Old Point National Bank Online Banking, Bill Payment, Mobile Banking, and eStatement Service Agreement

This Agreement describes your rights and obligations as a user of the Old Point National Bank Online Banking service and/or Mobile Banking service and/or the Bill Payment service and/or e-Statement service ("Services"). It also describes the rights and obligations of Old Point National Bank. Please read this Agreement carefully.  You agree to be bound by all terms and conditions contained herein, which are in addition to the terms and conditions in our deposit agreements.  You further agree to follow all instructions provided by the Service and reflected on your computer or other mobile device screen. You further agree to abide by any terms or conditions which may be added because of future enhancements to any of the services described herein.

Definitions

The following definitions apply in this Agreement, "We" or "us" refer to Old Point National Bank which offers the Services and which holds the accounts accessed by the Services.  The words “you,” “your,” and “yours” mean each and every one who utilizes Old Point Online Banking, Mobile Banking, Billpay, and/or e-Statements.  "Old Point Online" is the Internet-based service providing access to your Old Point National Bank account(s); “Old Point Mobile” is the Internet-based service providing access to your Old Point National Bank accounts via a mobile phone or other similar mobile device.  "Bill Payment" is the Internet-based service providing payments to third parties from your designated Old Point National Bank accounts. “e-Statements” is the Internet-based service providing electronic delivery of your periodic bank account statement(s).  "Online Account" means any Old Point National Bank account from which you will be conducting transactions using a Service; and "Password" is the unique system-generated code sent to you by Old Point National Bank for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service. Times of day references are to Eastern Standard Time or Eastern Time, as applicable. "Business Days" are Monday through Friday, excluding holidays. Business Days begin at 9:00 a.m. and end at 5:30 p.m. "Send Date" is the date you have scheduled any payment to be initiated, processed or sent by Old Point National Bank, or the next Business Day if the scheduled date is not a Business Day. The Send Date for payments should be at least five Business Days before the date your scheduled payment is due.

Access to Services

Old Point National Bank will provide instructions on how to use the Online Banking, Mobile Banking, Bill Payment, or e-Statement service. You will gain access to your Online Accounts through the use of your Internet-enabled device or mobile phone, your Internet Service Provider, your Username, Password, and Multi-Factor Authentication Challenge Question & Answer.

Use of your Security Password

You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. (You agree to keep the password under your sole control.) You agree to assume responsibility for all transactions initiated through the Service with your Username and password, up to the limits allowed by applicable law.  If you do authorize anyone to use your Username and password, that authority shall continue until you specifically revoke such authority by changing the password or by notifying Old Point National Bank to provide a new temporary password.  You understand that if you reveal your Username and password to anyone, you have authorized that individual to access information from any of your accounts which can be accessed by the Username and password, regardless of whether that person is authorized to access these account(s) by any means other than by use of the Service. If you fail to maintain security of your Username and password and Old Point National Bank suffers a loss, we reserve the right to terminate Service to you under this Agreement and Disclosure, as well as to terminate other Bank deposit and loan services. Old Point National Bank will not be responsible for any losses you suffer due to your failure to maintain the security of your Username and password.  You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your statement for each of your Old Point National Bank accounts as soon as you can access it.

If your Password has been lost or stolen

If your Password has been lost or stolen, you are to change your password immediately.  You can email online@oldpoint.com or call Old Point National Bank at 757.728.1250 during business hours, 9:00 a.m. to 5:30 p.m. (Eastern Time), Monday through Friday for assistance. Telephoning Old Point National Bank is the best way of minimizing your losses. If you believe your password has been lost or stolen and you tell us within two Business Days after you learn or should have known of the loss or theft, you can lose no more than $50 if someone uses your Password without your permission. If you do NOT tell us within two Business Days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.

If your statement shows transfers that you did not make

If your statement shows transfers that you did not make, notify Old Point National Bank immediately by calling Old Point National Bank 9:00 a.m. to 5:30 p.m. (Eastern Time) Monday through Friday at 757.728.1250 or e-mail Old Point National Bank at: online@oldpoint.com

If you do not notify Old Point National Bank within 60 days after the statement was mailed or electronically delivered to you, you may not recover any money lost after the 60 days which would not have been lost if Old Point National Bank had been notified in time. If a good reason (such as a long trip or hospital stay) delayed you from contacting Old Point National Bank, Old Point National Bank will extend the time periods.

Banking Transactions with Online or Mobile Banking

In addition to viewing account information, you may use Online Banking or Mobile Banking to conduct the following transactions:

  1. Transfer funds among your checking accounts, savings accounts and money market accounts. Transfers conducted before 5:30 p.m. on a Business Day will be processed and completed the same Business Day. Transfers conducted after 5:30 p.m. on a Business Day or transfers conducted on a Non-Business Day will be processed and completed the next Business Day. NOTE: Because regulations require Old Point National Bank to limit preauthorized transfers (including Online Banking or Mobile Banking transfers from certain types of accounts), the following limitations apply:

a.       Statement savings account: You can make no more than six transfers per statement period by preauthorized or automatic transfer or by telephone, Online Banking or Mobile Banking.

b.       Money Market savings account. You can make no more than six transfers per statement period by preauthorized or automatic transfer or by telephone, Online Banking or Mobile Banking, and no more than three of the six permitted transfers may be by check, draft or debit card.

  1. New services may be introduced for Online Banking from time to time. Old Point National Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules, which will be made available to you concerning these services.

Old Point Bill Pay

What is Old Point Online Bill Pay? 

With Old Point Online Bill Pay you can pay any company or person you owe.

Quick Facts

Pay anyone in the United States that you would normally pay by check, automatic debit, or cash. We send the money electronically whenever we can. If the person or company can’t accept electronic payments, we print a check and mail it for you.

·        Review your payments and bills for the past 18 months in Activity. You can download your payment info to a comma-separated values (CSV) file. You can import the file into a number of different personal financial software applications.

·        Send money electronically to people using Popmoney. They receive notification by email or text message.

 

More Convenience

·        eBills. Save a trip to the mailbox or another website to get your bills. Some of your bills can be delivered right in Old Point Online Bill Pay. You can view your eBills in Payment Center and pay them with a few simple clicks. You decide how much you want to pay and when you want to send the payment.

·        AutoPay. You can set up automatic payments to be sent according to a schedule you set. You can change or cancel AutoPay at any time.

·        AutoPay for eBills. You can set up some eBills to be paid automatically according to options you set. You can change or cancel AutoPay for eBills at any time.

 

 

How does Old Point Online Bill Pay work?

Provide some info about the company or person you want to pay, and then tell us how much and when you want the payment made. We send your payment electronically when possible. If the person or company can’t accept electronic payments, we print a check and mail it for you.

 

The Payment Center lists the companies and people you can pay.

 

Enter a payment amount and the date when you want processing to begin. The date when the company or person receives the payment appears in the Deliver By field. You can also view and select the date from the calendar.

 

Who can I pay using Old Point Online Bill Pay?

Pay anyone in the United States that you would normally pay by check, automatic debit, or cash. You can pay companies, friends and family members, and service providers, such as the babysitter or the plumber.

 

Payment Center. When you use Payment Center to send money, we send the payment electronically whenever possible. If the company or person cannot receive electronic payments, we print a check and mail it to the address you provided.

 

Popmoney. You can send money to a person using only an email address or mobile phone number. The recipient can use the info provided in the email or text message we send to claim the money and deposit it into an account.

 

Who can't I pay with Old Point Online Bill Pay?

Use Old Point Online Bill Pay to pay companies and people with addresses in the United States or its territories. You cannot use Old Point Online Bill Pay to send payments to addresses outside the United States.

 

We don't recommend using Old Point Online Bill Pay to make state and federal tax payments or court-ordered payments. Such payments are discouraged and must be scheduled at your own risk.

 

Is my info secure?

Yes. Old Point Online Bill Pay uses several methods to ensure that your info is secure.

·        SSL. Old Point Online Bill Pay uses SSL (secure sockets layer) which ensures that your connection and info are secure from outside inspection.

·        Encryption. Old Point Online Bill Pay uses 128-bit encryption to make your info unreadable as it passes over the Internet.

·        Automatic Sign Out. Old Point Online Bill Pay automatically signs you out of a session if you are inactive for a predefined time (usually 10 minutes). This feature helps prevent another person from being able to resume your session if you walk away. For best security, don't use your browser's Back or Refresh buttons, and sign out immediately after you finish your tasks in Old Point Online Bill Pay.

 

Is my personal info kept private?

Yes. Your personal info is used to help us maintain your account and verify your identity. We verify this info with a consumer credit reporting agency for your security and protection. The verification process does not affect your credit report, credit rating, or credit worthiness.

 

Please review the Terms of Service for a complete description of when Old Point Online Bill Pay must disclose info to third parties.

 

Can I use assistive technologies to access Old Point Online Bill Pay?

Yes. Old Point Online Bill Pay follows the World Wide Web Consortium's Web Content Accessibility Guidelines (WCAG) 2.0 Level AA recommendations. The following features aim to make Old Point Online Bill Pay more accessible to assistive technology users:

Navigation. Skip to content links on each page let you skip the page banner and navigation links and go directly to the main content. Headings organize each page’s content, and a screen reader’s H key moves the focus from heading to heading. The ARIA landmark regions named banner, navigation, main, and content info let you move to defined page regions. Use the appropriate key for your screen reader. Links have detailed descriptions that can be read with a screen reader’s links list.

Regions and Tabs. Some pages have regions that expand or collapse details or forms and include the words Show or Hide in their link headings. Other areas have info presented as tabs, where the left or right arrow key changes the tab, and then you can read the tab content.

Tables and Forms. A brief description of a table’s content is read by a screen reader as you navigate a page. Table headers locate your place in the table, and links in the table headers let you sort the table content. Using the table cell keys, the column or row heading info is read as well as the table’s data. Sort links open menus to control the display order of the table’s data. The Tab key changes sort selections, and the Enter key activates your selection. Fonts can be resized with magnifier software or the browser zoom feature without significantly changing the page layout.

Accessibility Constraints. We make every effort to accommodate all users and do not wish to exclude anyone from accessing Old Point Online Bill Pay. One area of the product that is currently not fully accessible is the date-picking calendar. The calendars for choosing payment and transfer dates are not usable with a keyboard or screen reader. We are continuing to make improvements to all aspects of the product. Contact customer service if you have an issue using Old Point Online Bill Pay.

 

Where can I view my personal info?

Go to Profile to view info such as:

·        Your contact info (such as name, address, phone numbers, email address)

·        Additional users on your account

·        Service fee account

·        It is important to keep this info current because that’s how we communicate with you.

 

Why do I have to provide security info to customer service if I get locked out of Old Point Online Bill Pay?

Customer Service asks you to provide security info to verify who you are. Without this level of verification, somebody else might be able to gain access to your account by pretending to be you.

 

Payments:

What do I need to know to pay companies and people using Old Point Online Bill Pay?

You can use Payment Center to pay any company or person with a U.S. address. Payment Center offers the flexibility and convenience of sending money from one place.

Quick Facts

·        You can pay anybody in the United States or territories that you can pay using cash, check, or debit.

·        We send the money electronically whenever possible. If the company or person can't accept electronic payments, we print and mail a check on your behalf.

·        In Payment Center, tell us who to pay, the payment amount, and the delivery date. The money stays in your account until it’s time for us to deliver the payment.

·        When you add a company or person to pay, we save the contact info to make future payments even quicker and easier.

·        We maintain relationships with thousands of companies, and manage their contact info for you.

·        Payments made through Payment Center are guaranteed.

·        You can use Popmoney to send money electronically to people. They receive notification by email or text message.

 

How does a company or person receive my payment?

We send payments electronically whenever possible. We send electronic payments to thousands of companies across the U.S. every day. People can receive electronic payments directly to their bank account through Popmoney.

·        If the company or person cannot receive electronic payments, we print a check and mail it to the address you provide. The check contains the following info:

·        Your name and address

·        The company or person's name and your account number with them, if available

·        The payment amount

·        The delivery date

·        If you added a memo to your payment, the info is printed on the memo line of the check.

 

Can I change a payment?

Yes, you can change a payment that has not started processing.

 

When is the money for the payment withdrawn from my account?

If the payment is sent electronically, the money is withdrawn from your account one business day after processing begins. If the company or person cannot receive electronic payments, we print a check and mail it to the address you provide.

 

For some checks, the money is withdrawn one business day after processing begins. For others, the money is withdrawn when the company or person deposits or cashes the check.

 

How do I know if a payment was delivered?

You can see the status of your payments in Activity. Payments start in a Pending status until processing begins.

 

How do I pay an eBill?

You receive electronic bills (eBill) in Payment Center of Old Point Online Bill Pay. When an eBill is due, it appears as soon as you select the company that sent it. You can simply click a link to enter the amount due and due date from the bill.

 

When does the company or person receive my payment?

If the company or person you're paying can receive electronic payments, the money is typically delivered in one to three business days. If the company or person you're paying cannot receive payments electronically, we mail them a paper check. This process typically takes three to five business days.

 

Why do some payments take longer to process?

If the company or person you want to pay does not receive electronic payments, we print a check and mail it for you. This process typically takes three to five business days.

 

Are my payments guaranteed?

With the Payments Guarantee, you can be assured that your electronic payments are safe and reliable.  When your payments are processed through Old Point Online Bill Pay, you are protected in the unlikely event of unauthorized transactions or processing delays.  The Payments Guarantee applies when all the payment and contact info provided is accurate.

 

Adding Companies and People to Pay

Why don't I have to enter the address or other info for some companies?

We maintain relationships with thousands of companies, and manage their contact info for you. We don’t have to ask you for the contact info for these companies because we already have it.  If the address is changed, the companies will contact us directly.   

 

Why do I have to enter my account number?

Your account number is the most reliable way to ensure that the company can credit your payments properly. If your account info is not correct, your payment may be credited late or not at all. Late fees, finance charges, or service disconnections may result. The Service Guarantee applies to payments only if all the info you provided is accurate.

 

Sometimes companies use repeated characters (such as ***, ###, or xxx) to hide part of your account number on statements or bills. Be sure to enter your full account number instead of the characters used to hide your account number. We need the full account number to ensure that your payment is credited properly.

 

What if I don't have an account number?

If you have an account number, please be sure to enter it. Some small companies, such as landscaping or cleaning services for example, may not assign you an account number. If you don't have an account number, you can enter other info that identifies you to the company you are paying. For example, you can use your service address or the name on the account.

 

What if the company or person I want to pay can't receive electronic payments?

If the company or person doesn’t accept electronic payments, we print and mail a check on your behalf.

Managing Companies and People You Pay

 

Where do I change contact info for a company or person I pay?

Go to the Send Money section of Payment Center. Open the row for the company or person and click the Details link.

 

Why can't I change contact or other info for a company I pay?

We maintain relationships with thousands of companies, and manage their contact info for you. If the address changes, these companies contact us directly.

 

How do I know the status of my payment?

Activity and Payment Detail provide a detailed status of your payment.

 

How long is my payment activity available?

Payment info is available in Activity for 18 months.

 

Can I download my payment activity?

You can download your pending and completed payments from Activity to a comma-separated values (CSV) file. You can import the file into a number of different personal financial software applications.

 

Troubleshooting

What if I find a mistake with my payment?

You can change a pending payment.

 

You cannot change payments that have already been paid. You can send us a payment inquiry. We will contact the company on your behalf in an attempt to resolve the problem.

 

What should I do if the company I paid has not received or credited my payment?

Sometimes a company may not credit your account immediately after they receive a payment. If the payment is not credited after two days, call the company’s customer service line. If the problem isn’t resolved, you can send us a payment inquiry on payments in Activity. We will contact the company on your behalf in an attempt to resolve the problem.

 

What if I am charged a late fee for a payment?

Call the company’s customer service and ask to have the late fee or finance charge waived. If the problem still isn't resolved, send us a payment inquiry. We will contact the company on your behalf in an attempt to resolve the problem.

 

Why did my payment fail?

A failed payment may have been returned to us because the info you provided when you added the company or person wasn't sufficient for your account to be credited.

 

You can send us a payment inquiry. Depending on the nature of the problem, we may be able to contact the company on your behalf in an attempt to resolve the problem.

 

Why doesn't the download file contain all of my payment info?

The download file does not include canceled or failed payments.

 

What is an eBill?

An eBill is an electronic version of a bill or statement. The eBill typically contains the same info as a paper bill or statement. You can receive, view, and pay eBills in Old Point Online Bill Pay. When your eBill arrives, it appears in Payment Center. You control the date and amount of your payment.

 

Quick Facts

·        We can receive eBills from hundreds of companies nationwide.

·        When you add an eBill, we send the info as a request to the company. After your request has been processed, you receive an eBill in a month or more, depending on your billing cycle.

·        Some companies stop sending paper bills when they start sending eBills. Other companies continue to send paper bills in addition to eBills.

·        When your eBill arrives, you'll see it in the Payment Center as soon as you select the company from the list of companies and people you pay.

·        You can either select the amount due for the bill, which also enters the due date as the delivery date, or you can enter a different amount and date for delivering the payment.

·        You can set up AutoPay for some eBills.

·        You can stop receiving eBills in Old Point Online Bill Pay any time after the company processes your request for them.

 

How do I sign up to receive eBills?

When you add a company that offers eBills, you can enter the required info to request eBills, and we send your request to the company. When you complete the request for one company, you can sign up for eBills from other companies who offer them. To add an eBill for a company you’re already paying, look for the eBill options on the Payment Center.

 

How do I view paid eBills?

Go to Activity. You can view paid eBills when you view the details of your payments.

 

Can I pay an eBill some way other than Old Point Online Bill Pay?

Yes, you can pay an eBill by some other means, such as by check.

 

However, when you pay an eBill outside of Old Point Online Bill Pay, the status of the eBill remains Unpaid and it continues to appear in the Reminders section until you dismiss the reminder. To change the status, you can file the eBill and add a note about its resolution.

 

What happens when I stop receiving eBills?

When you discontinue your eBill service, you start receiving your bills directly from the company again.

 

Notes About Stopping eBills

·        You may receive one or more eBills before the company stops sending them.

·        It can take an entire billing cycle before your paper bills resume.

·        When you stop receiving eBills, any automatic payments that you set up to pay them are also canceled.

·        You can still pay your bills using Old Point Online Bill Pay, but you won't be able to access your bill online at the Payment Center.

 

AutoPay for eBills

Can I set up AutoPay for an eBill?

In most cases, you can set up AutoPay for an eBill to schedule payments based on the amount due and due date on your bill. You'll have different options to set the amount and date for your payment based on the bill info.

 

I'm getting an eBill, but I don't have the option to schedule payments based on the bill info. What can I do?

Some companies don't offer the AutoPay scheduling options based on your eBill. However, you can always set up a recurring payment for the same amount at regular intervals.

 

Troubleshooting

I haven't received my eBill. What should I do?

If your normal billing cycle has passed and you still have not received your eBill, contact the company who bills you. Depending on billing cycles, the exact day you receive your bill each month may vary. Also remember that more than a month may pass before you receive your first eBill from a company.

 

Overview

What is AutoPay?

AutoPay is a means to set up repeating payments in Old Point Online Bill Pay. You can set up AutoPay for any company or person you pay regularly.

 

Quick Facts

·        Set up and manage AutoPay and Reminders from the Payment Center.

·        You can set up payments to be made based on a schedule that you set.

·        You can set up some eBills to be paid automatically according to options you set.

·        You can change or stop AutoPay at any time.

 

How can reminders help me to manage payments?

Reminders are useful when you want help remembering to make payments on time, but you aren’t ready to set up AutoPay. Set up and manage reminders from the Payment Center.

 

Managing AutoPay

How do I change or cancel the next scheduled automatic payment?

If you want to change only the next occurrence of an automatic payment, locate the payment in the Pending Payments section of Payment Center. Select the payment, and then click Change or Cancel.

 

How do I change or stop all automatic payments for a company or person?

If you want to change or stop all future automatic payments, select the company or person on the Payment Center, click AutoPay, and change or stop the AutoPay options.

 

What happens if the scheduled delivery date falls on a weekend or holiday?

If an automatic payment is scheduled for delivery on a non-business day such as a weekend or holiday, the date is adjusted to a business day.

 

The Pending Payments section in Payment Center shows the adjusted delivery date. You can change the date as needed.

 

Troubleshooting

I tried to cancel an automatic payment, but the payment is scheduled and showing up in my Pending Payments. What happened and what should I do?

First, cancel the scheduled payment in Pending Payments if you don't want it to be paid. To change or stop all future automatic payments, select the company or person on the Payment Center, click AutoPay, and change or stop the AutoPay options.

 

How do I clear reminders?

Your reminder is cleared when you pay, dismiss, or file a bill. When you dismiss a reminder, it's removed from the Reminders list, but it will appear again. To permanently stop reminders, select the company or person on the Payment Center, click Reminders, and stop the reminders.

 

Joint Membership

Each Bill Pay membership can consist of a single member (one person) or joint members (several persons). Each member needs a unique Old Point Online password. The terms of this Online Access Agreement extend to all members. To have a joint membership, all members must be joint signers on the checking account or Money Market Savings Account linked to Bill Pay. Joint members share the same payee list, and are subject to the joint tenancy rules contained in the Account Disclosure Statement for that checking account or Money Market Savings Account. Accounts that require two or more signatures are not eligible to be linked to Bill Pay. Any account owner may close the Bill Pay service.

Provisions Applicable Only to Business Accounts

If your account was established for business purposes, the following provisions apply to you.

To uniquely identify each person, who initiates a request for banking services, a separate Username for each person who you determine needs access to your accounts in the manner provided in this Agreement. Your authorization (whether express or implied) for any individual to establish a Username shall constitute your authorization for the bank to provide account information to such individual to transfer funds and effect other banking transactions upon that person's request. Such authorization supersedes any resolution, signature card or other document filed with the bank that purports to limit authority over any of your accounts, whether currently on file or submitted or modified in the future, unless the Username authorization is expressly revoked or modified as provided below.

a.) Enrollment Form and Certification of Authority. At any time before or after issuing any Username to you, the bank in its sole discretion may require you to complete an Online Banking Enrollment Form and to appoint one or more persons to act on behalf of the business as an administrator with the powers to utilize and maintain your Username as set forth on that form. The bank may also require you to execute an updated form from time to time. Failure to promptly return this form to the bank when requested may result in the immediate suspension of all Online or Mobile Banking privileges.

b.) Your Obligation to Examine Records and Report Discrepancies. The Bank provides no separate written confirmation of individual transfers conducted through Online Banking. Confirmation is provided through online information available from the Service and through your periodic account statements. You agree to examine your statement promptly and to notify us immediately of any discrepancy between the statement and your other account records. You also agree to notify us immediately of any discrepancy you may find in reviewing online information. In no event shall the Bank be liable for interest compensation as described below, unless we are notified of a discrepancy within 30 days from the date of your first statement reflecting the discrepancy.

c.) Acknowledgment of Commercially Reasonable Security Procedures. By using the Service, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions which are commercially reasonable. You agree to be bound by any instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we have had a reasonable opportunity to act on such notice).

d.) Business/Commercial Customers are encouraged to perform a related risk assessment and controls evaluation periodically.   

e.) Change of Authorization. Any notice to the bank of a termination or change with respect to the identity of an administrator, or of any revocation of the authority of any person to act on your behalf with respect to a Username, must specifically state that it relates to a Username, and must be delivered to the bank in a time and manner that affords the bank a reasonable time to act thereon. Any notice of termination or revocation of a Username may be verbal or written, but any verbal notice must be confirmed within a reasonable time.

Electronic Mail

If you send Old Point National Bank an electronic mail message, Old Point National Bank will be deemed to have received it on the following Business Day. Old Point National Bank will have a reasonable time to act on your e-mail. Therefore, you should not rely on e-mail when attempting to reach the Bank immediately.

You should not rely on electronic mail if you need to communicate with Old Point National Bank immediately – for example, an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.

You agree that Old Point National Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Old Point National Bank shall be considered received within three (3) calendar days of the date sent by Old Point National Bank, regardless of whether or not you sign on to the Service within that time frame. You also agree that Old Point National Bank may send information about other products and services to you by electronic mail.

Mobile Banking

Description of services. We endeavor to provide you with the highest quality Mobile Banking available. In order to access Mobile Banking, you must be an active Old Point Online Banking user and enroll in the service. From a web browser, using your Online Banking credentials, select Mobile Banking and Enroll.  You must first create a Mobile Username and Password, also known as a PIN. 

You can access Mobile Banking on a mobile device with Short Message Service (SMS) or a Mobile Web Browser in conjunction with a texting or data plan. Old Point does not charge a fee to access Mobile Banking.

Relationship to other agreements and fees. You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your agreements with us, our affiliates, and/or any unaffiliated service providers, including, but not limited to, your mobile service provider (e.g., Verizon, Sprint, T-Mobile, etc.). You understand that those agreements may include fees, limitations and restrictions which may impact your use of Mobile Banking. Your mobile provider may impose data usage or text message charges for your interaction with Mobile Banking, and you agree to pay all such fees. Contact your mobile device service provider for details.

Responsibility. You are responsible for providing your own hardware and software to access the Mobile Banking. The hardware and software that you use may be subject to unauthorized tracking or other manipulation by spyware or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your hardware and software is at your own risk. We do not guarantee functionality of Mobile Banking on all wireless devices.  You agree to take every precaution to ensure the safety, security and integrity of your account(s) and transactions when using Mobile Banking. You agree not to leave your device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you. You agree to comply with all applicable laws, rules and regulation in connection with Mobile Banking.

Changes or cancellation. We will use reasonable efforts to make Mobile Banking available for your use on a continuous basis. Mobile Banking may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to Mobile Banking may be interrupted because of conditions beyond our control, including outages in Internet availability. We will use diligent efforts to re-establish Mobile Banking as promptly as possible. We do not promise Mobile Banking will always be available for your use. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of Mobile Banking. We reserve the right to change or discontinue Mobile Banking at any time. If we choose to discontinue Mobile Banking, we will provide you with a reasonable notice in advance of that fact. You may cancel your participation in Mobile Banking by logging in to your Online Banking account to un-enroll in Mobile Banking, by texting STOP to "469228" or calling us at 
1.800.952.0051.

Acceptance. When you enroll in Mobile Banking, you agree to the terms and conditions of this Addendum and Old Point’s Online Banking Agreement as it relates to Mobile Banking and the following Mobile Remote Deposit Agreement.


OLD POINT NATIONAL BANK - MOBILE DEPOSIT AGREEMENT

Old Point National Bank, and “Account Owner” as defined below, hereby enter into, as of the date the Bank grants access to the Services (the “effective date”), this Mobile Deposit Agreement (“agreement”). The agreement consists of general terms and conditions, exhibits, and any amendments attached hereto or hereafter and incorporated by reference.

General Terms and Conditions Agreement. This agreement establishes the rules that govern the processing of deposited checks through account owner’s account(s) at the Bank using Mobile Deposit. From time to time, the Bank may amend any of the terms and conditions contained in this agreement. Such amendments shall become effective as stated on any notice sent to you, the account owner. Examples of such notices might include, but are not limited to, newsletters, disclosures, etc. By using the Mobile Deposit, you accept all the terms and conditions of this agreement. Please read it carefully. The terms and conditions of account owner’s Account Agreement and the Truth-In-Savings disclosure for account owner’s deposit accounts and each of account owner’s loan agreements continue to apply notwithstanding anything to the contrary in this agreement.

Rules, Laws and Regulations. You agree to abide by and comply with all local, state, and federal rules, laws and regulations. These rules include but are not limited to Regulation CC “Expedited Funds Availability Act”, its Subparts B, C and D (Subpart D implements the Check Clearing for the 21st Century Act (Check 21 Act). The Bank Secrecy Act (BSA), and laws administered by the United States of America which are in existence as of the date of this agreement and as amended from time to time.

Definitions. In addition to all the other terms defined herein, the following terms shall have the following meanings:
1. “We”, “Our”, “Us”, and “Bank” shall mean Old Point National Bank, its employees, directors, officers,    representatives, and agents.
2. “You”, “Your”, and “Account Owner” shall mean the account holder authorized by Bank to use the Mobile Deposit, and any user authorized to exercise control over funds deposited in account owner’s account through the Mobile Deposit program.
3. “Account” or “Accounts” shall mean the individual checking, savings account(s) deposited with Bank through the Mobile Deposit program.
4. “Check” or “Checks” shall mean negotiable demand draft(s) drawn or payable through an office of a United States based financial institution, as well as demand draft(s) drawn on a Federal Reserve Bank or a Federal Home Loan Bank or on the Treasury of the United States. Check(s) include original check(s) and substitute check(s). Check(s) do not include noncash items payable in a medium other than United States dollars. A draft may be a check even though it is described on its face by another term, such as “money order.”
5. “Image item” means digitized image(s) of check(s) that are created by you and transmitted to the Bank using the services.
6. “Services” means any of the Mobile Deposit functions offered and or used by you in connection with this agreement, including optional and future services added by an addendum.
7. “System” means the program that is maintained by the Bank, or other third parties, that you connect to through the internet in order to access the services.

Services and Funds Availability. You may use the services to deposit checks into your account(s) with the Bank, subject to the terms of this agreement. Checks deposited through the services will be converted to image items for processing. The services are subject to transaction limitations and the Funds Availability Disclosure, as set forth in the Account Agreement and Truth-In-Savings disclosure, which govern the use of your account. We are notifying you in advance that deposits made by the Mobile Deposit program do not fall under the standard provisions of Regulation CC – Expedited Funds Availability Act. As such, longer hold periods may apply. You agree to receive notice of extended hold times via the e-mail address provided in your Account Application. The maximum single Mobile Deposit item is $2,500 and the maximum daily total Mobile Deposit amount is $5,000.

Returned Deposits. Any credit to your account using Mobile Deposit is provisional. If a check deposited through Mobile Deposit is dishonored, rejected, or otherwise returned as unpaid by the drawee bank, or the item is 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.  We may debit any of your accounts with us to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.

Account owner Eligibility. You understand that you must be an Old Point National Bank account owner in good standing, and meet other pre-determined qualifying factors to qualify for the services. To determine if you are eligible for these Services, visit any Old Point branch or contact us at 1.800.952.0051.

Access. To use Mobile Deposit, you must have a compatible mobile device with our system, access to telecommunication services necessary for the Mobile Remote Deposit service. Application upgrades may be required from time-to-time for continued use of the services.

Equipment or System Failure. In the event of a system failure, you agree that, in order to deposit your checks, you must deliver them directly to a Bank branch office for processing. If the checks were scanned prior to the system failure, you must obtain our approval before delivering the checks to a branch office for processing.

Hours of Access. Services are available 24 hours per day, 7 days per week, although some or all services may not be available occasionally due to emergency or scheduled system maintenance. Transmission deadlines and funds availability terms and conditions apply. We agree to post notice of any extended periods of non-availability on the Mobile Banking or Bank website.

Transmission Deadlines. Image item deposits initiated through the System before 5:30 p.m. Eastern Time Monday through Friday are posted to account owner’s account the same day, subject to funds availability. In the event we receive an image item from you after the cutoff time, or on a day that is not a business day, the Image item is considered as received by us at the opening of the next business day. For the Mobile Deposit program a business day is defined as Monday through Friday, except for Federal holidays.  You are responsible for understanding and building into your transmission schedule the changes in transmission windows required by time changes associated with Daylight Savings Time.

Authorized Users. The Bank shall be entitled to rely on the apparent authority of any person who accesses the services using valid account owner and user login IDs and passwords, including such persons who may not be signers on account owner’s account. Except as otherwise provided by law, you will indemnify Bank and hold it harmless for any loss or expense caused by any person with the apparent authority to access the services. You agree to provide each authorized user a copy of these terms in connection with their use of the services. The Bank may elect to verify the authenticity or content of any transmission by placing a call to any authorized signer on your account at our discretion. We may deny your access to the services without prior notice if we are unable to confirm any person's authority to access the services or if we believe such action is necessary for security reasons.

Security. You understand the importance of your role in preventing misuse of your accounts associated with the Mobile Deposit program, and you agree to promptly examine your paper or electronic statement for each of your Bank accounts as soon as you receive it and notify us of any errors in accordance with your Account Agreement. You agree to protect the confidentiality of your accounts and account number and passwords. Data transmitted via the services is encrypted in an effort to provide transmission security. Mobile Deposit utilizes identification technology to verify that the sender and receiver, of transmissions related to the services can be appropriately identified by each other. Notwithstanding our efforts to ensure the services are secure, 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 Mobile Deposit or e-mail transmitted to and from us will not be monitored or read by others. You agree to notify us immediately if you believe any passwords have been lost, stolen, used without your permission, or otherwise compromised. Call us immediately at 1.800.952.0051.

Use of Services. As a condition to using the services, you agree that you are solely responsible for the use of the Services and that you will use the Services in accordance with this agreement. You agree not to attempt to circumvent the security features of the services or the system or make any improper or unauthorized transfer of funds from accounts via the services or the system. You agree that you are prohibited from engaging in conduct that would violate the proprietary rights of the owner(s) of the system and the services as well as accessing or using the system or the services in any other unauthorized manner. You agree to be liable to the Bank and its vendors, for any claims, losses, liabilities, damages, expenses or costs arising as a result of the negligent or intentional misuse of the services or the system by you or your authorized users.

You are prohibited from using the services for any activity that:

1.       Would result in you being or becoming a “money service business” as defined in the  
    Bank Secrecy Act and its implementing regulations;

2.      Knowingly accepts restricted transactions in connection with another person in unlawful 
    Internet gambling as defined in the Unlawful Internet Gambling Enforcement Act and 
    Regulation GG (Prohibition on Funding of Unlawful Internet Gambling); or

3.      Directly or indirectly relates to the use of the services that is illegal or fraudulent.

Deposit of Original Checks. You agree that no check deposited to the Bank shall cause funds to be debited more than once from the account of the maker. You agree that once deposited, the original check, a duplicate check image, or any copy of the original check or check image will not be deposited by you with the Bank (unless we instruct you to do so) or under any circumstances with any other financial institution.

Check Retention Period. You agree that you will preserve the originals of all checks, processed through the services pursuant to this agreement for thirty (30) calendar days after the day of deposit (“Retention Period”). After you receive a message indicating the deposit was successful, write “Mobile Deposit” on the check front. The risk of loss due to the unavailability of the original or copy of a check for any reason, during the retention period, shall be exclusively on the account owner.

Destruction of Original Checks. You will be fully responsible for the destruction of the checks. You agree to use commercially reasonable method(s) to destroy original checks after the required retention period has expired. You agree to destroy and dispose of the original checks with a high degree of care, including selecting and implementing appropriate destruction and disposal procedures. You are required to implement such procedures to ensure that the original checks are not accessed by unauthorized persons during the storage, destruction and disposal process and, once destroyed, the original checks are no longer readable or capable of being reconstructed (e.g., through the use of competent shredding equipment). The risk of loss associated with the accidental inclusion of a physical check in the check collection process or with a lost, destroyed, stolen or misplaced check shall be exclusively on the account owner.

Account Owner Representations and WarrantiesYou represent and warrant that all checks transmitted through the use of the services are made payable to the account owner, all signatures and endorsements on each check are authentic and authorized, and that each check has not been altered.

Prohibited Checks. You agree that checks scanned through the use of the services will not;
• be payable to any person or entity other than you;
• be prohibited by, or received in violation of, any law, rule or regulation;
• be known or suspected (or should have known or suspected) as fraudulent or otherwise 
   authorized by the owner of the account on which the check is drawn;
• have been previously cashed or deposited;
• be postdated or more than six (6) months old;
• be payable to cash;
• be irregular in any way;
• be drawn on financial institutions that are located outside the United States.

Endorsement of Checks. You agree to properly endorse each check prior to submitting such check through the use of the services. Checks deposited through mobile deposit should be endorsed “For Mobile Deposit Only” along with the payees signature.

Image Quality. You are responsible for inspecting and verifying the quality of the images associated with image items, thus ensuring that the digitized images of the front and back of original checks are legible for all posting and clearing purposes by the Bank. Specifically, you are representing and warranting to the Bank that:

a. The image item is an accurate representation of all information on the front and back of the original check at the time the original check was converted to an image item, and the image item contains all endorsements from the original check necessary to permit Bank to:
     1.  Acquire rights of a holder in due course in the collection process of checks and other items;
     2.  Handle, process, maintain and destroy imaged checks; and
     3.  Ensure that neither Bank nor any other financial institution (depositary, collecting or payor), 
          drawee, drawer or endorser receives presentment or return of, or otherwise is charged for a 
          check or image item more than once in any form.

b. Each image item (or related electronic data file) contains a record of all MICR line (special characters printed on the bottom of a check) information required for a substitute check and otherwise satisfies all of the requirements of the American National Standards Institute (ANSI) X9.37 standards for image quality required by Check 21 and Regulation CC for the creation and/or transferring of a substitute check created from that Image item.

Adjustments.  We reserve the right to adjust your deposit after you have submitted it for processing. Adjustments are only to correct mistakes in the value of image items deposited, mistakes in encoding, or for missing or illegible image items.

Termination. We are permitted to terminate any or all of the services immediately should you breach any part of this agreement or of the account ownership agreement. We are also permitted to terminate any or all of the services immediately if we are no longer able to provide such services.

Confidentiality. You acknowledge that we will disclose information to third parties about your account or the image items you deposit to enable your access to the services and the system; when it is necessary for completing deposits, and as required by law.

 

NOTE: Items deposited using Mobile Deposit is subject to our verification and final inspection process. We may at any time return a deposited image item without prior notice to you. We are under no obligation to inspect or verify any image item to determine accuracy, legibility or quality of the image item or MICR line information associated with the image item, or for any other purpose. However, we may correct or amend MICR line information associated with an image item to facilitate processing of the image item or a substitute check created from that image item. We may process and collect an image item or a substitute image item through one or more check clearing houses, Federal Reserve Banks, or other private clearing agreements with other financial institutions. We may hold and use funds in any deposit account of yours following termination of this Agreement and the services for such time as we reasonably determine to be necessary for us to be assured that no image item processed by us prior to termination may be returned, charged back, or otherwise become a source or cause for any loss, liability, cost, exposure or other action for which the Bank may be responsible, with such right being in addition to any other rights we may have with respect to your accounts. Without limitation, you recognize that under the Rules, the UCC, Regulation CC and the rules of any image exchange network, our representations and warranties to others with regards to image items and substitute checks may expose the Bank to claims for several years following processing of any particular image item or substitute check.

a. If a payor financial institution returns an image item to us for any reason, we may charge your applicable account for the returned image item, whether or not the return is timely and proper,  and we may further either:

                              1.  Return the image item to you; or

                        2.  Re-present it to the payor financial institution before returning it to you.


Items may be returned either as image items, or substitute checks. If a payor financial institution or other third party makes a claim against us or seeks a recredit with respect to any image item processed, we may provisionally freeze or hold aside a like amount in the applicable account pending investigation and resolution of the claim;

b. We may immediately suspend the services or the system or the processing of any check or 
    corresponding electronic image item if we have reason to believe that there has been a breach 
    in the security of the services or system, fraud involving your account(s) or check(s), or any 
    uncertainty as to the authorization or accuracy of electronic image items, including the right to 
    process electronic image items on a collection basis at any time; and

c. We may refuse to process any non-conforming image items, including without limitation any 
    image items that do not meet the definition of a "check" set forth herein.

Contact InformationNotifications required by this agreement are to be directed to us at the address or phone numbers listed below.

Old Point National Bank

101 E Queen St.

Hampton, VA 23669

Phone 1.800.952.0051


Disclaimer of Warranty and Limitation of Liability. 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 Mobile Deposit Services provided to you under this agreement. We do not and cannot warrant that Services will operate without errors, or that any or all services will be available and operational 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 and or by reason of your use of or access to Mobile Deposit Services. The Bank shall be responsible only for performing the services expressly provided for in this agreement and shall be liable only for its negligence in performing those services. The Bank shall not be responsible for the account owner's acts or omissions (including without limitation the amount, accuracy, or timeliness of transmittal) or those of any person, including without limitation any Federal Reserve Financial Institution or transmission or communications facility, and no such person shall be deemed the Bank’s agent. The account owner agrees to hold harmless and indemnify the Bank against any claims, damages, loss liability, or expense (including attorney's fees and expense) resulting from or arising out of any claim of any person that the Bank is responsible for any act or omission of the account owner, or any other person described in this paragraph. In no event shall the Bank be liable for any consequential, special, punitive or indirect loss or damage which the account owner may incur or suffer in connection with this Agreement, including without limitation, loss of damage from subsequent wrongful dishonor resulting from the Bank's acts or omissions pursuant to this Agreement. Without limiting the generality of the forgoing provisions, or the provisions of this Agreement, the Bank shall be excused from failing to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the Bank's control. In addition, the Bank shall be excused from failing to transmit or delay in transmitting a deposit if such transmittal would result in the Bank violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other United States governmental regulatory authority. Notwithstanding any other provision set forth herein to the contrary, in the event of default under the terms of this agreement by the account owner, the Bank shall have all rights and remedies available at law or in equity.

Governing Law. This Agreement shall be construed in accordance with Virginia law and the laws of the United States of America. We and you agree that jurisdiction over, and venue in any legal proceeding arising out of or relating to this agreement, will exclusively be in the state or federal courts located in Hampton, Virginia.

Severability. If any provision of this agreement is held to be illegal, invalid or unenforceable under present or future laws, the remaining provisions shall remain in full force and effect.

Acceptance. Your use of the services constitutes your acceptance of this agreement. The Bank reserves the right to change the terms for the services described in this agreement by notifying you of such change in writing and we may amend, modify, add to, or delete from this agreement from time to time. Your continued use of the services will indicate your acceptance of the revised agreement.


eStatements

By selecting eStatements for any or each account, you agree to receive your periodic Old Point National Bank account statement and/or account disclosures electronically in place of a paper statement sent via US mail to your address of record. You further agree to provide an accurate email address to Old Point National Bank for the delivery of this electronic statement and you agree not to hold Old Point National Bank liable for sending your statement to such address. If the email address provided is not deliverable, Old Point National Bank will provide your periodic statement via US mail to your address of record.

You can request a printed copy of your statement from Old Point National Bank at any time. Contact Old Point National Bank by phone at 757.728.1290 or 800.952.0052 (outside of the 757 area code), or visit any of our branch locations to request a printed copy of your statement.  Applicable fees, as outlined in the Fee Schedule, may be charged for this request.

 

The Bank must receive notification of any change in email address at least three business days prior to the statement date to give us time to affect the change. Failure to do so may result in a delay or lack of delivery of your statement for the given period. To change your email address, visit Old Point Online Banking to update your profile, call Old Point Online Banking at 757.728.1250, or visit your local branch office.  

 

If your Old Point National Bank account is owned jointly with another person, either one of you may consent to receive electronic disclosures and eStatements and that person’s election to access eStatements shall apply to both of you. Old Point National Bank will automatically turn off the paper statement for that account upon your election of the eStatement service. 

 

Your statements will be available from the eStatement web pages for 12 months from the date of the statement.

 

In order for you to access and retain your eStatement records, your system must have:

·        Internet access

·        An Internet browser that supports 128-bit encryption

·        A certified/supported browser

·        Adobe Acrobat Reader (which may be downloaded at no charge on the Internet)

 

Except as otherwise provided for herein, using your personal computer (PC) and your designated Username and password, you can access your Old Point National Bank e-Statement 24 hours a day, seven days a week.  Old Point National Bank will provide your periodic account statement electronically once you select e-Statements for a particular account.

 

This Agreement governs your use of the e-Statement Service and becomes effective upon clicking “SUBMIT” during registration for e-Statements.

 

To cancel eStatements, Log in to Online Banking and select “Don’t Go Paperless” under the Preferences>e-Statements option.  This change must be made at least 3 business days prior to your statement cutoff date to allow the next statement to be sent in paper form.  If you elect to discontinue receiving eStatements, Old Point National Bank may charge a fee up to $5.00 per month per paper statement.

 

Agreement for Receiving Electronic Disclosures

Under regulations set by the Federal Reserve Board, you are entitled to receive certain disclosures. Regulations provide that if you agree, required disclosures may be delivered to you electronically. These disclosures may be delivered via email or Old Point Online Banking.  You should print a copy of each disclosure delivered, read it carefully, and retain it for your reference. When you click the "SUBMIT" button, upon registration for e-Statements, you agree to receive any OPNB disclosures electronically.  Disclosures may be delivered in the email notification for your statement.  To view the disclosures, follow the instructions provided in the email. 

 

You can request a printed copy of any disclosures that we send to you electronically.  Upon request, we will provide you with a paper copy, provided we receive your request within 12 months after the date the disclosure was first made to you electronically.  Contact Old Point National Bank by phone at 757.728.1290 or 800.952.0052 (outside of the 757 area code), or visit any of our branch locations to request a printed copy of a disclosure.

 

Related Agreements

Your accounts accessed by Online Banking or Mobile Banking continue to be governed by the following agreements and documents, as they are amended from time to time: (1) Deposit Agreement and Disclosures, (2) the applicable Personal or Business Rate and Fee Schedule, and (3) the applicable Miscellaneous Fees for Personal or Business Accounts. If you have overdraft protection accounts that are accessed by the Service, they continue to be governed by the applicable agreements you have with Old Point National Bank. If any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency.

 

Charges and Fees

Customer Service requests for which you may be charged by Old Point National Bank include: ordering copies of checks, copies of statements, check reorders, stop payments for Bill Pay transactions or other requests made through the e-mail option. These service requests are subject to the latest version of your Rate and Fee Schedule and Disclosure document and any applicable amendments.

 

Transfers of funds using Online Banking or Mobile Banking are free except as follows. If you have a Regular Savings, Money Market Savings, or Basic Checking, the number of transactions that you are allowed during a monthly statement cycle is limited. Transfers through Online Banking and Mobile Banking are counted, and if you exceed the total number of authorized transactions for these accounts, your account will be charged in accordance with the applicable account agreement.

 

Hours of Operation

The Services are available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, Old Point National Bank's Business Days are Monday through Friday, excluding holidays. All Online Banking and Mobile Banking transaction requests received after 5:30 p.m. on Business Days and all transactions which are requested on Saturdays, Sundays, or holidays on which Old Point National Bank chooses to remain closed, will be processed on the evening of the next Old Point National Bank Business day. Old Point National Bank's Business Day begins at 9:00 a.m. EST.

 

System Unavailability

Access to the Service may be unavailable at certain times for the following reasons: (1) Scheduled maintenance - There will be periods when systems require maintenance or upgrades; (2) Unscheduled maintenance - Service may be unavailable when unforeseen maintenance is necessary; or, (3) System Outages - Major unforeseen events, including, but not limited to: earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages, that may cause system unavailability. OPNB will make all reasonable efforts to ensure the availability of the Service. However, OPNB is in no way liable for the unavailability of the OPNB Bill Pay or e-Statements Service or any consequential damages that may result.

 

Modifications/Amendments; Notices; Termination

Old Point National Bank may modify, amend or revise (collectively, "revise") this Agreement and/or the terms and conditions applicable to any Service at any time and from time to time, and the revised Agreement or terms and conditions shall be effective on the date selected by Old Point National Bank or at the earliest date allowed by applicable law. Any notice of revisions shall be sufficient if we send you a copy of such revisions or if we notify you that revisions have been made and give you instructions how to obtain a copy of such revised Agreement or terms and conditions. Your continued use of the Service(s) after the effective date of such revisions will constitute your acceptance of the revisions and the revised agreement. We may give you any notice under this Agreement or related to any Service, including notice of revisions or notices under applicable Regulations by any one or more of the following methods: by sending notice by first-class mail or electronic mail at the address shown on our records, by placing a statement message in the statement for any of your account(s) or by posting a notice on our internet site. You will be deemed to have received any notice by electronic mail three calendar days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.

 

Errors and questions

In case of errors or questions regarding an Online Banking, Mobile Banking, or Bill Payment transaction, call Old Point National Bank at 757.728.1250 or 800.952.0051 (outside of the 757 area code) or write us at:

Old Point National Bank
ATTN:  eServices Department
PO Box 3392
Hampton VA 23663

We must hear from you at the specified telephone number or address no later than 60 calendar days after we sent you the FIRST statement on which the problem or error appeared. We will need:

  1. Your name and account number (if any)
  2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information.
  3. The dollar amount of the suspected error and date on which it occurred.
  4. For a bill payment, be sure to include the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, reference number, and payee account number for the payment in question.

If the report is made orally, we may require that you send us your complaint or question in writing within 10 Business Days. We will notify you with the results of our investigation within 10 Business Days after you contact us in writing and will correct the error promptly. If more time is needed, however, we may take up to 45 calendar days to investigate your complaint or question. If this occurs, we will provisionally credit your account within 10 Business Days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, and we do not receive it within 10 Business Days, we may not credit your account until the investigation is completed and it is determined that an error did occur.

If a notice of error involves an electronic fund transfer that was initiated in a foreign location, or is a point of sale debit card transaction, the applicable time periods for action shall be twenty (20) business days in place of ten (10) business days, and ninety (90) calendar days in place of forty-five (45) calendar days.

If your notice of error concerns a transaction that occurred during the first 30 days after the first deposit to the account was made, the applicable time periods are 20 business days in place of 10 business days and 90 days in place of 45 days.

We will tell you the results of our investigation within three (3) Business Days after completing our investigation. If we determine that no error occurred, we will send you a written explanation. You may request copies of the documents that we used in the investigation.

You agree that Old Point National Bank may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by Old Point National Bank shall be considered received within three (3) calendar days of the date sent by Old Point National Bank, regardless of whether or not you sign on to the Service within that time frame.

Statements

You will continue to receive your regular account statement by mail either monthly or quarterly, depending on the type of account, unless you have enrolled in e-Statements for any accounts.  In such case, statements for those accounts will be delivered to you electronically through the Online Banking Service.  Old Point National Bank may charge a fee up to $5.00 per statement per month.

 

Funds Transfer Agreement

This Agreement defines your responsibilities and our responsibilities with respect to transfers of funds from your account (s) with us for credit to an account at another financial institution or another account with us (“Funds Transfers”), whether such transfers are domestic or international, made pursuant to instructions authorized by you or your authorized representative which we receive through the Online/Mobile Banking service.  You understand that except as specifically modified by this Agreement, your account(s) will continue to be governed by the terms and conditions contained in other agreements and/or disclosures that you have been provided with in connection with your account(s) which are incorporated herein by reference.  Unless otherwise defined herein, the terms used in this Agreement shall have the same meaning as set forth in Article 4A of the Uniform Commercial Code and, to the extent applicable, the Electronic Fund Transfer Act (EFTA) and its implementing regulations.

 

1.      How to Make a Funds Transfer:  By submitting a Domestic or International Wire Transfer form, or similar Funds Transfer request instructions, provided that detailed and specific wire instructions are included in the requests  in a form acceptable to us in all respects in our sole discretion, you are requesting and authorizing a Funds Transfer (commonly referred to as a “wire transfer”, or, in the case of an international Funds Transfer made for business purposes in accordance with such instructions (“Funds Transfer Request”).

2.      Method Used to Make the Funds Transfer:  We may select any means for the transmission of funds which we consider suitable, including but not limited to Fedwire.  We may make use of correspondents, agents, subagents and funds transfer and communication systems.  Such third parties shall be deemed your agents and we shall not be liable for an errors, delay, misdelivery or failure of delivery by any of them unless applicable law says otherwise.

3.      We have cut-off hours for processing Funds Transfers.  The cut-off time for domestic and international funds transfers is 5:00 pm EST.  We may treat any Funds Transfer Request received at or after our cut-off time as if it were received that business day or we may treat it as if it were received at the opening of the next business day.

4.      Security Procedures:  You agree and consent to the use of certain security procedures by us to confirm the validity of the Funds Transfer Request made pursuant to this Agreement.  You understand the security procedures are not designed to detect errors in the content of the Funds Transfer Request or to prevent duplicate transfers.

 

Some elements of the procedures will vary depending upon the method used to initiate a Funds Transfer.  You hereby agree that your utilization of any security procedure established hereunder shall constitute your agreement to its use and affirmative acknowledgment of its commercial reasonableness.  You further agree that any Funds Transfer Request which is acted upon in good faith by us in compliance with these security procedures, whether or not in fact authorized by you, shall constitute an authorized Funds Transfer.

 

The following security procedures shall apply to this Agreement:

a.      Perform verification on the individuals initiating the Funds Transfer Request that is designed to ensure they are authorized to initiate a Funds Transfer

b.      Apply fraud-related screens to the wire instructions

c.       Contact you using information from your account records to verify the Funds Transfer

d.      Request and receive any other proof of identification or any other documentation from you or your Authorized Representative which we may, in our sole discretion, require under the circumstances.

5.       For commercial transactions involving an International Funds Transfer, you are responsible for providing us with the name and address of an Intermediary Bank at the time of the Funds Transfer.  If you do not supply us with an Intermediary Bank we will select one of our choosing.  For a consumer International Funds Transfer, we will select the Intermediary Bank through with the Funds Transfer is transmitted.  Unless you state otherwise on the funds transfer request form, funds transfers sent to foreign countries may be converted to the currency of the destination country at our rate of currency exchange for remittance transfers.  Even if you tell us that you want the Funds Transfer sent in US dollars, we cannot guarantee that the beneficiary/designated recipient will receive the funds in US currency.  The actual amount that the beneficiary/designated recipient receives may be reduced by fees and taxes imposed by the beneficiary bank, or a correspondent bank, including currency conversion chares.  Refunds of US dollar consumer international funds transfer request shall be in US dollars in the total amount of funds provided by you at the time of the Funds Transfer; refunds of commercial US dollar international Funds Transfer Requests shall be in US dollars in the amount of US dollar payment that we receive from the bank returning the funds to us at such bank’s rate of currency exchange less any fees therefore.  Refunds of foreign currency consumer international Funds Transfer Requests shall be in the amount of US dollars that can be bought by us for the applicable non-US dollar currency amount at our then current rate of currency exchange.  You shall bear all risk of loss due to fluctuation in the currency exchange rate.

6.      You acknowledge and agree that when you (or your Authorized Representative) provide us with a name and account number in order for us to process a Funds Transfer, payment may be made by the beneficiary’s/designated recipient’s bank solely on the basis of the account number even if the account number identified a person different from the beneficiary so names.  We or an intermediary bank may send a Funds Transfer to an intermediary bank or beneficiary’s/designated recipient’s bank based solely on the bank identifying number, even if the payment order indicates a different name.  We may rely on all information contained in the Funds Transfer Request regardless of who may have provided the information.  You further agree that your obligation to pay the amount of a Funds Transfer to us is not excused in such circumstances.  Except as provided by applicable law, any losses resulting from an incorrect account number or your misidentification of the beneficiary/designated recipient is your responsibility and not ours.

7.      A Funds Transfer Request is considered accepted by us when we execute it.  There is a deadline for each type of Funds Transfer Request.  Please contact Old Point National Bank for this information.  If a Funds Transfer Request is received prior to the deadline, it will be executed by us that business day.  A Funds Transfer Request received after the cut-off time may be executed on the next business day. 

8.      You must pay us the amount of the Funds Transfer, plus any applicable fees, before we will execute the Funds Transfer Request.  Please contact Old Point National Bank for fees applicable to Funds Transfers and any other related pre-payment disclosures. 

9.      We have no responsibility to accept any incoming funds Transfer(s) for your benefit.  Likewise, we have a right to reject any funds Transfer Requests(s) for an outgoing Funds Transfer for reasons including, but not limited to, insufficient or uncollected funds in the account specified in the Funds Transfer Request, our inability to execute the Funds Transfer for the reasons set out in the agreement or if we are unable to verify the authenticity of the Funds Transfer Request.

10.   If we determine, in our sole discretion, not to honor, execute or accept a funds Transfer Request, we will endeavor to notify you, but we shall have no liability for the delay or failure to do so.  We will also endeavor to notify you promptly if a Funds Transfer is returned to us after its execution but shall have no liability by reason of our delay or failure to do so.  We shall have no obligation to resend a Funds Transfer if we complied with the original Funds Transfer Request and such funds Transfer was returned to us.

11.   Once we receive a domestic Funds Transfer Request, it may not be able to be cancelled or amended.  However, at our discretion, we may use reasonable efforts to act on any request for cancellation or amendment, provided that the method by which we are notified of a request for cancellation or amendment complies with our security procedures.  However, we shall have no liability if such cancellation or amendment is not effected.  You agree to indemnify and hold us harmless from any and all liabilities, claims, or damages, costs and expenses we may incur in attempt to cancel or amend the Funds Transfer.  Any cancellation or amendment of a Funds Transfer by us shall relieve us of any obligation to act on the original funds Transfer Request.

12.   Any changes in the authority of persons authorized to make a Funds Transfer on your behalf shall not be binding upon us until we have received written notice from you.  The notice must be in a form acceptable to us and be given with a reasonable period of time for us to act upon the change.

13.   We shall exercise good faith and reasonable care in processing Funds Transfer Requests.  You shall similarly exercise good faith and reasonable care in observing and maintaining security procedures, in communications Funds Transfer Requests to us, and in reviewing periodic bank statements for any discrepancies. 

14.   You covenant with us to observe all anti-Money Laundering and Exchange Control laws and regulation including economic and trade sanctions promulgated by the Office of Foreign assets control of the US Department of Treasury in relation to any Funds Transfer and you will use all reasonable endeavors to assist us to do likewise.  In particular, you covenant that the information given to us by you is accurate.  We may disclose any information given to us that we in our sole discretion think necessary or desirable to disclose; except we will only disclose confidential information if required by law, a court, or legal, regulatory or governmental authority.  Sometimes legal, regulatory or governmental authorities require additional information, either in respect of individuals, entities or particular transactions.  You agree to promptly supply all such information, which any such authority may require, and/or which we may be required to supply, in relation to the individual, entity or particular transaction.  If you, or your authorized Representative, breach any such laws or regulations you irrevocably agree that we may retain any monies or funds transmitted to us pursuant to this Agreement and/or not fulfill any funds Transfer Request if we are required to take or refrain from such action by any legal, regulatory or governmental authority or if we reasonably belie that such action may violate any laws or regulations described herein, and such monies shall not bear interest against us.  You further agree that we may pay such monies to the appropriate legal, regulatory or governmental authority, if and when required by law.

15.   In consideration of Old Point National Bank agreeing to accept Funds Transfer Requests in the manner set forth herein, you shall forever indemnify and hold Old Point National Bank, its officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers, harmless from and against all liability, claims, damages, costs, claims or expenses (including reasonable attorney’s fees) that we may incur in connection with all liability between you and us or us and any third parties, without regard to the merit or lack of merit thereof, arising out of, or related in any way to the matters set forth herein, or to the Funds Transfer Service which shall be provided pursuant to the terms of this Agreement.  Your agreement to indemnify us and hold us harmless shall survive the expiration and/or termination of this Agreement and all provisions contained herein.

16.   We may terminate the right to make Funds Transfers at any time or amend or change the terms of this Agreement or cancel this agreement without advance notice to you.

 

Our liability for failure to make a transfer

If we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for the amount of any losses or damages incurred by you and resulting directly from such failure. We will not, however, be liable in the instances described below:

 

Limitation of Liability for Transfer and Bill Payments

You agree that, except as expressly stated herein, there is no warranty of merchantability, no warranty of fitness for a particular use, and no other warranty of any kind, express or implied, regarding the information or any aspect of the Services.

You further agree that Old Point National Bank will not be liable for failure to properly complete a transfer or bill payment in the following instances:

  1. If through no fault of Old Point National Bank, you do not have enough money in your account to make the transfer or payment.
  2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents us from completing the transfer or payment despite reasonable precautions that we have taken.
  3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
  4. If your funds are subject to legal process or other encumbrance restricting the transfer.
  5. If your transfer or payment authorization terminates by operation of law.
  6. If you believe someone has accessed your accounts without your permission and you fail to notify Old Point National Bank immediately.
  7. You have not properly followed the scheduling instructions on how to make a transfer or payment included in this Agreement.
  8. If we have received incomplete or inaccurate information from you or a third party involving the account, transfer, or payment.
  9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.

Old Point National Bank will not be liable for any losses, resulting from circumstances over which Old Point National Bank has no direct control, including but not limited to, the failure of electronic or mechanical equipment or communications lines, telephone or other interconnect problems, operator errors, log-in sequences, severe weather, earthquakes, floods or other such events. You acknowledge that there are alternative methods for accessing the information and conducting the transactions provided by the Services, such as Old Point National Bank or payment by check. In the event you should experience problems in accessing the Services, you will attempt to access such information and conduct such transactions by such alternative methods.

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any indirect incidental or consequential damages.

If any of the circumstances listed in subparagraph 2 or 8 above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

Disclosure of information to third parties

We will disclose information to third parties about you, your account, or the transactions you make:

  1. For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or to report to credit bureaus;
  2. For our marketing purposes – to offer our products and services to you;
  3. For joint marketing with other financial companies;
  4. For our affiliates’ everyday business purposes – information about your transactions and experiences;
  5. For our affiliates’ everyday business purposes – information about your creditworthiness;
  6. For our affiliates to market to you; and
  7. For our non-affiliates to market to you.

A complete statement of Old Point National Bank's consumer privacy policy is available at our branch locations, at our website http://www.oldpoint.com or by calling 757.728.1200.

You may direct us that information listed in items 5, 6, and 7 above not be shared with Old Point National Bank affiliates and non-affiliates by calling us at 800.952.0051 between 9:00 a.m. and 5:00 p.m. Monday through Friday Eastern Time.

Inactivity; Termination

You are responsible for complying with all the terms of this Agreement, with the terms of the agreement governing the deposit accounts which you access using the Service and with the terms of the agreements governing the credit card accounts which you access using the Services. We can terminate your electronic banking privileges (including the Bill Payment Service) under this Agreement without notice to you if you do not pay any fee required by this Agreement when due or if you do not comply with the agreement governing your deposit, credit card, loan accounts or other accounts, or any account is not maintained in good standing or if we have reason to believe that the Service has been subject to unauthorized or improper use. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.

If you are not paying a monthly service charge for the Service, we may convert your Service access to an inactive status if you do not sign on to the Service or do not have any transaction scheduled through the Service during any consecutive 90-day period. If your Service access is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

To cancel the Online/Mobile Banking or Bill Payment service, you must notify Old Point National Bank and provide your name; address; whether you are discontinuing Online/Mobile Banking, Bill Payment, or all; and the effective date to stop the Service.  When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment service will be assessed at the end of the billing period. You may notify Old Point National Bank by one of the following methods:

·        By sending an e-mail to online@oldpoint.com

·        By calling 757.728.1250 9:00 a.m. to 5:30 p.m., Monday through Friday.

·        By faxing the Electronic Banking Department at 757.726.3419.

·        By writing a letter and either sending it to the following address or giving it to a Customer Service Representative at any Old Point National Bank location:

Old Point National Bank
ATTN:  eServices Department
PO Box 3392
Hampton VA 23663

To cancel e-Statements, select “Don’t Go Paperless” under the Preferences>e-Statements option within Online Banking. This change must be made at least 3 business days prior to your statement cutoff date to allow the next statement to be sent in paper form.  If you elect to discontinue receiving eStatements, Old Point National Bank may charge a fee up to $5.00 per month per paper statement.

Governing Law

This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of Virginia . Venue of any action regarding the substantive laws of the State of Virginia will be in the State Courts located in the City of Hampton, VA. In addition, we are subject to certain federal and state regulations and local clearing house rules governing the subject matter of the Agreement. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of the Agreement will prevail to the extent any such law, regulation, or rule may be modified by Agreement.

Fee Schedule

Online and/or Mobile Access to view Balances – personal accounts

FREE

 

 

Transfer funds within your own Accounts – personal accounts

FREE

 

 

Change of address request

FREE

 

 

eStatement delivery

FREE

 

 

Bill Payment – personal accounts

$5.00 per month*

        *Fee may be waived based on Checking account Product

 

Business Online Banking, Bill Pay/Cash Management

Contact eServices Department