Disclosures

Sonabank Privacy Policy

Privacy Policy

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Online Banking Agreement and Disclosure

General Terms of this Agreement

This Agreement ("Agreement") governs the use of the Sonabank Online Banking, Sonabank Mobile Banking, External Transfers, Sonabank Bill Payment, Online Statement Delivery any other online services that Sonabank may make available to you through the Online Banking website (collectively "Service") Once you have completely reviewed the information in this Agreement, you may click "I accept" to signify your acceptance and begin taking advantage of the many benefits of the Service. If you are already a Sonabank Online Banking customer, these terms will apply to your use of Online Banking Services on June 18, 2015 and your use of any of the Online Banking Services ("Service) is deemed acceptance of the changes contained in this Agreement. The Electronic Funds Transfer Act and applicable rules published by the National Clearing House Network (NACHA) will govern some of the transactions permitted under this Agreement.

E-Sign Consent. By accepting the electronic version of this Agreement, you agree that Sonabank may make agreements with you concerning the Service through electronic means. You provide your authorization and informed consent to the e-mail notice and the delivery of electronic records selected for your Designated Accounts as described in this Agreement. All agreements entered into by electronic means will be deemed valid, authentic, and shall have the same legal effect as agreements entered into on paper. You will be deemed to have received any electronic messages sent to you if such messages are sent to the latest email address you have provided to Sonabank.

You further agree that electronic copies of your Online Delivery account statement are valid as "originals" and you will not contest the validity of the electronic copies, absent proof of altered data or tampering. This consent to the use of electronic agreements and communications shall apply to all agreements and communications made in conjunction with this agreement and the Service.

Parties to Online Banking Agreement. This Agreement is made and entered into by and between Sonabank and each person (called "Customer" or "you" or "your")

(i) who signs Sonabank's signature card for the Account,

(ii) who is referenced on the Sonabank's records as an owner of the Account,

(iii) whose signature appears on a credit line application, or

(iv) who is referenced on Sonabank's records as an owner of the Account ("Customer," also referred to as "you").

The terms "we", "us" and "our" apply to Sonabank and any of the servicers (also called "Providers") that provide services under this Agreement. The word "days" shall refer to calendar days unless otherwise specified.

Joint Account Owners. If you are a joint account owner or you represent any account owner in a fiduciary capacity, you represent and warrant that you are authorized to accept this Agreement on behalf of all Owners for the Designated Account. Each Customer is jointly and individually liable for all transactions initiated through the Service, including overdrafts, even if the Customer did not participate in the transaction that resulted in the overdraft.

Amendments. This Agreement or any of the Services offered through this Agreement may be modified from time to time and Sonabank will notify you of the changes through the secure Online Banking website or by e-mail. Your use of the Service after the delivery of any changes will demonstrate your consent to the new terms. In the case of some Services, you will be asked to agree to additional terms and conditions when you first sign up for the particular Service. If there is a difference in the terms between this Agreement and the special agreements related to those services, those special service agreements will govern you use of that service

Your Sonabank Deposit and Loan Account Agreements. The terms and conditions of your Deposit Account Agreement and Disclosure or any loan agreement, including any disclosures made pursuant to such agreements, and any subsequent amendments to any of the foregoing, are incorporated herein by reference. If there is any conflict or inconsistency between the terms and conditions stated in the other agreements and those of this Agreement, the terms and conditions of this Agreement as it applies to online services shall control to the extent of such conflict or inconsistency. The terms and conditions of this Agreement may be modified or amended by Sonabank upon written notice sent to you or by posting to the Web Site and sending you an e-mail. Your continued use of the Service after such notification of change shall be understood as your agreement to be bound by all such changes.

Account Requirements. To subscribe to the Service, you must maintain at least one Account with Sonabank which may include the following types of Accounts: checking account, savings account, or money market account, and for limited services, certificates of deposit and loan accounts. The Service will allow you to access more than one Account, to view your Account balance and transaction information, transfer funds among designated Accounts, pay bills from designated Accounts), send electronic mail to Sonabank and receive electronic mail from Sonabank. Sonabank reserves the right to refuse to open an Account or to deny Customer the ability to access the Service, to limit access or transactions or to revoke a Customer's access to Service without advance notice to Customer. Sonabank also reserves the right to check your credit and account history.

Savings and Money Market Transaction Limitations. There are restrictions on the number of withdrawals from your savings and money market Accounts that may apply to payments and funds transfers between Accounts and bills paid from these Accounts initiated through Service. Excessive transactions may incur fees on your savings and money market accounts. Please see your Deposit Account Agreement.

Service Access. The Service is accessed through an electronic or mobile device and a Wi-Fi, network or mobile connection. That allows you to:

  • view Account balance and transaction information,
  • transfer funds among designated Accounts, make deposits, pay bills from designated Accounts,
  • send secure electronic mail to Sonabank and receive electronic mail from Sonabank,
  • create stop payment orders
  • add accounts to Internet/Service relationship,
  • request copies of checks and statements,
  • view statements,
  • select statement delivery method, and
  • other services that Sonabank may add from time to time

You may access certain Accounts through a mobile browser and receive certain information through text messaging under this Service, using an electronic device and a network connection. You are responsible for obtaining an encrypted browser capable of a sufficiently high level of encryption to meet the systems requirements we establish from time to time. You are additionally responsible for obtaining Internet services via the Internet service provider (ISP) of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. We are not responsible for any Internet or mobile access services; however, your ISP must meet our system requirements in order for you to access any Online Banking Service.

You are responsible for obtaining and maintaining the electronic equipment, devices and connections used to access the Service, You are also responsible for maintaining the confidentiality and security of your mobile or electronic device, access passwords, account numbers, sign on information, and any other security or access information used by the service. You are also responsible for preventing unauthorized access to your mobile phone.

Accessibility. In general, Online Banking and Mobile Banking will be available 24 hours a day, 7 days a week except for short periods of maintenance or events that are outside of our control. 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 Banking (or any specific software that we provide with respect to Mobile Banking) on all Mobile Devices, on all communication networks, in all geographic regions, or at all times. Your accessibility to the Services in this Agreement may be interrupted because of conditions beyond our control, including of outages in Internet availability. We will use commercially reasonable efforts to promptly re-establish online services in those instances, but we do not promise the Mobile Banking service will always be available for your use. We may elect to discontinue any of the Services that we provide, but will provide you with reasonable notice of the termination of the Service. In the case of a disaster, your Service or any part of the Service may be suspended in order to allow emergency and responding personnel to access networks to restore service.

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.

Agency Agreement and Indemnity. You agree that when we or our Service Provider effects an electronic service under this Agreement, or any part of this Agreement, we are acting at all times as your agent and that you have the authority to complete the transaction. We are not responsible to any third party or other service provider for the online services we perform at your direction under this Agreement. We will not be liable for any costs, losses, damages or fees of any kind incurred as result of our access to the accounts; our debits and credits or inability to debit and credit accounts using your instructions; any funds limitations imposed by other financial institutions or third parties; or any charges imposed by third parties in the performance of services under this Agreement.

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.

Electronic Mail through Online Banking. Electronic Mail (Secure Messages) to Sonabank may be delayed; therefore, if you need Sonabank to receive information concerning your Account immediately, you must contact Sonabank in person or by telephone (i.e. stop payments, to report a lost or stolen card or to report unauthorized use of your Account). Sonabank shall have a reasonable period of time after receipt to act on requests or information you send by electronic mail.

Termination of Service. Except as otherwise provided in this Agreement, you may terminate the Service by sending a written notice to Sonabank Online Banking Department, P.O. Box 2075, Ashland, VA 23005.

If you fail to use your Online Banking Account for a period of 90 consecutive days, Sonabank will disable your Online Banking service and all related services. You may re-activate your Online Banking Service by following the instructions for signing on to Online Banking as a new customer. You may need to re-enter information to use services related to Online Banking such as Bill Pay and other electronic services.

Online Security

Sonabank is committed to providing online clients with a secure and dependable environment for accessing account information. Keeping your financial information secure and confidential is one of Sonabank's most important responsibilities. Read our Privacy Policy available on our website to learn more about our policy for information sharing and other privacy issues. Sonabank has implemented security procedures for the purpose of verifying the authenticity of the payment, transfer, and deposit instructions that you transmit to us. Such security procedure includes (i) a unique file identification number and transmission password, and (ii) encryption. You agree that this procedure constitutes a commercially reasonable method of providing security against unauthorized instructions. You agree to be bound by any instruction issued by you and received and verified by Bank in accordance with such security procedure, and you shall indemnify and hold Bank harmless from and against any loss suffered or liability incurred by, or arising from, the execution of instructions in good faith and in compliance with such security procedure.

Sonabank employs advanced encryption technology to protect client information, including Secure Sockets Layering (SSL), preventing unauthorized users from accessing data during sign on or usage of Sonabank Online Banking. Learn more about information security, as well tips for avoiding online fraud and identity theft, by visiting our website at www.sonabank.com. You are responsible for keeping your online password, account numbers, personal identification data, and other account information confidential. Never share your Online Banking User ID / Password, or other personal account information (including your account number & ATM PIN). Sharing this information constitutes a misuse and therefore, all transactions initiated by those with whom you shared information will be considered as authorized by you, regardless of whether you intended those transactions to be made.

If Your Password Has Been Lost, Stolen or Compromised. If you notice any unauthorized activity in your account or believe your personal account information has been compromised, please contact Sonabank immediately at the Customer Care Center at 888-464-2265. 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.

Sonabank also reminds you:

  1. To review your account statement regularly and report any unauthorized or suspicious activity promptly to Sonabank within 60 calendar days of the transaction first appearing on your statement.
  2. You should not leave your computer unattended while using Sonabank Online Banking. Once your banking is completed, sign off and close your browser before leaving your computer.

E-Mail Risks. Certain risks are associated with the transmission of Notices through the Internet, including, but not limited to, unauthorized access, systems outages, delays, disruptions in telecommunications services and the Internet. Public email is not private or secure. The Notice sent to you by email is an unencrypted, automatic alert. Although this Notice is not intended to contain personally identifiable confidential financial information, it may contain in its design part or all of your name or other identifier, which could be seen or intercepted by others if delivered to your business address or other computers or electronic devices not exclusively under your control. Do not respond to the Notice by return email, or use it to request information, service, paper copies or other items or to revoke consent. We will not be able to act upon requests made in that manner.

Federal Consumer Disclosures

Disclosures apply to all Services under this Agreement.

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 Sonabank, 9706 Atlee Commons Drive, and Post Office Box 2075, Ashland, VA 23005 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. We may withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if the circumstances or account history warrants the delay.

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 $26.50 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. Sonabank 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 Sonabank's negligence and causes actual loss to you. Sonabank's liability shall not, in any event, exceed the amount of the check. You must reimburse Sonabank for any loss related to stopping any payment.

Account History and Records. Records of your transactions using the Service are updated each business day and may be printed. Sonabank will maintain your Service history of transactions for a rolling period of 18 months from the date you begin to use the Service. You may request a copy of electronic notices or of this Agreement by calling us at 888-464-2265 or 804-443-4333.

Mobile Banking Service

Sonabank offers you mobile access to your account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS). You may also set up alerts such a low balance alerts to be delivered through your mobile device.

Enrollment. To enroll in the Mobile Banking Service, you will be asked to identify your relationships with Sonabank and provide your mobile phone number. We will verify your number by sending you an SMS message with a verification code which you will enter on the Mobile Banking website. You will also select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. Standard messaging charges apply. The alert service will continue until you terminate the Service or opt out of the alert program.

You may also download an abbreviated version of Mobile Banking by downloading the application directly from the Apple®Store or from GooglePlay.

Termination. 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.

Equipment. 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. Sonabank does not guarantee that your mobile phone or mobile service plan will be compatible with our Mobile Banking Service. Sonabank 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.

Security Risks. Your Mobile Device may be subject to viruses, unauthorized tracking or other manipulation by "spyware" or other malicious code. 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. Sonabank 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 Sonabank 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.

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 1-888-464-2265.

Electronic Statement Delivery Service

Online Electronic Statement Delivery. As a Sonabank Online Banking client you accept the terms of the Online Statement Delivery Service. For accounts with multiple owners, only one account owner or representative is needed to establish the Delivery Service. Sonabank will no longer deliver paper statements for any of the accounts included in the Delivery Service. You will receive check images in your electronic statement.

You also agree to receive any legal notices or other important information currently delivered with your paper statements ("Statement Inserts") regarding these Accounts only online. We may from time to time offer other legal notices through the Delivery Service. Your request for such delivery will be your acknowledgement that this section governs the delivery of the legal notices. Examples of statement inserts that may be delivered online include, but are not limited to, Change of Terms Notices, Privacy Statements, and Regulation E Error Resolution Notices.

Service Requirements. The Delivery Service provides you with access to an electronic version of your statements for up to eighteen (18) months. This Delivery Service is provided to you free of charge and permits the flexibility of saving and printing account statements at any time. You will be notified through email when your statement is ready for viewing. You must validate your email address upon enrollment. One attempt will be made to notify you that a statement is available to view. You may re-enroll for the Electronic Statement Delivery Service at any time.

Eligible Accounts. Online statements offered for consumer checking, savings, money market, and loans that have recurring periodic statements and that are included in a customer's portfolio of accounts accessed through Sonabank's Online Banking Service are eligible for the Delivery Service. Sonabank reserves the right to change or modify decisions regarding account eligibility in its sole discretion.

If you are the owner of an account with other owners, you agree and understand that your electronic notice may be consolidated with the notice for other account owners who are members of your household into a single email or other electronic message sent to one, specific email address shared by you and all other owners in your household as the email address of record for the Delivery Service. As a member of the household, you agree and consent that access through the Delivery Service to one copy of an electronic record, such as an account statement, service agreement amendment, or a notice or disclosure required under applicable law, through a shared email address constitutes sufficient and effective delivery to you personally of such document as required by applicable law, rule or regulation.

Termination Rights. You may stop receiving electronic statements at any time by calling the Customer Care Center at 888-464-2265, visiting your local branch, or notifying us by mail at the address appearing on your account statement. If you chose to terminate this Delivery Service and return to receiving paper statements for your accounts, you will be charged for paper statements or check images as noted in your Deposit Account Fee Schedule. Sonabank may terminate the Delivery Service for any or all Designated Accounts at any time. Upon such Termination, delivery of paper copies of Electronic Records will resume within a reasonable time. Termination of the Delivery Service does not affect the validity or legal effect of any Electronic Record delivered to you or any Owners through the Service. Termination of the Delivery Service does not terminate Online Banking unless otherwise so stated.

Receiving Statement Photocopies. You can print a copy of your available online statements at any time. You can also obtain a photocopy of your statement from Sonabank at any time. We will send you a photocopy of a statement previously delivered through the Service at your request. The standard fee then in effect and charged for paper delivery of account statements will apply. Please refer to your Sonabank Account Fee Schedule for applicable fees.

Internal Funds Transfer Service

Internal Funds Transfers allow you to transfer funds, make payments, or draw advances between your Sonabank Accounts.

Account information displayed through Online Banking is the current information at the time the transaction takes place. Electronic Funds Transfers between Account(s) through your computer or other electronic device Online Banking or Mobile Banking, and received by Sonabank or its agent(s) by 6:00 p.m. Eastern Time Monday - Friday will be effective on the current business day. Electronic Funds Transfers received after 6:00 p.m. Eastern Time Monday - Friday or all day Saturday, Sunday, and Federal Reserve holidays will be effective the following business day. Payments and advances on consumer loans and lines of credit may not appear on your account until the next business day.

We are not liable if we are unable to complete your payment, advance or funds transfers because

  1. If, through no fault of the ours, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your Line of Credit or
  2. The payment, advance or funds transfer function is not working properly and you know or have been advised by the Provider about the malfunction before you execute the transaction; or
  3. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Provider has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payment Account which does not comply with your Payment Instructions, the Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing the proper funds to the correct Payment Account.

Funds Transfer Cancellation Requests. You may cancel or edit any scheduled funds transfer (including recurring funds transfers) only by calling the Customer Care Center at 888-464-2265. There is no charge for canceling a scheduled funds transfer. Once Sonabank has begun processing a funds transfer it cannot be cancelled or edited.

Withdrawal Transaction Limitations. The restrictions on the number of withdrawals from your savings and money market Accounts apply to all payments and funds transfers between Accounts and bills paid from these Accounts initiated through the Service. Please refer to your Deposit Account Agreement and Disclosure for these limitations and fees arising from excess transactions.

Bill Payment Service

Sonabank's Bill Pay Service enables you to make payments (either one-time or recurring payments) online from your designated checking or money market deposit account to third parties; and to use the eBill payment feature to receive bills from participating Billers, view Biller bill summary and bill detail information.

Bill Pay Service Definitions

"Bill Pay Service" means the bill payment service offered by Sonabank through Fiserv and/or other service provider (together, "Provider").

"Biller" is the person or entity to which you wish a bill payment to be made or from which you receive electronic bills.

"Payment Instruction" is the information you provide to our Bill Pay Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"Payment Account" is the checking or money market account from which bill payments and any related fees will be debited.

"Business Day" is every Monday through Friday, except Federal Reserve holidays.

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your payment will be debited from your Payment Account. If Scheduled Payment Date falls on a non-Business Day, Sonabank will process your Bill Payment on the previous Business Day.

"Due Date" is the date reflected on your Biller statement on which the payment is due. It is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Bill Pay Service but has not begun processing.

Bill Payment Scheduling. When you schedule a bill payment, the Bill Payment system will indicate the earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date). You will not be permitted to select a Scheduled Payment Date prior to the earliest possible Scheduled Payment Date designated for each Biller. You should select a Scheduled Payment Date that is no later than the Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you should select a Scheduled Payment Date that is at least one Business Day before the actual Due Date. To avoid late charges and other penalties from your Biller, your Scheduled Payment Dates must be prior to any late date or grace period.

Expedited Payments. Certain Billers offer an Expedited Payment option that allows you to have your payment processed immediately for an additional fee. There are two Expedited Payment options available. A Same Day Bill Pay (sent as an electronic payment to participating Billers) will be processed and posted the same day. An Overnight Check payment (sent as a paper draft payment to any Biller who accepts paper payments) will be sent via overnight delivery to the Biller for receipt by the end of the next business day. Please note, although the payment will arrive earlier than the typical four (4) Business Days, it is at the Biller's discretion how quickly the payment is processed and posted. The Bill Pay Service will automatically determine which Expedited Payment option is available to you to make payments to a specific Biller, and it will also automatically determine the date by which your Expedited Payment will be processed ("Scheduled Payment Date").

The Expedited Payment option may not always be available. Depending on the time of day, you might not have sufficient lead time to make an Expedited Payment. If the Expedited Payment option is not available for an intended Biller, it will not be displayed on your Bill Payment screen. The earliest possible Scheduled Payment Date, without a fee, will be designated.

Once you submit an Expedited Payment, it will begin processing immediately and you will not be able to change or cancel it (see Payment Cancellation Requests and Stop Payments Requests sections for additional information).

You authorize us to charge a fee for each Expedited Payment as a separate transaction. The amount of each Expedited Payment and each fee will be deducted from your account as separate transactions, which may result in you incurring an overdraft charge for the Expedited Payment and/or the fee if you do not have sufficient funds to process either the Expedited Payment or the fee.

Payment Authorization and Remittance. By providing the Bill Pay Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Pay Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Bill Pay Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Bill Pay Service receives a Payment Instruction, you authorize the Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. The Provider will use its best efforts to make all your payments properly. However, the Provider shall incur no liability if the Provider is unable to complete any payments initiated by you because:

  1. If, through no fault of the Provider, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  2. The payment processing center is not working properly and we have notified you about the malfunction before you execute the transaction;
  3. You have not provided the Provider with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
  4. Circumstances beyond the control of the Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction.

Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges. However, the Provider will bear responsibility for any late payment related charges up to $50.00 per payment, should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Bill Payment Scheduling" in this Agreement.

Payment Methods. The Provider reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a check (funds remitted to the Biller are deducted from your Payment Account when the check is presented to Sonabank for payment).

Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Bill Payment Service. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Pay Service has begun processing a payment it cannot be cancelled or edited, therefore a formal stop payment request must be submitted.

Bill Payment Stop Payment Requests. The Provider's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Provider may not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact the Sonabank Customer Service. Although the Provider will make every effort to accommodate your request, the Provider will have no liability for failing to do so. The Provider may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

Prohibited Payments. Payments to Billers outside of the United States or its territories are prohibited through the Bill Pay Service.

Exception Payments. We do not recommend that you schedule tax payments and court ordered payments through the Bill Pay Service. We will not be liable for any claims or damages resulting from you scheduling of these types of payments and any Bill Payment Guarantee is void. All research and resolution for any misapplied, misposted or misdirected exception payments will be your sole responsibility.

Electronic Bill Delivery. Certain Billers offer an electronic bill presentment feature (e-Bill) which allows the Biller to present the bill directly to the Bill Payment Service. If you elect to activate one or more of the Bill Pay Service's electronic bill options, you agree to the following:

  1. You will provide any changed information directly to the Biller including name, address and other information required by the Biller and will maintain all usernames and passwords for all e-Bill sites.
  2. When you activate the e-Bill feature for a Biller, you authorize us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your billing information.
  3. The date of presentment of your first e-Bill will vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your e-Bill is being activated it is your responsibility to keep your accounts current. Each Biller reserves the right to accept or deny your request to receive electronic bills.

The Provider will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Bill Pay Service within Online Banking, the Bill Pay Service may send an email notification to the email address listed for your account. In the event you do not receive notification, it is your responsibility to periodically logon to the Bill Pay Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

It may take up to sixty (60) days to terminate the e-Bill service. The Provider will notify your e-Biller of the termination of the e-Bill service but it is your sole responsibility to make arrangements for another form of bill delivery. The Provider will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

You agree that Sonabank and the Provider will not be liable or responsible:

  1. If the Biller fails to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
  2. For the accuracy of your e-Bills. The Provider is only responsible for presenting the information we receive from the Biller.
  3. For any discrepancies, in accuracies or disputes regarding your e-Bill. These issues must be addressed with the Biller directly.

Failed or Returned Transactions. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Provider and you agree to reimburse the Provider immediately upon demand the transaction amount that has been returned to the Provider in addition to late charges, fees and costs of collection.

Service Fees and Additional Charges. You agree to pay charges imposed for the Bill Pay Service that may be listed in the Fee Schedule; you authorize the Provider to deduct the calculated amount from your designated Billing Account, along with any additional charges that may be incurred by you. Other financial fees associated with your standard deposit accounts and other Sonabank services will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone service provider.

Amendments to your Bill Pay Service Agreement. This Agreement, applicable fees and service charges may be altered or amended by Sonabank or the Provider from time to time with prior notice to you. Any use of the Bill Pay Service after the Provider provides you a notice of change will constitute your agreement to such change(s). Further, the Provider may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Provider reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Provider's more recent revisions and updates.

Biller Limitation. The Provider reserves the right to refuse to pay any Biller to whom you may direct a payment. The Provider will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

Returned Payments. In using the Bill Pay Service, you understand that Billers and/or the U.S. Postal Service may return payments to the Provider for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Provider will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account.

External Transfer Services

Sonabank offers two types of external transfer services — Popmoney© and External Transfer Service — to allow you to transfer funds between your personal Sonabank checking or money market accounts and certain accounts that are owned by you or someone else at another U.S. financial institution located in the United States and U.S. territories.

Popmoney

Popmoney Transfers to Other Accounts or Parties

  1. You must provide all the information about the recipient and his/her bank account that is necessary to complete an ACH Network transfer (the "Complete Transfer"); or
  2. You must provide contact information about the recipient (including an email address); y the Popmoney service will contact the recipient and request the recipient to (i) confirm his/her identity at the Popmoney Website and then (ii) provide bank account information in order to complete your transfer request (a "Two- Step Transfer").

Receiving Popmoney Transfers. When you are the intended recipient of a Popmoney transfer into an Sonabank account, you authorize Sonabank to deposit funds into your account, either as a single transfer or for all transfers directed to you through the Popmoney service. There may be a delay between the time you are notified of the pending transfer and the deposit of the funds into your account. You authorize the sender, the financial institution which holds the sender's account and the Popmoney Website to send emails and SMS text messages to you in connection with the sender's request to transfer funds to you. For a two-step transfer, you must provide the requested information within a certain period of time or the requested transfer will be cancelled and the funds returned to the sender. In the event that funds are transferred into your Sonabank account as a result of a Popmoney transfer and it is determined that such transfer was improper because it was not authorized by the sender or there were not sufficient funds in the sender's account or for any other reason, then you authorize Sonabank to withdraw from your Sonabank account an amount equal to the amount of funds improperly transferred to you.

Popmoney Cancellation or Stop Payment Requests. You may edit or cancel a Popmoney payment any time before the payment is processed and before your account is debited. If your account has been debited and the recipient's account has not been credited, you can request a Stop Payment. To edit, cancel or place a Stop Payment on a scheduled Popmoney transaction (including future-dated or recurring payments), follow the directions within the Popmoney application. The edit, cancel, or Stop Payment options will only appear when that function is available. There is no charge for editing or canceling a scheduled Popmoney transaction; there is a fee for placing a Stop Payment. Stop payment fees are listed on your Sonabank Deposit Account Fee Schedule.

Popmoney Dollar Limits and Transaction Deadlines. Popmoney dollar limits and transaction deadlines are set by the Provider and posted on the Popmoney service page on Sonabank's Online Banking website. If the limits are insufficient for your purpose, you are not required to complete the transaction. You must always have sufficient funds in your selected deposit account to transfer funds to a third party or to your account at another financial institution. For security purposes, when you reach your "Outstanding Limit" as set by Popmoney, you will not be able to schedule additional transfers until the "In Process" transfer(s) show a "Complete" status. Delivery of transactions may be delayed if you fail to complete the transaction within the time frames stated on the Popmoney website. Transactions after the daily cut-off times will be processed on the next business day.

Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a mobile telephone) and/or email address in connection with the Popmoney service, you consent to receiving calls and/or text messages from us at that number and/or emails from us for our everyday business purposes (including identity verification) and for other non-marketing purposes.

Mobile Devices. Senders and Receivers may from time to time receive SMS/text messages or otherwise use their mobile or wireless devices in connection with Popmoney transactions. Any usage of your mobile phone or wireless device in connection with the Popmoney service is subject to the terms and conditions of the service agreement between you and your telecommunications provider. This Agreement does not amend, replace, or supersede the service agreement between you and your telecommunications provider. Your telecommunications provider may assess data and messaging charges, and you are solely responsible for any such charges. We are not responsible for providing your telecommunications services, and you agree to resolve any problems with such services directly with your telecommunications provider without involving us.

External Funds Transfer Service

The External Transfer Service allows you to transfer funds inbound from an account owned by you at another U.S. financial institution or transfer funds outbound to an account owned by you at another U.S. financial institution. This service may be performed using your Sonabank personal checking or money market account. Business accounts are not eligible. Other financial institutions may have restrictions regarding transfers into and out of various account types. Sonabank is not responsible for any costs or losses arising out of transfers that are not permitted by another financial institution. Please refer to your other financial institution's terms and conditions related to incoming and outgoing transfers.

Types of Transfer Request. You may set up External Transfers services as a one-time transfer for immediate processing; a one-time transfer for immediate processing at a later date; or recurring series of transfers which may be scheduled for specific dates. 

Authentication Process. The first time you make an external transfer using the upgraded External Transfer service, you will be asked by our Service Provider to authenticate your external request through one of two methods. You will need the account number and the transit number of the external bank to register for the External Service. Your use of the authentication process shall indicate your agreement to these terms and conditions of the External Transfer Service.

  1. The Service Provider will make three small dollar transfers (2 credits and 1 debit) to ensure that the information provided by you is accurate. When you verify the transactions, you will be enrolled in the External Transfer Service.
  2. In certain cases, you may provide actual external login information such as name and account number at an external financial institution. If our Servicer cannot verify the information, you may use the authentication process above.
  3. Recurring Transfers.If you have scheduled regular recurring external transfers from your account, you must enter a new schedule for payments after you have registered for the upgraded service. If you fail to reschedule, your external transfers may not occur.

Cut-off time. The cut-off times for your transfers have changed.

  • For next day transfers, you may submit your request up to 8.p.m. on the business day of the transfer for example, if you wish the transfer to arrive on Friday, you may make the request up to 8 p.m. on Thursday. There may be a charge for next day transfers.
  • For three-day transfers, you must request the transfer by 1 a.m. Eastern time each business day. For example, if you make a request by 1 a.m. on Tuesday, your funds would arrive on Friday.

Transfer Limits. Transfer limits will be established by the Service Provider and will be disclosed on your transfer screen. These may be subject to change based on controls embedded in the Service. If the transfer limits do not meet your requirements, you may wish to select another method to transfer funds.

You agree to have sufficient available funds in the designated account to cover all outbound transactions on the scheduled date. If the deposit account does not have sufficient available funds on the scheduled date, we may elect not to initiate your transfer request.

We or our Service Provider shall incur no liability if the Provider is unable to complete any External Transfer or request initiated by you because of the existence of any one or more of the following circumstances:

  1. If through no fault of the Provider, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  2. The external transfer service is not working properly and you know or have been advised by the Provider about the malfunction before you execute the transaction;
  3. Circumstances beyond control of the Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Provider has taken reasonable precautions to avoid those circumstances.
  4. The external financial institution will not permit the transfer to occur.

Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payment Account which does not comply with your Payment Instructions, the Provider shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing the proper funds to the correct Payment Account.

External Transfers Cancellation Requests. You may cancel or edit any scheduled external transfer (including recurring funds transfers) by calling Sonabank's Customer Care Center at 888-464-2265. There is no charge for canceling a scheduled external transfer. Once Sonabank has begun processing a funds transfer it cannot be cancelled or edited.

Mobile Deposit Service

Sonabank's Mobile Deposit service allows you to deposit certain items into your deposit account(s) using your mobile device. Your use of the mobile deposit service constitutes your acceptance of the mobile deposit terms and any changes we may make to these terms.

Fees. There is currently no fee to use the mobile deposit service.

Hardware and Software. To use the mobile deposit service you must have a supported mobile device with a supported camera, a data plan, and download the Sonabank Mobile App. We do not guarantee that your particular mobile device, camera, operating system, or carrier will be compatible with the service. We assume no responsibility should you experience technical, network, or other difficulties while using the mobile deposit service or any damages as a result of these difficulties.

Eligible Items. You agree to transmit only deposit items (checks) as defined in Federal Reserve Regulation CC ("Reg CC") and only those checks that are permitted by the mobile deposit service.

You may use the mobile deposit service to deposit checks payable directly to you. Checks payable to third parties, altered items, fraudulent or unauthorized items, substitute checks, converted checks, remotely created checks, postdated checks (dated more than 6 months before the deposit), and checks not payable in U.S. currency are not permitted.

In addition to the checks or items listed above, the following specific items are not eligible for the mobile deposit service:

  • Foreign checks
  • U.S. Savings bonds
  • Treasury Tax & Loan (TTL) payments
  • Travelers checks
  • Money orders
  • Any attempted deposit made outside of the United States

Nothing in this mobile deposit agreement should be construed to require Sonabank to accept any check or item for deposit, even if Sonabank has previously accepted that type of check.

Image Quality. The image of a check transmitted to Sonabank using the mobile deposit service must be legible. The image quality must comply with standards set by Sonabank. You agree that we shall not be liable for any damages resulting from a check's poor image quality, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item.

Endorsements. You must endorse the check transmitted through the mobile deposit service as instructed by Sonabank. You agree to follow any and all other procedures and instructions for use of the mobile deposit service as Sonabank may establish from time to time.

Receipt and Crediting of Items. We may reject any check transmitted through the mobile deposit service, at our discretion, without liability to you. We are not responsible for checks we do not receive in accordance with this agreement or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when you receive a confirmation from Sonabank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that funds will be credited for that check or item.

Availability of Funds. You agree that items transmitted using the Mobile Deposit Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 4:00 p.m. Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available in two business days from the day of deposit. Sonabank may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Sonabank, in its sole discretion, deems relevant.

Disposal of Deposited Checks. After transmitting the mobile deposit, you agree to write 'submitted for mobile deposit' and today's date on the front of the check. Ten (10) days after successfully transmitting a mobile deposit, you agree to destroy or otherwise void the check. You agree never to re-present to us or any other party a check or item that has been deposited through the mobile deposit service unless we notify you that the check or item will not be accepted for deposit through the mobile deposit service.

Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits (over a period of time set by us) that you transmit using the Service and to modify such limits from time to time.

You are limited to $2500 per business day.

User Warranties and indemnification

You warrant to Sonabank that:

  1. You will only transmit eligible checks and items that you are entitled to enforce
  2. All checks will include all signatures required for their negotiation
  3. Images will meet Sonabank's image quality standards in effect which will be changed from time to time.
  4. You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party.
  5. You will not deposit or represent the original check or item with Sonabank or any other party.
  6. The information you provide to Sonabank is accurate and true, including all images transmitted to Sonabank accurately reflect to front and back of the check or item at the time it was scanned. You will comply with this agreement and all applicable rules, laws and regulations.
  7. You will use the mobile deposit services only for your own deposits and will not allow the use of the mobile deposit service by way of a service bureau business, timesharing, or otherwise disclose or allow use of the mobile deposit service by or for the benefit of any third party.
  8. You agree to indemnify and hold harmless Sonabank from any loss for breach of this warranty provision or the terms of this agreement.

Ownership and License. You may use the mobile deposit service only for your own benefit. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the mobile deposit service.

Privacy and User Information

Your Account information is confidential. You acknowledge that in connection with your use of the Service, including text messages from the Alerts Service, the Bank and its affiliates and service providers 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 Service, including the Alerts Service (collectively "User Information"). The Bank 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 Service, including the Alerts Service, to verify the existence or status of your Account to a third party, such as a credit bureau or merchant, to activate additional services, or to provide to a consumer reporting agency for purposes of anonymous research only. Information may also be disclosed as otherwise permitted or required by law, including compliance with court orders or lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank and its affiliates and service providers also reserve the right to monitor use of the Services, including the Alerts Service, for purposes of verifying compliance with the law, these terms and conditions, and any applicable software license, but we disclaim any obligation to monitor, filter, or edit any content. You agree that, in using the Service, including the Alerts Service, information and transfers will be recorded and/or data captured, and you consent to such recording.

Password and Security Procedures

Upon becoming a Service Customer, you will receive a temporary password or self- select a password, which will allow you access to your Account information. Use of the password will indicate to Sonabank your acceptance of the terms and conditions governing your Account(s) and this Agreement and if applicable, the Bill Pay Service terms and conditions. Any Service transactions, including, but not limited to accessing Account information, making transfers, giving transfer-related instructions, utilizing the electronic bill payment service, or accessing electronic account statements initiated by person(s) on behalf of a an Online Banking Customer including but not limited to a Commercial Customer, by entering the correct password is deemed as acting with full authority of the owner of the account and, for commercial customers, the Board of Directors, members or general partners, as applicable. Each time you access the online or mobile banking systems you will be required to enter your password. If your password is lost or stolen, or is known by another individual, you must notify Sonabank immediately. Failure to notify Sonabank promptly could result in loss of funds. You are responsible for maintaining the confidentiality of your password and any breach of confidentiality shall promptly be reported to Sonabank. You may contact Sonabank at 888-464-2265 to report such security breach. Sonabank reserves the right to prevent your access to Service should we have reason to believe the confidentiality of your password has been compromised.

You understand that Sonabank has implemented a security procedure for the purpose of verifying the authenticity of the payment instructions transmitted to Sonabank by you ("instructions"), and not for the purpose of detecting errors in such instructions. Such security procedure includes (i) a unique file identification number and transmission password, and (ii) encryption. You agree that this procedure constitutes a commercially reasonable method of providing security against unauthorized instructions. You agree to be bound by any instruction issued by you and received and verified by Sonabank in accordance with such security procedure, and you shall indemnify and hold Sonabank harmless from and against any loss suffered or liability incurred by, or arising from, the execution of instructions in good faith and in compliance with such security procedure.

In an effort to provide the highest degree of confidentiality and security, Sonabank recommends the use of browsers that provide encryption using a 256-bit key. The higher the level of encryption, the harder it is for unauthorized people to read encrypted information. Current versions of commercial off-the-shelf browsers all support 256-bit encryption; however, some older browsers may not be 256-bit encryption versions. Updates are available for download from their respective websites. Sonabank recommends that Customers protect their valuable financial information by using the most secure encryption possible. Sonabank is not liable for losses resulting from the use of lower encryption browsers.  If you elect to use a lower bit browser, this implies your acceptance of the risk of a lesser secure browser.

Electronic Device Software

You are solely responsible for the maintenance, installations and operation of your electronic device and for the software used in accessing the Service. Sonabank shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your electronic device or software, nor will Sonabank be responsible for any technology malware that affects your electronic device or the software while using the Service.

By accessing the Service through the World Wide Web, you agree that Sonabank shall not be liable for any indirect, incidental, or consequential costs, expenses or damages (including lost savings or profit, lost data, business interruption or attorney's fees).

Additionally, you must have an Internet Service Provider, an email address, and a browser to utilize Service through the Internet.

Address of Banking Changes

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Provider is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

Email Address

You agree to provide us with a current email address to receive email notifications and disclosures from Sonabank. You must immediately notify Sonabank of any changes or updates to your email address or if it becomes inoperative or inactive. You agree to immediately identify another email address to be used for the Service. You also agree that Sonabank is under no obligation to re-transmit any notifications to you that were returned "undeliverable" or otherwise rejected for delivery. Email will be the only notice you will receive advising you that electronic records have been posted to your account.

Account Information

Your Account information is confidential. Sonabank may, however, disclose information to a third party about your Account of the transfers only if you have given us permission to do so, or when it is necessary to complete transactions; verify the existence or status of your Account to a third party such as a credit bureau or merchant; to comply with a court order or the request of a government agency where it is necessary for activating additional services; or to a consumer reporting agency for research purposes only. By using the Service you agree the information and transfers will be recorded and/or data captured. By using the Service you consent to such recording.

Business Online Banking Agreement

This Business Online Banking Agreement (the "Agreement") is entered into as of the submission date of the Online Application by and between Sonabank (“Bank’ or “we”, “us,” and “our”) and the Business or Organization submitting the Online Application (the "Customer," “you,” or “your,” or “yours.”),

A Business Online Banking Account will not be setup for use until the Business Online Banking Agreement has been signed and returned to the Bank.

The Electronic Banking Group of Fiserv has developed a certain internet-based computerized cash management system known as Business Online Banking, which provides an electronic banking information reporting interface between the Bank and its customers; and Sonabank has entered into a Services Agreement with Fiserv, pursuant to which Fiserv has granted the Bank the right to distribute the System to their customers. In consideration of the above premises and the mutual covenants contained in this Agreement, the parties hereby agree as follows:

  1. Right of Use. By subscribing to the System, the Customer shall be deemed to have agreed to use it in accordance with the terms and conditions set forth in this Agreement.
  2. Using the System. Bank shall not be responsible to for any loss or damages suffered by the Customer as a result of the failure of systems and software used to interface with our systems or systems and software utilized by to initiate or process banking transactions whether such transactions are initiated or processed directly with our systems or through a third party service provider. The Customer acknowledges that they are solely responsible for the adequacy of systems and software utilized to process banking transactions and the ability of such systems and software to do so accurately. 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.

In order to use the System, the Customer must have:

  • Access to the internet through an Internet Service Provider (ISP)
  • A browser such as Netscape Navigator version 5.5 or Microsoft Internet Explorer version 7.0 or later in order to accommodate 128-bit encryption security requirements.
  • We recommend at least a 486 processor (Pentium preferred) or a Macintosh computer. A faster processor will give a better Online Banking experience.
  • A modem connection to the Internet that provides throughput of 28.8 KBPS (or higher) is sufficient.
  1. Restrictions on Use. The Customer may not do any of the following: (i) make alterations to the system without prior consent of the Bank: (ii) sell, lease, or grant any other rights in the System to others; (iii) make telecommunications data transmission except as specifically provided for by the System; or (iv) use the System other than in accordance with its intended purpose, as provided in this Agreement.
  2. Security. 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.
    The Bank does not know or have access to your password and will never request this information via phone or email. The Bank 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 Sonabank Online Banking Support at 804-443-8454 or 1-888-464-2265.
  3. Warranties. Neither Fiserv nor BANK make any warranty, either expressed or implied as to the documentation, function, or performance of the system, including without limitation, any implied warranties of their merchantability or fitness for a particular purpose. Except as expressly stated herein, the system is provided "As Is".
  4. Liability. In no event will Fiserv or the Bank be responsible for special, indirect, incidental or consequential damages which the customer may incur or experience on account or entering into or relying on this agreement, even if Fiserv or the Bank has been advised of the possibility of such damages. Neither the Bank nor Fiserv shall be liable to the customer for any damages resulting from a bill payment error or any damages resulting from a failed or returned payment where the customer did not have sufficient funds in the Bank's account.
  5. Fees. The Customer will pay the fees established by the Bank for the use of the System. Unless the parties agree otherwise, the Bank will have the right to charge the Customer's account(s) at the Bank for such fees and/or to include such amount in the Customer's monthly-extended corporate account analysis (if applicable). The Bank will give the customer notice of increase in fees, which will be binding upon the Customer unless the Customer notifies the Bank of its intention to terminate this Agreement prior to the effective date of the increase.
  6. Provisions:
  • The Customer must designate a Business Online Banking Administrator, whose responsibilities will include ensuring that the Customer uses the System in accordance with its intended purpose.
  • The Customer may designate sub-users within their Business Online Banking account. These sub-users will be set up and monitored by the account's Administrator.
  • When the Customer or any authorized user accesses the Service using the Customer User ID and password, the Bank is authorized to follow the instructions received concerning accounts and to credit and charge accounts according to those instructions. The password protects access to the accounts. It is agreed that passwords will not be shared or made available to any unauthorized individual. If a password is shared, the Customer authorizes the Bank to comply with those instructions even if that individual exceeds authorization.
  • If the Customer selects the wire transfer service, (a) the existing Funds Transfer Agreement between the Customer and the Bank shall be deemed to be amended to permit the Customer to make wire requests electronically via the Business Online Banking System, (b) the Customer's Business Online Banking Administrator must ensure that wire requests are made only by individuals who are authorized to do so and ensuring that wire requests do not exceed the per wire limit and the daily limit (if any) established by the Bank and the Customer, and (c) if the Customer chooses to allow the same person to initiate, approve and send repetitive wires (using pre-established templates) or book transfers (transfers between bank accounts owned by the same business), the Bank will have no liability whatsoever for unauthorized transfers. The customer is hereby advised against granting one individual within said company permission to initiate, approve, and send repetitive wires. The Customer acknowledges that the Bank has warned against assigning authorization to initiate, approve, and send repetitive wires to one individual and the associated risks thereto should the company elect not to heed the Bank's advice. However, if the Customer chooses to forego these methods of dual control, the Customer will assume any associated risks and further does not hold the Bank responsible for unauthorized wire transfers.
  • The Bank will perform a quality assurance check that will involve a call back process to verify all wire transfers initiated by the Customer of $100,000 or more. The Bank will contact the Customer by telephone at the phone number on file to confirm the validity of the wire transfer before the transaction is completed. The Customer acknowledges that the wire transfer will not be initiated until the call back verification has been completed. The Bank will not be liable to the Customer for any damages resulting from a delay in the processing of a wire transfer in the event that the call back cannot be completed.
  • If the Customer selects the ACH service, the existing Electronic Funds Service Agreement (Direct Deposit Agreement) and the ACH Corporate Agreement (if any) between the Customer and the Bank shall be deemed to be amended to permit the Bank to accept ACH credit entries electronically via the Business Online Banking System.
  • The Customer may elect to issue a stop payment on a check using the Business Online Banking system. All stop payment requests received electronically via the Business Online Banking system shall be deemed an authorized "written request" for purposes of the Stop Payment Request form. A fee will be charged for each stop payment request submitted. The request will cease to be effective six months from the date submitted. A stop payment will not be processed if the Bank has already paid, certified, or accepted the item. Bank 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 the Bank’s negligence and causes actual loss to you. The Bank’s s liability shall not, in any event, exceed the amount of the check. Customer must reimburse the Bank for any loss it sustains in honoring this request.
  • The Customer may elect to use Bill Payment service available within the Business Online Banking system. This feature instructs the Bank to direct payments from the designated account to third parties. Our Bill Payment Service provider, CheckFree, processes these payments. the Bank will not be liable for damages you incur if there are not sufficient funds in the 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 the Bank or CheckFree. Funds must be available in the designated the Bank checking account at the time your payments are processed. If the account does not have sufficient funds at the time the payments are processed, a return item fee will be charged. Bank reserves the right to close any Bill Payment Account due to excessive NSF's. If a payment is scheduled but the payee does not receive the payment in a timely manner, research is required on a past payment or any other type of assistance with the Bill Pay Service is required, Customer may call CheckFree Customer Support at 1-800-877-8021, available 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.
  1. Termination. Either party may terminate this Agreement by providing at least thirty‑days (30) notice of its intent to terminate to the other. Unless terminated sooner, this Agreement will terminate automatically if the Customer no longer maintains any deposit accounts at the Bank or if the Service Agreement between Bank and Fiserv is terminated for any reason. In addition, the Bank shall have the right to terminate this Agreement if the Customer fails to comply with any provision of this Agreement. Upon the termination of this Agreement, the Customer's right to use the System shall automatically cease.
  2. Inactivity. Online Banking Accounts that have been inactive for 90 days will be automatically deleted. Once an account has been inactive for 60 days, Bank will notify the Customer via email that the account will be deleted in 30 days. The Customer will need to login within the allotted time frame in order to remain active. If for some reason the Customer is not able to log into the system, but wishes to remain active, he or she may contact the Bank Online Banking Specialist @ 804-443-8454 or 1-888-464-2265.
  3. Notices. All notices hereunder must be in writing and delivered to the parties by facsimile, first class mail, personal delivery, e-mail, or reliable overnight courier at the following addresses:

If to the Customer:
Address and/or Fax Number stated in the Online Application Submission

If to the Bank:

Customer Care Center
PO Box 2075
Ashland, VA 23005
Fax: 804-550-4951

Each party agrees to notify the other promptly upon a change in their address or any other information as set forth above, whereupon the other party may rely on such new information as though it were originally set forth in this Agreement.

  1. Miscellaneous. This Agreement shall be construed under and governed by the internal laws of the Bank's state of incorporation without regard to conflict of law provisions. If any provision of this Agreement shall be determined to be unenforceable or invalid in any respect, such unenforceability shall not affect the remainder of this Agreement, which shall be construed as if such unenforceable provision shall not have been contained herein. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. All exhibit referred to in this Agreement are hereby incorporated herein and made a part hereof by this reference. This agreement contains the complete understanding of the parties and supersedes any and all prior written and/or oral agreements between the parties relating to the subject matter hereof.
  2. Bill Payment Service:
  • Service Definitions:
    • "Service" means the bill payment service offered by Bank through CheckFree Services Corporation.
    • "Agreement" means these terms and conditions of the bill payment service.
    • "Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
    • "Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
    • "Payment Account" is the checking account from which bill payments will be debited.
    • "Billing Account" is the checking account from which all Service fees will be automatically debited.
    • "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
    • "Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
    • "Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.
    • "Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
  • Payment Scheduling: The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
  • The Service Guarantee: Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement
  • Payment Authorization and Payment Remittance: You represent and warrant that you are acting with full authority for the applying entity, and that you are duly authorized to execute this Agreement on behalf of the applying entity. By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives. When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service. The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
    • If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
    • The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
    • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
    • Circumstances beyond control of the Service (such as, but not limited to fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
    • Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
  • Payment Methods: The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment,or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).
  • Payment Cancellation Requests: You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
  • Stop Payment Requests: The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
  • Prohibited Payments: Payments to Billers outside of the United States or its territories are prohibited through the Service.
  • Exception Payments: Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.
  • Bill Delivery and Presentment: This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following information provided to the Biller. The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
    •  Activation - Upon activation of the electronic bill feature, the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills. Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
    • .Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
  • Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to arrange for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation. Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly. Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly. This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
  • Exclusions of Warranties: THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  • Password and Security: You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 800-877-8021 during Customer Service hours.
  • Business customers agree to review promptly all statements, Customer Notices, and transaction information made available to them, and to report all unauthorized transactions and errors to us immediately. Business customers agree that we may process payment and transfer instructions that are submitted with correct online login information, and agree that such instructions will be deemed effective as if made by them, even if they are not transmitted or authorized by the customer.
  • Disclosure of Account Information to Third Parties: It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
  • Where it is necessary for completing transactions;
  • Where it is necessary for activating additional services;
  • In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
  • To a consumer reporting agency for research purposes only;
  • In order to comply with a governmental agency or court orders; or,
  • If you give us your written permission
  • Service Fees and Additional Charges: Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There maybe a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
  • Failed or Returned Transactions: In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction may not be completed. In some instances, you will receive a return notice from the Service. In each such case, you agree that:
  • You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
  • For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  • You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
  • You will reimburse the Service for any fees or costs it incurs in attempting to collect the amount of the return from you; and,
  • The Service is authorized to report the facts concerning the return to any credit reporting agency.
  • Alterations and Amendments: This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.
  • Address or Banking Changes: It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
  • Service Termination, Cancellation, or Suspension: In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact Customer Service via one of the following:
  • Telephone us at 800-877-8021 during Customer Service hours; and/or
  • Write us at:
    Sonabank
    P.O. Box 2075
    Ashland, VA 23005
  • Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
  • Biller Limitation: The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
  • Returned Payments: In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.
  • Information Authorization: Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment-posting problems or for verification).
  • Disputes: In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service, which supersedes any proposal, or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.
  • Assignment: You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
  • No Waiver: The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
  • Captions: The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE 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 INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

  1. Mobile Deposit Service - The Mobile Deposit Service ("Service") is a separate internet-based service offered by the Bank.. The Service will allow you to deposit checks using your mobile device into your designated account ("Account") at Sonabank.

This document (Agreement") defines your rights and obligations for the Service.

Hardware and Software. To use the Service, you must have a supported mobile device with a supported camera, a data plan, and download the Sonabank Mobile App. We do not guarantee that your particular mobile device, camera, operating system, or carrier will be compatible with the service. We assume no responsibility should you experience technical, network, or other difficulties while using the Service or any damages as a result of these difficulties.

Relationship to Online Banking Agreement. This Agreement is an addendum to your Business Online Banking Agreement and (if applicable) your Mobile Banking Services Agreement. Your use of the Service 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. In the event of a specific conflict between this Agreement and the terms of the Business Online Banking Agreement, the terms of this Agreement will govern. Each account that you access, or through which you conduct a transaction, using the Service, remains subject to the terms and conditions of that account's Bank Account Agreement.

Eligible Items. You agree to transmit only deposit items (checks) as defined in Federal Reserve Regulation CC ("Reg CC") and only those checks that are permitted by the Service. You may use the Service to deposit checks payable directly to you. Checks payable to third parties, altered items, fraudulent or unauthorized items, substitute checks, converted checks, remotely created checks, postdated checks (dated more than 6 months before the deposit), and checks not payable in U.S. currency are not permitted.

In addition to the checks or items listed above, the following specific items are not eligible for the Service:

  • Foreign checks
  • U.S. Savings bonds
  • Treasury Tax & Loan (TTL) payments
  • Travelers checks
  • Money orders
  • Any attempted deposit made outside of the United States

Nothing in this Agreement should be construed to require Bank to accept any check or item for deposit, even if Bank has previously accepted that type of check.

Image Quality. The image of a check transmitted to Bank using the Service must be legible. The image quality must comply with standards set by Sonabank. You agree that we shall not be liable for any damages resulting from a check's poor image quality, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item.

Endorsements. You must endorse the check transmitted through the Service as instructed by us.. You agree to follow any and all other procedures and instructions for use of the Service as Bank may establish from time to time.

Receipt and Crediting of Items. We may reject any check transmitted through the Service, at our discretion, without liability to you. We are not responsible for checks we do not receive in accordance with this agreement or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when you receive a confirmation from Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that funds will be credited for that check or item.

Availability of Funds. You agree that items transmitted using the Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 4:00 p.m.
Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Service will generally be made available in two business days from the day of deposit. Bank may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Sonabank, in its sole discretion, deems relevant.

Disposal of Deposited Checks. After transmitting the mobile deposit, you agree to write 'submitted for mobile deposit' and the transmission date on the front of the check. Ten (10) days after successfully transmitting a mobile deposit, you agree to destroy or otherwise void the check. You agree never to re-present to us or any other party a check or item that has been deposited through the Service unless we notify you that the check or item will not be accepted for deposit through the Service.

Transaction Limits. The Bank may limit the number and frequency of the items submitted and limits the dollar amount of your deposit. If you require a change in daily limits, you must notify Bank and obtain agreement from the Bank to accept the increased limits. It is presumed that such approval of increased limits shall apply only on the day the approval is received; thereafter, transactions will revert to previous established limits.  The Bank may reject and/or return any item that the Bank, in its sole discretion, deems uncollectible or to place a hold on your account until the item is collected. Your deposit is deemed received when you receive deposit confirmation from us; however confirmation of receipt does not deem the item readable or collectible. In the event that any item is returned by any Bank in the chain of collection, the Bank has the right to charge your account, or any account of yours at Sonabank, for the item.

Performance Standards.

  • Bank Performance. The Bank will perform the Service in the same commercially reasonable manner that the Bank performs the Service for other customers. Bank makes no warranties with respect to the image quality or validity of any item deposited through the Service. The Bank reserves the right in our discretion to reject any transmission Bank receives from you and Bank will inform you of the reasons for the rejection. With the exception of errors caused by our gross negligence, you are assuming all other risks of loss or error.
  • Customer Performance. If any error results from incorrect information supplied by you, you agree to use commercially reasonable methods to discover and correct the error. You agree to indemnify the Bank and hold the Bank harmless from any claim, loss, liability, action, cause of action, cost, expense including but not limited to reasonable attorneys' fees and payment pursuant to settlements, arising from and out of or relating to
  • the alteration of any item deposited through the Service;
  • inaccuracy, illegibility or inadequacy of the data processed through the Service;
  • material breach of this Agreement or failure to comply with material terms;
  • any act or omission by you or your employees or agents that results in the payment or distribution of funds to any person, real or fictitious, who shall not be entitled to all or any part of the funds or that results in an inaccurate, incorrect, untimely, improper or failed ACH funds transfer in connection with such funds or the redeposit of any item process through the Service.

Security and Retention

  • Data Security. It is your sole responsibility to maintain the security of the passwords and codes and to change the password and codes as necessary to maintain the security of the Service. You are permitted to share the security codes with your Administrator or any user in the ordinary course of your business. You agree that should you experience any acts of fraud, theft or data intrusion with respect to the Services, you will notify the Bank immediately. The Bank has no liability for the actions of any third party, including your employees, as a result of unauthorized use of passwords and codes.
  • Internet Usage. The Bank has taken reasonable steps to secure your data, including installation of firewalls, data encryption and use of passwords and security codes.
    The Bank has also taken reasonable steps to ensure that your use of the Service is accessible. However, the Bank shall not have liability for outages, unauthorized access, delays, malfunctions or the fraudulent acts of third parties including your employees.

Returned Items. The Bank shall have the right to convert checks you deposit through the Service into Replacement Checks or an accounts receivable electronic item (ARC). In the event such an item is returned unpaid, you will receive only sufficient information to identify the deposited item. If the item is returned unpaid, the Bank will assist you in re-depositing the item as a Substitute Check as permitted by Regulation CC. You may not deposit the original check even though you have not yet destroyed the original.

Customer Representations and Warranties.
You warrant to the Bank that:

  • You will only transmit eligible checks and items that you are entitled to enforce.
  • All checks will include all signatures required for their negotiation.
  • Images will meet ours image quality standards in effect from time to time.
  • You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party.
  • You will not deposit or represent the original check or item with the Bank or any other party.
  • The information you provide to the Bank is accurate and true, including all images transmitted to the Bank accurately reflect the front and back of the check or item at the time it was scanned. You will comply with this agreement and all applicable rules, laws and regulations.
  • You will use the Services only for your own deposits and will not allow the use of the Service by way of a service bureau business, timesharing, or otherwise disclose or allow use of the Service by or for the benefit of any third party.
  • You agree to indemnify and hold harmless the Bank from any loss for breach of this warranty provision or the terms of this agreement.

Ownership and License. You may use the Service only for your company's benefit. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.

Changes to Fees or Other Terms. We may change this Agreement at any time by sending notice as described in your Business Online Banking Agreement. 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.

  1. E-Sign: Consent to Request Services and Receive Disclosures and Notices Electronically. The parties to this Agreement consent to electronic communication relating to the Services. The Bankmay elect to provide you with notices, changes of terms and other important communication electronically (through e-mail or secure mail). By signing this Agreement, Customer hereby consents to give notices and to receive notices and disclosures electronically. Customer will provide an electronic address for such disclosures and notices at the time that this Agreement is executed. Communications related to Treasury Management Services may be sent to this electronic address and Customer is solely responsible for immediately updating this electronic address if it changes. 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. 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 contacting your Treasury Services department. You may also request changes to your Services through electronic communication; however, such changes to the Services shall not be effective until the Bank communicates its agreement to change or modify Services.