Please review the following AllTime Online Bill Pay Terms and Conditions. If you agree, select "I Accept" to continue. Definitions
"ACH Debit" is a charge to your checking account that we perform using the Automated Clearing House system.
"Agreement" refers to these Terms and Conditions.
"The Bank" refers to Santa Barbara Bank and Trust, South Valley National Bank, San Benito Bank, First National Bank of Central California, or First Bank of San Luis Obispo.
"Bank Fees" refers to the bank fees not associated with the Bill Pay Service, but may be charged due to instances such as insufficient funds and stop payments. This may also include a savings overdraft protection plan covering your funding checking account where any transfers to cover an overdraft may result in a transfer fee, and that transfer will be counted as a limited transaction withdrawal for savings accounts. Please refer to your Account Agreement & Disclosure and Schedule of Fees & Charges for additional information and to see if your accounts are subject to these and other bank related fees.
"Biller" is a provider of a billing statement that you have requested to receive electronically through the Bill Pay Service.
"Bill Pay Service Provider" is Metavante Corporation ("Metavante"), the third party Bill Pay Service provider with whom the Bank has contracted. The Bank, at its sole discretion, reserves the right to change Bill Pay Service providers.
"Bill Pay Services" means the bill pay and presentment services offered by the Bank as described in the Agreement. These services are made available through Metavante Corporation.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Cut-off Time" means payments scheduled in advance (before 12:00 a.m. on the scheduled date) will be processed for payment at 12:00 a.m. PST and "ASAP" payments (payments scheduled after 2:00 a.m. on the scheduled date) will be processed at 1:00 p.m. PST.
"Direct Check" is a check that we draw against your checking account, payable to your Payee, and signed by the Bill Pay Service provider.
"Due Date" is the date on which the payment is due, as reflected on your payee bill or statement. It is not the late date or grace period date.
"Funding Account" is the Bank checking account that you designate as the account from which your bill payments should be debited. Money Market Deposit Accounts and Savings Accounts cannot be used for bill pay services. This includes any instance of insufficient funds or any other charges that may be incurred with the bill payment process. If you have a savings overdraft protection plan covering your funding checking account, any transfers to cover an overdraft may result in a transfer fee and the transfer will be counted as a limited transaction withdrawal. Please refer to your Account Agreement and Disclosure Statement and your Schedule of Fees and Charges for additional information and to see if your accounts are subject to these fees.
"Payee" is the person or entity to which you wish a bill payment to be directed.
"Payment Instruction" is the information provided by you to the Bill Pay Service Provider for a bill payment to be made to the Payee (such as, but not limited to, payee name, and payee account number and Processing Date).
"Processing Date" is the date on which your funding account is debited, and the payment begins processing. You determine this date, based upon the Due Date.
"Scheduled Payment" is a payment that has been scheduled through the Bill Pay Service but has not begun processing.
"Trust Check" is a check that we draw against the Bill Pay Provider's account payable to your Payee, and signed by the Bill Pay Service provider. Your account will be debited via ACH if your designated payee has instructed us to receive payment via Trust check.
In order to use the Bill Pay Services, (i) you must be an individual person at least 18 years of age and able to form legally binding contracts under applicable law, (ii) you must have a postal mailing address in the United States and a valid and active e-mail address, (iii) you must have a valid checking account with Santa Barbara Bank and Trust, South Valley National Bank, San Benito Bank, First National Bank of Central California, or First Bank of San Luis Obispo.
You must select the Processing Date for any payment, or specify a payment rule in the system that automatically selects this date for you. This date must be at least three (3) Business Days for electronic (ACH) payments and five (5) Business Days for paper (Trust Check) payments prior to the Due Date to ensure that there is enough time to complete the payment. It is your responsibility to schedule payments to arrive by the Due Date specified on the bill or statement. If the actual Due Date falls on a non-Business Day, you must select a Processing Date that includes an additional day for processing. If you select a Processing Date that causes the payment to be delivered after the Due Date, we are not responsible for any late charges that you may be charged by the Payee. We may set a maximum dollar amount for payment and/or refuse to permit any bill payment if we reasonably believe such refusal is necessary or advisable for security reasons.
Due to circumstances beyond the control of the Bill Pay Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. In order to exercise the payment guarantee, payments made to an electronic merchant require that the payment be scheduled at least three (3) Business Days prior to the Due Date. For paper merchants, we require that the payment be scheduled at least five (5) Business Days prior to the Due Date. These time frames do not take into consideration any grace period that may be granted by the merchant and are based on actual Due Date. A confirmation number will be generated for each payment submitted by the Bill Pay Service. This confirmation number will be required for any payment research. We will reimburse your account for any late fees or Bill Pay Service charges associated with the payment delay as long as the below restrictions do not apply. We may require that you provide us with satisfactory written documentation of any late fees before making reimbursement to you.
Checks for bill payments issued on behalf of the customer and signed by the Bill Pay Provider may have an expiration date assigned. We may stop payment of the check if the Payee does not cash the check on or before the expiration date. We will then notify you and issue a credit to your Funding Account for the amount of the check.
We are not responsible for any failure to complete or delay in completing any payment due to any of the following:
Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Funding Account, or if we cause funds from your Funding Account to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Funding Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for late payment related charges to the extent described above. THE FOREGOING DESCRIBES OUR SOLE AND ENTIRE OBLIGATION, DUTY AND LIABILITY TO YOU FOR ANY PAYMENT DELAYS OR FAILURES. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.
If we duplicate a payment or process a payment for an amount higher than you requested, we will use our reasonable best efforts to recover the overpayment from the Payee. If we can recover an overpayment that was charged to your Funding Account, we will return the amount of the overpayment to you. For bill payments issued on behalf of the customer by the Bill Pay Provider, if the overpayment caused a credit to your account with the Payee and we are unable to recover the overpayment from the Payee, we will notify you of that fact and you will be responsible to make appropriate arrangements with the Payee to receive a refund of the credit or have it applied against future balances. Under these circumstances, you are responsible to reimburse the Bill Pay Service Provider for any funds we have paid to a Payee on your behalf.
If a payment processed to a Payee results in a credit to your account with the Payee, and the funding account results in an insufficient funds state, we will attempt to recover the funds from the Payee; but if we are unable to recover the funds from the Payee, you are responsible to reimburse the Bill Pay Service provider for any funds we have paid to a Payee on your behalf.
We will only disclose information about you to third parties if:
You agree that you will not provide access to the Bill Pay Services to any party other than yourself and other joint owners of your account, and you will take reasonable precautions to safeguard your login ID, password and security questions and answers and keep them confidential. You agree to use the Bill Pay Services only for lawful purposes. You are responsible to provide at your own expense all necessary telephone lines, Internet connection and equipment needed to access the Bill Pay Services. The availability of the Bill Pay Services may be subject to interruption and delay due to causes beyond our reasonable control.
Your contribution is important to protect the security of your access to our Bill Pay Services. You can help prevent unauthorized access by following these security tips:
Please click on the Privacy & Security link located on the Bank's website to read the Bank's Online Security Policy for more information: http://pcbancorp.com/privacy.
Also for more tips on safe Internet banking please visit: www.fdic.gov/regulations/resources/brochures/safebanking/g-scalecamrdy.pdf
You also agree that the Bank may revoke your Bill Pay and/or AllTime Online account access if unauthorized account access and/or transactions occur as the apparent result of negligence in the safeguarding of the login ID and passwords belonging to you and/or your authorized user. Further, you agree that, if the Bank is notified that you have included us in the filing of a petition of bankruptcy, we may revoke or refuse to grant you Bill Pay Service and/or AllTime Online access to your account.
We reserve the right to change the Bill Pay Service and this Agreement, including fees, at our sole discretion and from time to time. In such event, we will provide notice to you. If you do not agree to any amendments after receiving a notice of the change to the Bill Pay Service, you may stop using the Bill Pay Service and terminate this Agreement as described below. Your use of the Bill Pay Service after you are notified of any change(s) will constitute your agreement to such change(s). Further, the Bill Pay Service may, from time to time, revise or update the applications, Bill Pay Services, and/or related material. Such actions may render all such prior versions obsolete. Consequently, the Bill Pay Service reserves the right to terminate this Agreement as to all such prior versions of the applications, Bill Pay Services, and or related material and limit access to only the Bill Pay Services most recent revisions and updates.
We will make payments for you either electronically, using a Trust Check drawn on our account, or other form of funds transfer that we may choose to employ.
You authorize us to debit the funding account you designate in order to fund payments that you initiate using the Bill Pay Services. Such debits may take the form of a Trust Check, an ACH Debit, or other form of funds transfer, at our sole discretion. You will designate a Funding Account and you agree to maintain a balance in that account that is sufficient to fund all payments you initiate. You represent and warrant that you have the right to authorize us to debit the Funding Account for payments you initiate using the Bill Pay Service and you will indemnify and hold us harmless from any claims by any other owner of the account. You also agree that we are not responsible for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by your failure to maintain a balance in the Funding Account that is sufficient to fund all payments you initiate. You further agree that we may debit a Bill Pay Service fee of $20.00 for any returned payment, including, but not limited to, returns resulting from insufficient funds in your account, the fact that your account is closed, or because you provided incorrect account or routing information to us. You agree that if there are insufficient funds in your account, we may (but we are not obligated to) advance the funds to make payment to the Payee. Insufficient Fund Charges will be debited according to the current Schedule of Fees and Charges. You agree to pay us promptly on our request for any amounts that we have provided to fund any payment we make on your behalf. You agree to promptly notify us in writing of any changes to your Funding Account information and authorize us to debit such account.
An account having more than one owner is called a joint account. Each joint owner is bound by all the terms and conditions of this Agreement, and all references to "you" and "your" in the Agreement shall include all joint owners. Each joint owner agrees to be jointly and individually responsible for all charges and other obligations of any and all joint owners under this Agreement. Unless we are otherwise notified, in writing by all owners of an account, each joint owner has full and independent authority to use the Bill Pay Services as if they were the sole owner, and without the consent of or notice to any other joint owner. Such powers include, without limitation, the authority to: (a) view all billing data and pay bills or other obligations of any joint owner; (b) order the payment or transfer of funds from the Funding Account; (c) receive notices, confirmations, statements, demands and other communications concerning the Bill Pay Services for and on behalf of all owners; (d) terminate, modify or waive any provision of this Agreement to the extent permitted herein; and (e) close the account at any time. Unless we are notified in writing by all owners of an account, we may: (a) honor the orders and follow the instruction of any one joint owner, without liability to any other joint owner(s), and without any obligation to give notice to other joint owners, or to inquire whether such other owners consent; (b) honor any payment order from a joint account owner even though it may create an overdraft in any account (and all joint owners are jointly and severally liable for repayment of overdrafts created by any joint owner); (c) honor stop payment requests (including orders that no further payments be permitted from the account) from any joint owner, whether the original payment order was authorized by that owner or another joint owner; and (d) treat any notice required or permitted to be given concerning the account as being given to all joint owners when such notice is given to any one joint owner.
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Bill Pay Service. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Payment Service has begun processing a payment, however, the payment cannot be canceled or edited.
You may be able to stop payment of any future scheduled or recurring payments by notifying the Bank by telephone toll free at 1-888-400-7228 or write us at:
Online Banking Department
P.O. Box 60839
Santa Barbara, CA 93160
at least three business days before the Scheduled Payment Date. However, unless the entire series of recurring payments is requested to be stopped, we will continue to debit your Funding Account for those payments until the expiration date you set for the payments or the date you cancel the recurring payments through the Bill Pay Service, whichever occurs sooner. If our ACH debit to your Funding Account is rejected or returned to us because you have instructed the Bank to stop the recurring payment, we will charge you the NSF Fee. The Bank may require you to give written confirmation of the stop payment within 14 days of an oral notice. An oral notice may cease to be effective after 14 days. You further agree that we may debit a Bill Pay Service fee of $20.00 for each stop payment for Bill Payments scheduled through the Bill Pay Service.
Payments to Payees outside of the United States or its territories are prohibited through the Bill Pay Service. Tax payments and court ordered payments are not permitted and may not be scheduled through the Bill Pay Service. If, notwithstanding this prohibition, you schedule any such prohibited payments, you do so entirely at your own risk. In no event shall the Bill Pay Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Bill Pay Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Bill Pay Service. The Bill Pay Service has no obligation to research or resolve any claim resulting from a tax or court ordered payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Bill Pay Service.
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. If you elect to activate one of the Bill Pay Service's electronic bill options, you also agree to the following: You authorize us to contact Billers on your behalf and to receive your billing statements and billing data, including the right to periodically access third party Biller Web Sites designated by you ("Biller Sites"), on your behalf, to retrieve your electronic billing data ("eBill"). You agree that we are your agent for these limited purposes. You represent and warrant to us that you have the authority to appoint us as your agent to receive your billing statements, to view and download your eBills, and to use your name, passwords, usernames and any other information you provide to us for purposes of providing the Bill Pay Services for you. You agree that we may use and store this information on our servers. You are responsible for all charges associated with our use of any Biller Site on your behalf and you agree to comply with the terms of use for the Biller Site.
The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of the Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller.
The electronic Biller has the right to cancel the presentment of its electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of the Biller. The Bill Pay Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Bill Pay Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
We reserve the right to change the address of a Payee to whom we send Payments, without notification, in the following situations:
In all cases, we attempt to act in a way to expedite the proper posting of your payment.
Procedures If Your Login ID Has Been Lost, Stolen, or Compromised or There Has Been Unauthorized Use of Your Login ID
If you tell the Bank within two (2) Business Days after you learn of unauthorized access to your account(s) and/or that your AllTime Online login ID, password and/or security questions and answers have been lost, stolen or compromised, you can lose no more than $50.00. If you fail to notify the Bank within two (2) Business Days after you learn of unauthorized access to your account(s) and/or that your AllTime Online login ID, password and/or security questions and answers have been lost, stolen or compromised, and we can prove that we could have prevented the unauthorized access to your account(s), or use of your AllTime Online password, had you notified us, you could lose as much as $500.00. If your monthly statement or your online account detail reflects any transfers or payments that you did not make, tell us at once. If you do not tell us within sixty (60) days after the first statement which reflected an unauthorized transfer(s) or payment(s) was mailed to you, you may not get back any money you lost after the sixty (60) days, provided that we can prove that we could have stopped someone from taking the money if you had told us in time. This sixty (60) day period may be extended under usual circumstances.
In case of errors and questions about your electronic transfers or payments, you should:
If you tell us orally in person or by telephone, we may require that you send us your complaint or question in writing within ten (10) Business Days after providing verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate the complaint or question. If we decide to do this, we will provisionally re-credit your account within ten (10) Business Days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not re-credit your account.
If we determine there was no error, we will send you a written explanation within three (3) Business Days and close the investigation.
We may refuse to make any payment that we believe to be prohibited by law. If you fail to maintain a balance in the Funding Account that is sufficient to fund any payment that you initiate, we may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate. We also reserve the right and will promptly notify you of our decision to refuse to make any other payment.
You agree to promptly update all your profile information, including, but not limited to, name, physical address, e-mail address and Funding Account information. Profile information may be updated by clicking on the Profile button in the Bill Pay Service application. We are not responsible for any mail we forward to your old mailing or e-mail address prior to receiving updated information from you. All changes made are effective immediately for scheduled and future payments paid from the updated Funding Account information. The Bill Pay Service is not responsible for any payment processing errors or fees if you do not update your account information, or if you do not provide accurate Funding Account or contact information.
In the event you wish to cancel the Bill Pay Service, you may do so by contacting Customer Service:
Telephone us toll free at 1-888-400-7228
Or write us at:
Online Banking Department
P.O. Box 60839
Santa Barbara, CA 93160
We may terminate this Agreement at any time upon notice to you, which may be delivered via e-mail to your e-mail address reflected in our records. In addition, if either party breaches a material provision of this Agreement, then the other party will have the right to terminate this Agreement immediately by giving notice to the party in breach. The termination of this Agreement shall not affect any fees or charges already due to us from you.
Any payment(s) the Bill Pay Service has already processed before the requested termination date will be completed by the Bill Pay Service. All Scheduled Payments including recurring payments will not be processed once the Bill Pay Service is cancelled. The Bill Pay Service may terminate or suspend Bill Pay Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
In using the Bill Pay Service, you understand that Payees and/or the United States Postal Service may return payments to the Bill Pay Service for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Bill Pay Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Funding Account. You may receive notification from the Bill Pay Service. You further agree that we may debit a Bill Pay Service fee of $20.00 for any returned payment, including, but not limited to, returns resulting from insufficient funds in your account, the fact that your account is closed, or because you provided incorrect account or routing information to us.
YOU EXPRESSLY AGREE THAT USE OF THE BILL PAY SERVICES IS AT YOUR SOLE RISK, AND THAT THE BILL PAY SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING SHALL CONSTITUTE THE ENTIRE LIABILITY OF AND YOUR EXCLUSIVE REMEDY AGAINST THE BILL PAY SERVICE AND THE BANK. IN NO EVENT SHALL THE BILL PAY SERVICE OR THE BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND OR THE BILL PAY SERVICE.
THE BILL PAY SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree to defend, indemnify and hold the Bank and our providers, harmless from and against any third party claims, including any damages, costs, expenses and attorneys' fees arising out of your use of the Bill Pay Service.
In the event of a dispute regarding the Bill Pay Service, you and the Bill Pay Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Bill Pay Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Bill Pay Service relating to the subject matter of this Agreement. If there is a conflict between what one of the Bill Pay Service's employees says and the terms of this Agreement, the terms of this Agreement shall control.
You may not assign this Agreement to any other party. The Bill Pay Service may assign this Agreement to any affiliate or third party. The Bill Pay Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third-party Bill Pay Service providers.
The Bill Pay Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bill Pay Service. No delay or omission on the part of the Bill Pay Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of Sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of laws provisions.
These terms are the entire understanding and Agreement between you and us with respect to the Bill Pay Services and supersede any other oral or written agreements. Please retain a copy of this Agreement for your records either electronically or by printing this Agreement in its entirety. We reserve the right to change this Agreement at any time. You will be notified electronically to any changes to this Agreement.
Although the Bill Pay Services are made available through Metavante Corporation, Metavante does not receive, hold or transfer funds, and shall have no liability to you with respect to the provisions of the Bill Pay Service. Metavante Corporation makes no representation or warranty whatsoever, including any express or implied warranty of merchantability or fitness for a particular purpose, regarding the Bill Pay Services. However, Metavante Corporation is a third party beneficiary of this Agreement.