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FIRST TIME
   USER

Welcome to the National Capital Bank's Online Banking system. Please read the following agreement and press "accept" at the bottom of this page. Thank you for banking with us.

ONLINE BANKING AGREEMENT AND DISCLOSURE

This Online Banking Agreement and Disclosure ("Agreement") describes your rights and obligations as a user of the Online Banking and the Bill Payment Service ("Services"). It also describes the right and obligations of The National Capital Bank of Washington ("Bank"). Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.

I. Definitions

The following definitions apply in this Agreement:

  1. "Authorized Representative" refers to a person with authority (with respect to the account).
  2. "Bill Payment" is the online service that enables the scheduling of bill payments for personal and business accounts using an Internet-enabled device (such as a PC).
  3. "Internet-enabled device" means an electronic device (such as a PC) which, along with an Internet browser and ISP, enables you to access your Online Account.
  4. "ISP" refers to your Internet Service Provider.
  5. "One-Time Payment" is an unscheduled bill payment which is executed on the basis of each individual bill.
  6. "Online Account" means your account at the Bank from which you will be conducting transactions using a Service.
  7. "Online Banking" is the internet-based Service providing access to your account(s) at the Bank.
  8. "Online Banking ID" is the Bank-generated identification code assigned to you for your connection to the Service.
  9. "Password" is the system-generated code sent to you by Bank for use during the initial sign-on, or the codes you select after the initial sign-on, that established your connection to the Service.
  10. "PC" means your personal computer which enables you, with an Internet browser and ISP, to access your Online Account.
  11. "Recurring Payment" is a scheduled bill payment which recurs in the same amount at regular weekly, biweekly, monthly, semi- monthly, quarterly, annual or semi-annual intervals.
  12. "We", "us", or "Bank" refers to The National Capital Bank of Washington which offers the Services and which holds the accounts accessed by the Services.
  13. "You" or "your" refers to the owner of the account or the authorized representative.

II. Access to Services

The Bank will provide instructions on how to access the Online Banking Service or Bill Payment Service. You will gain access to your Online Accounts through the use of your Internet-enabled device, your ISP, your Password and your Online Banking ID.

For purposes of transactions, the Bank's business days are Monday through Friday, excluding legal holidays. All Online Banking transaction requests (except Bill Payments) received after 6 p.m. on business days and all transactions, which are requested on Saturdays, Sundays, or legal holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day.



III. Banking Transactions with Online Banking

  1. Account Access.    With the exclusion of Passbook savings accounts, you may access all personal and business accounts on which you are an authorized signer.
  2. Transfer Funds. In addition to viewing account information, you may use Online Banking to conduct the transfer of funds among your designated Interest Checking, Personal Checking, Business Checking type, Statement Savings, Premium Money Market, and Money Market accounts.  In addition, you may transfer funds into loan accounts to make payments, or from line of credit accounts that have an available balance. NOTE: Because regulations require the Bank to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:

    You may make no more than 6 withdrawals or pre-authorized, automatic, Online, or telephonic transfers of funds to another account or to a third party, from a Money Market, Premium Money Market, or Statement Savings account during each monthly statement cycle. The date the check or other transaction clears your account (rather than the date of the check or transaction) will determine whether you have exceeded the permitted number of transactions. If you exceed these restrictions, you may incur service charges, and federal law requires us to convert your account to a checking type account for repeated violations. The number of withdrawals made in person, by ATM, by mail, or by messenger is not limited. We monitor these accounts for compliance.
  3. Additional Services. New services may be introduced for Online Banking from time to time. The 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 provided to you concerning these services.

IV. Schedule of Fees

Personal Accounts. The Bank offers the benefits and convenience of the Online Banking Service to you free.

Business Accounts. The Online Banking Service (which allows transfers between accounts and unlimited viewing of accounts) is currently free of charge.

The Bill Payment Service is an additional $5.95 per month for up to 10 bills. Bills over 10 will be $.50 each. The fees will be deducted automatically from the Bill Payment account with the lowest sequential account number. For other fees, please refer to our Special Service Charges brochure previously provided to you. If you have an analyzed business account, these fees can be deducted from your earnings credit.


V. Documentation of Electronic Transactions

Periodic Statements. You will receive a monthly statement of your Business Checking type, Personal Checking, Interest Checking, Statement Savings, Money Market, and Premium Money Market accounts.

Notice of Varying Payments. You should receive at least 10 days' written notice from the originator of a pre-authorized transfer if a particular transfer will be different from the pre-authorized amount. If the originator informs you of the right to receive notice of all varying payments, you may choose to receive notice only when the transfer to be made is more or less than a range of amounts that you may choose, or differs from the previous transfers by an amount that you may choose. This notice should come from the originator of the transfer, and we are not responsible if the notice is not given.


VI. Lost and Stolen Passwords; Unauthorized Transfers

You are responsible for keeping your Password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:

  • Do not give out your account information, Password, or Online Banking ID;
  • Do not leave your PC unattended while you are in the Bank's Online Banking Site;
  • Never leave your account information accessible to others; and
  • Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system.

Tell us AT ONCE if you believe your Password has been lost or stolen, or if you suspect any fraudulent activity on your account. Telephoning is the best way of keeping your possible losses down.

If you believe your Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call the Bank's Online Banking Department immediately at (202) 546-8000; or write us at 316 Pennsylvania Avenue, SE, Washington, DC 20003 Attn: Online Banking Department.

Also, if your statement shows Web Transactions, ACH debit Bill Payment transfers, or checks that you did not make, tell us AT ONCE.

If you believe your Password has been lost or stolen, please use the Password change feature within the Online Banking section of the Web site to change your Password.


VII. Electronic Mail (E-mail)

If you properly send the Bank an e-mail message, the Bank will be deemed to have received it on the following business day. You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.

  • NOTE: E-mail transmissions outside of the Online Banking site are NOT secure. We advise you NOT to send us or ask for sensitive information such as account numbers, Password, account information, etc. via any general or public e-mail system. If you wish to contact us electronically, please use the Contact Us link provided in our Online Banking site.

VIII. Bill Payment Services

A. Description of Service. The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be a Personal Checking, Interest Checking, or Business Checking type account. You may designate multiple Bill Payment accounts. Through the Bill Payment Service, you can pay bills from your Bill Payment Account to businesses or individuals.

All payments you make will be deducted from the checking account that you designate as your Bill Payment Account for the Bill Payment Service. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the United States and to a limited number of United States military bases located abroad. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. YOU SHOULD NOT USE THE BILL PAYMENT SERVICE TO MAKE PAYMENTS TO SETTLE SECURITIES PURCHASES, PAYMENTS TO INTEREST BEARING ACCOUNTS, TAX PAYMENTS, OR COURT ORDERED PAYMENTS. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
B.

Scheduling Payments. Funds must be available in your Bill Payment account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday or legal holiday), funds must be available in your Bill Payment Account the following business day. Our Bill Payment service may make payments either by transferring funds electronically to the payee, or by mailing the payee a check.

You may choose to schedule Recurring payments or One-Time Payments. If a Recurring payment is chosen, the bill will be paid automatically each billing period. One-Time Payments are not made until you enter the amount of the current bill.

For all payments, you agree to allow at least seven (7) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges or other action(s) taken by the payee. If you schedule your payment and follow all instructions provided, but the payee does not receive the payment in a timely manner, Bank will work with the payee on your behalf to resolve any issues.

C. No Duty to Monitor Payments. The Bank and its processor are only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Bank will not be liable in any way for damages you incur for any of the following reasons:

    • insufficient funds in your Bill Payment Account to make the payment on the processing date;
    • delays in mail delivery;
    • changes to the payee's address or account number unless we have been advised of the change in advance;
    • the failure of any payee to correctly account for or credit the payment in a timely manner; and
    • any other circumstances beyond the control of the Bank and its processor.


If the session during which you schedule a payment ends by 11:00 a.m. on a business day, the Bank will be considered to have received it on that day. Otherwise, it will be considered received on the following business day. For all entries made using the Services, the time recorded by the Online Banking Service will be considered the official time of the transaction.

If your Bill Payment Account does not have sufficient funds to make an electronic payment as of the date the transfer or payment is attempted or, scheduled to be made, we will continue to make daily attempts to collect the funds until the payment is either cancelled or expires.  In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Service. In the case of recurring payments, only the payment currently scheduled will be canceled. Recurring payments scheduled for future dates will not be affected.

D. Cancel or Change Payments Instructions. Payments must be changed or canceled using the Service by you online prior to 11:00 a.m. on the business day that the transaction is scheduled to be initiated.
E. No Signature Required. When any payment or other online Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item, and without prior notice to you.


IX. Linked Accounts


Accounts should be linked on the online system by a common Tax Identification number as long as the applicant is an authorized signer on the account(s) requested to be linked.


X. Business Accounts

If you are a business customer, any authorized user of your business account is authorized, on such terms, conditions, and agreements as we may require, to:

  • enter into this Agreement, as amended from time to time;
  • access each of your business accounts in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and
  • use any Online Banking Service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.

Each business will be required to execute a separate Resolution to activate Online Banking.


XI. Term and Termination

  1. Term. This Agreement will become effective upon approval and shall remain in full force and effect until termination in accordance with the following provisions.
  2. Termination for Cause. We may immediately terminate your electronic banking privileges (including the Bill Payment Service) without notice to you under the following circumstances:
    1. you do not pay any fee required by this Agreement when due or
    2. you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing.

We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.

  1. Termination for Convenience. To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). 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 your statement cycle. You may notify the Bank by one of the following methods:
    • By sending an e-mail to olbk@ncbwash.com
    • By calling the Online Banking Department at (202) 546-8000; or
    • By writing a letter and either sending or giving it to the Online Banking Department at the following address: 316 Pennsylvania Avenue, SE, Washington, DC 20003.

We may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive12 month period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.


XII. Errors and Questions

In case of errors or questions regarding a Bill Payment or other Online Banking transactions, call National Capital Bank's Online Banking Department at (202) 546-8000, or write us at: 316 Pennsylvania Avenue, SE, Washington, DC 20003, Attn: Online Banking Department. You may also notify the Bank by e-mail using the Contact Us link provided in our Online Banking site. Notification by general e-mail to report an unauthorized transaction is NOT secure and therefore not advised.

      You must report an error or unauthorized Online Banking or Bill Payment transaction which appears on your periodic statement no later than 60 days after we sent the FIRST statement on which the problem or error appeared.    

    1. We must hear from you at the appropriate telephone number or address, listed above, no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. You will need to:
      • Provide your name and account number;
      • 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. If you can, please provide the date of the transaction; and.
      • Provide the dollar amount of the suspected error or unauthorized transaction.
    2. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

For most electronic transactions, we will determine whether an error occurred within 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 your complaint or question. If it is necessary to do this, we will credit your account within 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 the 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. (Note: If your complaint or alleged error involves an electronic fund transfer at a place outside the United States, then the 45 day investigation period will be extended to 90 days.)

We will tell you the results within 3 business days after completing an investigation. If it is found that there was no error, you will be sent a written explanation. You may ask for copies of the documents that were used in the investigation.


XIII. Liability

  1. Our Liability. This section explains our liability to you only to the extent that our liability has not been separately disclosed by any other agreements, notices or disclosures. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment Services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment Services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting from our gross negligence.

    If we do not 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 your losses or damages. However, there are some exceptions. We will not be liable to you for instance:
    1. If through no fault of the Bank, you do not have enough money in your account to make the transfer;
    2. If the transfer will exceed the remaining available balance of your overdraft line of credit;
    3. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that have been taken;
    4. If there is a hold on your account, or if access to your account is blocked in accordance with Bank policy;
    5. If the funds are subject to legal process or other judgments restricting such a transaction;
    6. If your transfer authorization terminates by operation of law;
    7. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately;
    8. If you have not properly followed the instructions on how to make a transfer included in this Agreement;
    9. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer; and
    10. 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.
    11. There may be other exceptions stated in our Agreement with you.

    IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
  2. Indemnification. You agree to indemnify, defend andhold us, our affiliate companies, directors, officers, employees, and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to your Online Banking or Bill Payment account.
  3. Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), or by an internet service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.
  4. Virus Protection. The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

XIV. General Terms and Conditions

  1. Bank Agreements. In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service or the Bill Payment Service is your acknowledgement that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement. We will automatically deduct the fees related to this Service from your lowest sequentially numbered Bill Payment Account each month.
  2. Changes and Modifications. The Bank may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via e-mail and you will be deemed to have received it three days after it is sent. It is your responsibility to notify us if you change your e-mail address. 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.
  3. Assignment. We may assign this Agreement to an affiliate of the Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.
  4. Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement, may be sent to you electronically.
  5. Disclosure of Information. We will disclose information to third parties about your account or the transfers you make:
    1. When it is necessary to complete the transfer, or
    2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
    3. In order to comply with government agency or court orders, or
    4. If you give us written permission to do so.
  6. Governing Law. This Agreement is governed by the rules and regulations of National Capital Bank, and all applicable federal and local laws and regulations. If any part of this Agreement is invalid or unenforceable, the rest will still apply. Our delay or failure in enforcing any right we have concerning your Service does not waive that right or prevent future action. You agree that the rules of the National Automated Clearinghouse (NACHA) take precedence over all other laws and regulations when a conflict exists among them, particularly with regard to provisional payments and notice of receipt. NACHA issues are governed by the laws of New York.
  7. Headings. Paragraph headings used in this Agreement are for convenience only and shall not be held to limit or affect the rules in this disclosure in any way.

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