized such access. Bank of San Francisco Online Banking Services ("Services") means information, communication and transactions provided to you by us through any remote channel, including the Bank of San Francisco web site, within our Area of Service, including, but not limited to, the following: Account Information, Funds Transfers and Bill Payments, stop payments, and check inquiry for account(s) established at Bank of San Francisco .

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, as amended, and each amendment thereto from time to time by us. Each time you use our Services or you permit any other person to use our Services, you are agreeing to the terms and conditions of any instructional material, which we provide to you regarding the Services. And, each time you use our Services or you permit any other person to use our Services, you are acknowledging receipt and understanding of this disclosure.

When any payment or other online service generates items to be charged to your account, you agree that we may debit your designated Eligible account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you. Any transactions resulting from your instructions which we receive under your password shall be deemed to have been "in writing" and authenticated by you "in writing." All records maintained by us of transactions under your password shall be deemed to have been "signed" and to constitute an "original" when printed from records established and maintained by us or our authorized agent in the normal course of business. You agree not to contest the authorization for, or validity or enforceability of, the records and "signed" documents, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files or records are to be in writing or signed by the party to be bound thereby. Records and "signed" documents, if introduced as evidence on paper in any judicial or other proceedings, will be admissible to the same extent and under the same conditions as other documentary business records. Upon our written request, you agree to manually sign or place your signature on any paper original of any record or "signed" document which we provide to you containing your purported signature.

Your use of the Services may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications, which are acceptable to us.

Equipment and Software. 
Personal computer and modem (or network Internet connection) (collectively "Equipment") are required to access the Services:
Peripherals Internet access via modem or network
Browser commercially available Internet browser with 128-bit encryption (most recent versions of Internet Explorer, Netscape, or America Online are compatible; contact the bank to verify)

If you access the Services by use of a personal computer, you agree: (1) to use a commercially available Internet Browser at the recommended version, with at least 128-bit encryption (Software); (2) the Software, and any future supported upgrades, must be loaded and operational on your personal computer and you must use a modem or network to access the Services through the designated interface Equipment and Software; and (3) as this service becomes available, to receive account information by electronic transmission of a visual display of the text. You may request a paper copy of electronic notices required by federal regulations within 60 days of the availability of the electronic disclosure. Any other software used by you in the future to access our system, if supported by us, will be provided and maintained by you at your expense.

Liability for Loss.
EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER WE OR THE SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR DAMAGES, ERROR, LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY THE EQUIPMENT, SOFTWARE, US, OR BY INTERNET BROWSER PROVIDERS SUCH AS NETSCAPE (NETSCAPE NAVIGATOR BROWSER) AND MICROSOFT (MICROSOFT EXPLORER BROWSER), OR BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING, NOR SHALL WE OR THE SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, THE ONLINE BANKING SERVICES, INTERNET BROWSER, ACCESS SOFTWARE, THIS AGREEMENT, THE UNAVAILABILITY OF ONLINE BANKING SERVICE OR ANY ERRORS IN INFORMATION PROVIDED THROUGH THIS SERVICE, EVEN IF WE OR A SERVICE PROVIDER HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY THEREOF, EXCEPT AS LIMITED BY APPLICABLE LAW. THE MAXIMUM AGGREGATE LIABILITY OF US FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE THE LESSER OF THE AMOUNT YOU ORIGINALLY PAID FOR THE SERVICE, PRODUCTS OR MATERIALS OR ONE HUNDRED U.S. DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Account Access. 
To have access to the Services, you must be an authorized user of the Software you select. You must also have at least one eligible personal deposit or one non-personal deposit account with us. Only authorized persons can enroll in Online Banking. The bank reserves the right to deny application for Online Banking. Once enrolled, that person may have access to, or "link" any other bank account in which they are the primary SSN or TIN. No other person will have access to your bank account information unless you choose to give them your user ID and password. If you choose to give your Online Banking user ID and password to another person, that person will also have access to all other accounts that you have linked. If you wish to "unlink" accounts, you must notify the bank in writing and request that this be done. Accounts which are "linked" under the Services will have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through the Service unless you are the signer on the account, and you request that it be linked. A personal or non-personal account that requires two or more signatures to make withdrawals, transfers or transactions may not be designated as an eligible account. Each payment or transfer from your Money Market checking account is counted as one of the six transfers you are permitted each statement period.

Eligible accounts include the following Bank of San Francisco personal or non-personal account types that may be linked: checking, money market, savings and time deposits, loans and lines of credit. Money Market and Savings accounts are limited to a total of six restricted transactions per month. Federal regulations limit some types of transactions to six per month. These restricted transactions include telephone transfers, Online Banking transfers, pre-authorized debits, and automated clearinghouse debits. Certificates of Deposit are time deposits whereby early withdrawals may result in the assessment of penalties. Therefore, only balance and interest information is available online for these types of accounts. Accessibility of eligible accounts may vary based on the service(s) you use.

Access Code. (referred to as "access codes"). Use of these Access Codes is the agreed security procedure to access the Services through the Internet. You agree to keep these numbers and codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. For security purposes we recommend that you do not use the same Access Codes you use on other bank products. You may change your password at any time through the Services. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize these online Access Codes and do not write them down. You are responsible for keeping your Access Codes and account data confidential. You will be asked to provide certain information about yourself or the account in order to identify yourself when you call for telephone support.

Liability for Multiple Users of Your Account. 
YOU HEREBY RELEASE US FROM ANY LIABILITY AND AGREE NOT TO MAKE ANY CLAIM OR BRING ANY ACTION AGAINST US FOR HONORING OR ALLOWING ANY ACTIONS OR TRANSACTIONS WHERE YOU HAVE AUTHORIZED THE PERSON PERFORMING THE ACTION OR TRANSACTION TO USE YOUR ACCOUNT(S) AND/OR YOU HAVE GIVEN YOUR ACCESS CODES TO SUCH PERSON, OR, IN THE CASE OF A JOINTLY HELD ACCOUNT SUCH PERSON IS ONE OF THE OWNERS OF THE ACCOUNT. YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) ARISING FROM ANY SUCH CLAIMS OR ACTIONS.

Available Services. 
Depending upon the particular features and the Equipment you select, you may be allowed access to the following Services by first entering your Customer ID and Password. Once validated on the Online Banking System, there is no additional sign-on required to access the specific services.

A.   Bank of San Francisco Online Banking Account Information. You may obtain account balance(s) and debit and credit transaction information, including ATM/debit card transactions, and other certain information about your eligible account(s) at the Bank of San Francisco Online Banking site. The system will retain six months of transaction history, including the transactions for the current statement cycle, starting from the date your enrollment was processed. Account balances reported on the Online Banking Service are not live, real-time balances. Balances are updated nightly after each business day's processing, and again at 1:00 PM local time with memo-posted transactions on each business day. Transactions processed between updates will not be available until after each day's processing is completed, which takes place at the end of each business day.

 B.  Bank of San Francisco Online Banking Funds Transfers. You may use your computer to transfer funds to and from any of your eligible Bank of San Francisco account(s). You may transfer amounts up to the available balances reported on deposit accounts. Bank of San Francisco's Funds Transfer cut off time is 6:00 PM local time. Transfers made after 6:00 PM local time will be processed on the next business day. Funds Transfers that have been completed cannot be canceled. A reverse transaction must be processed.  When viewing transaction details, please note that the time stamp indicated is Eastern Time.

C.  Bank of San Francisco Online Banking Account Information Download. You may download your eligible Bank of San Francisco account(s) information into your Quicken or Money software, or you may export a comma-separated file which can be imported into other applications accepting a *.csv file format.

D.  Bank of San Francisco Online Banking Stop Payment Service. The Stop Payment Service allows you to request a stop payment on a check issued on your Eligible Account(s) by submitting the required information to us via the Service. You may not stop payment on any ACH/EFT transaction, including point-of-sale ACH/EFT transactions; any cashier's check; certified check or other official institution check purchased from Bank of San Francisco ; and any check which Bank of San Francisco has guaranteed. We may not immediately receive your stop payment request via the Service. Therefore, you should not rely on the Service if you need to communicate with us immediately. Bank of San Francisco will not take action based on your request until it is actually received and until we have had a reasonable opportunity to act. Bank of San Francisco can only act to stop payments on orders that describe the item to be stopped with reasonable certainty and at a time that affords Bank of San Francisco a reasonable opportunity to act on it before any action by Bank of San Francisco with respect to the item to be stopped. Renewals and revocations of stop payment orders must be placed in writing. All stop payment orders will be subject to our current policy on stop payment orders. You may be asked to submit written authorization to document your online request for a stop payment. If we require such written authorization, then we must receive this authorization within fourteen (14) days of the request or the stop payment will lapse.

Duration.
A stop payment order against a check is effective only against the check that is described in the stop payment request form and does not cancel or revoke the authorization for future checks written to the same payee. A stop payment order is effective for six (6) months only and will expire automatically at that time unless specifically renewed in writing prior to expiration. A stop payment order may be renewed for additional six-month periods.

Standing Authorization for Stop Payment Order.
I hereby order Bank of San Francisco to stop payment on the check(s) described in any stop payment request initiated via the Service. I warrant that the information describing the check(s), including the check date, its exact amount, the check number and payee is correct. I understand that if I give you any incorrect information, Bank of San Francisco will not be responsible for failing to stop payment on the check(s). I agree that unless my stop payment order is received by Bank of San Francisco within a reasonable time for Bank of San Francisco to act on my order prior to final payment of the check(s), Bank of San Francisco will not be responsible for stopping payment on the check(s). I understand that Bank of San Francisco shall not be responsible for failure to stop payment on a check if action has already been taken to pay the check. I also agree to notify Bank of San Francisco promptly upon the issuance of any duplicate check that replaces the check subject to this order, or upon return of the original check.

E.  Bank of San Francisco Online Banking Bill Pay. You may use Bank of San Francisco Bill Pay to make current, future and recurring payments from an eligible Bank of San Francisco designated account.

E-Mail. 
Through the use of certain Equipment and/or Software, you can use electronic mail ("e-mail") to contact us about inquiries, maintenance and/or problem resolution issues. E-mail is not a secure method of communication over the Internet and we recommend you do not send confidential information by e-mail. We will use reasonable efforts to contact you within 24 hours or the next business day. These responses are considered received, regardless of whether the customer has logged on and read them. You should never use unsecured Internet e-mail to initiate a transaction against your account.

Bank of San Francisco Online Banking Service Fee.
Once you are an enrolled user of the Bank of San Francisco 's Online Banking Services, you may be charged the applicable Monthly Fee and/or Usage Fee whether or not you use the Services (please see the Bank of San Francisco Fee Schedule). You authorize us to automatically deduct all applicable charges and fees from your eligible Bank of San Francisco account. You may also be charged additional fees that may be assessed by your Internet Service Provider and you may be assessed additional fees by your telephone company.

If you do not use this service for any three-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.

Periodic Statement. 
You will be mailed periodic statements for your eligible Bank of San Francisco account(s) with the regularity provided for in the depositor, credit card, overdraft protection and line of credit agreements. In addition to reflecting your other account activity, your statements will include any transfers or Bill Payments you authorize using the Online Banking Services.

Reporting Unauthorized Transactions.
If you believe that an unauthorized transaction has been or may be conducted from one of your eligible personal or non-personal Bank of San Francisco accounts without your permission, call 415-744-6700 or write 575 Market Street, Suite 900 , San Francisco , California   94105 . If you do not report unauthorized transactions that appear on any of your periodic statements within 60 days after such statements are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the 60-day period if we can prove that we could have prevented the unauthorized use had we been notified within this 60-day period.

To report an error or an unauthorized transaction, you must provide us with the following information:

• Tell us your name and account number(s).

• Describe the suspected error or the nature of the problem, or describe what information you need.

• Tell us the dollar amount of the suspected error.

CONSUMER CUSTOMERS: We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. 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 ask for copies of the documents that we used in our investigation.

Business Days. 
Our business days are Monday through Friday, except Federal bank holidays and state holidays that may be observed.

Hours of Operation. 
Although electronic Bill Payment transactions can be processed only on business days, you can use your Equipment to send us e-mail 24 hours a day, seven days a week, except during any scheduled maintenance periods.

YOUR RESPONSIBILITY.
You are responsible for all Bill Payment you authorize using the services. If you permit other persons to use the Service or your Access Codes, you are responsible for any transactions they authorize from your eligible personal or non personal Bank of San Francisco deposit accounts. Tell us AT ONCE if you believe your Access Code has been lost or stolen. 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). If you tell us within two business days after your reasonable discovery of the loss or theft, you can lose no more than $50 if someone used your Access Code without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Access Code, and we can reasonably prove we could have stopped someone from using your Access Code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers 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 any money you lost after the 60 days if we could have stopped someone from taking the money if you had told us in time. If you believe your Access Code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 415-744-6700 or write to us at 575 Market Street, Suite 900 , San Francisco , California   94105 .

Your use of the Services under an eligible deposit account is your agreement to assume all risks and losses associated with the disclosure of your Access Codes to your employees or other persons. You agree to limit disclosure of your Access Codes to those employees and other persons you authorize to use the Services. YOU HEREBY RELEASE US FROM ANY LIABILITY AND AGREE NOT TO MAKE ANY CLAIM OR BRING ANY ACTION AGAINST US FOR HONORING OR ALLOWING ANY ACTIONS OR TRANSACTIONS WHERE YOU HAVE AUTHORIZED THE PERSON PERFORMING THE ACTION OR TRANSACTION TO USE YOUR ACCOUNT(S) AND/OR YOU HAVE GIVEN YOUR PASSWORD TO SUCH PERSON. YOU AGREE TO INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) ARISING FROM ANY SUCH CLAIMS OR ACTIONS.

 

Liability for Fund Transfers and Bill Payments. 
We or a third party acting as our agent, are responsible for completing fund transfers and Bill Payments from your personal account(s) on time according to your properly entered and transmitted instructions.

HOWEVER, NEITHER WE NOR THE SERVICE PROVIDER WILL BE LIABLE:

• IF YOU DO NOT HAVE ADEQUATE MONEY IN A DEPOSIT ACCOUNT TO COMPLETE A TRANSACTION FROM THE ACCOUNT, OR IF THAT ACCOUNT HAS BEEN CLOSED OR FROZEN;

• IF THE TRANSFER WOULD CAUSE YOUR BALANCE TO GO OVER THE CREDIT LIMIT FOR ANY CREDIT ARRANGEMENT SET UP TO COVER OVERDRAFTS;

• IF YOU HAVE NOT PROPERLY FOLLOWED SOFTWARE OR SERVICE INSTRUCTIONS ON HOW TO MAKE A TRANSFER;

IF YOU ATTEMPT TO TRANSFER FUNDS BETWEEN ACCOUNTS FROM DIFFERENT BANKS (USING THE FUNDS TRANSFER OPTION);

• IF YOU, OR ANYONE YOU ALLOW, COMMITS ANY FRAUD OR VIOLATES ANY LAW OR REGULATION;

• IF YOUR EQUIPMENT AND/OR SOFTWARE, THE BANK'S EQUIPMENT AND/OR SOFTWARE, OR THE PHONE LINES WERE NOT WORKING PROPERLY;

• IF CIRCUMSTANCES BEYOND OUR OR OUR AGENT'S CONTROL PREVENT MAKING A TRANSFER OR PAYMENT, DESPITE REASONABLE PRECAUTIONS THAT WE HAVE TAKEN. SUCH CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, COMPUTER FAILURE, TELECOMMUNICATION OUTAGES, POSTAL STRIKES AND OTHER LABOR UNREST, DELAYS CAUSED BY PAYEES, FIRES, FLOODS, OTHER NATURAL DISASTERS; OR ANY ELECTRONIC TERMINAL, TELECOMMUNICATION DEVICE OR ANY PART OF THE ELECTRONIC FUND TRANSFER SYSTEM IS NOT WORKING PROPERLY;

• IF YOU OR WE HAVE TERMINATED YOUR Online Banking SERVICE OR CLOSED THE ACCOUNT.

THIS LIST SHALL NOT BE CONSIDERED AS EXHAUSTIVE OF INSTANCES OF OUR LIMITED LIABILITY. THERE MAY BE OTHER EXCEPTIONS TO OUR LIABILITY AS STATED IN YOUR OTHER AGREEMENTS WITH US.

Disclosure of Consumer Account Information to Others.
We may collect nonpublic personal information about you from the following sources:

  • Information we receive from you on applications or other forms.
  • Information about your transactions with us or others.
  • Information we receive from consumer reporting agencies.

Except for California residents, we may disclose all of the information we collect, as described within the three bullet points above, to non-affiliated companies that perform marketing services on our behalf or to other non-affiliated financial institutions with which we have joint marketing agreements.

We do not disclose any nonpublic personal information about you or our former customers to anyone, except as permitted by law.

We restrict access to nonpublic personal information about you to our employees who need the information to properly service your account or act upon your requests.  We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

Changes/Interruptions in Services. 
We may, on a regular basis, perform maintenance on our equipment or system, which may result in interrupted service or errors in the Service. We also may need to change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.

Harm to Computer Systems/Data.
YOU AGREE THAT OUR LIABILITY 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 SHALL BE LIMITED TO REPLACING, OR THE REASONABLE COST OF REPLACING, THE LOST INFORMATION, SOFTWARE OR OTHER MATERIAL. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM SUCH HARMFUL COMPONENTS.

Performance of Software and Electronic Service. 
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE ONLINE SERVICES, OR FOR ANY LOSS OF ANY DATA, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. WE MAKE NO WARRANTY TO YOU REGARDING THE EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

Security. 
In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. We reserve the right to block access to the Services to maintain or restore security to our Site and systems, if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s).

Ownership of Materials. 
The reproduction or distribution of the content and information on our site is strictly prohibited.

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.

Cumulative Remedies. 
The rights and remedies provided by this agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive the right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, ordinance or otherwise.

Delays/Force Majeure. 
The obligations of the Bank shall be suspended to the extent and for so long as such obligations are hindered or prevented from being performed on account of labor disputes, war, riots, civil commotion, acts of God, fires, floods, failure of suppliers and/or subcontractors to perform, failure of power, restrictive governmental law and/or regulations, storms, accidents or any other cause which is reasonably beyond the control of the Bank.

Merger 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. This agreement may not be enlarged, modified or altered except in writing in accordance with the above provisions.

Choice of Law.
This Agreement shall be governed by and interpreted under California and Federal Law.

Amendment of this Agreement. 
We may amend this agreement (including changes in its fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation and unless prior notice is excused by law. Your continued use of the Services is your agreement to the amendment(s). Depositor's credit card, overdraft protection and line of credit will continue to apply in accordance with our published Schedule of Fees, as amended from time to time.

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 any other party.

Termination.
Except as provided above, we may terminate this agreement and any service provided hereunder at any time upon ten (10) business days prior written notice of termination to you. We reserve the right to terminate or to discontinue support of any software or equipment without written notice.

Waiver of Statutory and Other Legal Requirements.
YOU AGREE THAT ALL OF THE PROVISIONS OF THIS AGREEMENT ARE ENFORCEABLE AS YOU HAVE EQUAL BARGAINING POWER AND HAVE ENTERED INTO ALL PROVISIONS VOLUNTARILY AFTER A FULL REVIEW AND UNDERSTANDING OF THIS AGREEMENT WITH ANY DESIRED LEGAL, ACCOUNTING OR OTHER ADVISOR, AND YOU AGREE TO SPECIFICALLY WAIVE, IF LAWFUL, ANY STATUTORY PROVISION, CASE LAW OR OTHER LEGAL AUTHORITY WHICH IS IN ANY WAY CONTRARY TO AND/OR NULLIFIES/VOIDS ANY PROVISION OR PORTION OF A PROVISION OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY REQUIRED AGREEMENT FORMALITY.

Periodic Statement Disclosure

HERE IS HOW TO BALANCE OUR RECORDS WITH YOUR CHECKBOOK

     1. Sort your checks by number or date of issue. Compare them with your check register or check stubs. Indicate all paid checks with a checkmark.     
     2. Reduce your checkbook balance by the amount of any service charges not previously deducted.     
     3. Enter the balance shown on this statement on Line 1 of the balance form below.
     4. Enter any deposits made after the date of this statement on Line 2 of the balance form and add them to the statement balance.
     5. List and total all checks issued but not paid in the "Checks Outstanding" columns below. Enter this total on Line 3 of the balance form and subtract.
     6. The remaining balance should be the same as your checkbook balance. If the final balances do not agree, recheck the accuracy and completeness of all entries and computations. Any irregularity on the statement should be reported to the bookkeeping department at once.

  

OBJECTIONS TO ENDORSEMENTS not made within thirty days from date of discovery of irregularity and all other to said vouchers or to any item of such statement for any cause (whether then unknown or known) not made within thirty days from the last date covered by such statement shall be absolutely barred and waived.

DISCLOSURE TO THIRD PARTIES. We shall not disclose any information to third parties, pertaining to your accounts, except when necessary to complete transfers in order to comply with government or court orders under the Right to Financial Privacy Act of 1978, or in accordance with your written instruction.

IN CASE OF ERRORS OR QUESTIONS ABOUT ELECTRONIC TRANSFERS
Call or write to us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or the receipt. Our address is 575 Market Street, Suite 900, San Francisco, CA 94105 and telephone number is 415-744-6700. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared.
(1) Tell us your name and account number (if any)
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe there is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.
We will determine whether an error occurred within 10 business days (20 business days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question (90 days on new accounts, point-of-sale debit card transactions, or transfers initiated out of state). If we decide to do this, we will credit your account within 10 business days (20 business days for new accounts) for the amount you think is in error, so that you will have 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.

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 ask for copies of the documents that we used in our investigation.

HOW WE COMPUTE FINANCE CHARGES ON YOUR REVOLVING LINE OF CREDIT:
Finance Charges are imposed on advances as of the date of posting and continue to accrue until paid in full. We calculate the Current Finance Charge on your account by multiplying the Daily Periodic Rate by the Average Daily Balance on your statement including current transactions and then multiplying by the Days in the statement cycle. To get the Average Daily Balance we take the beginning balance of your account each day, add any new advances or other debits for that day, and subtract any payments or credits and any unpaid Finance Charges. This gives us the daily balance. Then we add up all the daily balances for the statement cycle and divide by the Days in the statement cycle. This gives us the Average Daily Balance. The billing cycle ends on the Closing Date. If your account is subject to a variable interest rate, your periodic rate may vary.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR REVOLVING LINE OF CREDIT BILL
If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet of paper at our address shown on the front of this statement as soon as possible. We must hear from you no later than 60 day after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: 1) your name and account number, 2) the dollar amount of the suspected error, 3) describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about.

You do not have to pay any amount in question while we are investigating but you are still obligated to pay the parts of your bill that are in question. While we are investigating your question, we cannot report you as delinquent or take any action to collect the amount in question.

This Account is subject to the terms and conditions and limitations appearing in the depositor's contract on the signature card. The bank disclaims responsibility for any error in, or improper charge to, the account as rendered unless informed in writing within 60 days of the delivery or mailing any statement or cancelled vouchers.

PINLESS DEBIT CARD TRANSACTIONS
We may process certain transactions as a PINless debit card transaction. A PINless debit transaction occurs when you enter your Visa Check Card or Visa Debit Card number and the transaction is posted to your account as an ATM Withdrawal or Debit Card Purchase with PIN authentication. Examples of transactions that may be PINless include, but may not be limited to, government payments, utilities, and property management transactions. Any transaction processed as a PINless debit card transaction is not covered by the provisions of the Visa Cardholder Agreement and do not qualify for rewards and/or Visa's Zero Liability Policy.

Schedule of Fees - Business Analysis Accounts
ACCOUNT ANALYSIS
Analysis Account Monthly Maintenance Fee $20.00
FDIC Assessment Fee 0.15% on Average Collected Balance
Negative Collected Balance Rate Prime + 3%
CASH MANGEMNENT
Cash Management Service Monthly Fee - Up to 5 Users Included $50.00
Cash Management Additional User Monthly Fee $5.00
Secure Token Replacement Fee $15.00
Credit Line Sweep Account Monthly Fee $50.00
Zero Balance/Sweep Account Setup Fee $30.00
ACH ORIGINATION
ACH Origination Monthly Process Fee $25.00
ACH Origination Per File Fee $5.00
ACH Origination Per Item Fee $0.15
POSITIVE PAY
Positive Pay Monthly Service Fee $25.00
Positive Pay Exception Fee $2.00
REMOTE DEPOSIT CAPTURE
Remote Deposit Monthly Service Fee $50.00
Remote Deposit Per Deposit Fee $1.25
Remote Deposit Per. Item Deposited Fee $0.10
BRANCH SERVICES
Branch Deposit Per Deposit Fee $1.25
Branch Deposit Per Deposited Item Fee $0.10
Checks Paid/Debits Per Item Fee $0.20
Currency Supplied - Per $1,000 $1.20
Rolled Coin Supplied - Per Roll $0.12
Returned Item Fee - Charged Back or Redeposited $10.00
Adjustment to Deposits $5.00
Insufficient Funds Fee (NSF)* - Paid or Returned $30.00
     Maximum NSF Fee Assessed Per Day $210.00
WIRE TRANSFER SERVICES
Incoming Wire Transfers $15.00
Incoming Wire Email Notification $5.00
Outgoing Wire Transfer - Domestic $30.00
Outgoing Wire Transfer - International $45.00
Reverse Wire/Drawdown Fee - Domestic Only $20.00
Online Banking Outgoing Wire Transfer - Domestic $20.00
Online Banking Outgoing Wire Transfer - International $35.00
ADDITIONAL SERVICES
Account Research Fee (Per Hour) - Charged in 15 min. Increments $35.00
Account Research Fee (Per Copy Requested) $5.00
Statement Copy Requested $5.00
Duplicate Monthly Statement Requested $5.00
Special Cycle Statement $30.00
Cashier's Check $10.00
Stop Payment Fee $20.00
Collection Fee - Checks/Bonds $30.00
     Plus any charges assessed by other institutions in collection process  
Collection Item Returned Unpaid $12.00
Foreign Draft $30.00
Documentary Collection Fee $40.00
Tax Levy/Garnishment $100.00
Courier Services Vendor Cost
Armored Car Services Vendor Cost
*NSF's may be created by check, in person withdrawal, ATM withdrawal, or other electronic means. Other fees may apply.
PROCESSING ORDER:
All credit transactions are processed first. Debits will be processed as follows: electronic items such as ATM and preauthorized transactions from low to high, then all other debits in serial number order. The processing order may affect the total amount of NSF fees incurred.
Schedule of Fees - Consumer/Business Non-Analysis Accounts
ACCOUNT FEES
Account Research Fee (Per Hour) - Charged in 15 min. Increments $35.00
Account Research Fee (Per Copy Requested) $5.00
Statement Copy Requested $5.00
Duplicate Monthly Statement Requested $5.00
Special Cycle Statement $5.00
Returned Item Fee - Charged Back or Redeposited $10.00
Adjustment to Deposits $5.00
Insufficient Funds Fee (NSF)* Paid or Returned $30.00
     Maximum NSF Fee Assessed Per Day(Consumer) $150.00
     Maximum NSF Fee Assessed Per Day(Business) $210.00
Continuous Overdraft Fee - per business day account remains overdrawn $5.00
Cashier's Check $10.00
Cashier's Check - Non Customer On Us Check $15.00
Stop Payment Fee $20.00
Incoming Wire Transfers $15.00
Incoming Wire Email Notification $5.00
Outgoing Wire Transfer - Domestic $30.00
Outgoing Wire Transfer - International $45.00
Reverse Wire/Drawdown Fee - Domestic Only $20.00
Collection Fee - Checks/Bonds $30.00
     Plus any charges assessed by other institutions in collection process.  
Collection Item Returned Unpaid $12.00
Foreign Draft $30.00
Documentary Collection Fee $40.00
Tax Levy/Garnishment $100.00
ADDITIONAL SERVICES
Remote Deposit Monthly Service Fee $50.00
Cash Management Service Monthly Fee - Up to 5 Users Included $50.00
Cash Management Additional User Monthly Fee $5.00
Secure Token Replacement Fee $15.00
Credit Line Sweep Account Monthly Fee $50.00
Zero Balance/Sweep Account Setup Fee $30.00
Online Banking outgoing Wire Transfer - Domestic $20.00
Online Banking Outgoing Wire Transfer - International $35.00
Courier Services Vendor Cost
Armored Car Services Vendor Cost
*NSF's may be created by check, in person withdrawal, ATM withdrawal, or other electronic means. For consumer accounts, a fee will not be assessed for an NSF Caused by ATM withdrawals or one-time card transactions. Other fees may apply.
PROCESSING ORDER:
All credit transactions are processed first. Debits will be processed as follows: electronic items such as ATM and preauthorized transactions from low to high, then all other debits in serial number order. The processing order may affect the total amount of NSF fees incurred.