Disclosure

EVB Online Banking Disclosure Statement


This Agreement and Disclosure Statement (this "Agreement") sets forth the terms and conditions of EVB's Online Banking and Internet Bill Payment Service (individually and collectively called "the Service"). Please read this Agreement carefully.


Your use of the Service, through http://www.bankevb.com/, is governed by this Agreement, your application for the service, any instructions we provide you on using the Service, and any other agreements applicable to the deposit or loan accounts you access through the Service, including: our Deposit Account Agreement Disclosure, our Products Services and Fees Disclosure, and any other applicable loan agreement, as they all may be amended from time to time. Each time you, or anyone you authorize, access the Service you acknowledge that you have received this Agreement, understand it, and agree to be bound by it.


Definitions

The following definitions apply in this Agreement.


  • "Online Banking" is EVB's Online Banking, which provides you access via the internet to your designated EVB Accounts.
  • "Bill Payment" is the Internet based service accessed within EVB's Online Banking, provided by CheckFree, that provides payments to third parties from your designated EVB Accounts.
  • "Online Banking Service" means your EVB Online Banking account access, which you have applied and received acceptance and use to access your EVB accounts via the Internet.
  • "Bill Payment" means your EVB Internet Bill Payment Service, which you have applied and received acceptance and use to direct third party payments via the Internet.
  • "Password" is the series of numbers, letters and symbols that you select to gain access each time you use the Service. EVB does not know nor have access to your password.
  • "Bank", "we", "our" and "us" refer to EVB, the depository institution that holds one or more of the accounts you access with the Service.
  • "You", "your(s)" and "user" refer to each person who applies to use the Service, and each person that uses the Service with permission of the applicant.
  • "Business Day" means Monday through Friday, except bank holidays.

Requirements

Online Banking is a free and secure service that gives you 24-hour access to your EVB Accounts. EVB will provide Online Banking to applicants who meet the following requirements:


  • Applicant must be an individual one of the following account types: Personal Individual Account, Personal Joint Account, or Sole Proprietor Small Business Account.
  • Applicant must have an e-mail address for which EVB Online Banking Support will use for contact.
  • Computer: We recommend at least a 486 processor (Pentium preferred) or a Macintosh computer. A faster processor will give a better Online Banking experience.
  • Modem: A connection to the Internet that provides throughput of 28.8 KBPS (or higher) is sufficient
  • Internet Service Provider (i.e., R&B Internet, AOL, CompuServe).
  • Browser: To ensure full functionality with Online Banking and Bill Pay they will need: Internet Explorer version 7 or later, Firefox 3.5 or later, Safari 3.2 or later or Chrome 3.0 or later. on the browser used.
  • User agrees to access the service at least once every 90 days. Inactive Online Banking User IDs will be deleted at 90 days and the user must re-register for the service in order to access their accounts.

Security and Protecting Your Account

When you or any authorized user access the Service using your User ID and password, you authorize EVB to follow the instructions we receive concerning your accounts and to credit and charge your accounts according to those instructions. Since your password protects access to your accounts, you agree that you will not share your password or make it available to any unauthorized individual. If you do share your password or make it available to another individual, you authorize that individual to access your accounts and give us instructions relating to your accounts as an authorized user. You also authorize us to comply with those instructions even if that individual exceeds your authorization. If you share your password with another individual the only way that you can restore the security of your account is to change your password. Individuals on accounts are strongly encouraged to register for their own Online Banking Services with their social security number instead of sharing access. EVB Online Banking Support will not assist a user other than the person with the registered social security number.


You should never provide sensitive information such as passwords or financial information unless you are confident that the requester of the information is legitimate. Use caution when clicking on links provided in an email and ensure that the site is legitimate before entering passwords or confidential information. To protect your information, it is strongly encouraged that you use anti-virus software and apply all necessary patches and updates to your operating system, browser programs and anti-virus definitions.


EVB does not know or have access to your password and will never request this information via phone or email. EVB will also never request sensitive account information via phone or email. If you are unsure about the validity of a request or communication, please call EVB Online Banking Support at 804-443-8454 or 1-888-758-5646.


If Your Password Has Been Lost, Stolen or Compromised

If your Password has been compromised, please call EVB Online Banking Support immediately at 804-443-8454 or 888-758-5646. Telephoning is the best way of keeping your possible losses down. It is very possible that you could lose all the money in your account. If you believe your Password has been lost, stolen or compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your Password without your permission (as defined by federal law). If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. Losses could include not only money in your account, but also advances on any line of credit associated with your account. Liabilities may differ in regard to VISA/MasterCard products. Refer to your EFT Disclosure.


Inactivity/Termination

EVB can terminate Online Banking Services and/or Bill Payment Services without notice to you if: you do not pay required fees when due; you do not comply with the terms and conditions set forth in this Agreement or any other agreement governing the terms and conditions of any other EVB account accessed by Online Banking; any account is not maintained in good standing; or we have any reason to believe the Service has been subject to improper or unauthorized use.


Furthermore, Online Banking Services which have been inactive for 90 days will automatically be deleted. If your Online Banking Service is deleted due to inactivity, you must re-enroll in the service to access your accounts online.


To cancel the Service you must send a written notice to the EVB Online Banking Department using the following address: EVB, Attn: Online Banking, P.O. Box 1455, Tappahannock, VA 22560.


Electronic Funds Transfer Error Resolution Notice

In case of errors or questions about your electronic transfers, telephone us at 888-464-2265 or 804-443-4333, or write us at EVB, 307 Church Lane Post Office Box 1005, Tappahannock, VA 22560 as soon as possible. We will be happy to assist you if you think your statement or receipt is wrong or if you need information about a transfer listed on the statement or receipt. We must hear from you no later than sixty-days (60) after the date that appears on the FIRST statement on which the error or problem appeared. When making contact with us, you will be asked the following information.


1. Tell us your name and account number.

2. 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.

3. Tell us the dollar amount of the suspected error.


If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.


In most cases, we will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. There will be some cases that require more time to perform an in depth investigation. In those instances, we may take up to forty-five (45) days to investigate your complaint or question. If an extended investigation period is required, we will credit your account within ten (10) business days for the amount you think is in error. This will allow you use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.


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. If a notice of error involves an electronic funds transfer that occurred within thirty-days (30) after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days instead of (10) business days. If a notice of error involves an electronic funds transfer that was initiated in a foreign country, occurred within thirty (30) days after the first deposit to the account was made, or is a point of sale debit card transaction, the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days. If a notice of error involves unauthorized use of your point of sale debit card with the Visa logo when it is used as a Visa point of sale debit card, we will provide provisional credit within five (5) business days after you notify us instead of within ten (10) or twenty (20) business days. We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay.


Business days: For purposes of these electronic funds transfer disclosures; our business days are Monday through Friday. Bank Holidays are not included.


Account History

The Service permits you to view and print detailed account information with account balances updated daily. The "Account History" screen shows balance information, as well as transaction detail. EVB maintains 18 months of history beginning the day your Online Banking Service was activated.


Account Transfers

The Service permits you to transfer funds between authorized deposit accounts. Transfers conducted at the following times on a business day will be processed accordingly:


  • Before 6:00 p.m. EST: same business-day evening
  • After 6:00 p.m. EST: next business day

This is provided that there are no holds on your accounts and the funds are available for transfer. Transfers will be viewable, on the Service, the business day following the process of the transaction. A transaction results page will be shown after you process the transfer. This page will show the post date as well as a reference number for your transfer. We recommend that you print this page for your records.


Our Liability for Failure to Make Transfers:

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 if any of the following instances occur:


  • If, through no fault of ours, you do not have enough money in your account to make the transfer.
  • If the money in your account is subject to legal process or other claim restricting such transfer.
  • If the terminal or system is not working properly and you knew about the breakdown when you started the transfer.
  • If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
  • There may be other exceptions stated in our agreement with you.

Online Stop Payment Services

Any customer wishing to place a stop payment on a personal check may do so by accessing their personal online banking service. Any stop payment request received electronically via the Online Banking System shall be deemed an authorized "written request" for purposes of the Stop Payment Request form. A fee of $25.00 will be charged for each stop payment request submitted.


Your request will cease to be effective six months from the date submitted.


A stop payment will not be processed if we have already paid, certified, or accepted the item. EVB will not be liable if inaccurate or incomplete information is submitted or for payment of the check contrary to this request unless payment is caused by EVB's negligence and causes actual loss to you. EVB's liability shall not, in any event, exceed the amount of the check. You must reimburse EVB for any loss it sustains in honoring this request.


Bill Payment


Bill Payment is the Bill Pay function accessed within the Online Banking Service. This feature instructs EVB to direct payments from your designated EVB checking account to third parties. Our Bill Payment Service provider, CheckFree, processes these payments.


EVB will not be liable for damages you incur if you do not have sufficient funds in your designated checking account from which bill payments are deducted, for delays in postal delivery, for changes to the payee's address or account number, or for any other circumstances beyond the control of EVB or CheckFree.


Funds must be available in your designated EVB checking account at the time your payments are processed. If your account does not have sufficient funds at the time your payments are processed, you will be charged a $35 return item fee. EVB reserves the right to close any Bill Payment Account due to excessive NSF's.


If you schedule your payment but the payee does not receive the payment in a timely manner, you need to research a past payment or require any other type of assistance with the Bill Pay Service, please call CheckFree Customer Support at (877) 238-7277, available all seven days a week from 8:00am to 1:00am EST.


Additional disclosures and requirements apply and are communicated with enrollment in the Bill Payment service.


Email

If you contact EVB through regular email, it is not a secure environment. E-mail should not be used to communicate personal private information. Any assistance needed that requires you to disclose secure information, please call EVB Online Banking Support directly at 804-443-8454 or 888-758-5646.


EVB will use the email address that you supplied at enrollment to inform you of general marketing information, i.e.: general information about the Service, new products and services, promotions etc., and general account information. EVB will not use it to communicate personal private information.


Hours of Operation

The Online Banking Service is generally available 24 hours a day, seven days a week, except during maintenance periods.


Revisions

EVB may modify or revise this Agreement and/or the terms and conditions of the Service from time to time. EVB will use the Online Banking logon screen or email communications to inform you of any changes or revisions.


Systems and Software

We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems or systems and software utilized by you to initiate or process banking transactions whether such transactions are initiated or processed directly with our systems or through a third party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process banking transactions and the ability of such systems and software to do so accurately.


Authorization

By applying for this service, you authorize EVB to investigate your credit history and obtain a credit report.



Amendment to EVB's Online Banking Agreement and Disclosures to provide services for Mobile Banking Services



Thank you for using the Mobile Banking Services ("Services") and any related Software ("Software") provided by EVB ("Financial Institution") combined with your handheld's text messaging capabilities.


Important Customer Information


By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic Banking and Billpay services of which the Service is a part. EVB in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply.


a. Program: Financial Institution offers their customers mobile access to your account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user's Money relationship with Financial Institution as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time.


b. Questions: You can contact us at "www.bankevb.com" or 888-758-5646 or (804) 443-8454, or send a text message with the word "HELP" to this number: 99588. We can answer any questions you have about the program.


c. To Stop the Program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says, "STOP" to this number: 99588. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.


d. The Services and/or Software may not be available at anytime for any reason outside of the reasonable control of Financial Institution or any service provider


Privacy and User Information.


You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively "User Information"). The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.


Restrictions on Use.


You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Financial Institution (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Financial Institution or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Financial Institution, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party's account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.


This Mobile Banking Services Agreement ("Mobile Agreement"), governs our provision and your use of EVB's Mobile Banking Services, as defined below. This Mobile Agreement amends and modifies, and incorporates the terms and conditions of EVB's Deposit Account Agreement and Disclosures and EVB's Online Banking Agreement.


Definitions


Customer . The terms "you" and "your" refer to the Personal Account Customer entering into this Agreement for Mobile Banking Services with EVB. EVB may be referred to in this Agreement as "we" or "us". Unless we have agreed otherwise in writing, the Mobile Banking Services are intended solely for use by Personal Customers and not by Business Customers.


Mobile Banking means any service or services that we provide, and that you subscribe to, enabling you to make banking or other financial transactions with EVB through your Mobile Device.


Mobile Device means a cellular telephone or similar wireless communication device onto which you have downloaded the application provided by us ("Mobile Banking Software") for the purpose of permitting Mobile Banking. A "Mobile Device" may also include a cellular telephone or similar wireless communication device that is capable of conducting banking transactions at our Mobile Banking site through text (SMS) messaging, Wireless Application Protocol (WAP), or other protocols that we select or approve.


Online Banking Agreement means the Internet Banking Services Agreement that you accepted when enrolling in EVB Banking, as that agreement is amended by EVB from time to time. This Agreement is a part of the Online Banking Agreement and certain terms used in this Mobile Agreement may be further defined, limited or explained in your Online Banking Agreement.


Consent To Receive Disclosures and Notices Electronically


Before using Mobile Money, you must


1. consent to receive notices and disclosures electronically, and


2. read and accept this Agreement.


You must evidence that consent and acceptance by selecting the box declaring your acceptance at the time you enroll to receive your Mobile Money activation code. In addition, you are deemed to automatically renew that consent and acceptance each time you log in as a user of EVB's Mobile Money and use Mobile Money to conduct any transaction. This Mobile Agreement and any amendments provided to you will be available to you at all times on the EVB's website.


By accepting this Agreement, you consent to receiving notices and disclosures concerning Mobile Money, Online Banking, and your enrolled Accounts through electronic communication such as email, secure mail through Online Banking or by text message.


1. Email Address: As a customer of EVB's Online Banking Service, you have entered your electronic address for such disclosures and notices when first subscribing to Online Banking. Your Mobile Money communications will be sent to this address and you are solely responsible for immediately updating your electronic address if it changes. You must update your electronic address by logging into EVB's Online Banking website, accessing the electronic page for managing your Online Banking Account Profile, and entering your new electronic address. All disclosures and notices by us shall be deemed given and received by you immediately upon being sent to the electronic address you have most recently updated. Many disclosures and notices may also appear in your account statement. Unless specifically required by law, we are not obligated to provide any disclosure or notice to you by regular mail or by any means other than electronic transmission. If you withdraw our right to provide you with electronic communications as described in this section, we may terminate your Online Banking and Mobile Money Services.


2. Retaining Copies: In order to keep notices and disclosures sent to you electronically, you must have the ability to save them to your mobile device or computer, or to print them. You may also request a paper copy of an electronic notice or disclosure at no additional charge by calling our Customer Service Center at 1-888-758-5646 or (804) 443-8454.


Account Eligibility and Enrollment


Consumer customers who have enrolled in Online Banking are eligible to enroll in Mobile Money. To access Mobile Money, you will use the same credentials (Login ID and Password) that are in place for your Online Banking Service.


Equipment Requirements


Your phone or other mobile communication device must be Internet enabled, able to receive SMS text messages and connected to the Internet through your mobile communication service provider. Your mobile service provider may charge additional fees for time of usage or other services as a result of your Mobile Services access. EVB does not guarantee that your mobile phone or mobile service plan will be compatible with our Mobile Money Service. EVB is not responsible for the operation of your mobile phone, mobile phone service or for fees charged by third parties for the Mobile Service. The list of compatible mobile devices is updated from time to time.


Enrollment


If you are an EVB Consumer Online Banking Customer, you may enroll in Mobile Services by logging into your Online Banking account, click on "Options", then select "Mobile Banking" and click on "Enroll Now." EVB will confirm your enrollment by text message on your mobile device. After receiving confirmation, you will be able to log on to the Mobile Money Service by SMS, WAP, or the software on your Mobile Device.


YOU ARE RESPONSIBLE FOR KEEPING YOUR ACCESS INFORMATION INCLUDING YOUR PASSWORD AND PIN PRIVATE. ANYONE WHO HAS ACCESS TO YOUR ACCOUNT LOGIN, PIN AND ACCESS TO YOUR EMAIL, WILL HAVE ACCESS TO YOUR BANK ACCOUNTS. YOU ARE LIABLE FOR ALL TRANSACTIONS THAT YOU OR ANYONE TO WHOM YOU GIVE ACCESS MAY PERFORM.IF YOU THINK THAT YOUR MOBILE MONEY SERVICES HAVE BEEN COMPROMISED OR YOUR SECURE ACCESS INFORMATION LOST OR STOLEN, NOTIFY US AT 1-888-758-5646 or (804) 443-8454.


Mobile Money Services


With Mobile Money Services, you can instantly access your Checking, Savings and Loan accounts and


1. Check your balances


2. Review current business day transactions


3. Review transaction history since your last statement


4. Transfer funds between your savings and checking accounts.


5. Supported devices may allow you to pay bills from your device.


Changes of Service/Service Area. Mobile Money Services may be added, reduced, or modified by EVB from time to time without prior notice. We may also modify, reduce, or expand the geographic areas in which we offer Mobile Money or any of its functions or services. Not all functions that are described in your Online Banking Agreement or available at the Online Banking website may be available with Mobile Money. All terms and conditions in your Online Banking Agreement and on the Online Banking website that limit or govern your use of Online Banking functions will also limit and govern your use of those functions through Mobile Money.


Transaction Limitations. Transactions conducted via Mobile Money will be subject to all withdrawal and transfer limitations and excessive transactions charges described in EVB's Deposit Agreement and Disclosure. EVB reserves the right to refuse to make any transaction you request through Mobile Money.


Accessibility


In general, Mobile Money Services will be available 24 hours a day, 7 days a week. We will endeavor to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time we deem necessary. We do not guarantee functionality of Mobile Money (or any specific software that we provide with respect to Mobile Money) on all Mobile Devices, on all communication networks, in all geographic regions, or at all times.


In addition, your accessibility to the Mobile Money service may be interrupted because of conditions beyond our control, including because of outages in Internet availability. We will use commercially reasonable efforts to promptly re-establish Mobile Money service in those instances, but we do not promise the Mobile Money service will always be available for your use. We may elect to discontinue Mobile Money (or any of the services that we provide, from time to time, through Mobile Banking) at any time. If we choose to discontinue Mobile Banking, we will provide you with reasonable notice. In the case of a disaster, your Mobile Banking may be suspended in order to allow emergency and responding personnel to use the cellular networks.


Fees for Mobile Banking Services


Currently, we charge no fees for subscribing to or using Mobile Banking. However, all other fees associated with your accounts continue to apply. We reserve the right to institute or change fees for Mobile Banking by sending you prior notice. See the paragraph entitled Equipment Requirements for information on third-party fees.


Mobile Device Security Risks


The Mobile Device that you use may be subject to viruses, unauthorized tracking or other manipulation by "spyware" or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your hardware and software is at your own risk. You are responsible for making sure the device used to access Mobile Banking is protected and free from viruses, worms, Trojan horses, or other harmful components which may result in damage to programs or files and loss of personal financial information. EVB will not be responsible or liable for any indirect, incidental, special or consequential damages that may result from such harmful components on the mobile device, nor will EVB be liable if sensitive information accessed via our Mobile Banking Service is intercepted by a third party due to any viruses being contracted by the mobile device at any point or from any source.


We are not responsible for errors of delay or your inability to access the service by your equipment, or any cost associated with needed upgrades to your equipment or for any damage to the equipment or information resident thereon.


Electronic Mail (e-mail)


You may choose to communicate with EVB through email, but be advised that email communications are not secure. WE STRONGLY DISCOURAGE YOU FROM SENDING CONFIDENTIAL INFORMATIONS SUCH AS ACCOUNT NUMBERS OR PERSONAL IDENTIFICATION NUMBERS VIA E-MAIL (except for Secure Messaging accessible through your Online Banking service). EVB employees will not request confidential information by email.


Lost or Stolen Mobile Device or Password; Unauthorized Transfers


If you believe your Mobile Device, user name (Login ID), password, or other approved access device has been lost or stolen, or that someone has transferred or may transfer funds from your account without your authorization, contact us AT ONCE at 1-888-758-5646 or (804) 443-8454. For a description of your and EVB's responsibilities and liability with respect to unauthorized transactions review the appropriate sections of your account's Deposit Agreement.


Electronic Funds Transfer Error Resolution Notice

In case of errors or questions about your Mobile Banking Service transfers, telephone us at 1-888-464-2265 or (804) 443-4333, or write us at EVB, 307 Church Lane Post Office Box 1005, Tappahannock, VA 22560 as soon as possible. We will be happy to assist you if you think your statement or receipt is wrong or if you need information about a transfer listed on the statement or receipt. We must hear from you no later than sixty-days (60) after the date that appears on the FIRST statement on which the error or problem appeared. When making contact with us, you will be asked the following information.


1. Tell us your name and account number.


2. 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.


3. Tell us the dollar amount of the suspected error.


If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.


In most cases, we will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. There will be some cases that require more time to perform an in depth investigation. In those instances, we may take up to forty-five (45) days to investigate your complaint or question. If an extended investigation period is required, we will credit your account within ten (10) business days for the amount you think is in error. This will allow you use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.


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. If a notice of error involves an electronic funds transfer that occurred within thirty-days (30) after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days instead of (10) business days. If a notice of error involves an electronic funds transfer that was initiated in a foreign country, occurred within thirty (30) days after the first deposit to the account was made, or is a point of sale debit card transaction, the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days. If a notice of error involves unauthorized use of your point of sale debit card with the Visa logo when it is used as a Visa point of sale debit card, we will provide provisional credit within five (5) business days after you notify us instead of within ten (10) or twenty (20) business days. We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay.


Business days: For purposes of these electronic funds transfer disclosures; our business days are Monday through Friday. Bank Holidays are not included.


Relationship to Online Banking Agreement


This Agreement is an addendum to your Online Banking Agreement. Your use of Mobile Banking Services is subject to the terms and conditions of your Online Banking Agreement (as amended from time to time) and your other agreements with us and our affiliates. Without limitation, this Agreement is subject to your Online Banking Agreement's provisions regarding limitations on your liability for unauthorized transfers, contacting us concerning questions or errors, disclaimers of warranties, limitations on our liability, indemnity, amendments, dispute resolution, and definitions. In the event of a specific conflict between this Agreement and the terms of the Online Banking Agreement, the terms of this Agreement will govern. Each account that you access, or through which you conduct a transaction, using Mobile Banking remains subject to the terms and conditions of that account's Account Agreement.


Changes to Fees or Other Terms


We may change this Agreement at any time by sending notice as described in your Online Banking Agreement; provided, however, that this Agreement governs our right to provide you with that notice electronically. You may choose to accept or decline the change. By continuing to use any Mobile Banking service to which a notice relates, you are deemed to accept the changes relating to that service. Changes to fees applicable to a specific account are also governed by the applicable Account Agreement(s) and any interest or fee schedules pertaining to your account.



EVB - Member FDIC


2012