FV BANK INTERNATIONAL INC. (FV BANK)

Deposit Agreement

Deposit Agreement Effective April 1, 2020

Please read and print this Deposit Agreement.

ACCEPTANCE OF TERMS


Deposit Accounts

By opening or maintaining your account on or after the Effective Date of this Agreement, you agree that the terms of the agreements contained herein will govern your account(s) and any services related to your account(s).


Certificates of Deposit (CDs)

By opening a CD on or after the Effective Date of this Agreement, you agree that the terms of the CD agreements contained herein will govern your CD.


Our Agreement

When we say “FV Bank,” it means FV Bank International Inc. If you see the words “we,” “us” or “our,” we are talking about FV Bank. When you see the words “you” and “your,” we mean each person who owns an Individual account or a fiduciary or representative who is an authorized user for a Business account. When you see the word “Agreement,” we are referring to this Deposit Agreement.


1. Account Basics

Opening an Account

  • Employment confidentiality requirements for FV Bank employees; Document storage security policies.For Individual Accounts: Anyone who is at least eighteen (18) years old and resides in a Territory which FV Bank supports can apply to open an Individual Account.
  • For Business Accounts: Accounts are only available to legal entities which are domiciled in a Territory which FV Bank supports.
  • Credit Reports and Other Inquiries: We may use credit reports or other personal and business information from third parties to help us determine if we should open or maintain your Account. This includes data to verify your identity and to satisfy our anti money laundering requirements.
  • All accounts are required to pass and maintain Know your Customer (KYC) and Anti Money Laundering (AML) requirements of FV Bank.
  • We reserve the right to refuse to open or maintain an Account for anyone at any time.
  • In the event there is a change to any personal data for Individual Accounts or change in Business data for Business Accounts, (such as a name change, change of owners/shareholders/directors, address, contact information etc.) the Individual or Business is required to update FV Bank within 15 days of the data change in order to keep their account(s) current and in compliance with our KYC and AML requirements. Failure to update your account can result in suspension or termination of your account.

2. What Types of Accounts Can Be Opened?

The below Account types and features may not all be available at the time you open your account.

  • Online Deposit Accounts — This account allows you to make deposits by Automated Clearing House (ACH) transfer, transfer from another FV Bank Account, wire transfer or foreign local transfer. You can make withdrawals by, ACH transfer, wire transfer and foreign local transfer. These accounts do not offer any interest on deposits.
  • Online Savings Account — This account allows you to make deposits by Automated Clearing House (ACH) transfer, transfer from another FV Bank Account, wire transfer or foreign local transfer. You can make withdrawals by, ACH transfer, wire transfer and foreign local transfer. Limits apply to certain types of withdrawals and transfers from your account. You can make up to three (3) withdrawals and/or transfer transactions in a statement cycle. This account type may offer interest which will be disclosed at the time of opening the account. This account type may have a minimum deposit and or balance requirement. Online Savings Accounts are subject to your acceptance of our Online Savings Account Additional Terms and Conditions.
  • Certificate of Deposit (CD) — This account allows you to make your account-opening deposit by ACH transfer, transfer from another F V Bank account, wire transfer and foreign local transfer. By opening a CD, you have contracted to keep the deposited funds on deposit until the maturity date of the CD. A partial withdrawal of principal before maturity is not permitted on any CD. While an actual certificate is not issued, you will receive a funding letter with all the pertinent information about the CD. This account type will have a minimum balance requirement. Certificate of Deposit Accounts are subject to your acceptance of our CD Additional Terms and Conditions.
  • Debit Cards – Subject to approval and availability, you may have a debit card linked to your Online Deposit Account. You may make withdrawals by debit card through ATMs and make purchases at merchants who accept our Debit Cards. Debit Cards are subject to your acceptance of our Debit and Prepaid Cards Terms and Conditions.

3. How Accounts Can Be Owned

FV Bank accounts can be held in the types of ownership described below.

  • Individual Account — This account is owned by only one person who can deposit, transfer or withdraw funds.
  • Business Account — This account is owned by a legal business entity and is operated by a representative whom the business has authorized by resolution to act on behalf of the business. Business accounts may also have more than one authorized user subject to authorization by the business through a resolution. All users of a business account must individually pass and maintain satisfactory status with our KYC and AML requirements.
  • Accounts for Trusts – Copies of certain pages from the trust agreement and other supporting documents are required to open this account. Please contact us at support@fvbank.us ot apply for a trust account.

4. How Interest Is Calculated

Where applicable, Interest will be compounded daily. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal and interest that has been accrued to the account each day. The daily periodic rate is calculated by dividing the interest rate by three hundred sixty-five (365) days, even in leap years. Please see Sections 5 and 6 for more information about how we calculate interest for CDs.


How Interest Can Be Paid

  • CD Accounts: For CDs with terms of 12 months or less, we will credit the interest earned at maturity unless you have chosen another interest payment option. For CDs with terms of more than 12 months, we will credit the interest annually at year end. The stated Annual Percentage Yield (APY) assumes that accrued interest will remain on deposit for the term of the account. Withdrawal of interest will reduce earnings.
  • Online Savings Accounts: Interest, if any will be credited to your account every statement period. If you close your account before interest is credited, you will receive the accrued interest until the date closed.

CD Renewals

  • Maturity: Our CD accounts will automatically renew at maturity for the same term. The interest rate paid for the renewed CD begins on the maturity date and takes into consideration the Ten-Day Best Rate Guarantee. If your CD term is no longer offered, we will inform you at maturity and automatically renew your CD into the disclosed term specified in the maturity notice, unless you direct us otherwise.
  • Grace Period: You have ten (10) calendar days, beginning with the maturity date, to withdraw funds without an early withdrawal penalty. We call this the Grace Period. Interest will accrue during the Grace Period; however, such interest will not be paid if the funds are withdrawn and transferred outside of FV Bank during the Grace Period. Interest will also not be paid if your Grace Period ends on a day that is not a Business Day and you are not able to withdraw the funds until the next Business Day.

CD Early Withdrawals

You may not make a partial withdrawal of principal from a CD prior to the maturity date. If we consent to the closure of a CD prior to the maturity date, we will redeem the CD and impose a penalty. The penalty amount will be equal to the days’ loss of interest, based on the CD term as reflected in the section below, and calculated at the interest rate in effect for the CD at the time the redemption request is made. The penalty will be imposed on the balance of the CD. Any accrued (but not yet posted) interest will be applied as a credit against the penalty amount. If the accrued interest exceeds the penalty amount, the excess accrued interest over the penalty amount will be paid to you. If the accrued interest is less than the penalty amount, a reduction of the balanced may result. This penalty does not apply in the case of death, disability or legal incapacity of any owner.


CD Withdrawals at Maturity:

Please notify us before your maturity date or before the end of your Grace Period if you do not want your CD to renew automatically. During the Grace Period, you may withdraw all or any portion of the funds from your CD without an early withdrawal penalty, but if you do so, you will not receive interest that would accrue during the Grace Period on the amount you have withdrawn and transferred outside of FV Bank.


8. Withholding and IRS Reporting

  • IRS Reporting. We are required by the IRS to have a valid Social Security number or Taxpayer Identification Number for each U.S. owned account to correctly report interest earned and for other federal compliance purposes. To meet U.S. federal requirements, we ask you to certify your Social Security number or Taxpayer Identification Number during the account opening process. We may also require U.S. persons and Business accounts having U.S. controllers to sign a W-9 or W-9 BENE.
  • Withholding. If you do not certify your Social Security number or Taxpayer Identification Number or sign and return the W-9 or W-9BENE, we will withhold, in accordance with IRS requirements, a specified percentage of the taxable interest that we pay to you. This is commonly referred to as “backup withholding”.

C. General Rules Governing Deposit Accounts

All our actions relating to your account, including this Agreement, will be governed by the laws and regulations of Puerto Rico and, to the extent not preempted, the laws and regulations of the United States. Any lawsuit regarding your account must be brought in a proper court in Puerto Rico. If any part of this Agreement is determined to be invalid or unenforceable, such determination will not affect the remainder of this Agreement.


1. Deposits

  • You can make deposits in any of the following
    (1) ACH transfers
    (2) Transfers from other FV Bank accounts
    (3) Wire
    (4) Foreign Local Transfers – We may offer deposit options which are local to certain countries or through partners. These options may incur foreign exchange fees. Options for Foreign Local Transfers will list limits and fees if applicable to you.
  • We have the right to reject any item submitted for deposit and the right to return a deposit already made.
  • Cut-Off Time – To allow us time to process deposits, prove balances, and make the necessary entries in our records, we have established 3:00 p.m. EST as our general cut-off hour for deposits. Any deposit received on any business day after this cut-off hour may be treated by us as being received at the opening of the next business day.

2. Our Relationship with You

This Agreement and the deposit relationship do not create a fiduciary relationship between us.


3. Authorization of Deposits

We may accept items deposited to your account without your personal authorization before accepting the item.


4. No Cash or Checks

We do not accept deposits in cash or checks, whether in U.S. or foreign currency.


5. Statements

We make transaction history, balance and statements for FV Bank accounts available to authorized users online at www.fvbank.us.


6. Review of Account Statements

We will make available to you a periodic statement showing the activity on your account and containing information sufficient to allow you to reasonably identify transactions. A copy of any transaction is available upon request. You must examine the statement and the transactions and notify us of any unauthorized transaction or any error or irregularity on the statement or the items within 60-calendar days after the transaction record is made available to you. If notice is not received within the 60-calendar day period, then we will have no liability to you and the loss will be entirely yours.


7. Funds Availability

Please refer to the Funds Availability Schedule contained in Section III.


8. Notice of Withdrawal; Limits on Withdrawals

If you have an Online Savings Account, we retain the right to require you to provide us with seven (7) days written notice before withdrawing funds. This Agreement imposes limits on the number of certain types of withdrawals and transfers you can make each statement period from an Online Savings Account. You can make no more than three (3) transactions each monthly statement, excluding deposits. We count a withdrawal transaction on the date that we debit it from your account. This date may be different from the date you authorize the transaction, which means a transaction made during one statement cycle may not be counted until a later statement cycle. If you exceed the transaction limits on your Online Savings Account on more than an occasional basis, we may revoke your privileges on that account, or we may close your account.


9. Problems That Could Occur

  • Overpayments and Reversals. If funds are deposited or transferred into your account by mistake or otherwise, we may correct the situation and deduct any interest paid or fees without prior notice to you. If there are not enough funds in your account at that time, your account could become overdrawn and we may charge an overdraft fee. See Section V, Service Fees
  • Returned Deposited Items. You are responsible for returned deposits and other transactions. If you make a deposit or have funds transferred into your account and that deposit or transfer is returned to us for any reason by the paying financial institution, we may charge applicable fees and interest against your account, without prior written notice to you. There is a fee for returned deposited items. See Section V, Service Fees.

10. Processing and Posting

We will generally post deposits and withdrawals and post other debit transactions to your account in the order in which we receive them. However, we reserve the right to post deposits and other withdrawals you make from your account regardless of the method of withdrawal in any order we determine. This includes withdrawals made at an ATM or by computer, point-of-sale (POS) transactions, pre-authorized payments and any other means we make available to you. The order in which you make transactions from your account may not be the same as the order in which we post those transactions to your account each business day. The order in which we post your transactions may affect whether you incur fees for insufficient or unavailable funds. We reserve the right to change our order of posting from time to time.


11. Overdraft Transactions

When a transaction is presented against your account, and your account either does not have sufficient funds or the transaction would cause your account to not have sufficient funds, we may reject the transaction. If a transaction is processed and causes your Account to overdraft, we will charge you a fee. This includes transactions made from debit and prepaid cards. In all cases, you are responsible to deposit additional funds to make the Account balance positive, including any applicable fees. We do not guarantee that we will always authorize and pay any type of transaction which causes an overdraft, all such transactions are at our discretion, which means we do not guarantee that we will always authorize and pay any type of transaction.

Please see the Service Fee Chart, Section V, for overdraft fees.


12. Stop Payments

You may ask us to stop payment on certain types of electronic fund transfers (EFTs) drawn on your account that we have not paid by submitting a stop/cancel payment request. You can request a stop/cancel payment form your online account or mobile phone. You must give us sufficient advance notice so that we have a reasonable opportunity to verify that the transaction is unpaid and to act on your stop/cancel payment request. There may be a fee for a stop payment order. See Section V, Service Fees

You may not request a stop payment on a point-of-sale transaction you made using your debit card or an ATM withdrawal.

You may not stop payment on an ACH transfer that you have scheduled through FV Bank that is already in process.

If you have authorized another financial institution or merchant to withdraw or deposit funds to your FV Bank account and you have asked FV Bank to stop such payment from being made, and FV Bank has not already paid such financial institution or merchant, then your stop payment request will take effect within three (3) Business Days of your request. If you previously authorized an ACH transaction, you must contact the sender of the ACH in the manner specified in your agreement with the sender. There is a fee for stop payments. See Section V, Service Fees.


13. Service Fees

See Section V, Service Fees. These fees may change from time to time and in accordance with applicable law. We will provide you notice to the extent required by law.


14. Mobile Phone Access

You may access your accounts and perform many banking services using the FV Bank IOS or Android mobile application. Services may include balance and transaction information, internal transfers, ACH, wires, interest information, and other transactions (as available). See Online Banking Agreement for details.


15. Automated Clearing House (ACH) Transfers

You may be able to send or receive ACH transfers depending on the type of your account. These transfers will be processed under the Operating Rules of the National Automated Clearing House Association (NACHA) and you agree to be bound by and comply with the NACHA rules.


16. Transfer of Accounts

Accounts are not transferable or assignable.


17. Abandoned/Unclaimed Accounts

FV Bank is required by law to turn over the funds in abandoned or unclaimed accounts to the government of Puerto Rico.


18. Business Day

For purposes of this Agreement, our Business Days are Monday through Friday. Saturdays, Sundays, U.S. federal holidays and local Puerto Rican holidays are not included.


19. Indemnification and Limitation of Liability; Attorney’s Fees and Costs for Lawsuits

You agree to indemnify and hold us harmless from any losses, damages, suits and expenses, of whatever kind, including reasonable attorneys’ fees, which we may incur as a result of relying upon instructions from you. You agree to comply with applicable law and to not use your account for unlawful internet gambling transactions or other illegal transactions or activity. Please note, your agreement to comply includes United States economic sanctions laws and regulations, including those issued by the Office of Foreign Assets Control of the U.S. Department of the Treasury and Executive Orders issued by the President of the United States.

You agree to reimburse us for all claims, costs, losses and damages (including collection fees) we may incur with respect to occasions when you do not have sufficient funds in your account or you have returned deposited items to your account.

We are not liable to you for claims, costs, losses or damages caused by an event that is beyond our reasonable control (e.g., the acts or omissions of third parties, natural disaster, emergency conditions, government action, equipment or communications malfunction). We are not liable for special, incidental, exemplary, punitive or consequential losses or damages of any kind.

We reserve the right to limit access to your accounts which can include temporarily or permanently disabling your debit card, removing your online access, restricting your account, dishonoring your transactions and/or closing your accounts without prior notice to you unless prior notice is required by law. We do not bear liability for such actions.

Our liability to you for a claim is limited to the face value of the item or transaction, or the actual value of any funds not properly credited or debited.

In any lawsuit brought by you against us or by us against you, the prevailing party in the lawsuit is also entitled to recover reasonable attorney’s fees and court costs from the non-prevailing party.

This Indemnification and Limitation of Liability does not, in any case, reduce our liability to you as described in Part II, relating to electronic fund transfers.


20. Conflict/Disputes Involving Your Account

We are not liable to you for errors that do not result in financial loss to you. We may take any action authorized or permitted by this Agreement without being liable to you, even if such action causes you to incur fees, expenses or damages.

If third parties make claims on your account, or if we receive conflicting instructions from authorized signers, or if we become involved in or concerned about a dispute between you and an authorized signer or joint owner, we have discretion to react in ways we believe to be appropriate, including by closing your account and issuing you a check or interpleading funds to court. You are liable for all expenses and fees we incur for such conflicts or disputes, including internal costs and attorneys’ fees, and we may charge them to your account.


21. Legal Process Affecting Accounts

If legal action such as an attachment, garnishment, levy or other state or federal legal process (“legal process”) is brought against your account, we may refuse to permit (or may limit) withdrawals or transfers from your account until the legal process is satisfied or dismissed. Regardless of the terms of such attachment, garnishment, levy or other state or federal process, we have first claim to all funds in your account. We will not contest on your behalf any such legal process and may take action to comply with such legal process as we determine to be appropriate in the circumstances without liability to you, even if the legal process purports to affect the interest of only one owner of a joint account and even if any funds we may be required to pay out leaves insufficient funds to pay a transaction you have authorized. If we incur any expenses, including without limitation, reasonable attorney fees, in connection with any such legal process, we may charge any expenses and fees to your account or any other account you may have with us without prior notice to you, or we may bill you directly for such expenses and fees. Any garnishment or other levy against your account is subject to our right of setoff and security interest.


22. Setoff and Security Interest Rights

You grant us a security interest in all of your accounts with us for obligations owing to us by any owner of any of your accounts. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. We may take or set off funds in any or all of your accounts with us and with our parent, affiliates or subsidiaries for direct, indirect and acquired obligations that you owe us, our parent, affiliates and subsidiaries, including any balances as a result of not having sufficient funds available, regardless of the source of funds in an account. These rights are in addition to other rights we have to take or charge funds in your account for obligations you owe us.

We may consider this Agreement as your consent to FV Bank asserting its security interest or exercising its right of setoff should any laws governing your account require your consent. If the law restricts our ability to take or setoff funds in your account, or if some government payments are protected from attachment, levy or legal process, to the extent that you may do so by contract, you waive those conditions and limits and authorize us to apply funds in any or all of your accounts with us, our parents, affiliates or subsidiaries to obligations you owe us.

Exercising these rights may result in early withdrawal penalties or may cause us to dishonor items should our action result in non-sufficient funds in your account.

In the case of a joint account, Business Account with joint owners/authorized users we may exercise these rights against the account and all owners. These rights exist no matter who contributed funds to the joint account. Similarly, each joint owner agrees that we may use the money in their individual accounts to satisfy obligations in their joint accounts.


23. Change of Address

You must promptly notify us of any change in your residential mailing or email address. Failure to notify us may result in delay or non-receipt of bank correspondence.


24. Collection Costs

You agree to pay our collection agency fees and costs and/or our attorney’s fees and court costs if an overdraft, returned deposit or other transaction in your account is referred to a collection agency and/or an attorney for collection.


25. Recording and Monitoring Telephone Calls and Electronic Communications

We will record and monitor our telephone conversations with you and your electronic communications with us (chat, e-mail, Twitter, video conference and other forms of electronic exchange). Unless the law requires otherwise, you consent in advance to such recording and monitoring and we do not need to remind you of these activities.


26. Waiver

We may delay or waive any rights we have under this Agreement. If we delay or waive our rights, you are still obligated to pay us fees and other amounts you may owe us under this Agreement. Any delay or waiver of our rights applies only to the specific instance in which we decide to delay or waive the provision and does not affect our future rights in any way.


27. Changes in Terms

Please be aware that accounts or services can change over time. We reserve the right to discontinue or make changes to accounts or services. We may change this Agreement, and we may add to or delete from this Agreement, and the updated agreement will supersede all prior versions. We will provide notice of changes, additions, and deletions as required by law. If we have provided advance notice and you do not agree with a change, you may close your account(s) before the effective date of the change, addition or deletion. Notice of changes can be provided to you by email or in your online account.


28. Digital Images, e-Signatures, & Facsimile Signatures

We accept digital images, e-signatures, and facsimile signatures for documents that need to be signed or endorsed, excluding any documents specifically indicating the return of the actual document. However, we will not be liable if use of a device was unauthorized or if the size, color or quality of the signature is different from that of any signature previously presented to us. If a facsimile signature is used for a withdrawal from your account, you are responsible for any withdrawal from your account when the facsimile signature resembles or purports to be the signature of a person authorized to make withdrawals from your account. You agree to reimburse us (and we may charge your account) for all claims, costs, losses and damages, including reasonable attorneys’ fees, that result from our payment of a withdrawal accompanied by a facsimile signature or by a facsimile or digital image that we otherwise believe you authorized.


29. Closing an Account

We have the right to close your Account at any time for any reason. We may also close your CD at any time for any reason or at maturity without advance notice. In addition, your account will be closed automatically if we do not receive your initial deposit of funds to (i) Online Savings Account within thirty (30) days of the date on which your account is opened, (ii) a CD within sixty (60) days of the date on which your account is opened.

If your account has a balance when we close it, we will return the remaining funds to you, including accrued interest, if any earned until the close date, less any applicable penalty, unless prohibited by applicable law.

If you close your account and transactions that we cannot return unpaid (for example, a previously approved/authorized point-of-sale debit card purchase or ATM transaction) are later presented against your account, you authorize us to re-open such account and apply the transactions that were authorized prior to account closure. We are not liable for any losses or damage that may result from dishonoring any items after your account has been closed.

You should cancel any pending or future bill payments before you close your account. If your account is overdrawn when we close it, you agree to pay immediately all amounts you owe us./p>

You may close your CD at maturity without penalty. Any other closure of your CD may be subject to an early withdrawal penalty.


D. Electronic Banking Services:

1. ATMs

Subject to you being issued an FV Bank debit card, FV Bank charges a fee for ATM withdrawals. When you use an ATM not owned by us, you may be charged a fee by the ATM owner or by any network used, and you may be charged a fee for a balance inquiry even if you do not complete a monetary transaction. Such fees will be charged directly to your account.


2. Online & Mobile Banking

Online Banking allows you to review your accounts and conduct certain other transactions online, including person-to-person payments. Online Banking includes Mobile Services accessible through eligible Mobile Devices and is available to all Eligible Accounts. Please see our Online Banking Services Agreement posted in the “Legal” link at www.fvbank.us for more details.


3. External ACH Transfers

We make it possible for you to conduct inbound transfers into your FV Bank accounts from accounts you own at other financial institutions (Non-FV Bank Accounts) and outbound transfers out of your FV Bank accounts into your FV Bank Accounts. To use this service, you must enroll with us, and enrollment of such accounts is subject to our approval, which may be withheld at our sole discretion.


  • Transfer times – ACH transfers take between 2-4 days to process.
  • Termination. We may change, modify, add or remove all or portions of your ACH transfer capability at any time, with or without notice to you. In addition, we may restrict your access to and use of the transfer capability at any time upon notice as required by law.

Section II. ELECTRONIC FUND TRANSFERS DISCLOSURE AND SPECIAL TERMS

You may arrange for direct deposits to be made to, automated payments to be paid from your Account with us. If your account was established primarily for personal, family or household purposes, these transactions are governed by Regulation E and the following special provisions and disclosures apply. Additional disclosures are provided in other sections of the Agreement.


A. Electronic Fund Transfers Services

The following terms are used to describe Electronic Fund Transfers (EFT) services:

  • “automated credits” or “direct deposits” are deposits made directly to your account by electronic means.
  • “automated debits,” “automated payments” indicate payments authorized by an electronic signature or PIN to be made from your account(s) by electronic means.

When you accept direct deposits or authorize automated payments/debits to or from your accounts, you agree to these terms and conditions. Other relevant terms and conditions described elsewhere in this Agreement also apply if they are not inconsistent with Regulation E or this Section II.


1. Types of Electronic Fund Transfers Available

a. You may arrange with another party, such as your employer or a government agency, to electronically deposit funds on a one-time or recurring basis directly to your FV Bank account.
b. You may authorize another party, such as an insurance company or mortgage company, to have payments sent directly to them on a regular basis from your FV Bank Account or, subject to the limitations on withdrawals and transfers, from your Online Savings Account.
c. You may also direct that funds be transferred from one of your deposit accounts to another account through Online Banking.
d. You may also direct that funds be sent to a third party via person-to-person payments.
e. You may use your debit card to make purchases at merchants that accept the card or to obtain cash at ATMs and retail cash back at certain merchants.


2. Limitations on Transfers, Amounts, and Frequency of Transactions

Please see your Debit Card Agreement and Disclosure for limitations on transfers, amounts and frequency of transactions when using your debit card.


3. Right to Receive Documentation of Electronic Fund Transfers

    a. Receipts. You can get a receipt at the time you make any transfer to or from your account using an ATM or point-of-sale terminal.
    b. Statements. You will receive a statement in any month in which you have or conduct (or could conduct) an electronic fund transfer. A statement will be issued to the Primary Owner for any monthly statement period in which an EFT has been conducted. Your statements are available online.
    c. Preauthorized Credits. If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can contact us to find out whether or not the deposit has been made, using the applicable telephone number listed in the “Bank Contacts” section.

4. Right to Stop Payment of Preauthorized Transfers and Procedure for Doing So

If you have scheduled a one-time ACH transfer or a recurring ACH transfer, you can stop any of these payments. Here’s how:

You can cancel the payment authorization online in your account at www.fvbank.us at any time prior to us processing the payment.


5. Liability for Failure to Stop Payments of Transfers

If you order us to stop a pre-authorized payment three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your actual losses or damages.


6. Liability for Unauthorized Transfers from Your Account.

Tell us AT ONCE if you believe your debit card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus any other FV Bank account you own). If you tell us within two (2) Business Days after you learn of the loss or theft of your debit card or PIN, you can lose no more than $50 if someone used your debit card or PIN without your permission.

Tell us AT ONCE if you believe your debit card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus any other FV Bank account you own). If you tell us within two (2) Business Days after you learn of the loss or theft of your debit card or PIN, you can lose no more than $50 if someone used your debit card or PIN without your permission.

If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your debit card or PIN, and we can prove we could have stopped someone from using your debit card or PIN without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by debit card, PIN or other means, tell us at once. If you do not tell us within sixty (60) days after the statement made available to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Contact us immediately by email at support@fvbank.us or calling us at the Bank Contact phone number on our website at www.fvbank.us


7. Liability for Failure to Make Transfers

If we do not complete a transfer to or from your account(s) on time or in the correct amount according to our Agreement with you, we will be liable for your actual losses or damages. However, there are some exceptions. We will not be liable, for instance:

a. If, through no fault of ours, you do not have enough money in your account to make the transfer.
b. If the ATM or system was not working properly and you knew about the breakdown when you started the transaction.
c. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
d. In the case of preauthorized credits, if the data from the third party is not received, is incomplete or erroneous.
e. If your account is not in an active status.
f. If we delay a payment due to a suspicious activity, fraud or anti money laundering investigations on our part.
There may be other exceptions stated in our Agreement with you.

8. Disclosure of Account Information. We will disclose information to third parties about your account or the transfers you make:

Where it is necessary for completing transfers; or we are required by law, we will share data regarding your account, the beneficiary account and amount of the transactions or other date regarding the transfer.


III. FUNDS AVAILABILITY


A. Your Ability to Withdraw Funds

Our policy is post funds, subject to our business and processing hours as soon as funds have been received by us and within the same 24-hour period of the processing day which funds were received. Availability of funds may be delayed if we require additional information about the transaction, the source of funds or if we are investigating the transaction for suspicious activity or anti money laundering reasons.


B. Determining the Availability of a Deposit


C. 24 Hour processing

Funds from the following deposits are available the same business day the deposit is received or in the case of ACH transfers, on the settlement date:

1. International wire transfers received by 3:00 p.m. ET
2. Domestic wire transfers received by 3:00 p.m. ET
3. ACH Direct Deposits received by 3:00 p.m. ET
4. Person to Person transfers inside FV Bank are processed in real time.


D. Delayed Processing

Funds received after 3:00p.m. ET will be processed in the next business day, within 24 hours.


10. In Case of Errors or Questions About Your Electronic Transfers

Call or write us at the number or address listed in the “Bank Contacts” section, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we send you or make available to you the FIRST statement on which the problem or error appeared.

a. Tell us your name and account number.
b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
c. Tell us the dollar amount of the suspected error.


We will determine whether an error occurred 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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) Business Days for the amount you think is in error, so that you will 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 do not receive it within ten (10) Business Days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) Business Days to credit your account for the amount you think is in error.
We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.


11. Bank Contacts

If you need to call or write to us about your account, use the following telephone number or address:

*Disclaimer: Some products and services may not yet be available. Please contact sales@fvbank.us for more details.*