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HOA ONLINE PAY TERMS AND CONDITIONS These are the Terms and Conditions of First Bank’s Homeowners Association Online Pay (herein referred to as ”HOA Online Pay”). This Agreement governs the use of HOA Online Pay for First Bank (referred to as “First Bank” or “the Bank”). By registering for HOA Online Pay or using HOA Online Pay to make any payment to a third party or to access HOA Online Pay information, you agree to the terms of this Agreement. We encourage you to print a copy of this Agreement and to keep a copy for your records. The words “we”, “us”, “our” and “Bank” refer to First Bank. The words ”you” and “your” refer to each person subscribing to HOA Online Pay, and each person who uses HOA Online Pay provided hereunder with the permission of the subscriber. We, in our sole discretion, may amend this Agreement at any time. For example, we may add, delete or amend terms or services or we may add or change fees. Notice of a change may be provided to you by mail or electronically. Your continued use of HOA Online Pay following receipt of the Agreement or notice of a change is considered acceptance of the Agreement or change. Computer Equipment You are solely responsible for the maintenance, installation and operation of your computer and for the hardware and software used in accessing HOA Online Pay. The Bank shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software, nor will the Bank be responsible for any computer virus that affects your computer or the software while using HOA Online Pay. Any undetected virus or virus that is not removed from your computer may corrupt and destroy your programs, files and even your hardware. Additionally, you must have an Internet Service Provider and a 128-bit compliant browser to securely utilize HOA Online Pay. It will be your responsibility to establish these. Any costs or fees to obtain these services or software are solely your responsibility. HOA Online Pay may not be accessible through every online browser. We will not be responsible for any loss you suffer as the result of accessing HOA Online Pay if you do not comply with these requirements. Security First Bank is committed to protecting the security and confidentiality of your HOA Online Pay information. We use several different methods to protect your HOA Online Pay information:
You agree to the following:
These security procedures are not implemented for the purpose of detecting errors in your instructions. You agree that these procedures constitute a commercially reasonable method of providing security against unauthorized instructions. You agree to be bound by any instruction issued by you, and received and verified by the Bank in accordance with such security procedure. In addition, you shall indemnify and hold the Bank harmless from and against any loss suffered or liability incurred by, or arising from, the execution of instructions in good faith and in compliance with such security procedures. HOA Online Pay Service Requirements To register for HOA Online Pay, you must maintain a deposit account with almost any United States financial institution and a homeowners association account with a homeowners association that participates in the HOA Online Pay service. Certificates of deposit and individual retirement deposit accounts may not be used to make payments. (Please be aware that Federal Reserve Board Regulation D limits the number of withdrawals you may make from certain types of deposit accounts per monthly statement cycle. Contact your financial institution for further information). Only one person per homeowner unit may have HOA Online Pay service. You must also know your management company ID, association ID, and unit ID, all of which should be located on your payment coupon or billing statement. If you have difficulty, please call your homeowners association or management company for assistance. Any person who successfully registers may use any or all features of HOA Online Pay. HOA Online Pay transactions performed by an owner of the registered deposit account will be considered authorized transactions and except as provided in this Agreement, the Bank will not be liable to you for any such transactions. User Identification (ID) and Password Your User ID and Password identify and authenticate you to the Bank when you use the Bank's HOA Online Pay service. You will be required to establish a User Identification (ID) and Password during your first online session through our online registration process. You will only be able to obtain a User Identification (ID) if you meet the HOA Online Pay requirements above. By establishing a User ID and Password you agree to:
You acknowledge that we are entitled to rely on the use of your User ID and Password as your authorization for any transaction through HOA Online Pay. You are responsible for all transactions you initiate or authorize using HOA Online Pay. If you permit any other person to use your HOA Online Pay User ID and Password, you will have authorized that person to access your deposit accounts via HOA Online Pay, and you are responsible for any transaction that person initiates or authorizes from your deposit accounts via HOA Online Pay. If you suspect unauthorized use of your User ID and Password, please follow the procedures outlined in the "Unauthorized Use of Your User ID and Password" section of this document. HOA Online Pay Services After you have successfully registered for HOA Online Pay, you will have access to your HOA Online Pay services. For payments made using HOA Online Pay, you will be able to:
We reserve, in our sole discretion, the right to change or limit the types of deposit accounts that may be used or services available through HOA Online Pay. System Availability You may access your HOA Online Pay information through the website 24 hours a day, seven days a week, except for interruptions due to maintenance or matters beyond the Bank’s control. Daily Processing Deadlines The Bank’s business days are Monday through Friday. Saturday, Sunday and Federal holidays are not considered business days. The status of HOA Online Pay transactions that are requested and received by the Bank before 3 p.m. Central Time, Monday through Friday, except banking holidays, will be reflected in your transaction history the following calendar day and posted to your HOA Online Pay on the business day following your request. The status of HOA Online Pay transactions that are requested and received by the Bank after 3 p.m. Central Time Monday through Friday or all day Saturday, Sunday, and banking holidays will be reflected in your transaction history on the second calendar day and posted to your HOA Online Pay on the business day following your request. Transactions that have occurred and that are not yet reflected in your via Online Pay history may affect your available deposit balance with your financial institution. All banking rules and regulations that govern transactions of this type apply to HOA Online Pay. Assessment Payments HOA Online Pay allows you to schedule assessment payments from your designated deposit accounts. The payment will be submitted according to the instructions you create, subject to the limitations in this Agreement, or unless your homeowners association has instructed us not to accept electronic payments from you.. You may only schedule payments to your homeowner’s association. Payment Date and Type When you schedule a payment, you must specify the date on which you want the funds for payment withdrawn from your deposit account (“Send On” date). The Send On date must fall on a business day. We require that you schedule your payments prior to the Daily Processing Deadline in order to be paid on the same day. Payments may be scheduled up to a year in advance. If your assessment amount changes, future scheduled payments must be cancelled and re-entered for the correct amount. Your Responsibilities You agree to be responsible for the following:
Fees/Charges The features currently provided by HOA Online Pay are currently provided free of charge. However, fees are subject to change from time to time at the Bank’s discretion. Payment Changes You may change the Send On date to a date up to one year in the future. For a payment change to be effective, it must be received prior to the Daily Processing Deadline on the date payment is due to be made. You may cancel a scheduled payment online up to 11:59 PM Central Time on the day preceding your scheduled day of payment. Once a payment has been debited by HOA Online Pay, you cannot cancel or stop the payment through HOA Online Pay. Electronic Mail (e-mail) Although you may currently have e-mail capabilities, it is important to remember that normal Internet e-mail transmissions may not be secure. You agree to contact us only by letter or telephone if your communication contains confidential information, such as an account number or social security number. You also agree to receive communications regarding HOA Online Pay electronically and will not attempt to circumvent receiving any messages. It is your responsibility to notify us immediately if your e-mail address changes. You are deemed to have received any electronic messages at the time we send them to you. The Bank will not be responsible if an e-mail fails because your address has changed. In addition, we may not immediately receive e-mail that you send. We will have a reasonable opportunity to act before taking action on your e-mail requests. You agree not to use e-mail for the following purposes:
You must contact us by phone or in writing to report the above. Our contact information is listed below: First Bank Association Services 108 Springstowne Center Vallejo, CA 94591-5566 Phone: 866-768-2977 No Periodic Statements The Bank will not mail or deliver to you a statement for HOA Online Pay. You may view your transaction history on the HOA Online Pay website. You should promptly notify the Bank of any discrepancies, including but not limited to, any errors or inaccuracies related to data transmitted by HOA Online Pay. If you do not notify us of any errors within a reasonable period of time (not to exceed 30 days), after we make available to you your transaction history, you cannot assert the error or discrepancy against us, even if we are unable to show a loss due to your failure. Also, you cannot assert any unauthorized transactions by the same wrongdoer on payments transmitted by us after the reasonable time mentioned above elapses and before we receive your notice. Inactivity If you do not log on to HOA Online Pay periodically, we may terminate your HOA Online Pay service and delete all information. However, we will not terminate the service while any future payment requests are outstanding. Disclosure of Information to Third Parties We will disclose information to third parties about your HOA Online Pay service or the transactions that you request:
Unauthorized Use of Your User ID and Password You must tell us AT ONCE if your ID or Password has been lost or stolen. Telephoning is the best way of minimizing possible losses. Telephone Numbers and Address to Reach Us If you believe your User ID or Password has been lost or stolen or that someone has transferred or may transfer money by using HOA Online Pay without your permission, telephone us at 866-768-2977 or write us at:
If you have a question regarding a transaction, contact us at 866-768-2977. Notices and Changes to Agreement We may, in our sole discretion, change HOA Online Pay services and the terms, including fees, set forth in this Agreement at any time. You will be notified of any such change as required by applicable law, either by mail or by an electronic message. You understand that by your continued use of the HOA Online Pay service after a change becomes effective, you have agreed to the change. Governing Law This Agreement shall be governed by the laws of the state of California and, where applicable, by federal law. Any issue relating to an account or service with the Bank shall be governed by the law(s) specified in the agreement for that account or service if there is a separate agreement for that account or service. Related Agreements State and federal law, including the Uniform Commercial Code, and regulations of the Federal Reserve System, other regulatory agencies and clearinghouse associations, may regulate much of our relationship with you. These laws and regulations, as well as the terms of the Agreement may change from time to time without notice to you unless law requires notice. Other agreements and documents between you and your financial institution may also govern the accounts you access through HOA Online Pay. Bank’s Responsibility The Bank shall be responsible for performing services expressly provided for in this Agreement and shall not be liable for any error or delay so long as the Bank has acted in accordance with the terms and conditions hereof. The Bank shall not be liable if you do not have sufficient funds in a designated account to complete the transaction you initiate or if the account is closed or overdrawn. The Bank shall not be liable if you have not given us complete, correct, or current payment instructions, or if you have not followed proper instructions given through HOA Online Pay or software used. The Bank shall not be responsible for any loss, damage, liability or claim arising, directly or indirectly, from any error, delay or failure in performance of any of its obligations hereunder which is caused by fire or other natural disaster, strike, civil unrest, any inoperability of communications facilities or any other circumstance beyond the control of the Bank. New Services We, in our sole discretion, may add or change services or features of the HOA Online Pay service. We will update this Agreement to notify you of these new services. If you continue to use HOA Online Pay, you agree to be bound by the terms contained in the revised Agreement. Termination of Agreement This agreement will remain in effect until you or the Bank terminates it. We may cancel this agreement and terminate your use of HOA Online Pay for any reason, at any time. Both parties agree to provide sufficient notice of termination to the other party. Cancellation of HOA Online Pay Service To cancel your HOA Online Pay Service, send us written notification, with your signature, to:
Once we receive your written cancellation request, we will cancel your HOA Online Pay service within a reasonable time. |