Online Banking Terms and Conditions

Before you start, you must agree to the following terms and conditions by scrolling down to the bottom of this page:

INTRODUCTION 

Please read the following Agreement carefully. After you have read this Agreement, you may use Village Bank’s internet banking product, known as Village Bank Online Banking, by logging into Village Bank Online Banking and completing the login protocol. This Agreement is copyrighted by Village Bank and its reproduction or distribution is prohibited without the express consent of Village Bank. 

AGREEMENT 

This Agreement, which includes currently applicable fees and charges, is the contract which establishes the terms and conditions that apply when you use any of Village Bank’s internet banking products, "Village Bank Online Banking", which permits electronic access to your accounts at Village Bank (the "Bank"). By using Village Bank Online Banking or permitting any other person to use Village Bank Online Banking, you accept all the terms and conditions of this Agreement. 

The terms and conditions of this Agreement are in addition to any deposit agreements, deposit account rules and regulations, fee schedules and disclosures for each of your accounts as they may change from time to time, (collectively, the "Deposit Agreement") as well as your other agreements with the Bank, including, but not limited to, your signature card, any loan-related agreement or overdraft protection agreement, any changes of terms or notices, and any rules or regulations that govern the use of your accounts. 

This Agreement, together with any Deposit Agreement, and any other documentation relating to other features of Village Bank Online Banking, constitutes the entire Agreement between you and the Bank with respect to subject matter of this Agreement, and there are no unwritten understandings or agreements as to these matters. 

DEFINITIONS 

As used in this Agreement, the words "we", "our", "us" and "Bank" mean Village Bank and any affiliated entity or authorized agent. "You" and "your" refer to the account owner(s) authorized to use Village Bank Internet Banking under this Agreement and anyone else authorized by the account owner(s) to exercise control over the account owner(s) funds through Village Bank Internet Banking otherwise known as "Authorized User". 

"Account" or "accounts" means your account or accounts at the Bank eligible for Village Bank Internet Banking as determined by the Bank. "Electronic" means electrical, digital, magnetic, wireless, optical or electromagnetic technology, or any other technology that entails similar capabilities. 

"Electronic funds transfers" means any electronic banking transaction, including, but not limited to, ATM withdrawals, pre-authorized transactions, point-of-sale transactions, transfer to and from your accounts using Village Bank Internet Banking, including bill payments. 

"Payee" means any individual, bank, educational institution, company, merchant or other business entity you wish to pay using the Bill Payment Service. 

"System Services" means the services provided pursuant to the Agreement, including, but not limited to, the Bill Payment Service. 

"Business Days" means Monday through Friday, excluding bank holidays. 

ACCOUNT OWNERSHIP 

The provisions of this paragraph apply if any of your accounts with the Bank are joint accounts. When your Village Bank Online Banking service is linked to one or more joint accounts, the Bank may act on the verbal, written or electronic instructions of any authorized signer on the accounts regarding your service. Each joint account owner with account access to Village Bank Online Banking is jointly and severally bound by this Agreement. Each of you acting alone, under separate, assigned Village Bank Online Banking ID and Village Bank Online Banking PIN, may perform transactions, pay bills, obtain information, change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. The Bank is not required to obtain the consent of or notify either of you about the actions of other joint owners or any Authorized User. However, each of you will only be permitted to access accounts for which you are an owner or Authorized User. Each of you individually releases the Bank from liability and agrees not to make a claim or bring any action against us for honoring the instructions of another owner on your account or of any Authorized User authorized to use Village Bank Online Banking. Each of you agrees to indemnify and hold the Bank harmless from any and all liability (including, but not limited to, reasonable attorney's fees) arising from any such claims or actions. 

ACCESS 

To use Village Bank Online Banking; you must have at least one active account at the Bank, a computer, access to the Internet and an Email address. To access Village Bank Online Banking, you must use the Village Bank Online Banking ID or other means of access we establish, together with a Village Bank Online Banking PIN of your choosing, and any other security protocol we establish. Anyone to whom you give your Village Bank Online Banking ID and PIN will have full access to your accounts at the Bank even if you attempt to limit that person's authority. Thus you assume the risk of financial loss should you give someone else authorized access and should they exceed the scope of any authorized access. 

Changes to account information must be communicated to us by an account owner in writing. We undertake no obligation to monitor transactions through Village Bank Online Banking to determine that they are made on behalf of the account owners and authorized users. 

SYSTEM SERVICES 

You can use Village Bank Online Banking to check the balance of your accounts, view account transaction histories, transfer funds between your accounts, order checks, set up email and text alerts, and pay bills if approved by Village Bank from your accounts in the amounts and on the dates requested. Additional services and enhancements to existing services may be added by us from time to time without prior notice. Account balances may have been adjusted from the previous day's ending balance by the number of online memo transactions such as current or pending in-person teller, ATM, debit, POS or ACH transactions not yet officially posted to your account. Final account balances in your account shall be determined by the Bank according to the financial records system used by us (which may not be the account balance displayed via Village Bank Online Banking). 

HOURS OF ACCESS 

You can use Village Bank Online Banking seven (7) days a week, twenty-four (24) hours a day. 

Some or all services may not be available occasionally due to emergency or scheduled system maintenance or events beyond our control. We agree to post notice of any extended or unusual periods of non-availability on the Village Bank website. Our inability to post such a notice of non-availability does not override the Deposit Agreement governing your account(s). 

Additionally, we may modify, suspend, or terminate access to Village Bank Online Banking at any time and for any reason without notice or refund of fees you have paid, if any. 

LOG IN PASSWORD & SECURITY 

By using Village Bank Online Banking, you acknowledge and agree this Agreement sets forth security procedures for electronic banking transactions which are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures unless you have given us prior notice of possible unauthorized use as described below and we had a reasonable opportunity to act on such notice. 

Security is very important to Village Bank. When you log in to the service for the first time, you will enter your account number and initial password. Your password will be your telephone banking password, or, if you have not used our telephone banking service, your initial password will be the last four digits of your social security number (personal accounts) or taxpayer identification number (business accounts). You must be an owner or authorized signer on the account to be an authorized user. 

You will then be prompted to select a new "Access ID" and "Password" that you will thereafter use to gain access to your accounts. You should select a new Access ID and a new Password known only to you. Passwords are case sensitive (must be entered exactly as input with upper and/or lower case characters). Your password must contain both alpha and numeric characters, must contain at least two letters, must include at least one alpha case change, and must be a total of 6 to 16 characters. You determine what Password you will use and the identity of your Password is not communicated to us. You agree that we are authorized to act on instructions received under your Password. Because your Password is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a Password that is hard to guess. The most commonly used Passwords are family names, names of children, social security numbers, addresses, dates of birth and telephone numbers. These Passwords should be avoided. Keep your Password safe. Memorize your Password and never tell it to anyone unless you intend to allow that person access to your accounts. 

If you authorize another person to use your Access ID and Password, that person can use Village Bank Online Banking to view any information or initiate any transaction on any of the accounts to the same extent as you, including viewing information or initiating transactions on accounts to which that person does not otherwise have access. As such, your sharing of your Access ID and Password is strongly discouraged by Village Bank, and done at your sole risk and peril. 

Passwords can be changed at any time by the account owner through the Village Bank Online Banking system. You are required to change your Password every 90 days. This can be done at any time, after you logged in, from the "options" menu. 

You should always exit Village Bank Online Banking after you finish viewing your accounts. Never leave your computer unattended while accessing Village Bank Online Banking. If you choose to do so, a third party may be able to access your accounts from your terminal, without ever needing to use your Access ID and Password. 

To help prevent unauthorized access and ensure the security of your accounts, we will end your online session if we have detected no activity for five (5) minutes. This is to protect you in case you accidentally leave your computer unattended after you log on. When you return to your computer, you will need to re-launch your online banking session as the system will log you off. 

The Village Bank Online Banking system will allow a user to try to correctly enter their Access ID and Password for up to three (3) tries. If the entry is unsuccessful after the third try, you should contact the Village Customer Care Team at 804-419-8919. Passwords are encrypted so that we cannot see your actual Password. We will provide you with a temporary Password and the system will require you to change it to a new Password the next time you log into Village Bank Online Banking. 

The Bank is committed to the highest standards for your account security. We use the latest technologies to safeguard the privacy and security of your personal information. Federal regulations also encourage us to implement features to strengthen the security of Village Bank Online Banking. We call this Multifactor Authentication or "MFA". 

MFA has been established for Village Bank Online Banking and may be changed or discontinued at any time without notice. The first time you sign into Village Bank Online Banking, we will begin collecting a usage profile for you. This profile will include a log of your "normal" log in behaviors to help us match future log in activity against. Additionally, we will provide you with a selection of challenge questions. You will be prompted to select and answer challenge questions. Choose questions whose answers are easy for you to remember. You should not print, store, save or share your selected challenge questions and answers with anyone. 

Every time you log in to Village Bank Online Banking, we will check your usage profile against the terms of your current login. Should any terms fall outside of your recognized profile, you will be presented with your selected challenge questions. Once you successfully answer your challenge questions, you will be logged on to Village Bank Online Banking. The Bank may deny Village Bank Online Banking account access if you cannot complete the MFA protocol. 

If you have additional questions regarding MFA, please contact one of our branch offices or contact the Village Customer Care Team at 804-419-8919. 

YOU AGREE TO KEEP YOUR ACCESS ID AND PASSWORD CONFIDENTIAL. USE OF THE ACCESS ID AND PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH VILLAGE BANK ONLINE BANKING. VILLAGE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE. 

INTERNET BROWSER SECURITY INFORMATION 

Village Bank Online Banking is part of a network that utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. In-depth information on many of the techniques and features employed by the system can be viewed and are explained in our Village Bank Online Banking Security statement. In addition to our login security, we use the SSL (secure socket layer) encryption technology that supports 128-bit key encryption for everything you do in the Village Bank Online Banking system. It is important to verify that a secure connection between your browser and the Village Bank Online Banking server has been established before transmitting any confidential account information over the Internet. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small icon on the padlock at the bottom of the screen from open to lock. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet. 

FEES AND CHARGES 

The Village Bank Online Banking service is available to our personal and business account customers at no monthly charge for account information services, transfers between accounts, and unlimited bill payment. 

However, there may be fees charged by the Bank depending on the type of account you access for these services. You might incur charges for: 

POSTING OF TRANSFERS 

Electronic fund transfers initiated through Village Bank Online Banking until 5:00 PM (Eastern Time) on a Business Day are posted to your account the same day using the Express Transfer feature and provided funds are available. Electronic fund transfers completed after 5:00 PM (Eastern Time) on a Business Day, or anytime on a Saturday, Sunday or a Bank holiday will be posted on the next Business Day, provided funds are available. 

Recurring transfers can be initiated using the Scheduled Transfer feature. Scheduled transfers will post on the transfer date selected. If transfer date falls on a Saturday, Sunday or a Bank holiday, the transfer will be posted on the preceding Friday, provided funds are available. 

OVERDRAFTS (ORDER OF PAYMENTS, TRANSFER AND OTHER WITHDRAWALS) 

If your account has insufficient available funds to perform all electronic funds transfers you have requested for a given Business Day, then: 

  1. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have posting priority;
  2. Electronic funds transfers initiated through Village Bank Online Banking which would result in an overdraft of your account may, at our discretion, be canceled, unless you have an existing overdraft protection account or overdraft line of credit with the Bank with sufficient available credit which would result in an advance against such overdraft account or overdraft line of credit sufficient to pay the item(s) in question; and 
  3. In the event the electronic fund transfers initiated through Village Bank Online Banking result in an overdraft on your account are not canceled, overdraft charges may be assessed pursuant to the terms of the Deposit Agreement. 

LIMITATIONS ON AMOUNTS AND FREQUENCY OF TRANSACTIONS 

Your ability to transfer funds from certain accounts, such as Money Market accounts and Savings accounts, is limited by federal law and regulation and by the Deposit Agreement. You should refer to the Deposit Agreement for legal restrictions and service charges applicable to excessive withdrawals or transfers and any applicable penalties. Electronic Funds Transfers made using Village Bank Online Banking are counted against the permissible number of transfers for these type accounts as described in the Deposit Agreement. If a hold has been placed on deposits made to accounts from which you wish to transfer funds, the funds held are unavailable until the expiration of the hold. 

STOP PAYMENTS 

Stop payments can only be placed on paper checks; contact any Village Bank branch to place a stop payment on ACH transactions. Stop payment orders will be in effect for a period of six (6) months from the date of receipt by Bank. If requested by the Bank, you will confirm any stop payment order in writing. After six (6) months, any stop payment order will terminate and must be renewed by you in order to continue in effect. Bank may pay any item that is presented following the lapse of any stop payment order. If you desire to utilize the Service, for which it will pay fees established by Bank. You and the Bank further agree: 

INDEMNIFICATION; LIMITATION OF LIABILITY 

If a stop payment request is honored by Bank, you agree and hereby do indemnify and hold Bank harmless from any and all losses, claims, liabilities, costs, and expenses (including attorney’s fees) which may be asserted against or incurred by Bank in connection therewith. You further agree that the Bank will have no liability to you if any such request is not honored if the same occurs through Bank inadvertence, accident or oversight. 

PERIODIC STATEMENTS 

All Village Bank Online Banking originated transactions will appear on the periodic account statement(s) we provide or otherwise make available to you for your account(s). You will receive a periodic statement for each account's cycle in which an electronic funds transfer has occurred. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement or statement information. 

CHANGE IN TERMS 

We may change any term of this Agreement at any time. If the change would result in increased fees for any Village Bank Online Banking service, increased liability for you, fewer types of available electronic funds transfers or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least thirty (30) days before the effective date of any such change, unless immediate change is necessary to maintain the security of an account or our electronic funds transfer system or we are required to act in a shorter time period by our supervisory regulatory agencies. We may post any required notice of change in terms on the Bank's website or forward it to you by e-mail or postal mail. If the advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic funds transfer system, we will notify you of the change in terms within thirty (30) days after the change becomes effective. Your continued use of Village Bank Online Banking indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees at our sole discretion. You acknowledge and agree that the applicable deposit account agreements and disclosures govern changes to fees applicable to specific accounts. You also agree to accept notification on any and all changes to these accounts by e-mail. 

INQUIRIES ABOUT YOUR ELECTRONIC TRANSFERS, INCLUDING BILL PAYMENTS 

Contact the Bank as soon as you can if you think your periodic paper or electronic statement is wrong, or if you need more information about a transfer listed on either statement. You may contact us for this purpose by any of the methods stated in the section of this Agreement titled "Communications Between the Bank and You". We must hear from you no later than sixty (60) days after we sent you the FIRST paper statement or electronic statement upon which the problem or error appeared. When you contact us: 

  1. Tell us your name and account number.
  2. Describe the error or 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.
  3. Tell us the dollar amount of the suspected error.
  4. If the suspected error is related to a bill payment made via Village Bank Online Banking Bill Payment service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, Bill Payer ID number and the payee account number for the payment in question. 

If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in writing by postal mail or fax within ten (10) Business Days. 

The Bank will determine whether an error has 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 provisionally credit your account within ten (10) Business Days for the amount you think is in error, so 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 we do not receive it in writing within ten (10) Business Days of our request, we may not provisionally credit your account. 

The Bank will tell you the results of our investigation within three (3) Business Days after completing our investigation. If we find that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation. If we have made a provisional credit, a corresponding debit may be made from your account. 

If your notice of an error involves a point-of-sale (POS) or international transaction, we may take up to ninety (90) days to investigate your complaint or question. If your notice of an error involves a transaction that occurred during the first thirty (30) days after the first deposit to the account, the applicable time periods are twenty (20) Business Days and ninety (90) days respectively. 

OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER OR FOR MAKING AN ERRONEOUS TRANSFER 

If the Bank does not complete an electronic funds transfer to or from your account, including bill payment, on time or in the correct amount, according to our Agreement with you when you have properly instructed us, we will be liable to you as follows: 

  1. We will use our best efforts to return the improperly transferred funds to the Account, and
  2. We will direct to the proper payee any previously misdirected payment or transfers, and
  3. We will pay any late fees assessed due to our error or omission. 

You agree to assist us, as necessary, in our efforts to recover any misdirected funds and otherwise comply with your payment instructions. If we cause an incorrect amount of funds to be credited to your account, you agree that we may take any action appropriate to correct the error and prevent you from being unjustly enriched. 

The Bank will not be liable in the following circumstances and as otherwise provided in this Agreement and in any Deposit Agreement: 

  1. If, through no fault of ours, you do not have enough available money in your account to make a transfer;
  2. If a legal order or other legal process directs us to prohibit withdrawals from the account;
  3. If your account is closed, frozen or subject to a hold;
  4. If the transfer would cause your balance to go over the credit limit of an established overdraft protection account or overdraft line of credit or the credit limit for any other credit arrangement set up to cover overdrafts;
  5. If you or anyone authorized by you commits any fraud or violates any law or regulation;
  6. If any electronic terminal, telecommunication device or any part of Village Bank Online Banking electronic funds transfer system is not working properly and this problem should have been apparent to you, or we advised you of such malfunction, when you started the transfer;
  7. If you have not provided us with complete and correct payment information for Bill Payment service, including without limitation, the name, address, your payee-assigned account number, payment date and payment amount for the payee on a bill payment;
  8. If you have not properly followed the on-screen instructions for using Village Bank Online Banking;
  9. If circumstances beyond our direct control (including, but not limited to fire, flood, interruption of telephone or other communication services, etc.) prevent the transfer, despite reasonable precautions that we have taken;
  10. If you pay a bill too late to timely arrive at the payee's place of business;
  11. We made a timely payment but the payee (i.e. a merchant or other institution) did not timely credit your payment;
  12. If your transfer or payment authorization terminates by operation of law;
  13. If you become aware of facts which suggest that someone has accessed your accounts without your permission and you fail to notify the Bank immediately upon your discovery;
  14. If we have a reasonable basis for believing that unauthorized use of your Village Bank Online Banking ID and Password or any of your accounts has occurred or may be occurring;
  15. If your operating system or software was not properly installed or functioning properly;
  16. If you default under this Agreement, the Deposit Agreement, a credit agreement or any other agreement with us or if you or we terminate this Agreement.

The foregoing shall constitute our entire liability and your exclusive remedy. In no event shall we 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 use of Village Bank Online Banking. Further, in no event, shall the liability of the Bank and its affiliates exceed the amounts paid by you for the services provided to you through Village Bank Online Banking. 

DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY 

We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with Village Bank Online Banking services provided to you under this Agreement. We do not and cannot warrant that Village Bank Online Banking will operate without errors, or that any or all Village Bank Online Banking will be available and operational at all times, or that you will always have access to Village Bank Online Banking. We do not warrant that our services, the Internet or our suppliers will be available on a specified date or time or have the capacity to meet your demands during specific hours. Neither the Bank nor its suppliers will be liable for any damage that you may suffer arising out of the use of, or inability to use, the services or products provided under this Agreement. Neither the Bank nor its suppliers will be liable for unauthorized access to the Bank's transmissions facilities, premises, or equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of the Bank's or its suppliers' negligence. If the Bank supplies software, neither we, nor any software supplier nor information provider represents and warrants to you that the software, as defined below, we supply to you for Village Bank Online Banking is free from any defects, computer virus or other software-related problems. In the event of such defects or computer virus caused by the software, the Bank's sole responsibility shall be limited to the replacement or the reasonable cost of replacement of the software we provided in connection with the Village Bank Online Banking services. Further, we will not be liable for any indirect, special, consequential, economic or other damages. In states that do not allow the exclusion or limitation of liability for indirect, special, incidental or consequential damages, the Bank's liability is limited to the extent permitted by applicable law. 

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS 

Contact the Bank at once if you believe your Village Bank Online Banking Password has been lost, stolen or used without your authorization or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. You may contact us for this purpose by any of the methods stated below in the section of this Agreement titled "Communications Between the Bank and You". An immediate telephone call to us and discussion with a Bank representative is the best way to reduce any possible losses. We may ask you to provide us your complaint or question in writing by postal mail or fax within ten (10) Business Days. If you contact us within two (2) Business Days after you learn of the loss, theft, compromise or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. 

If you do not contact the Bank within two (2) Business Days after you learn of the loss, theft, compromise or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your periodic statement shows transfers that you did not make, contact the Bank at once. If you do not tell us within sixty (60) days after the FIRST statement showing such a transfer was mailed or provided to you, you may not get back any money you lost through transactions made after the sixty (60) day time period 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 hospital stay, kept you from contacting us, we may extend the time above periods in our sole discretion. 

You agree to assist the Bank in its efforts to recover any funds that were transferred or paid without your consent or otherwise unauthorized. 

CONFIDENTIALITY 

The importance of maintaining the confidentiality and privacy of the information provided by our customers is one of the Bank's highest priorities. We will disclose information to third parties about your account(s) or the transfer(s) you make only in the following situations: 

  1. Where it is necessary for completing a transfer;
  2. In order to verify the existence and condition of your account(s) to a third party, such as a credit bureau;
  3. In order to comply with any government agency or court orders or officials having the legal authority to request such information;
  4. As required by applicable law or regulation;
  5. If you give us your written permission. 

For further information, please read our online Privacy Statement. 

THIRD PARTY NETWORK DISCLAIMER 

You may not resell or redistribute any services you receive through Village Bank Online Banking, or our other services, or from our suppliers. You acknowledge and agree that neither the Bank nor its suppliers are responsible for the content of your transmissions, which may pass through any Internet Service Provider or over the Internet. You agree to take reasonable steps to ensure you will not use the services provided to you or the Internet for illegal or disruptive purposes. 

THIRD PARTY SOFTWARE VIRUS PROTECTION 

The Bank makes no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with Village Bank Online Banking, (for example, Quicken or Microsoft Money). The Bank is not responsible for any electronic virus that you may encounter. The Bank highly recommends the use of manufacturer-recommended virus detection software for your computer and that you regularly update such virus detection software. 

HARDWARE AND SOFTWARE REQUIREMENTS 

To be able to use the Village Bank Online Banking service, you must provide your own personal computer (a "PC") with a modem and related equipment (the "Hardware"). You must also provide the type of telephone or cable service and Internet access service required by the Hardware and/or the web browser software (the "Browser Software"). Once the Hardware has been properly connected to the telephone or cable service, and any required Internet access has been established, you will be able to access Village Bank Online Banking through the PC banking service provider (the "Service Provider") that will act as an interface between you and Village Bank. You are and will remain solely responsible for the purchase, hookup, installation, loading and maintenance of the Hardware, the Browser Software, the telephone or cable service, and the Internet access service to your PC, and all related costs. You are responsible for any local or long-distance telephone charges or Internet Service Provider charges that you incur by accessing your accounts via Village Bank Online Banking. You are solely responsible for scanning the Hardware and the Browser Software for computer viruses and other related problems before you use them. 

NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, HARDWARE EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OF FITNESS FOR PARTICULAR PURPOSE (OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS), UNLESS DISCLAIMING SUCH LIABILITY IS PROHIBITED BY LAW. 

YOUR RIGHT TO TERMINATE THIS AGREEMENT 

You may cancel your participation in either Village Bank Online Banking or Village Bank Online Banking Bill Payment service at any time by providing us signed written notice by postal mail or fax. You must maintain Village Bank Online Banking in order to utilize the Village Bank Online Banking Bill Payment service; however, you may cancel the Village Bank Online Banking Bill Payment service at any time. Your access to Village Bank Online Banking will be suspended within three (3) Business Days of the Bank's receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees, charges and pending transactions incurred but not yet charged to your account(s) prior to the date of cancellation. Upon termination of Village Bank Online Banking services, you will have to enroll in Village Bank Online Banking if you wish service to be reinstated. 

THE BANK'S RIGHT TO TERMINATE THIS AGREEMENT 

You agree that the Bank can terminate or limit your access to Village Bank Online Banking, for any of the following reasons: 

  1. Without prior notice, if you have insufficient funds in any one of your Bank accounts. Village Bank Online Banking may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, debits, etc;
  2. Upon three (3) Business Days’ notice, if you do not contact us to designate a new Primary Checking Account immediately after you close an existing Primary Checking Account;
  3. If you do not log in to Village Bank Online Banking or have any transaction scheduled through Village Bank Online Banking during any consecutive ninety (90) day period. If you wish to reinstate Village Bank Online Banking and have not given us notice to terminate, you must contact the Bank;
  4. You violate any term or condition of this Agreement;
  5. You violate any provision of law wherein your use of Village Bank Online Banking advances the commission of a crime;
  6. Upon reasonable notice, for any other reason in our sole discretion. 

ELECTRONIC MAIL 

If you send the Bank an electronic mail message (e-mail), the Bank will be deemed to have received it upon its actual receipt or no later than the following Business Day as determined in the sole discretion of the Bank. The Bank will have a reasonable time to act on your e-mail. You should NOT rely on e-mail if you need to communicate with the Bank immediately (for example, to report the loss, theft or unauthorized use of your password or an unauthorized transaction from your Bank account). 

COMMUNICATION BETWEEN THE BANK AND YOU 

Unless this Agreement provides otherwise, you can communicate with the Bank in any one of the following ways during normal business hours: 

CONSENT TO ELECTRONIC DELIVERY OF NOTICES 

You agree that any notice or other types of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic funds transfers' disclosures, may be made electronically by posting the notice on the Bank's website or by e-mail. Any such e-mail will be considered received by you within three (3) calendar days of the date sent by the Bank, regardless of whether or not you open your e-mail messages within that time frame. You agree to notify us in writing immediately of any change in your e-mail address. 

OWNERSHIP OF WEBSITE 

The content, information, and offers on the Bank's website are copyrighted by Village Bank and the unauthorized use, reproduction, linking or distribution of any portions is strictly prohibited. 

MISCELLANEOUS 

This Agreement is governed by the laws of the Commonwealth of Virginia and applicable federal laws and regulations. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience of reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any term, condition, default or breach of the Agreement must be in writing and shall not constitute a waiver of any other or future term, condition, default or breach. You may not assign this Agreement. We may assign this Agreement to any present or future affiliated company, and we may assign or delegate any of our rights and responsibilities under this Agreement to independent contractors or other third parties. This Agreement is binding upon you, your heirs and the Bank's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would constitute beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. 

BILL PAYMENT SERVICE 

There is a separate terms and conditions agreement to be read and accepted between you and CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc., upon enrollment for Bill Pay. There may be fees charged by the Bank such as Non-Sufficient/Overdrafts on Bill Payment items. For a list of service charge fees, please refer to the Bank’s Schedule of Fees chart. 

VILLAGE BANK MOBILE BANKING 

Village Bank Mobile Banking is a personal financial service that allows you to access your account information, transfer funds, and pay bills. You must have a compatible wireless web-enabled cell phone or wireless device (Smart Phone). You are required to use a personal computer during the initial enrollment process using your online access and log-in via our website at www.villagebank.com. 

Village Bank reserves the right to modify the scope of our services at any time and to upgrade or change functions within Village Bank Mobile Banking. We may also add functions to this service from time to time to further enhance this service. When your enrollment is accepted for this service, you will be able to use your wireless device to access designated accounts, transfer funds, payees and other information linked to your internet banking service. 

USE OF SERVICE 

To use Village Bank Mobile Banking requires your online banking "access ID" and "password" to access the system. You agree to use this service in accordance with the full terms and conditions outlined in other sections of this Village Bank online terms and conditions agreement. It is your responsibility to know how to use your wireless device. Village Bank will not be responsible for any losses caused directly or indirectly by your failure to properly use the service or your wireless device. 

MOBILE BANKING FEES 

Village Bank does not charge a fee for our Village Bank Mobile Banking service. Be aware that your wireless carrier may charge additional fees for data or text messaging transmissions or for connecting and using their service. Please check with your phone provider to access your service plan. 

UNAUTHORIZED ACCESS 

If an unauthorized person uses your "access ID" and "password" and gains access to the online banking service through your wireless device, we will complete all transactions as instructed. This is why it is important for you to notify Village Bank if any access codes have been compromised. Until you notify us, all transactions will be completed as having been authorized by you. 

If you believe your "access ID", password, or PIN has been lost or stolen or that someone may have attempted to use the service without your consent, or has transferred money without your permission, you must notify Village Bank immediately by contacting any of our branches or contacting Village Bank Customer Care at 804-419-8919 or writing us at P.O. Box 330, Midlothian, Virginia 23113. 

SERVICE LIMITATIONS 

Please understand that mobile services can be delayed, interrupted, or disrupted for periods of time due to circumstances beyond our control. This could be caused by interruption, equipment malfunctions or delay in transmissions carrier. We do not assume responsibility for any resulting loss that you or others may suffer as a result. Nor do we assume responsibility for the operation, security, functionality, or availability of any wireless device or network which you use to access this service. 

WIRELESS DEVICE AND CARRIER 

You are responsible for the selection of your cell phone and other wireless devices such as a smartphone. You must resolve any issue with your wireless carrier for all operational, performance, and cost issues relating to your device. There are acceptable devices that are compatible with our mobile banking service. Village Bank is not endorsing any phone or carrier. 

VILLAGE MOBILE CHECK CAPTURE 

Village Mobile Check Capture uses an acceptable smartphone camera to capture a picture of the front and back of a check and submit the electronic image to make a deposit to your approved Village Bank account. This service requires the use of the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and requirements from time to time. Village Bank is not responsible for providing, maintaining, or servicing your Mobile Device or any other equipment for you. 

Check images will be validated for authenticity and accuracy prior to being submitted to Village Bank for final review. Checks that do not meet the real-time validation criteria will not be accepted for electronic deposit. Real-time validation requires all checks to have a valid United States routing number, be an original document, pass the image quality assessment test, contain an endorsement, and the declared amount must match the courtesy amount and/or legal amount. 

Upon failing one or more of the real-time validation criteria, you will be prompted to fix the noted exception. If the exception cannot be resolved the check must be physically deposited. 

Village Bank in its sole discretion may refuse to accept or reject any item presented through Village Mobile Check Capture. Reasons for rejecting an item include but are not limited to checks payable to multiple persons or anyone other than you, contain obvious alterations, have already been presented at another financial institution, not an original document, drawn on a financial institution outside of the United States, not payable in US currency, dated more than six months prior to the deposit date, or are duplicated items. You shall be liable to Village Bank for any errors, inaccuracies, breach warranties and other loss sustained by or claim made against Village Bank relating to rejected deposits. 

Village Bank is not liable for any service or late fees that may be imposed against you due to the rejection of any check that you transmit for deposit through this service. You are responsible for any loss or overdraft plus applicable fees to your account due to a check being returned. You agree that while we strive to provide notice of rejected deposits, we may reject any check transmitted through Village Mobile Check Capture at our sole discretion without notice to you and will not be liable for failure to notify you of such rejection. If an item is rejected, it must be physically deposited. You are solely responsible for verifying that checks you deposit using this service have been received and accepted by Village Bank. 

You agree to endorse all checks “For Deposit Only” followed by your signature. 

Funds for all accepted checks will be available in accordance with the Bank’s Funds Availability Policy received by you at account opening. 

Checks accepted for deposit by 4:00 pm (EST) will be considered the current business day. Checks received for deposit after 4:00 pm (EST) will be considered the next business day. For the purpose of determining when a deposit is received, the Bank’s records will be determinative. 

Deposit limits will be determined at enrollment in the service, but may be changed at the sole discretion of Village Bank at any time without prior notice. 

After verifying the receipt and posting of the deposit to your account, you agree to securely store and retain the original check(s) for a minimum of 30 calendar days and a maximum of 90 calendar days from the date the deposit is credited to your account and agree to provide the check to the bank if requested. After 30 days and prior to 90 days you agree to shred the deposited item. 

You agree to notify Village Bank of any suspected errors regarding items deposited through the service immediately and in no later than 30 days after we provide your account statement on which the error occurs. 

Village Bank reserves the right to deny or terminate access to Village Mobile Check Capture without prior notification with or without cause and will not have any liability for losses or damages you may suffer or incur as a result of such action. 

CANCELLATION OF MOBILE BANKING SERVICE 

You may cancel your participation in our Village Bank Mobile Banking at any time by contacting any of our branches or by contacting Village Bank Customer Care at 804-419-8919. We reserve the right to cancel this service at any time without notice and with or without cause. We may also suspend your access to the service at any time without notice for any reason, including but not limited to, your failure to use this service for a period of 90 days or your failure to maintain your checking account in good standing. Should we terminate your enrollment in this service; any scheduled transfers or bill payments will not be processed. 

POPMONEY SERVICE 

Village Bank's PopMoney (formerly ZashPay) is a personal service to all our Online Banking Bill Pay customers. After you have accessed your Village Bank online banking, go into Village Bank Bill Pay and click on the tab “PopMoney". This service enables you to send and receive money to those you know, or owe, in as little as one business day. This service is secure using SSL (Secure Socket Layer); 128-bit encryption, and provides automatic sign out. All you need in order to send money from your account is the recipient's email address or mobile phone number. For additional information on Village Bank PopMoney, please go to our website at www.villagebank.com and click on Personal Banking Online Banking. 

Village Bank reserves the right to modify this service from time to time and update or change features surrounding this product. We may add functions to this service. There is no enrollment process. You must have a bank checking account and bill payment to utilize PopMoney. 

ACCESS / USE OF POPMONEY SERVICE 

Village Bank PopMoney works with many different browsers. We recommend using the following browsers: Microsoft Internet Explorer 8 (IE8); Firefox 3.6; Apple Safari 5; and Chrome 6. We also recommend that you enable JavaScript for certain PopMoney features to function properly. You are issued an “access ID" and "password" to access Village Bank online personal banking. The access into our online personal banking and the Bill Pay screen enables you to complete a PopMoney transaction. You agree to use the service in accordance with all the terms and conditions outlined in other sections of this agreement. It is your responsibility to know how to use PopMoney. Village Bank will not be responsible for any losses caused directly or indirectly by your failure to properly use this service. 

POPMONEY FEES 

Village Bank does not charge a fee for this service; however, there will be a billable fee for each person-to-person transaction that you initiate from our third-party provider. Should this service be used from your mobile phone or Smart Phone, your mobile carrier may charge a fee for this service. Please check with your phone provider to access your service plan. 

UNAUTHORIZED ACCESS 

If an unauthorized person uses your "access ID" or "password" and gains access to the online banking service through your wireless device, we will complete all transactions as instructed. This is why it is important for you to notify Village Bank if any access codes have been compromised. Until you notify us, all transactions will be completed as having been authorized by you. 

If you believe your "access ID", password, or PIN has been lost or stolen or that someone may have attempted to use the service without your consent, or has transferred money without your permission, you must notify Village Bank immediately by contacting any of our branches or contact Village Bank Customer Care at 804-419-8919 or writing us at P.O. Box 330, Midlothian, Virginia 23113. 

USE OF THIRD PARTY VENDOR 

PopMoney is a third party provider for Village Bank online personal banking customers. There is a separate terms and conditions agreement to be read and accepted between you and CheckFree Services Corporation, a subsidiary of Fiserv, Inc. This corporation is an unaffiliated business partner of Village Bank. You should read and accept these terms prior to initiating any person to person payments. 

ACCOUNT-TO-ACCOUNT (A2A) TRANSFER SERVICE 

Village Bank's Account-to-Account (A2A) transfer service is available to consumer customers by means of online banking. After you have accessed your Village Bank online banking, go into Village Bank Bill Pay and click on the tab "Transfer Money". This service enables you to transfer funds internally and to accounts held at other financial institutions. You must have a bank Checking, Money Market, or Savings account and bill payment to utilize A2A. 

Village Bank reserves the right to modify this service from time to time and update or change features surrounding this product. We may add functions to this service. 

You agree to use the service in accordance with all the terms and conditions outlined in other sections of this agreement. There is a separate terms and conditions agreement to be read and accepted between you and Check Free Pay Corporation. This corporation is an unaffiliated business partner of Village Bank. You should read and accept these terms prior to initiating any person to person payments. 

ACCOUNT-TO-ACCOUNT (A2A) TRANSFER SERVICE FEES 

Village Bank does not charge a fee for this service; however there may be a billable fee for certain transfers that you initiate from our third-party provider.