General Disclaimer

Business Online Banking Agreement

 

Central Valley Community Bank

Electronic Banking Department:

(800)298-1775

7100 N. Financial Drive Ste. 101 Fresno, CA 93720

customerservice@cvcb.com

Effective Date:  September 16, 2020

Central Valley Community Bank Online & Mobile Banking User Agreement

This Agreement is a contract that establishes the rules that cover electronic access to your accounts at Central Valley Community Bank ("CVCB") through CVCB’s Business Online Banking System ("online banking"). By using online banking, whether by accessing via computer and/or mobile device (smart phone/device, tablet), you accept all the terms and conditions of this Agreement. Please read it carefully.

Acceptance - By using online banking, you agree to be bound by this Agreement, as well as any other agreements, disclosure, rules, or notices relating to online banking and any other account or loans as may be posted on Central Valley Community Bank’s website or otherwise made available to you, as applicable, and as amended from time to time. If you do not agree to be so bound, you may not use online banking.

We recommend that you print or store a copy of this Agreement for your records.  If you are unable to print or store a copy of this Agreement or if you experience computer or printer malfunctions, please call us and we will mail you a paper copy of this Agreement.   You may also review this Agreement from time to time, and at your convenience on our website at www.cvcb.com.

Definitions - In addition to other terms defined in this Agreement, the following terms have the following meanings:

Access Codes – means an access ID and password used by you to access the Business Online Banking System and Services.

Account – means the deposit and loan accounts that you maintain with us.  Not all Services are available with all your Accounts.

ACH Origination - refers to the creation of debit and credit entries to facilitate the transfer or placement of funds in another institution through the Automated Clearing House (ACH) network. The ACH network is a funds transfer system governed by the National Automated Clearing House Association (NACHA).

Affiliates - means a company related by common ownership or control

Agreement - means this Central Valley Community Bank’s Business Online Banking Agreement as it may be amended, supplemented or revised by us from time to time.

Authorized User - is any individual, Consumer, Agent, or Business Customer whom you allow to use the Service or your Password or other means to access your Eligible Account(s).

Biller – is the person or entity to which you wish a Bill Payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

Bill Payment Service Provider – refers to the contractor, sub-contractor, or provider of our Bill Payment and Delivery Services, CheckFree Services Corporation.

Business Day - is every Monday through Friday, excluding Federal Reserve holidays.

Business Customer - Refers to anyone other than a Consumer who owns an Eligible account with respect to which the Service is requested primarily for business purposes.

Business Day Cutoff - Refers to the cut-off time for posting purposes. The cut-off time for online transactions is based upon our Business Days and the Pacific Standard Time (PST) Zone. For posting purposes, we will process all transactions completed by 9:00 PM (PST) on the same Business Day. Transactions completed after 9:00 PM (PST) will be processed on the following Business Day.

Eligible Accounts - An Eligible Account means any one of your account(s) to which we may allow access through the Service under this Agreement.   You may request Internet access to any account that you are a signer or owner. If you or your Authorized Users desire features of the Service that allow you to initiate Bill Payments, transfers, ACH transactions, or otherwise remove funds from an account, you must have the required withdrawal authority over the relevant Eligible Account. 

You agree to maintain one or more Eligible Accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.

Joint Accounts - an Eligible Account that is added to the Service which is jointly held or has multiple signers.

Laser Draft Payment - is a payment method similar to a check written by you on your Payment Account. Billers should receive Laser Draft Payments no later than the Scheduled Payment Date. Funds remitted to the Biller are deducted from your Payment Account when the Laser Draft is presented to this Financial Institution for payment. As a result, neither this Financial Institution nor its Service Provider(s) can control when your Payment Account will be debited for a Laser Draft Payment.

Password - means your password that is known solely by you and not by Central Valley Community Bank or our Service Providers that you use to access the Business Online Banking Service.

Payment Account - is the checking account from which Bill Payments will be debited. You must be a legal owner of any Payment Account registered for the Service.

Payment Instructions- is the information provided by you to the Service for a Bill Payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

Scheduled Payment - is a Bill Payment that has been scheduled through the Service but has not begun processing.

Scheduled Payment Date - is the day you want your Biller to receive your Bill Payment and is also the day your Payment Account will be debited (other than Laser Draft Payments, as described above), unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

Service - means the Business Online Banking, Bill Payment and Delivery services offered by Central Valley Community Bank through its Service Providers.

Service Guarantee - the amount this Financial Institution's Service Providers will bear responsibility for in accordance with the terms and conditions of this Agreement should a Bill Payment post after its Due Date.

Service Provider - includes any agent, licensor, independent contractor or subcontractor that this Financial Institution may involve in the provision of Business Online Banking, Bill Payment, and electronic Bill Delivery services.

You and your - As used within this Agreement, "you" and "your" refer to the person enrolling in the Service, owner of the eligible accounts, Business Customer, as well as any Authorized Users that such person allows, subject to the parameters of multiple user access as set forth within the Service.

We, us, or our - As used within this Agreement, refer to Central Valley Community Bank and any agent, independent contractor, Service Provider, sub-contractor, licensor, designee, or assignee that Central Valley Community Bank may involve in the provision of the Service.

Access - To use online banking, you must have at least one checking account at CVCB, access to Internet service, and an e-mail address. Your internet browser must have encryption capabilities at a minimum 128-bit level. Internet browser can be used on desktop computer and/or mobile device (Smart Phone, Tablet, iPod with App capabilities). Online banking can be used to access only the CVCB accounts for which you are an authorized signer. We undertake no obligation to monitor transactions through online banking to determine that they are made on behalf of the accountholder.

The Business Online Banking system supports the most current versions of Chrome, Firefox, Internet Explorer and Safari, for MacOS.  Some features of the Business Online Banking Services may not be supported with older browsers.

  • You will need access to a printer and/or other storage medium such as hard drive for downloading information or printing disclosures.
  • You must maintain fully updated anti-virus protection on your computer at all times
  • Prior to enrolling in the Business Online Banking Service and accepting the electronic version of this Agreement, you should verify that you have the required hardware and software necessary to access the Business Online Banking Service and to retain a copy of this Agreement.
  • If we revise hardware and software requirements, and if there is a material change that impacts your ability to access the Business Online Banking Service, we will give you advance notice of these changes and provide you with an opportunity to cancel the service and/or change your method of receiving electronic disclosures (e.g. change to paper format vs. an electronic format) without the imposition of any fees. You may retrieve amendments to this Agreement in an electronic format. With your acceptance below, you agree to accept this agreement and other Business Online Banking related disclosures in an electronic format. You also agree and represent that you have the necessary equipment for accessing the Business Online Banking Service and for viewing electronic disclosures.

Secure Access Code – Once enrolled into online banking, when submitting a transaction that requires a Secure Access Code, you will be prompted to enter the Secure Access Code which will be sent to your preferred delivery option (text, voice or email).  Within seconds, the time-sensitive Secure Access Code will be delivered and once correctly entered into the system, the transaction can move forward.  The Secure Access Code will be valid for 10 minutes.  If you are unable to enter the Secure Access Code within 10 minutes, a new one may be generated up to two more times. 

Secure Access Codes sent via text message will come from 86434.  We recommend that you save this number in your contacts so you know that the message is coming from Central Valley Community Bank.  Please do not reply to messages sent from this number.

Secure Access Codes sent via email will come from notifications@cvcb.com.  We recommend that you add this email address to your list of safe email addresses to avoid having messages marked as spam.  Please do not reply from messages sent from this address.

Secure Access Codes sent via phone call will come from 800.298.1775.

Electronic Disclosures - As part of the enrollment process, we may ask if you want to receive electronic only versions of your account statements (e-statements). If you enroll for e-statements and then later decide that you want to receive paper statements, you can "opt-out" of electronic delivery on the "Statements" page within the Business Online Banking Service. After your request to opt-out is processed, you will begin receiving paper copies of account statements and additional charges may apply.

If you consent to receive electronic disclosures and later change your mind, you may withdraw your consent and change to paper delivery format. You can notify us of your intent to cancel electronic disclosures by:

Letter to Central Valley Community Bank - Customer Service,

7100 N. Financial Drive Ste. 101, Fresno, CA 93720

Secure message through the Business Online Banking Service, or

By contacting us at this phone number: (800)298-1775

If you send us a secure message through the Business Online Banking Service or write us a letter, please be sure to identify yourself and the applicable accounts.

If you enroll for e-statements and then later close your accounts with Central Valley Community Bank, your access to the Business Online Banking Service will also be terminated.

You should print or save a copy of all disclosures delivered electronically. Business Online Banking customers may request paper copies of disclosures such as this Business Online Banking Agreement free of charge.

The equipment necessary for accessing these types of disclosures electronically is described under Access above.

Basic Business Online Banking Services - The basic features currently available through the Service include:

  • Access to multiple accounts.
  • Transfer funds among your deposit accounts and eligible loan accounts with us.
  • View account balances for checking and savings accounts.
  • View account history for checking and savings accounts.
  • Search history by check number, amount, or date range.
  • Export history to personal finance software.
  • View transactions in checkbook format.
  • Request stop payment.
  • Manage your user rights.
  • Additional functions may be made available from time to time, subject to the terms and conditions of this Agreement.

Fees -  There is no fee associated with Basic Business Online Banking Service to view balances or conduct account transfers.  You are responsible for any and all fees assessed by your Internet service provider, telephone or mobile device carrier. Any applicable fees will be charged regardless of whether the Business Online Banking Service was used during the billing cycle.

Enrollment Process - You must complete the enrollment process to use the Service. You can enroll for the Service on the Internet or you can enroll at any of our offices. You can also print the enrollment form accessible on our website and mail it to us at the address listed at the beginning of this Agreement.

The Internet enrollment process involves completing a secure online application that we will use to verify your identity. You will also choose your Access ID and Password during the enrollment process.

When you enroll for the Service, you agree to provide true and accurate enrollment information. Our Electronic Banking Department will verify the information you submit for accuracy and proper authorizations. In about one week, you will receive a package in the mail with additional information regarding your account activation and our Service. You may begin using the service only after you have received an email confirmation of your activation.

Linked Accounts - When you first enroll for the Basic Business Online Banking Service we will link all of your requested Eligible Accounts to one Access ID. If you want to limit the accounts linked or the privileges assigned to an account, please contact us at (800)298-1775 or send us a secure email message through the Service.  WITH THE EXCEPTION OF SOLE PROPRIETORS, BUSINESS CUSTOMERS MAY NOT LINK PERSONAL CONSUMER ACCOUNTS TO THE SERVICE.

Signature Requirements - When any online transfer, ACH, or other Payment Instruction is initiated through the Business Online Banking Service for your benefit, you agree that we may debit the designated Eligible Accounts without requiring your signature on the item and without any notice to you.

Authorized Users of Business Customers that may be assigned payment or transactional capabilities through the Business Online Banking Service should be authorized by the Business Customer to make or approve electronic transfers, even though that person's authority to make transfers by other means may still require dual signatures.

Mobile Banking – As used in this Agreement “mobile banking” means a service that allows you to use a mobile device (Smart Phone, Tablet, iPod with App capabilities) to access CVCB’s online banking service. "Mobile device" means a wireless device, not a personal computer, including a mobile phone or personal digital assistant (PDA) that has text messaging capabilities and/or is Internet (Web) enabled. Your wireless provider’s standard rates apply to Internet access, including messaging rates that apply to SMS usage.

We do not charge for any content; however, downloadable content may incur additional charges from your wireless provider. Please contact your wireless provider for information about your Internet access and messaging plans. Your wireless provider may impose Internet access, message and/or charge limitations that are outside of our control, for using this service on your account. All such charges are billed by and payable to your wireless provider. You are responsible for any charges from your wireless provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions of your wireless provider.

 

Your wireless provider’s standard rates apply to Internet access, including messaging rates that apply to SMS usage. We do not charge for any content; however, downloadable content may incur additional charges from your wireless provider.

Please contact your wireless provider for information about your Internet access and messaging plans. Your wireless provider may impose Internet access, message and/or charge limitations that are outside of our control, for using this service on your account. All such charges are billed by and payable to your wireless provider.

You are responsible for any charges from your wireless provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions of your wireless provider.

 

You represent that you are the owner or authorized user of the mobile device you use to receive our mobile banking service, and that you are authorized to approve the applicable charges. You agree that we may send messages through your wireless provider to you and that your wireless provider is acting as your agent when sending and receiving messages. We may use the telephone or mobile phone number, email address or other delivery location we have in our records for you or other such information as you may provide to us to contact you for mobile banking.

 

Your wireless provider and other service providers may also collect data from your mobile banking usage, and their practices are governed by their own policies. We are not responsible or liable for the acts or policies of such service providers. We will only use the information you provide to us from your mobile banking usage in connection with our online banking service.

 

Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

 

Our mobile banking service, as well as the content and materials you may receive or access through your use of our service, are proprietary to us and our licensors, and are for your personal, noncommercial use only. You will not damage, impair, interfere with, or disrupt our online banking service or its functionality.

 

You agree that if you are using our mobile banking service outside the United States, you are responsible for having access to the appropriate wireless and/or telecommunications networks and are responsible for all associated fees and charges.

You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your use of the mobile banking and your provision of a telephone or mobile phone number, email address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of this Agreement.

 

WAIVER OF REQUIREMENT FOR TWO SIGNATURES – You recognize that any requirement to verify two signatures on checks, if such a requirement exists, does not apply to electronic or mobile phone transfers, including online bill payments, and you release CVCB from liability when making such transfers or payments.

This means that any person who is authorized to act as a signer on your account shall be authorized by you to individually make electronic or mobile phone transfers, including online bill payments from your account, even though that person's authority to transfer or withdraw funds from your account by some other means (e.g., by check) must be exercised jointly with one or more other persons.

 

Account Balances – You can use online banking to check the balance of your CVCB account, view CVCB account histories, transfer funds between your CVCB accounts, give other individuals you trust and rely on online banking access to your accounts, order checks, make stop payment requests, view checks, and pay bills from your CVCB accounts in the amounts and on the dates you request if you have enrolled in the Bill Payment Service.  Balance information is real time and transaction history is available as of 11:00 p.m.  (Pacific Standard Time) on the current business day.

Access to Business Lines of Credit (BLOC) - You can use the Business Online Banking Service to make credit advances from certain eligible BLOC to your designated Account with us.   You can use the Business Online Banking Service to make credit advances from certain eligible BLOC to your designated Account with us.  

You agree that each person who accesses the Business Online Banking Service to make advances to the Account is either an “Authorized Signer” as that term is defined in the applicable BLOC (“BLOC Agreement”) or a person who has been authorized by you to have access as a System Administrator.  You can make credit advances using the Business Online Banking Service subject to the following conditions:

a)      The advance will not cause your BLOC to go above the approved limit.

b)      The terms of your BLOC Agreement currently allow credit advances: (i) by telephone request; (ii) by requesting a credit advance in person; (iii) by writing a preprinted Quickline Check or similar check on your BLOC designated Account; or (iv) because you have insufficient funds in your designated checking account with us in excess of the available collected balance in the account.

c)       You are not in default, which includes but is not limited to failing to make payments when due, under the terms of BLOC Agreement.

Certain BLOCs are not eligible to make credit advances.  We reserve the right to determine that any BLOC is ineligible for use in making credit advances by online banking and to change that eligibility from time to time.

There is no fee for using the Service to make advances from your BLOC to your designated Account.  You may be assessed other fees (e.g., annual and advance transaction fees) based on the terms of your BLOC Agreement.

You agree that we have the right to suspend automatic advances from your BLOC made through the Business Online Banking Service to your designated Account if your BLOC is nearing 30 days past due.  Neither termination nor suspension will affect your liability or obligations under the BLOC Agreement.

We may also suspend BLOC advances made through the Business Online Banking Service at our sole discretion, including but not limited to, if you are in default under the terms of the BLOC Agreement.

By accessing the BLOC under the Business Online Banking Service, you acknowledge that such access constitutes a separate signature authorization for the designated Account.

You further agree and acknowledge that all notices as may be required under the terms of your BLOC Agreement may be sent by us to you electronically at the email address shown for you in our records.  Any such email notice sent by us to you will be deemed given and effective when sent to you, or as otherwise stated in the notice or communication.

Hours of Access - You can use online banking seven days a week, twenty-four hours a day, although some or all online banking services may not be available occasionally due to emergency or scheduled online banking maintenance. We agree to post notice of any extended periods of non-availability on the online banking website whenever possible. Online banking may also be unavailable due to internet service interruptions, equipment problems, or other disruption to service.

Your access to online banking shall be determined at the sole discretion of CVCB. CVCB reserves the right to modify, suspend, or terminate access to online banking at any time and for any reason without notice or refund of previously incurred fees, if any. CVCB will terminate access to online banking after 180-days of inactivity unless you have scheduled bill payments pending. You agree to observe all such changes and that CVCB is not responsible for any interruption, loss or liability that may occur should you, your computer, or your mobile handheld device not support such changes.

Internal Funds Transfers - Allows authorized representatives to transfer money between eligible accounts with us, including access to your business loans or lines of credit, such as under a Quickline Credit Agreement or similar business lines of credit (collectively “BLOC”), if any, subject to the terms and conditions set forth in the Business Online Banking (Standard) Agreement. 

To the extent we allow loans and lines of credit to be linked, you agree that the relevant loan agreement, note or other document is modified as provided in the Agreement and as otherwise necessary to allow the transfers. We may process transactions from loan accounts without regard to access limitations in any loan documentation or agreements.

Transfers may be scheduled to be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions of this Agreement and other Agreements between you and the Bank (including, but not limited to those contained in the deposit account agreement that limit the number of transfers that may be made from your account during any monthly period).

Although your authorized representatives can enter transfer information through Business Online Banking twenty-four (24) hours a day, seven (7) days a week, transfers can be initiated by the Bank only on business days. 

Funds will be deducted from your account on the business day for which your authorized representative directs the transfer to be initiated by the Bank.  This date is referred to in this Agreement as the "Transaction Date."  If the date designated as the Transaction Date is not a business day, the Transaction Date will be deemed to be the business day following the date that your authorized representative designated. 

Recurring transfers are those made for the same amount and are made on a weekly, bi-monthly, monthly or other periodic basis.  Once started, recurring transfers will be made automatically until cancelled or deleted. You can stop any or all of these recurring transfers online within Business Online Banking. 

Cancelling or Changing Transfers - You cannot cancel a transfer after it has been entered into the system AND the information has been processed and/or transmitted to us through the Service; however, you can edit or change a transfer that is still "pending".   In order to cancel or change a pending transfer, use the following procedures:

  • Log in and make edits to the appropriate transaction.
  • Edits must be made before 9:00 PM Pacific Standard Time for transfers scheduled to be processed the same Business Day
  • You may edit a pre-scheduled (future dated/automatic) transfer any time before 9:00 PM Pacific Standard Time on the Business Day before the scheduled transfer date.
  • For transfers, you can change the transfer amount to $0.00, or
  • If you accidentally transfer funds, you can schedule another transfer to move funds back to the original account.

Separate agreements with Business Customers will detail the required time-frames for submitting and making changes to ACH transactions.

Stop-Payment Requests - Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment which has been paid electronically. You may be able to stop an online banking bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop-payment request.

We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment.

You may initiate stop-payment requests online via online banking and clicking “Services” in the main navigation menu, then selecting ‘Stop Payment’ only for paper checks you have written (non-electronically) on your CVCB accounts (not online banking bill payer paper drafts.) Online stop-payment requests are processed by 8:00 a.m. on the business day following the date the stop payment has been requested online.

To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check. If you make your stop-payment request online or by telephone, we may also require you to put your request in the form of paper writing and get it to us within 14 days after you call.

You will incur stop-payment charges as disclosed in our Schedule of Fees for the applicable account. Stop-payment charges for online banking bill payment paper drafts will be assessed in addition to the stop-payment charges for the applicable account.

Transaction Limitations - You may use the Service to check the balance of your Eligible Account (s) and to transfer funds among your Eligible Accounts at this Financial Institution. You must have sufficient funds in your account to cover the amount of any online transfers and Bill Payments on the scheduled payment date set for the transaction, or the transaction may not be processed. NSF and/or overdraft charges may be incurred if Bill Payments exceed your account balance.

Privacy - We understand how important privacy is to our customers. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You should read our privacy notice before completing the enrollment process for the Service.

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

  • Where it is necessary for completing transactions;
  • Where it is necessary for activating additional services;
  • In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
  • In order to comply with a governmental agency or court orders; or
  • If you give us your written permission.

Please refer to our Privacy Policy for additional details on disclosure of account information.

Security - The Business Online Banking Service utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. Prior to activating your access to the Business Online Banking Service, our Electronic Banking Department will verify your identity and authorization against information associated with the Eligible Account (s) that you request to be linked to the Business Online Banking Service.

Access IDs and Passwords - One of the main security features protecting the Business Online Banking Service is the unique combination of your Access ID and Password. During the enrollment process, you will be asked to select a unique Access ID and Password. For security purposes, do not use your account number or social security number as your Access ID. Encryption and access controls are used to protect your Password within our database. If you need to reset your Password, you may use our online automated Password reset feature or you may contact us for assistance.

  • Because your Password is used to access your accounts, you should treat it as you would any other sensitive personal data.   
  • Passwords require a minimum of 8 characters and have at least one upper case letter, one lower case letter, one number, and a special character.
  • You should carefully select a Password that is difficult to guess.
  • You should not use words based on your name, address or other personal information.
  • Special characters may be used to increase security.
  • Do NOT use dictionary words.
  • Keep your Password safe.
  • Memorize your Password and do NOT write it down.
  • You should also change your Password occasionally, such as every 90 days.
  • Passwords should not be shared with anyone, even Authorized Users.

The "Help" link within the Business Online Banking Service will offer tips on choosing a secure Password that you can remember.

When you enroll in the Business Online Banking Service you agree to change your Password immediately if you suspect that your Password has been compromised. This can be done at any time from the "Preferences” tab after you log on to the Business Online Banking Service.

Neither this Institution nor its Service Providers will contact you by telephone, email or text messaging requesting personal information, such as your ACCESS ID, password, credit card number, ATM Card Number or ATM Pin. If you are contacted by anyone requesting this type of information, do not provide any information and contact our Electronic banking department immediately at (800)298-1775.

Encryption - The Business Online Banking Service uses the Secure Socket Layer (SSL) encryption technology for everything you do while using Business Online Banking. Your browser automatically activates this technology when it attempts to connect to our Business Online Banking Service. The Business Online Banking Service requires a browser that supports 128-bit encryption and we will warn you if your browser does not meet this requirement.

Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from "open" to "locked". What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.

Certificate Authority - The servers hosting the Business Online Banking Service have been certified by a certificate authority to assure you that you are actually talking to the Business Online Banking Service instead of someone pretending to be us. By clicking on the lock within the Business Online Banking Service, you can view the certificate to ensure it's valid.

Cookies - During your use of the Business Online Banking Service, our Business Online Banking Service Provider will pass an encrypted session cookie to your computer that enables us to process multiple transactions during the session without having to provide an Access ID and Password for each individual transaction. You must accept this cookie to use the Business Online Banking Service. The session cookie is stored on your computer's hard-drive, identifying your computer while you are logged on.

The session cookie contains no personal information. When you log off, close your browser, or turn off your computer, the session cookie will be destroyed. A new cookie is used for each session; thus, no one can use the prior cookie to access your account.

Our Service Provider also uses persistent or "permanent" cookies to identify this Institution and your computer as part of our enhanced security. The permanent cookies will remain on your computer's hard drive until you clear cookies with your browser. If you do not accept these cookies, you may not be able to use all the features of the Business Online Banking Service.

Multi-Level Authentication - We use multi-level authentication (or enhanced security) to help prevent unauthorized access to your accounts. As part of our enhanced security solution we may ask you to select challenge questions which may be used to help verify your identity in the event unusual login or transaction activity is detected. We may also send you a One Time PIN (OTP) which can be used to help authenticate your login or transaction requests.

You agree that we are not responsible for any electronic virus that you may encounter using online banking. We encourage you to routinely scan your computer using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.

If you choose to allow online banking access for individuals using the online banking service, you agree to be solely responsible for the activities of those individuals according to the access entitlements you create for them. You are responsible for creating Login ID and Password that meet the online banking requirements. You are responsible for instructing these individuals on the importance of Security as described in this agreement. You are responsible for any fees or charges incurred by these individuals in their use of online banking Services.

Contact in Event of Unauthorized Access - Central Valley Community Bank will NEVER contact you to ask for your Access ID or Password. If you are approached by anyone to provide your Access ID and Password, DO NOT PROVIDE THIS INFORMATION. Contact the Bank immediately, as you could be the victim of attempted fraud or identity theft. Tell us at once if you believe any of your Passwords have been lost, stolen or otherwise made available to an unauthorized person.

Telephoning the Bank is the best way to minimize possible losses. All the money in your Accounts (plus your maximum overdraft line of credit) may be at risk in the event of fraudulent access to your account(s). If you believe your Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, use one of the following methods:

  1. Call 800-298-1775
  2. Or write to us at:

Central Valley Community Bank

Attn: Electronic Banking Department

7100 N. Financial Drive, Ste. 101

Fresno, CA  93720

Immediately contacting us by phone is the best way of reducing your possible losses, since not all e-mail may arrive at their destinations in a timely manner. We will send e-mail back to you as confirmation that we did receive it. Because E-mail is not secure, do not include any of your account or social security numbers within your e-mail. Your name, address, daytime phone number, and a brief message description of the problem is all we will need.

If you have given someone your Internet Banking ID and Password or other means of access and want to terminate that person's authority, you must change your identification number and Password or other means of access or take additional steps to prevent further access by such person.

Your Security Obligations - You are solely responsible for the maintenance, installations, and operation of your computer INLCUDING but not limited to THE USE OF UPDATED ANTI-VIRUS PROTECTION.

Neither This financial institution nor its service providers shall be responsible for any delays, errors, deletions, failures, or disclosure of personal or Business Account information that may occur as a result of any Virus, Trojan, shared password, or malfunction of your computer or software or you Failure to adequately maintain and secure your computer AND SOFTWARE.

All Authorized Users should sign-off after every session. While online sessions will automatically end after a period of inactivity, logging off can help protect you in case you accidentally leave your computer unattended.

Refrain from using public computers (e.g. computers in a library, Internet café or hotel business center) to access your online banking accounts. The security of public or shared computers cannot be assured

Always keep your computer's operating system and browser fully patched for critical security issues. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Business Online Banking Service.

Always keep your anti-virus and anti-spyware software current and routinely scan your computer, servers, and electronic media using reliable virus detection and anti-spyware products. Undetected or un-repaired viruses or malicious software (malware) may affect the performance of your computer, corrupt and destroy your programs, files, and even your hardware.

Furthermore, undetected or un-repaired viruses or malware may affect the security of online accounts and the privacy of personal information stored on your computer. If your computer is compromised by some form of malware, virus, or Trojan, you could unintentionally transmit sensitive account information or personal data to another third party or transmit a virus to other computers.

Always use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem

If you use a wireless internet connection to access your online accounts, make sure that the wireless network is encrypted

Occasionally we may post important security notices on our website and/or send you online banking security related notices or reminders.  It is your responsibility to read all security notices.

Protecting Your Password - When you or your Authorized Users accept the terms and conditions of this Agreement, you agree not to give or make available your Password or other means to access your account to any unauthorized individual(s).

You are responsible for all transactions authorized or requested though the Business Online Banking Service using a valid Access ID and Password, including those situations when your Access ID and Password are obtained due to compromise to your computer. If you permit other persons to use the Business Online Banking Service with your Password, or other means to access your account, you are responsible for any transactions they authorize.

If you believe that your Password or other means to access your account has been lost or stolen or that someone may attempt to use the Business Online Banking Service without your consent or has transferred money without your permission, you must notify us at once by calling (800)298-1775 during customer service hours. You can also contact us by sending a secure message through the Business Online Banking Service.

If you or your Authorized users disclose your Password to anyone, and/or if you allow someone to use your Password to access your accounts, you are authorizing them to act on your behalf and you will be responsible for any use of the Business Online Banking Service by them (e.g., such as when you provide this information to a joint account holder, an employee, an aggregation service provider, or when your personal computer is compromised by a key stroke Logging virus or any other type of malware).

You agree that we may send notices and other communications, including Password change confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual.

Our Liability for Failure to Complete Transactions - We will use commercially reasonable efforts to make all your transfers and Bill Payments properly.  However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:

  • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
  • The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
  • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller;
  • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
  • If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
  • It can be shown that the Biller received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
  • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
  • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
  • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
  • Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account, or causes funds from your Payment Account to be directed to a Biller, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
  • Documentation and Verification of Payments and Transfers Information regarding Business Online Banking transactions will be reflected on the account detail in the Service and in your regular monthly account statement(s).

Provisions Applicable to Business Accounts

Protecting Your Account(s) - The Service will allow Business Customers to establish individual Access IDs, Passwords and privileges for each Authorized User. Transaction history is maintained for each Access ID.  Additional fee may be assessed for each Access ID that is established.

Business Customer(s) will be solely responsible for designating Authorized Users and assigning privileges within the service.

As a security measure, Business Customers should evaluate and implement the dual control features within the Service for ACH Origination and wire transfers.

ACH Origination - Authorized Users of Business Customers who have been approved for ACH Origination privileges may edit, delete, or "un-approve" ACH transactions prior to the scheduled date for the transaction. Separate agreements will detail the required commercially reasonable security procedures for submitting and making changes to ACH transactions.

If ACH batch transactions have been approved and submitted to us for processing, you must contact us immediately if any changes are necessary after the designated cut-off time. In these situations, we may not have sufficient time to stop the transactions from processing before the schedule payment date.

Some ACH and wire transactions will require Out of Band Authentication, also known as OOBA, by way of a One Time PIN (OTP) for the protection and security of your business. Computer hackers are constantly looking for ways to gain access to online banking accounts. Keystroke logging programs and phishing schemes are examples of ways that criminals use to gain access to your user name and password.

As a result, it is necessary to use two separate security systems working simultaneously to authenticate some transactions. While OOBA is an additional security measure, it is not guarantee of fraud prevention. Central Valley Community Bank takes every opportunity to educate its online customers about Internet Security and Fraud Prevention.

More information can be found at www.cvcb.com by clicking on Customer Safety under Quick Links.

The account transactions that will require OOBA for Central Valley Community Bank consists of ACH Credits by SEC Code, Domestic and International Wire Transfers, and Send a File. When OOBA is required for your transaction, the use of a One Time PIN (OTP) will be required to complete the transaction.

Wire Transfers – Business Customers who have been approved to make Wire Transfers through the Service by signing a Wire/Funds Transfer Agreement, authorize the Bank to act upon instructions for the transfer of funds from one account to another designed by the customer to any other account(s) or to any third party when such instructions are received from the customer’s authorized representative(s) or are authenticated by the Bank in accordance with the security procedures selected by the customer. 

You agree that the Bank shall have the right to charge the amount of funds transferred to any of your accounts at the Bank in the event that no account is designated or a designed account has non-sufficient funds. 

Business Customer Liability - Business customer represents and warrants that its authorized users have the appropriate authority to initiate transactions through the business online banking service. Business customer also represents and warrants that it maintains or requires current and updated anti-virus software on all computers used to access the business online banking service by it or on its behalf.

Business customer authorizes this financial institution and its service providers to act upon, and agrees to be bound by, any transaction, whether or not authorized, that is initiated with an access id and password of any authorized user(s).
 
Furthermore, any instructions, directions, or other information provided by the business customer, or any of its authorized users, will be deemed to have been authorized by the business customer. This financial institution and its service providers will not be responsible for verifying the identity or authenticity of any person claiming to be an authorized user of the business customer.
Business customer assumes any and all liability arising from the use or misuse of the business online banking service or eligible accounts by its authorized users or as a result of a compromised computer due to a breach of any of the foregoing warranties.
 
Business customer agrees to indemnify and hold harmless this financial institution and its service providers for any liability and damages resulting from or acting upon any transaction, direction, instruction, or information that is initiated with an access id and password of business customer's authorized user(s) regardless of whether such transaction, direction or instruction is made by an authorized user.
 

Business Customer agrees that we may send notices and other communications, including emails, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Central Valley Community Bank and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to:

Require all Authorized Users to keep Passwords secure and strictly confidential;

IMMEDIATELY NOTIFY US AND SELECT A NEW PASSWORD IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSWORDS MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON.

We may disable Passwords of Authorized Users even without receiving such notice from you if we suspect Passwords are being used in an unauthorized or fraudulent manner.

Business Customers shall be solely responsible for the development and implementation of all commercially reasonable security procedures to protect their computer systems used to access the Business Online Banking Service.

Central Valley Community Bank and its service providers shall have no obligation, liability or control, either directly or indirectly concerning the Business customers' selection of security systems or devices used to protect its computer System(s). Furthermore, neither this Institution nor its Service Providers shall have control over Business Customers' development or implementation of said security procedures or the failure of business customer to maintain said procedures.

Business customers shall be solely responsible for any and all losses and damages arising from any authorized or unauthorized access to the Business Online Banking Service using a valid Access ID and Password.

Commercially Reasonable Security Procedures - When you accept this Agreement and use the Service, you acknowledge and agree that the Service includes security measures which are commercially reasonable.   You agree to be bound by our security procedures and instructions, which may be periodically updated. You agree to review and implement all security procedures available in connection with the Business Online Banking Service, including procedures to protect the confidentiality of your Access ID and Password and the same for your Authorized Users.

You agree to notify this Financial Institution in the event that your use of the Business Online Banking Service would necessitate or be better served by a level of security that exceeds that offered by the Business Online Banking Service. If you fail to notify this Financial Institution, you acknowledge and agree that the security aspects of the Business Online Banking Service are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.

Errors and Questions - In case of errors or questions about your transactions, you should as soon as possible notify us through one of the following methods:

  • Telephone us at: (800)298-1775 during customer service hours;
  • Contact us by using the secure messaging feature within the Service; or
  • Write us at: 7100 N. Financial Drive Ste. 101 Fresno, CA 93720

Your Liability for Unauthorized Transfers - Central Valley Community Bank and its Service Providers shall have no liability to you for any unauthorized transactions made using your Password that occurs before you have notified us of any possible unauthorized use and we have had a reasonable opportunity to act upon that notice.  If you fail to notify us of any discrepancy within one (1) year, you shall be precluded from asserting any such discrepancy against us.

Limitation of Institution Liability - Central Valley Community Bank and its Service Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our WILLFUL misconduct. Central Valley Community Bank and its Service Providers will have no liability for any loss or damage:

  • Related to the dishonesty of the Business Customer's employees, officers, agents, Authorized Users;
  • Resulting from any receiving financial institution's failure to accept any payment or funds transfer request;
  • Resulting from any delay in the performance of this Agreement, which is caused by an act of God, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between CENTRAL VALLEY COMMUNITY BANK and third parties, or any other condition outside of our control.
  • If Central Valley Community Bank and/or its Service Providers fail or delay in making a payment or transfer pursuant to YOUR INSTRUCTION, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instruction, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instruction.
  • We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment in an erroneous amount which exceeds the amount per your Payment Instruction, or if we permit an unauthorized payment after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (60) days interest.

If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district nearest to CENTRAL VALLEY COMMUNITY BANK for each day interest is due, computed on the basis of a three hundred sixty (360) day year.

No third party will have rights or claims against CENTRAL VALLEY COMMUNITY BANK and its Service Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Indemnification - Business Customer(s) and its Authorized Users will defend, indemnify and hold harmless Central Valley Community Bank and its Service Providers against and in respect to any and all loss, liability, expense and damage, including consequential, special and punitive damages, directly or indirectly resulting from:

(i) the processing of any request received by Central Valley Community Bank through the Business Online Banking Service, (ii) any breach of the provisions of this Agreement (iii) any request for stop payment; (iv) any dispute between you and any third party in connection with the use of the Business Online Banking Service; and (v) any and all actions, suits, proceeding, claims, demands, judgments, costs and expenses (including attorney's fees) incident to the foregoing. The terms of this section will survive termination of this Agreement.

Alterations and Amendments - This Agreement, applicable fees and service charges may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s).

Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete.  Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.

Address, E-mail, or Payment Account Changes - When you enroll in the Service, we may send you a "Welcome" e-mail. We will also send you e-mails and/or secure messages through the Service regarding important Business Online Banking matters and/or changes to this Agreement. You must provide us your current e-mail address in order for us to deliver this information to you.

With your acceptance the Service, you agree to provide us with your current email address and keep it current with us at all times. You also agree to keep your business online banking account active at all times; otherwise, you will not be able to use the online banking to access your e-disclosures.   

If your business online banking account is deactivated (for example as a result of your inactivity) you will need to contact customer service to request us to reactivate your access to Business Online Banking.

It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses. Changes can be made either within the Service in the User Services menu or by contacting our Electronic Banking Department at 7100 N. Financial Drive Ste. 101, Fresno, CA 93720 or 800-298-1775.

Any changes to your Eligible Account(s), Payment Account, or Billing Account should also be made in accordance with the procedures outlined above.

We are not responsible for any Bill Payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

Service Termination, Cancellation, or Suspension - In the event you wish to cancel the Service, please contact our Electronic Banking Department or send us a secure email through the Service. 

You agree that we may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

Access to our Service may be cancelled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if there has not been any Business Online Banking activity for a period of 6 consecutive months, accessibility will automatically terminate.

After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you must call our Electronic Banking Department at (800)298-1775.

Exclusions of Warranties and Limitation of Damages - THE BUSINESS ONLINE BANKING SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Notwithstanding our efforts to ensure that the Business Online Banking Service is secure, we cannot and do not warrant that all data transfers via the Business Online Banking Service will be free from monitoring or access by others.

We are not responsible for and you agree to hold us harmless from any damages, losses, costs, errors, deletions, or failures that occur as a result of or in connection with any malfunction of your computer or software, or your failure to obtain adequate online security hardware and software, nor will we be responsible for any computer viruses that affects your computer or software while using the Business Online Banking Service. In addition, we will not be responsible for any third-party access or attempted access to your computer or software while using the Business Online Banking service or our website.

We are not responsible and you agree to hold us harmless for security breaches caused by or arising from a breach of your computer system, Internet provider or your mobile device carrier.

You are solely responsible for the maintenance, installations, and operation of your computer INCLUDING but not limited to THE USE OF UPDATED ANTI-VIRUS PROTECTION.

Neither This financial institution nor its service providers shall be responsible for any delays, errors, deletions, failures, or disclosure of personal or Business Account information that may occur as a result of any Virus, Trojan, shared password, or malfunction of your computer or software or your Failure to adequately maintain and secure your computer AND SOFTWARE.

THE FOREGOING SHALL CONSTITUTE Central Valley Community Bank AND ITS SERVICE PROVIDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL Central Valley Community Bank or its service providers BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS or attorney’s fees (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE BUSINESS ONLINE BANKING SERVICE.

No Unlawful or Prohibited Use - As a condition of using the Business Online Banking Service, you represent and warrant to us that you will not use Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation.

You further warrant and represent that you will not use the Business Online Banking Service in any manner that could damage, disable, overburden, or impair the service or interfere with any other party's use and enjoyment of the service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

Assignment - You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

No Waiver - Central Valley Community Bank and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Captions - The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

Disputes - In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what the employees of this financial institution and/or its Service Providers say and the terms of this Agreement, the terms of this Agreement will prevail.

Waiver of Trial by Jury - The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. This provision is a material inducement for the parties entering this Agreement.

Ownership of Material - Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Central Valley Community Bank and/or its Service Providers unless otherwise indicated. All registered and unregistered trademarks used in the Service are the sole property of their respective owners. Unauthorized reproduction in whole or part is prohibited.

Governing Law and Relation to Other Agreements - Accounts and services provided by Central Valley Community Bank may also be governed by separate agreements with you. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Account(s) and provided to you separately.

This Agreement shall be governed by and construed in accordance with federal laws and the laws of the State of California, without regard to its conflicts of laws provisions; provided, however, that any dispute solely between you and our Bill Payment Service Provider shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions.

Proceed with Enrollment for the Service.

By checking the "I Accept the Disclaimer" box and clicking "Submit" below you represent that you are the owner of an Eligible Account to be enrolled in the Service and/or have been authorized by the owner to enroll for the Service. Checking the "I Accept the Disclosure" box and clicking the "Submit" button also indicates your acceptance of the terms and conditions of this Agreement in this electronic format.

If you do not accept, close the window.    If you do not accept at this time, you can still enroll at a later time by completing an application in one of our offices. You will still be asked to accept the terms and conditions of this Agreement.

Business Bill Pay Disclaimer

TERMS AND CONDITIONS OF THE BUSINESS BILL PAYMENT SERVICE

SERVICE DEFINITIONS

Agreement
- means these terms and conditions of the Bill Payment Services.

“Bill Payment Service Provider” - refers to the contractor, sub-contractor, or provider of our Bill Payment and Delivery Services, CheckFree Services Corporation.

"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Billing Account" is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

Business Day Cutoff - Refers to the cut-off time for posting purposes. The cut-off time for online transactions is based upon our Business Days and the Pacific Time (PST) Zone. For posting purposes,
we will process all transactions completed by 9:00 PM (PST) on the same Business Day. Transactions completed after 9:00 PM (PST) will be processed on the following Business Day. Bill Payment cut-off and scheduling times differ and are further detailed in this Agreement.

 “Due Date” is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

Laser Draft Payment - is a payment method similar to a check written by you on your Payment Account. Billers should receive Laser Draft Payments no later than the Scheduled Payment Date. Funds
remitted to the Biller are deducted from your Payment Account when the Laser Draft is presented to this Financial Institution for payment.

As a result, neither this Financial Institution nor its Service Provider(s) can control when your Payment Account will be debited for a Laser Draft Payment.

 “Payment Account” - is the checking account from which Bill Payments will be debited. You must be a legal owner of any Payment Account registered for the Service.

“Payment Instructions” - is the information provided by you to the Service for a Bill Payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

“Scheduled Payment” - is a payment that has been scheduled through the Service but has not begun processing.

“Scheduled Payment Date” - is the day you want your Biller to receive your Bill Payment and is also the day your Payment Account will be debited (other than Laser Draft Payments, as described above), unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

 “Service” - means Bill Payment Services offered by Central Valley Community Bank through its
Service Providers.

“Service Guarantee” - the amount this Financial Institution's Service Providers will bear responsibility for in accordance with the terms and conditions of this Agreement should a Bill Payment post after its Due Date.

“Service Provider” - includes any agent, licensor, independent contractor or subcontractor that
this Financial Institution may involve in the provision of Bill Payment and electronic Bill Delivery Services.

BILL PAYMENT SCHEDULING

The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the Service when you are scheduling the payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest
possible Scheduled Payment Date designated for each Biller.

When scheduling payments you must select a Scheduled Payment Date that is not later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day.

If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date.

Scheduled Payment Dates must be prior to any late date or grace period.

THE SERVICE GUARANTEE

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

You represent and warrant that you are acting with full authority for the applying entity, and that you are duly authorized to execute this Agreement on behalf of the applying entity. By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system.

In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you.

You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  3. You have not provided the Service with the correct Payment Account information, or the
    correct name, address, phone number, or account information for the Biller; and/or,
  4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood,
    or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for
directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

PAYMENT METHODS

The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

PAYMENT CANCELLATION REQUESTS

You may cancel or edit any Scheduled Payment (if processing has not begun) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment.

However, once the Service has begun processing a Scheduled Payment it cannot be cancelled or edited, therefore a stop payment request must be submitted, as described within this Agreement, and a charge may be assessed.

BILL PAYMENT STOP PAYMENT REQUESTS

You may cancel or edit a Scheduled Payment up until the time that payment processing begins. There is no charge for canceling or editing a Scheduled Payment. However, once the Service has begun processing a payment, it cannot be cancelled or edited and a stop payment request must be submitted as described within this agreement, and a charge may be assessed.

We must have a reasonable opportunity to act upon any stop payment request made after payment processing has begun.  The ability of Central Valley Community Bank and its Service Provider to
process a stop payment on a Bill Payment request that is already in process will depend on the payment method and whether or not the payment has cleared.

If you need to place a stop payment request on any Bill Payment that has already been processed, you must contact our Customer Service department at (800)298-1775.

We will make every effort to accommodate your request but we will have no liability for failing to do so
unless the request is subject to the provisions contained in your depository account agreement or applicable law as it pertains to pre-authorized EFTs.

We may also require you to present your stop payment request in writing within fourteen (14) days from the date the request is made. The charge for each stop payment request will be the current charge for such Service as set forth in our applicable fee schedule.

If we complete a stop payment request on your behalf, Bill Payment privileges may be suspended pending recovery of funds by our Service Provider(s).

PROHIBITED PAYMENTS

Payments to Billers outside of the United States or its territories are prohibited through the Service. Payments to Internet gambling sites are also prohibited through the Service.

EXCEPTION PAYMENTS

Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and are scheduled at your own risk. In no event shall this Financial Institution or its Service Provider(s) be liable for any claims or damages resulting from your scheduling of these types of payments.

The Bill Payment Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. Research of exception payments shall be limited to proof of payment and/or unauthorized payments only. All other research and resolution for any misapplied, misposted or misdirected exception payments will be your sole responsibility.

BILL DELIVERY AND PRESENTMENT

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly.

Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill.

The Service may, at the request of the Biller, provide to the Biller your e-mail address, Service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.

Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller.

Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification –  Our Bill Payment Service Provider will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, our Service Provider may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate.

In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may also cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller.

It may take up to sixty (60) days, depending on the billing cycle of each Biller. Our Bill Payment Service Provider will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) - You agree to hold harmless Central Valley Community Bank and its Service Providers should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the
Biller directly.

Accuracy and dispute of electronic bill – Neither Central Valley Community Bank nor its Service Providers are responsible for the accuracy of your electronic bill(s). Central Valley Community Bank and its Service Providers are only responsible for presenting the information received from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

EXCLUSIONS OF WARRANTIES

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PASSWORD AND SECURITY

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize.

If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify Central Valley Community Bank at once by calling 800-298-1775 during customer service hours.

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

If you believe that your Password or other means to access your account has been lost or stolen or that someone may attempt to use the Bill Payment Service without your consent or has transferred money without your permission, you must notify us at once by calling (800)298-1775 during customer service hours. You can also contact us by sending a secure message through the Internet Banking
Service.

If you or your Authorized users disclose your Password to anyone, and/or if you allow someone to use your Password to access your accounts, you are authorizing them to act on your behalf and you will be responsible for any use of the BILL PAYMENT Service by them (e.g., such as when you provide this information to a joint account holder, an employee, an aggregation service provider, or when your personal computer is compromised by a key stroke Logging virus or any other type of malware).

You agree that we may send notices and other communications, including Password change confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual.

ERRORS AND QUESTIONS

In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

  • Telephone us at (800)298-1775 during customer service hours Mon-Thrs 8:30am-5:00pm, Fri 8:30am-5:30pm.
  • Contact us by using the secure messaging feature within the Service; or
  • Write to us at Central Valley Community Bank, 7100 N. Financial Drive Ste. 101, Fresno, CA 93720

If you think your statement is incorrect or you need more information about an electronic transfer or Bill Payment transaction listed on the statement, we must hear from you no later than sixty (60) days after the date the FIRST statement was sent to you on which the problem or error appears. You must:

  1. Tell us your name and Service account number;
  2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
  3. Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly.

However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation.

If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account.

If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. Central Valley Community Bank may revoke any provisional credit provided to you if we find an error did not occur.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

  1. Where it is necessary for completing transactions;
  2. Where it is necessary for activating additional Services;
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
  4. To a consumer reporting agency for research purposes only;
  5. In order to comply with a governmental agency or court orders; or,
  6. If you give us your written permission.

SERVICE FEES AND ADDITIONAL CHARGES

Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional Services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply.

You are responsible for any and all telephone access fees and/or Internet Service fees that may be assessed by your telephone and/or Internet Service provider.

FAILED TRANSACTIONS

In using the Service, you are requesting us to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service Provider. In such case, you agree that:

  • You will reimburse our Service Provider immediately upon demand for the transaction amount that has been returned;
  • For any amount not reimbursed to the Service Provider within fifteen (15) days of the initial notification, a late charge may be assessed each month against unpaid amounts equal to 1.5% or the legal maximum, whichever rate is lower;
  • You will reimburse our Service Provider for any fees, it may incur in attempting to collect the amount of the return from you; and

Our Service Provider is authorized to report the facts concerning the return to any credit- reporting agency.

RETURNED TRANSACTIONS

In using the Service, you understand that Billers and/or the United States Postal Service may return Bill Payments to our Service Provider for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full.

Our Service Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service of returned payments.

ALTERATIONS AND AMENDMENTS

This Agreement, applicable fees and Service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s).

Further, the Service may, from time to time, revise or update the applications, Services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, Services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

ADDRESS OR BANKING CHANGES

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service.

Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. Central Valley Community Bank is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION

In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer Service via one of the following:

  1. Telephone us at 800-298-1775 during customer Service hours Mon-Thrs 8:30am-5:00pm,  Fri 8:30am-5:30pm;
  2. Write us at:

           Central Valley Community Bank
           Customer Service
           7100 N. Financial Drive, Ste. 101
           Fresno, CA 93720

Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

BILLER LIMITATION

The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

RETURNED PAYMENTS

In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full.

The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

BILL PAYMENT INFORMATION AUTHORIZATION

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you.

Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

DISPUTES

Neither Central Valley Community Bank, nor its Service Providers are responsible for the accuracy of your electronic bill(s). Central Valley Community Bank and its Service Providers are only responsible for presenting the information received from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement.

If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT

You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain of our rights and responsibilities under this agreement to independent contractors or other third parties.

NO WAIVER

Central Valley Community Bank and its Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or
omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

CAPTIONS

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall
replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

THE FOREGOING SHALL CONSTITUTE Central Valley Community Bank’s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL Central Valley Community Bank BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

Business eStatements

This statement (the “E-SIGN Consent”) asks for your consent so that we may provide certain communications and information to you in electronic format rather than in paper form.  We will sometimes use the words “electronic records” as a short way to refer to the communications and information that we may provide electronically.  Before you decide whether or not you wish to give your consent to receiving electronic records, you should read and consider the following information contained in this E-SIGN Consent.

If you decide to consent, you can click the “I Agree” button at the bottom of this E-SIGN Consent.  By agreeing to this E-SIGN Consent you accept all the terms and conditions contained herein.  If there is more than one party to the account, this E-SIGN Consent is effective for all parties.  For your consent to be effective, your computer and browser will need to meet the hardware and software requirements discussed below.

This E-SIGN Consent contains important information that we are required by law to provide to you.  You should keep a copy of this E-SIGN Consent for your records.  If you have any questions about electronic records that are not answered in this document, feel free to communicate with us using any of the following methods:

           Send us an email at: customer.service@cvcb.com; or

            Call us at: 1-800-298-1775

            Write to us at:  Customer Support 7100 N. Financial Dr, Suite 101

                                   Fresno, CA  93720

Definitions

“We”, “Our”, “Us”, or “CVCB” means Central Valley Community Bank “You” and “Your” refer to the account owner(s) authorized by CVCB to receive e-statements and/or e-disclosures under this E-SIGN Consent.

“Account” or “Accounts” means your accounts at CVCB.

“Business days” means any calendar day other than Saturday, Sunday, or any holidays recognized by CVCB.

What records will be provided to me electronically?

If you consent, you will receive electronic records that relate to our Online Banking Services.  These will include the following types of documents:

  • Your Monthly Account Statements.  As part of the monthly account statement, you will receive information about your account, including disclosure information required under these same federal laws and regulations.
  • Other Periodic or Special Notices.  These include special notices that federal laws and regulations from time to time might require us to provide to you.
  • Privacy Notices and Disclosures.  These notices provide you with information about our privacy practices and policies.
  • Updated Fee Schedules.  These notices provide you with information about updated fees.

How will the electronic records be provided to me?

Your monthly statement contains confidential information, so they will be stored for you at our secured
location.  We will send you an e-mail when a monthly/quarterly statement is first made available to you, provided you have supplied us with your current e-mail address and keep it current at all times; otherwise you will not receive notification when your e-statement is available.

The e-mail notification that we send to you will let you know your statement is available to obtain, review, print or otherwise copy/download. The monthly/quarterly statement will be available to you for at least 18 months following the date it is first posted for review or the date we send the e-mail to you, whichever is later.   

Other periodic or special notices may be provided to you at the time you access your e-statements. 

Can I get a copy of the records in non-electronic form if a special need arises?

Yes, you can.  If you request a copy, we can prepare a paper-based version of any of the electronic records you receive for up to five years after the date it was created.  If you want us to prepare a paper-based copy, you can request it by contacting us using one of the communication methods above.  Certain fees may apply, please refer to your Terms and Conditions agreement and Schedule of Fees.

May I choose to receive paper-based documents in the future?

You may change your mind and withdraw your consent at any time.  We will then stop providing records to you electronically.  To withdraw your consent, all you need to do is contact us using one of the communication methods above.

What if I find an error on my e-statement?

If you find an error on any of your electronic records, you must notify us in writing within the applicable time period specified in your Account Agreement and Disclosure of any error, unauthorized signature, lack of signature, alteration or other irregularity.  If you allow someone else to access/review your statement, you are still fully responsible to access/review the statement for any errors, unauthorized signatures, lack of signatures, alterations or other irregularities. 

Any applicable time periods within which you must notify us of any errors on your account statement(s) shall begin on the date your statement is made available to you, regardless of when you receive and/or open your e-statement.

Are there any hardware or software requirements for me to
access or retain the electronic records?

Yes. You will need a computer with sufficient memory to store electronic records, and with a working connection to the internet.  You will need a personal computer, Internet Service through the provider of your choice, and a compatible web browser with 128-bit data encryption.  You may download a compatible web browser free at: Microsoft Internet Explorer® or Netscape Navigator®.  You must also have Adobe Acrobat Reader. 

To download a free copy of Adobe Acrobat Reader, please go to http://www.adobe.com.  Your browser will need to have 128-bit encryption capabilities. You are responsible for configuring your system to accommodate these requirements.  You will need a printer, if you want to print copies of electronic records.

By agreeing to this E-SIGN Consent, you also agree to provide us with your current e-mail address and keep it current with us at all times; otherwise, you will not receive a notification e-mail when your e-statement is available.  You also agree to keep your CVCB Online Banking account active at all times;
otherwise, you will not be able to use CVCB Online Banking to access your e-statements.  

If your CVCB Online Banking account is deactivated (for example, as a result of your inactivity), you agree that we may provide you with access to e-statements by sending you an email which contains a direct URL to a secure site that will contain your e-statements, consistent with this E-SIGN Consent.

Regardless of whether we have a current e-mail address for you, or if your CVCB Online Banking account is active, you agree that we have still made your e-statements available to
you.  If you need to update your e-mail address or re-activate your CVCB Online Banking account, you may contact us by using one of the communication methods above.  As described above, you may also contact us using one of these communication methods to obtain paper statements.

Are there other special requirements for electronic records?

Yes. You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your e-statements or other documents for each of your CVCB accounts as soon you receive/access it.  You agree to protect the confidentiality of your account and account number and your user ID and password.  You understand that your user ID and password by itself or together with information related to your account, may allow unauthorized access to your account. 

You acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others.  We cannot and do not warrant that all data transfers utilizing the Internet, or e-mail transmitted to and from us, will not be monitored or read by others. 

Your logon password is confidential information that should be known only by you. CVCB will not, for any reason, ask you for your logon password.  If anyone contacts you and requests this information, contact us immediately.  You are responsible for keeping your logon password confidential.   

Can these terms change at any time?

Yes, subject to applicable law, we may change any term of this agreement at any time.  If the change would result in increased fees for any bank service, or increased liability for you, we agree to give you
notice at least 30 days before the effective date of any such change, unless immediate change is necessary to maintain the security of an account or our electronic fund transfer system.  We will
provide any required notice of the change in terms to you when you access your e-statements or by postal mail. 

If advance notice is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective.  If there is more than one party on the account, notice to any one-account owner will be effective for all. 

We reserve the right to waive, reduce or reverse charges or fees in individual situations.  You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts.

Are there any warranties or liabilities included with this
agreement?

No, we make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the e-statement, disclosures or records provided to you under this agreement.  We do not and cannot warrant that e-statements will operate without error, or that e-statements will be available at all times. 

Except as specifically provided in this agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this agreement or by reason of your use of e-statements, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory. 

Further, in no event shall the liability of CVCB and its affiliates exceed the amounts paid by you for the services provided to you through e-statements.

 

Business Mobile Banking

 

Service Agreement

Terms and Conditions: Central Valley Community Bank as of 9/16/2020

Thank you for using Central Valley Community Bank’s Mobile Banking combined with your mobile phone’s text messaging capabilities.  

We do not charge for Mobile Banking, however; your mobile service provider may charge for sending and receiving text messages on your mobile phone. You should check with your service provider for details on specific fees and charges that may apply.

Supported carriers include: AT&T, Sprint PCS, T-Mobile, U.S. Cellular, Verizon Wireless. Message and data rates may apply.

Mobile Banking service is limited to accounts within the U.S.

For help, text HELP to 226563 and to cancel text alerts, text STOP to 226563 at any time.

Privacy Policy

The Bank’s Privacy Policy is available on its website at https://www.cvcb.com/privacy.

Mobile Banking Terms and Conditions:

Your use of the Mobile Banking constitutes your agreement to these terms and conditions. We may amend these terms, and modify or cancel this service or any of its features without notice.

You agree to be enrolled in Online Banking.

You agree to provide us with a valid mobile phone number.

You agree to have a mobile device with internet access via a browser and/or have text messaging enabled. For XHTML the mobile device must have cookies enabled.

You agree that we may send you text messages through your wireless provider. We do not charge for this service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless service provider.

We will verify the mobile phone number by sending you a SMS message with a verification code. You will be required to enter this code on our website.   Additionally, you may select the type of alerts and other preferences which will determine, together with your account data, the frequency of alerts delivered to you.  

You may cancel this service at any time.

You understand that balances provided may not include recent or pending transactions that have not yet posted to your account and that other restrictions may apply. See your account agreement for more information.

Notify us immediately of any changes to your registered device. In case of unauthorized access to your device or service, you agree to cancel enrollment associated with the device immediately.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of our Mobile Banking service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service; any errors in such information; any action you may or may not take in reliance on the information or service; or any disclosure of account information to third parties resulting from your use of the service. We will not be liable to you for special, indirect or consequential damages.

If you have any questions, you may contact us at (800) 298-1775, or send a text message with the word “HELP” to 226563.

Limitation of Liability for Mobile Banking Transactions

  • Ensure you password protect your device
  • Do not share your password with anyone.
  • Do not save your user name
  • Do not use the same password as on other applications
  • We caution you against using public WLAN’s for mobile banking.

BUSINESS MOBILE DEPOSIT TERMS AND CONDITIONS

DESCRIPTION - The mobile deposit capture services ("Mobile Deposit" or "Services") are designed to allow you to make deposits to your checking or money market checking accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank's designated processor.

The device must capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment. You will not need to mail your check or take it to a branch when depositing using this service.

ACCEPTANCE OF THESE TERMS - The acceptance of this Agreement and use of the Service means you agree to all terms and conditions in this Agreement in addition to the Account Agreements and Disclosures provided to you at the opening of your account. Please read this Agreement carefully and maintain a copy for your records.

LIMITATIONS OF SERVICE - When using this Service, you may experience technical or other difficulties. We do not assume liability for any technical or other difficulties that you may incur. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, immediately and at any time without prior notice to you.

In the event this service is not available to you, you acknowledge that you can deposit your check at a branch office location.

FEES - A per item fee will be charged per your deposit agreement. We reserve the right to start charging for this Service at any time. Any fee that is charged will be disclosed prior to your deposit.

If an item you transmit for deposit is dishonored, rejected or otherwise returned unpaid, you agree that we may charge back the amount of the return to the account the check was originally deposited to and you will be assessed a fee in the amount shown on Central Valley Community Bank current fee schedule for a returned deposit.

If there are not sufficient funds in your account to cover the amount of the returned check, the account will be overdrawn and you will be responsible for payment. You agree that Central Valley Community Bank may debit any account maintained by you in order to obtain payment of your obligation under this Agreement.

ELIGIBLE ITEMS - You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC. When an image of the check is transmitted is converted to an Image Replacement Document for presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

INELIGIBLE ITEMS - Checks payable to any person or entity other than your business account;

  • Checks payable to "Cash," "Central Valley Community Bank," or "NPB" ;
  • Third-party checks (for example, a check that is payable to someone else, endorsed and signed over to you);
  • Checks that are incomplete (for example, any item that does not contain the signature of the maker, endorsement signature(s), or other required information);
  • Demand drafts or remotely created checks (for example, checks lacking the original signature of the person authorizing the check);
  • Substitute checks (for example, paper checks created from an electronic image);
  • Photocopies of checks;
  • Checks that require authorization;
  • Checks with inconsistent numerical and written dollar amounts;
  • Checks that are not dated;
  • Checks that are stale-dated (for example, ninety (90) days or more after the issue date for checks containing instructions that state “Void 90 days after issue date);
  • Checks that are post-dated (for example, a check showing a future date);
  • Checks that are more than six (6) months old;
  • Checks containing an obvious alteration to any of the fields on the front of the check or item;
  • Checks that you know or suspect are fraudulent or not properly authorized;
  • Checks not payable in United States currency;
  • Checks issued by a financial institution located outside the United States;
  • Checks transmitted from an OFAC-restricted country;
  • Checks drawn or otherwise issued by you or any other party on any of your accounts with us;
  • Consumer loan, credit card or mortgage payments;
  • Money orders;
  • Starter or counter checks;
  • Amex Gift Cheques;
  • Savings bonds;
  • Registered government warrants;
  • Insurance drafts;
  • Rebate checks;
  • Non-negotiable items (for example, items stamped “non-negotiable”);
  • Deposits to IRA, HSA, or Certificate of Deposit accounts;
  • Deposits to Trust accounts, Representative Payee accounts, Estate accounts or other accounts with similar custodial arrangements;
  • Checks that exceed the deposit limit(s) that we establish for the Service;
  • Checks previously submitted for deposit;
  • Checks that have previously been returned unpaid for any reason; and
  • Checks purporting to be a lottery or prize winning.

HARDWARE AND SOFTWARE - You must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider. You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify.

We and/or our service provider(s) may change these specifications and/or requirements from time to time.

The Bank is not responsible for any third-party software you may need to use the Services. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements.

Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service.

You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service.

You accept any such software “as is” and subject to the terms and conditions of the software agreement that you enter into directly with the third-party software provider at the time of download and installation.

We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

DEPOSIT LIMITS - The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits.

If you attempt to initiate a deposit in excess of these limits, we may reject the deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will in no way be obligated to allow such a deposit at other times.

The current daily dollar limit is $7,500 per business day with a monthly limit of $20,000. There is no daily or monthly statement cycle limit on the number of items, as long as the respective dollar limit is not exceeded. The Service may be utilized twenty-four (24) hours a day, seven (7) days a week, except when Bank’s system is unavailable due to needed maintenance or system outages.

Deposit information received on or after Bank’s Service cutoff hour (which Bank may change from time to time) or on a Saturday, Sunday, or banking holiday, may be deemed received by Bank as of the next business day.

Bank is not responsible for the unavailability of the Service or any damages that may result from its unavailability. If the Service is not available for any reason, Customer may deposit its Checks directly at any Bank branch.

ENDORSEMENTS AND PROCEDURES - You agree to restrictively endorse any item transmitted through the Services as “FOR MOBILE DEPOSIT ONLY” Central Valley Community Bank and last 3-digits of your account # or as otherwise instructed by the Bank.

You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space.

Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.

CHECK REQUIREMENTS/IMAGE QUALITY - The image of an item transmitted to the Bank using the Services must be clearly legible, as determined in the sole discretion of Central Valley Community Bank and contain images of the front and back of the Check.

The image quality of the items must comply with the requirements established by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image:

  • the amount of the Check (both written and numeric);
  • the payee;
  • the signature of the drawer (maker);
  • the date;
  • the Check number;
  • the information identifying the drawer
  • the paying financial institution that is preprinted on the Check including the MICR line;
  • all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check).
 

CREDIT - You agree that items transmitted using this Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. After we receive Check images and all other required deposit information from you through the Service, we shall credit your designated account for the total amount of such Checks generally within 2 business days from the day of the deposit. Any credit given is subject to final payment of the Checks and is also subject to your Bank Account Agreement.

You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits.

The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned.

You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a Check for mobile deposit, you must physically deposit the original Check.

UNPAID CHECKS - Should you fail to produce the original check upon request, you authorize us to deduct that amount from your account. You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution.

You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account.

To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion.

Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree, that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account.

You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or a substitute check. You may not use the Service to deposit a substitute check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide to you in connection with returned Checks.

ERRORS OR DISCREPANCIES - The Bank will provide you with periodic statements that will identify the deposits that you make through the Service. In addition, you may access the Bank’s Online Banking service for information about your deposits, returned items, deposit adjustments, Checks and other transactions on your accounts.

You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Bank and are accurate. Receipt of a Check by the Bank through the Service does not constitute an acknowledgement by the Bank that the Check is error-free or that we will be liable for the Check.

You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit right away, and in no event later than 60 days after your statement is produced displaying the incorrect information. You may notify us in writing or by telephone of the error. You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission.

Subject to applicable law, any failure by you to notify Central Valley Community Bank within the aforementioned 60 days of any error, omission or other discrepancy in accordance with this Agreement shall cause all information on the statement to be deemed correct and shall relieve the Bank of any liability for such error, omission or discrepancy.

AVAILABILITY OF SERVICE - In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the Terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport the originals of all checks to the closest Bank location. The deposit of original checks at an office of the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.

ERRORS IN TRANSMISSION - By using this Service you accept the risk that an item may be intercepted or misdirected during transmission. Central Valley Community Bank bears no liability to you or others for any such interception or misdirected items or information disclosed through such errors.

RETENTION AND DISPOSAL OF TRANSMITTED ITEMS - After you receive confirmation that we have received an image, you must securely store the original Check for 60 days after transmission to us and make the original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two Business Days, at your expense, the requested original Check in your possession. If not provided in a timely manner, such amount will be reversed from your account.

Promptly after the 60 -day retention period expires, you must destroy the original Check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original Check, the image will be the sole evidence of the original Check. You agree that you will never represent the original Check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.

PRESENTMENT AND METHOD OF PRESENTMENT - Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Service or by any other means.

If you or anyone else present a Check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute check.

You agree that we may debit from your Bank account the aggregate amount of any Checks that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) in the Bank’s sole discretion.

The manner in which items are cleared, presented for payment, and collected shall be in Central Valley Community Bank’s sole discretion subject to Bank Service Agreements or Commercial Bank Service Agreements governing your account.

AUTHENTICATION METHOD - You agree that we are entitled to act upon instructions we receive with respect to the Service under your user ID, password, test key or other code or authentication method that we require (these components are referred to herein collectively as your “Authentication Method”).

You are liable for all transactions made or authorized with the use of your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method.

You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Bank Account Agreement and this Agreement. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential.

You agree to indemnify and release us from any and all liability, and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method.

By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service.

Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, Checks deposited, Check images, changes to the account, services or any other communication you provide us through the Service using your Authentication Method.

DATA SECURITY - You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits and to ensure the security of the mobile device you own used to access the Service.

By securing we mean installing operating system patches, antivirus software, firewall and spyware detection as applicable and keeping this software current as well as securing the physical device from theft or unauthorized use.

You will notify us immediately of any loss or theft of original checks. You will ensure the safety and integrity of original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.

COOPERATION WITH INVESTIGATIONS - You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

USER WARRANTIES AND IDEMNIFICATION - You warrant to Central Valley Community Bank that:

  • You will only transmit eligible items that are properly endorsed.
  • Images will meet the image quality standards.
  • You will not transmit duplicate items.
  • You will not re-deposit or re-present the original item once it has been scanned and sent through this Service, unless requested to do so by Central Valley Community Bank.
  • All information you provide is accurate and true.
  • You will comply with this Agreement and all applicable rules, laws and regulations.
  • You are not aware of any issue that may impair collection of the item.
  • Items you transmit do not contain viruses.
  • You agree to indemnify and hold harmless Central Valley Community Bank from any loss for breach of this warranty provision.

TERMINATION - Central Valley Community Bank may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Service for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Bank Services Agreement, Commercial Bank Services Agreement or any other agreement with us. 

ENFORCEABILITY - Central Valley Community Bank may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement.

Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

OWNERSHIP & LICENSE - You agree that Central Valley Community Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this agreement.

Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services in any anti-competitive manner, for any purpose which is contrary to Central Valley Community Bank business interest, or Central Valley Community Bank actual or potential economic in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

DISCLAIMER OF WARRANTIES - You agree your use of the services 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. We disclaim all warranties of any kind as to the use of the Services, whether express or implied, including, but not limited to the Implied Warranties of Merchantability, Fitness for a Particular Purpose, and Non-infringement.

We make no warranty that our Service will meet your specific requirements, be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from the Service will be accurate or reliable, and that any errors in the Services or technology will be corrected.

LIMITATION OF LIABILITY - You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other losses resulting from the use or the inability to use the Services incurred by you or any third-party arising from or related to the use of, inability to use, or the termination of the use of this Service, regardless of the form of action or claim, even if Central Valley Community Bank has been informed of the possibility thereof.

Central Valley Community Bank’s liability for errors or omissions with respect to the data transmitted or printed will be limited to correcting the errors or omissions.

 

Business OOBA

Some ACH and wire transactions will require Out of Band Authentication, also known as OOBA, by way of a One Time Secure Access Code (SAC) for the protection and security of your business. Computer hackers are constantly looking for ways to gain access to online banking accounts. Keystroke logging programs and phishing schemes are examples of ways that criminals use to gain access to your user name and password.

As a result, it is necessary to use two separate security systems working simultaneously to authenticate some transactions. While OOBA is an additional security measure, it is not a guarantee of fraud prevention.

Central Valley Community Bank takes every opportunity to educate its online customers about Internet Security and Fraud Prevention. More information can be found at www.cvcb.com by clicking on Customer Safety under Quick Links.

The account transactions that will require OOBA for Central Valley Community Bank consists of Payments, Recipients, ACH Pass-Thru, Domestic and International Wire Transfers, and Tax Payments. When OOBA is required for your transaction, the use of a Secure Access Code (SAC) will be required to approve and complete the transaction. You will receive the SAC by selecting either a text, an email, or a voice call.