Internet Banking Terms & Conditions

Internet Banking, Mobile Banking, Alerts, Mobile Deposit Terms and Conditions

This Agreement governs the use of Internet Banking/Bill Payment/Online Banking, collectively referred to as "Online Banking," Mobile Banking, and Alerts as provided by Bank of Stockton. By using Online Banking or Mobile Banking to conduct banking transactions or bill payments, you agree to the terms of this Agreement. Definitions as used in this Agreement, "account" and "accounts" mean the Bank account(s) tied to your customer identification number used through Online Banking or Mobile Banking to conduct banking transactions or bill payments. "Loan account" and "loan accounts" mean any loan you have with the Bank. "You," "your," and "yours" mean the person(s) using Online Banking or Mobile Banking "We," "our," "us," and "Bank" refer to Bank of Stockton, a California Corporation that holds your accounts.

Deposit and Credit Agreements

The terms and conditions in this Agreement are in addition to any deposit account agreements you have with the Bank, including your Signature Card, the Bank's Activity Fee Schedule or any accompanying schedules, the Bank's Disclosure Statement (together the "Deposit Agreement"), any overdraft protection agreement, any loan agreement you have with the Bank (together, the "Loan Agreement"), and any change of terms notices.

In order to use Online Banking, you need a computer (in this Agreement, your computer and the related equipment are referred to together as your "Computer"), a Microsoft supported version of Internet Explorer and Windows operating system.  We recommend using the latest version of supported web browsers to ensure the best online banking experience.  Additionally, you will need your account number and a password. Your account number is located on your Bank Statement.

You are responsible for the installation, maintenance, and operation of your Computer, browser and the software. The Bank is not responsible for any errors or failures from any malfunction of your computer, the browser or the software. The Bank is also not responsible for any computer virus or related problems that may be associated with the use of an on-line system.

Online Banking

To use Online Banking, you must have at least one deposit account with the Bank. Through Online Banking, you will have access to any of your deposit accounts or loan accounts associated with your customer number. The Bank reserves the right to deny access to a deposit account or loan account or to deny transactions under certain circumstances.

Description of Online Banking

Online Banking allows you to perform some or all of the following functions from your Computer:

On-line Account Access Functions

You may use Online Banking to (a) transfer funds between your accounts; (b) obtain account balances; (c) obtain transaction information for your accounts; and (d) obtain loan account balance information. These features are limited to the extent, and subject to the terms, noted below.

i. Your ability to transfer funds between certain accounts is limited by Federal law and the Deposit Agreement. You should refer to the Deposit Agreement for legal restrictions and service charges applicable for excessive withdrawals or transfers. Transfers made using Online Banking are counted against the permissible number of transfers described in the Deposit Agreement.

ii. Transactional information for your accounts will be available through Online Banking.

Our account alerts allow you to request and receive messages about your eligible account(s). You may receive alerts through email message(s) or text messages through your cell phone or mobile device. We offer both automatic and voluntary account alerts.

Automatic alerts are alerts that we automatically enroll you in and therefore, you do not need to sign up for these alerts. In general, these alerts inform you of changes to sensitive information on your accounts, such as your password, user ID, address, phone number or email address. You have the ability to go into your alert profile and de-select any or all of these alerts. However, for security reasons, we recommend that you remain enrolled so that you are informed immediately of any changes.

Voluntary account alerts are alerts that you must select through your alert profile.

We may add new alerts from time to time, or cancel old alerts. If you have opted to receive an alert that is being canceled, we will notify you in advance.

Automatic and Voluntary account alerts are subject to the following:

-We will do our best to provide account alerts with accurate information and in a timely manner. In rare occasions, your account alerts may be delayed or prevented from being delivered to you by various factors. You agree that the Bank shall not be held liable for any delays, failure to deliver, or misdirected delivery of any alert. You further agree that the Bank shall not be held liable for any errors in the content of an alert or for any actions taken or not taken by you or any third party in reliance of an alert.

-We will never include any passwords or account numbers in our alert messages. However, depending upon which alerts you select, information such as account balances and payment due dates may be included. Anyone with access to your email or cell phone will be able to view the contents of these types of alerts.

-Alerts will be sent to either the email address, cell phone number you have provided or secure message. If your email address or cell phone number change, you are responsible for informing us of that change.

-You are responsible for managing the types and timing of your alerts. All of your alerts may be stopped or suspended by you at any time through your alert profile.

Mobile Deposit

1.    Description:

The Bank’s Mobile Deposit Service enables you to use the Bank’s Mobile Banking application and certain hardware (such as a smartphone or other mobile device) to (1) create electronic images of the front and back of certain Paper Items  and (2) transmit those images and other information, including, without limitation, information captured from the magnetic ink character recognition (“MICR”) line, to us for review and processing in accordance with these Terms and Conditions. 

A “Paper Item” is an item in paper form, including but not limited to, a check, a substitute check, a draft, a demand draft, a preauthorized draft, an image document, a money order, a cashier’s check or a traveler’s check. 

An “Electronic Item” means the electronic image of each Paper Item and other information captured from the Paper Item. After we receive your transmission, we will review each Electronic Item. For each Electronic Item that we determine is eligible for processing as described below, we will:

a.        create a substitute check that we will present directly or indirectly to the bank (a) on which the original Paper Item to which the Electronic Item relates is drawn, or (b) at or through which the Paper Item is payable (each, the “Paying Bank”);

b.       include the Electronic Item in an electronic file for presentment directly or indirectly to the Paying Bank; or

c.        present or post any Electronic Item for which we are the Paying Bank.

      In order to enroll in the Service, you must be designated as an authorized relationship   

      or owner of a Bank of Stockton Account (the “Account”) that is eligible for this 

      Service, and be approved by the Bank.  Furthermore, you shall maintain

      the Account in good standing and comply with such restrictions on the Service

      as we may communicate to you from time to time.

2.    Fees:

The Bank’s Mobile Deposit Service is provided at no charge to you.  We may, upon at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for use of the Service. If you continue to use the Service after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time. Further, you will be required to designate an account at the Bank from which fees for the Service will be debited (your "Billing Account").   Any applicable fees for the Service may be changed by us at our discretion at any time upon at least 30 days prior notice to you, to the extent required by applicable law. If the Billing Account is closed, or if the Billing Account does not have sufficient available funds to cover the fees, you authorize us to charge any such fees to any other deposit account you maintain with us.

3.  Acceptable items:

The following items may not be deposited through the Service: international checks, remotely created checks (whether in paper form or electronically created), checks drawn against a line of credit, or cash. Except as noted in the preceding sentence, only checks, money orders, cashier’s checks, or traveler’s checks, drawn on or payable at or through a U.S. bank, can be transmitted through the Service. Additionally, only Items that are made payable to, and endorsed by you, may be transmitted through the Service.  Your endorsement must include your signature, your account number and the words “For Mobile Deposit Only At the Bank of Stockton”.

4.  Processing Your Electronic Item(s):

In most cases, Electronic item(s) transmitted to the Bank may be available to you within two (2) business days.  If there is a delay in availability, we will notify you.  Your Electronic Item(s) is deemed to have been received by the Bank when the Service generates a confirmation message.

5.   Exception Items:

Each Business Day on which we review and process your Electronic Item(s), we will use commercially reasonable efforts to review each Electronic Item and to reject any Electronic Item that we in our sole discretion determine to be ineligible for the Service (each, an “Exception Item”). “Exception Item” includes, without limitation, an Electronic Item that (a) is illegible or contains MICR data that is not machine-readable, (b) was previously processed as an Electronic Item, or (c) is drawn on banks located outside the United States and is not payable at or through a bank located within the United States. We will notify you of each Exception Item by telephone, or other communication channels at our discretion. If you wish to attempt to deposit any Exception Item to your Account, you shall do so only by depositing the original Paper Item on which the Exception Item is based or as otherwise agreed between us. Even if we do not initially identify an Electronic Item as an Exception Item when we review and process the Electronic Item to which the Exception Item relates, the Electronic Item, substitute check, or the purported substitute check created by us from it may nevertheless be returned to us because, among other reasons, the Paying Bank determines that such item or check is illegible or missing an image. Our failure to identify an Exception Item shall not preclude or limit the obligation of you to Bank of Stockton.

6. Deposits to the Account:

Are subject to our right to identify and reject Exception Items, we shall be deemed to have accepted each Electronic Item that is not an Exception Item for deposit to the Account on the Business Day that we process the Electronic Item, provided its transmission to us is prior to the 7:00PM cut-off Time. In addition, an Electronic Item will be deemed to have been deposited at the office where the Account is maintained.

7. Security Procedures:

Any individual authorized by you to access the Service (a “User”) shall do so by entering a user name and a password, or other unique identifier that may be required (collectively referred to herein as “Security Credentials”).  No person employed by the Bank shall have access to any Security Credentials you or your Users create. From time to time, we may require you to use additional security and authentication procedures.

8. You represent and warrant to Bank of Stockton that:

FAILURE TO PROTECT YOUR HARDWARE AND SECURITY CREDENTIALS MAY ALLOW AN UNAUTHORIZED PARTY TO ACCESS THE SERVICE AND TRANSMIT AN ELECTRONIC ITEM FOR DEPOSIT. ALL USES OF THE SERVICE THROUGH YOUR SECURITY CREDENTIALS WILL BE DEEMED TO BE USES AUTHORIZED BY YOU AND BE BINDING UPON YOU. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT OR UNAUTHORIZED USE OF YOUR SECURITY CREDENTIALS. YOU AGREE TO (a.) EXERCISE RESPONSIBLE BEHAVIOR WHEN USING THE SERVICE, (b.) FOLLOW THE INSTRUCTIONS AND RECOMMENDATIONS THAT BANK OF STOCKTON PROVIDES YOU WITH RESPECT TO THE SERVICE AND (c.) USE MAXIMUM CAUTION IN PROTECTING YOUR HARDWARE AND SECURITY CREDENTIALS FROM UNAUTHORIZED ACCESS. YOU AGREE TO NOTIFY BANK OF STOCKTON IMMEDIATELY IF YOU BECOME AWARE OF ANY LOSS OR THEFT OF, OR ANY UNAUTHORIZED USE OF THE SERVICE OR YOUR SECURITY CREDENTIALS.

8a. You will use the Service only for Paper Items that are payable to, and endorsed by, you.

8b. You will properly secure all hardware you use in connection with the Service (including, but not limited to, securing the hardware with Security Credentials to prevent unauthorized use). You will maintain control over and be responsible for secure retention, storage, and destruction of original Paper Items for which you have created an Electronic Item. After transmitting the Electronic Item to us, you will retain the original Paper Items for a minimum of five (5) calendar days, but no longer than fourteen (14) calendar days, from the transmission date (“Retention Period”). You will retain and store the original Paper Items in a secure and locked container that is only accessible by persons needing access to such Paper Items. During the Retention Period and upon our request, you agree to provide us with the original Paper Item(s). Once the Retention Period has expired, you will securely and irretrievably destroy original Paper Items from which you have previously created and submitted to us an Electronic Item.

8c. You will not submit any duplicate Electronic Items to us.

8d. You will not deposit to your Account or otherwise negotiate any original Paper Item from which you have previously created and submitted to us an Electronic Item, unless we have notified you that the Electronic Item is an Exception Item.

8e. You will transmit to us only Electronic Items that are suitable for processing, including, but not limited to, Electronic Items that are legible and contain machine-readable MICR data.

8f. You will review and verify for accuracy the information contained in the Electronic Item(s) before you transmit it to us.

8g. You will only transmit Electronic Item(s) that are drawn on or payable at or through banks located within the United States.

8h. You will not store or make a back-up copy of the Electronic Item(s).

8i. Any User of the Service is at least 18 years of age.

9.  Your Agreement to Indemnify Bank of Stockton. You will indemnify, defend, and hold harmless Bank of Stockton, and its parent company and each of their respective directors, officers, employees, and agents (collectively in this item 9, “Indemnitees”) from and against all liabilities, damages, claims, obligations, demands, charges, costs, or expenses (including reasonable fees and disbursements of legal counsel and accountants) awarded against or incurred or suffered (collectively, "Losses and Liabilities") by Indemnitees arising directly or indirectly from or related to the following (except for Losses and Liabilities arising directly or indirectly from or related to our own gross negligence or willful misconduct):

9a. Any negligent or intentional act or omission by you in the performance of your obligations under these Terms and Conditions, including, but not limited to, (i) duplicate scanning of the same original Paper Item, (ii) transmission of duplicate Electronic Items, (iii) calculation errors of deposit totals, (iv) numerical errors on deposit data entry, and (v) fraudulent or unauthorized use of your hardware or Security Credentials.

9b. Any material breach in a representation, warranty, covenant, or obligation of you contained in this Agreement;

9c. The violation of any applicable law, statute, or regulation in the performance of your obligations under this Agreement;

9d. Bank of Stockton acting as a "reconverting bank" under the Check Clearing for the 21st Century Act through the creation of “substitute checks” or purported substitute checks using an Electronic Item or an illegible Electronic Item;

9e. Our presenting to Paying Bank an Electronic Item for payment; and

9f. Your failure to (i) securely maintain your hardware or the original Paper Items, or (ii) properly and timely dispose of original Paper Items in accordance with item 8b, in which event such Losses and Liabilities shall include without limitation consequential damages.

This Item 9 shall survive the termination of the Service.

10. Termination of Service:

You or we may terminate the Service at any time. In the event your use of the Service is terminated, we may require you to return any hardware that we provided to you free of charge.

11. Right To Audit:

We may periodically audit and verify your compliance with this Agreement. You agree to cooperate and provide information or documents, at your expense, as may be reasonably requested by Bank of Stockton in the course of such audit.

12. Entire Agreement; Conflicting Terms.

This Agreement forms part of and is incorporated by reference into the TERMS AND CONDITIONS. Except as amended by this Agreement, the TERMS AND CONDITIONS remains in full force and effect. In the event of any conflict between this Agreement and the TERMS AND CONDITIONS, this Agreement shall govern with respect to the Service.

Exclusion of Warranties

Online Banking and related documentation are provided "as is" without any warranty of any particular kind either expressed or implied, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose.

Password and Security

Your password is required to access Internet Banking. You agree not to give or make available your password to any unauthorized individual. If you believe your password has been lost or stolen, someone has attempted to use Online Banking without your consent, your account(s) or loan account(s) have been accessed, or someone has transferred money without your permission, you must notify the Bank immediately (see Contact Information below). The Bank does not maintain a record of your password. If you lose or forget your password, contact the Bank immediately so that you may select a new confidential password. At any time you may choose to change your password through Online Banking for security reasons.

In an effort to provide the highest degree of confidentiality and security, the Bank recommends the use of browsers that provide encryption using a 128-bit key. The higher the level of encryption, the harder it is for unauthorized people to read information. Commercial off-the-self browsers typically support 40-bit encryption, however, many browser suppliers offer special 128-bit encryption versions, available for download from their respective web sites. The Bank recommends that customers protect their valuable financial information by using the most secure encryption possible. The Bank is not liable for losses resulting from the use of 40-bit encryption. The Bank is only liable for losses resulting from unauthorized transactions if it does not follow reasonable security procedures. If you elect to use the 40-bit browser, this implies your acceptance of this risk.

Your Liability for Unauthorized Payments

You could lose all the money in your account(s) plus your maximum overdraft line of credit, if any, through an unauthorized banking transaction or payment. Therefore, you should contact the Bank immediately if you believe your password or account number(s) has been lost or stolen, if an unauthorized person has learned your password and/or account number(s), if you believe your account(s) has been accessed and/or someone has performed an unauthorized transaction from your account. Notifying the Bank immediately by phone could minimize your possible losses.

If you notify the Bank within two (2) business days of an unauthorized transaction, your maximum liability will be $50. If you do not tell us within two (2) business days after you learn of the loss or theft of your password and/or account number(s), and we can prove we could have stopped someone from accessing you're account(s) without your permission if you had notified us, then you could lose as much as $500. Also, should your statement show banking transactions or payments that you did not make or authorize, please tell us immediately. If you do not tell us within 60 days after the statement was mailed, you may not get back any of the money you lost if we can show that we could have stopped the unauthorized banking transaction(s) or payment(s) if you had notified us in time.

Return Deposits

Any credit to your account for checks deposited using Mobile Deposit is provisional.  If original checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank or are rejected or returned by a clearing agent or collecting bank, for any reason, including but not limited to issues relating to the quality of the image, you agree that an original check will not be returned to you but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check.  You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item.  Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.

You agree to assist the Bank in its efforts to recover any funds that were transferred or paid without your permission or consent. Refer to the Electronic Fund Disclosure Terms and Conditions.

Errors and Questions

In case of errors or questions about Online Banking, Mobile Banking, Alerts, banking transactions, or payments, you must notify the Bank at once (see Contact Information below). The Bank must hear from you no later than 60 days after the Bank sent the first statement on which the problem or error appeared. You will need to tell the Bank:

1. Your name and account number
2. The error or transfer in question and explain, as clearly as you can, why you believe it is an error or why you need more information.
3. The dollar amount of the suspected error, and approximately when the error took place.

If you tell the Bank orally, the Bank may require that you send your complaint or question in writing or secure e-mail to the Bank within 10 business days.

The Bank will investigate your complaint and generally will complete the Bank's investigation within 10 business days (20 days for new accounts), and if an error has occurred will correct any error promptly. If the Bank needs more time, however, the Bank may take up to 45 days (90 days for errors or questions involving a transaction initiated outside of the United States or at a point-of-sale terminal or for new accounts) to investigate your complaint or question. If the Bank does this, you will have the use of the funds in question after the 10 business days (20 days for new accounts). If the Bank asks you to put your complaint or question in writing and the Bank does not receive it within 10 business days, the Bank may not credit your account during the investigation.

If the Bank decides that there was no error, the Bank will send you a written explanation within 3 business days after the Bank finishes the Bank's investigation. You may ask for copies of the documents that the Bank used in the Bank's investigation. Refer to the Bank's Electronic Fund Transfer Agreement and Disclosure for more information.

Data Recording

When you contact Online Banking, Mobile Banking, or Alerts to conduct transactions, the information you enter may be recorded. By using Online Banking, you consent to such recording.

No Signature Required

When using Online Banking to conduct banking transactions or to pay bills, you agree that the Bank may debit your account, complete the banking transactions, pay bills, or honor debits you have not signed.

Privacy Policy - Disclosure of Information About Your Account

Contact Information

Contact the Bank during normal business hours, Monday-Thursday, 9 a.m. - 5 p.m., Friday 9 a.m.- 6 p.m. Pacific Standard Time in one of the following ways:

-Telephone the office where your account is maintained.

-Online Services: 209-929-1600 or 1-800-399-2265; Monday-Friday, 7 a.m.-7 p.m.

-Write: Bank of Stockton Online Services, P. O. Box 1110, Stockton , CA 95201

Charges

You will not be charged for viewing accounts, transferring funds, viewing image checks, receiving electronic statements or using the Internet Bill Payment Service. Fees are subject to change. NOTE: Your deposit account(s) and loan account(s) are still subject to the fees, charges, balance requirements, etc. articulated in the Deposit Agreement and Loan Agreement.

Alterations and Amendments

The terms of this Agreement, applicable fees, and service charges may be altered or amended by the Bank from time to time. In such event, the Bank shall send notice to you at your address as it appears on the Bank's records. Any continuation of Online Banking, Mobile Banking, or Alerts, after the Bank sends you a notice of change will constitute your agreement to such change(s). Further, the Bank may, from time to time, revise or update the Bank's program, services, and/or related material(s) rendering such prior versions obsolete. Consequently, the Bank reserves the right to terminate this Agreement as to all such prior versions of the Bank's programs, services, and/or related material(s) and limit access to Bank's more recent versions and updates.

Address Changes

You agree to promptly notify the Bank, in writing, of any address change.

Termination or Discontinuation

The use of Online Banking does not require enrollment on your behalf therefore, termination of Online Banking by you is done by not accessing or using Online Banking. However, any banking transactions or payments you have previously authorized will be completed as instructed.

Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.

Payee Limitation

The Bank reserves the right to impose a frequency or dollar limit, or refuse to make any payment you have directed. The Bank is obligated to notify you promptly if it decides to refuse to complete your payment instruction. This notification is not required if you attempt to make payments which are prohibited under this Agreement.

Disputes

In the event of a dispute regarding Online Banking, Mobile Banking, or Alerts, you and the Bank agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Bank, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Bank relating to the subject matter of this Agreement. If there is a conflict between what one of Bank's employees says and the terms of this Agreement, the terms of this Agreement shall control.

Assignment

You may not assign this Agreement to any other party. The Bank may assign this Agreement to any present or future, directly or indirectly, affiliated company. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

No Waiver
The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular 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

California
and Federal laws and regulations will govern this Agreement and Disclosure.