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Terms & Conditions
Xenith Bank – Online Banking Disclosure and Agreement

This document contains information regarding terms and conditions of your use of Xenith Bank Online Banking. Please read this document carefully and print it to retain with your other banking documents. To do so, click on the File button, then Print. If you want to retain the document electronically, click on File, then Save As, and select the appropriate location where you want the document to be stored. You may obtain a printed copy of this document by contacting Xenith Bank’s Customer Solutions Center at 866-867-8500 and one will be mailed to you. The information contained in this document is subject to change at any time without notice.

Xenith Bank has expanded its banking services to utilize the convenience and efficiency of Internet technology and the parties hereto desire to participate in Internet banking transactions. Customer ("customer", "you" or "your") understands that the terms and conditions set forth below are in addition to those that apply to any other account agreements that you have with Xenith Bank ("Bank", "we", or "our") or any other services you obtain from the Bank. Xenith Bank and Customer hereby agree as follows:

  1. Agreement: When you use any of the Online Banking services described in this Agreement or transfers outside Xenith Bank, or authorize others to use them, you agree to the terms and conditions of this Agreement.

  2. Services: Using your customer password, you can use Online Banking to:

  3. Sufficient Available Funds: You authorize Xenith Bank to withdraw, debit or charge the necessary funds from your designated Xenith Bank account on the delivery or transfer date you designate. If enough funds to complete the transfer or payment are not available, we may either (1) complete the transaction and overdraw the account or (2) refuse to complete the transaction. In either case, we may charge a non- sufficient funds fee (NSF), returned item, overdraft or similar fee. Please refer to the applicable fee schedule or account agreement for details. You are fully obligated to pay any overdraft amount and fees.

  4. Fees: Xenith Bank Online Banking and Bill Payment are free. If this policy changes, you will be notified in advance and allowed to discontinue your service.

  5. When Online Banking Transfers Are Made: From approximately 12:01 am to 6:00 pm Eastern Standard Time Monday through Friday, transfers made between accounts will be processed immediately, assuming that the funds are available in the account. Transfer requests received outside of the above listed hours will be processed on the following business day. Each payment or transfer you initiate on a non-business day will be considered initiated on the following business day. Information you obtain about your account using Online Banking will not reflect transactions that have not yet been posted to your accounts. You should be aware of these reporting limitations when you perform or attempt to perform any transaction on the basis of such information. Online Banking is generally available 24 hours a day, 7 days a week. However, the Bank only processes transactions and updates information on business days. The Bank's business days are Monday through Friday, with the exception of banking holidays.

  6. Liability For Failure To Complete Payments or Transfers: If we do not complete a payment or transfer on time or in the correct amount according to instructions given by you in accordance with this agreement, the Bank will be liable only for the amount of the transaction, and no consequential or punitive damages or other losses whatsoever incurred by you. The Bank will not be liable for any amount if:

  7. Transfers From Money Market Deposit Account: Federal regulations and the deposit agreement impose limits on the number of certain types of withdrawals and transfers you can make each month from a savings and money market deposit account. You can make no more than a total of six (6) automatic or preauthorized transfer, telephone transfers, or Online Banking transfers or payments from a savings or money market deposit account each monthly statement cycle (each month for savings accounts with a quarterly statement cycle). If you exceed these limits on more than an occasional basis, we convert your account to another type of account.

    Each transfer or payment through the Online Banking Service from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each statement period. We recommend that you not use a savings or money market deposit account as your bill payment account balance because of these limits on transfers. Please review the deposit agreement for your account for more information.

  8. Joint Accounts: When your Online Banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer.

  9. Online Computer Security: To access Online Banking, you will create your own password. You may change your password at any time. Your password is confidential and should not be disclosed to third parties. You are responsible for the safekeeping of your password, and agree not to disclose or otherwise make your password available to anyone who is not an authorized signer on your account.

  10. Limitation of Liability: Tell us at once if you believe your Online Banking password has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amounts available under your overdraft protection.

    You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been mailed to you. If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period, if we can show that we could have stopped the transaction if you had notified us in time. If a good reason (such as a long trip or stay in the hospital) kept you from telling us, we may extend the time periods.

    When you give someone your Online Banking ID and password, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs even those transactions you did not intend or want performed are authorized transactions. If you notify us the person is no longer authorized, then you must notify us and change your User ID and password, and at such time only transactions that person performed after the time you notified us and changed your User ID and password are considered unauthorized.

    For your protection, sign off after every Online Banking session and close your browser to ensure confidentiality.

     In Case of Errors or Questions about Your Electronic Transactions: Send us a secure online mail message or call Customer Service at 1-866-867-8500. You may also write us at:

    Xenith Bank
    Attn: Customer Service
    P.O. Box 1908
    Elizabeth City, NC 27906

    Contact us immediately if you think your statement or transaction record is wrong, you need more information about a transaction, an unauthorized person has discovered your Online Banking password, someone has transferred or may transfer money from your account without your permission, or transactions have been made without your permission.

    We must hear from you no later than 60 days after we have sent the FIRST statement on which the problem or error appeared. If you tell us verbally, we may require you to send us your complaint in writing or via email within ten (10) banking days. Online Banking customers may use secure online mail. When you contact us, please provide the following information:

    Please explain as clearly as you can why you believe there is an error or why you need more information. We will tell you the results of our investigation within 10 Bank business days after we hear from you, and we will promptly correct any error we have made. If we need more time, however, we may take up to 45 days to investigate your complaint or question. In this case, we will provisionally credit your account within 10 Bank business days for the amount you think is in error; so that you have use of the money during the time it takes us to complete our investigation. If we ask you to put your compliant in writing, and we do not receive your letter in 10 Bank business days, we reserve the right not to provisionally credit your account. If we conclude that there was no error, we will send you a written explanation within three (3) Bank business days after we complete our investigation. You may request copies of the documents that we used in our investigation.

  11. Canceling the Service: If you choose to cancel your Online Banking services, any unprocessed payments may be cancelled. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing service. To cancel your Xenith Bank Online Banking Service, you must notify us in writing of your decision to cancel. These notices should be mailed to: Xenith Bank Attn: Customer Service, P.O. Box 1908, Elizabeth City, NC 27906. Xenith Bank may cancel or suspend this service at any time without notice.

  12. Law That Applies: Regardless of where you live or where you access Xenith Bank Online Banking services, this Agreement is subject to the laws of the State of Virginia and the Federal Law of the United States of America, with,  in  either  event, consideration of conflicts of law principles. If any terms of the Agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law.

  13. Excusable Delay: No party to this Agreement shall be liable to the other for any loss, cost or damages arising out of or resulting from any failure to perform in accordance  with the terms of this  Agreement, where such failure shall be beyond the reasonable control of such party, which, as employed herein, shall be deemed to mean, but not be limited to, acts of God, strikes, lockouts or other industrial disturbances, wars, whether declared or undeclared, blockades, insurrections, riots, government action, explosions, fire, floods or any other cause not within reasonable control of either party.

  14. Amendments: The terms and conditions governing Xenith Bank Online Banking, including costs and fees, may be amended by Xenith Bank at any time. Your continued use of the service is your acceptance of any amendment(s) to this Agreement, including any instruction on the use of the service as may be amended from time to time. You agree that any notices given by the Bank regarding the service may be sent to you via either electronic mail or  standard  mail, or posted on the Bank website, and will be considered delivered at the time sent to you by the Bank.

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