Online Banking Agreement
NETTELLER® ONLINE BANKING AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS
This agreement sets forth the terms and conditions of the NetTeller Online Banking Service(“Service”) offered by Pacific Commerce Bank (“Bank” and “us”). In this Agreement, the term “you” refers to each owner and authorized signer on the accounts that are accessed through the Service. Each time you access an account through the Service, you confirm your agreement to these terms. Please see Section 26 regarding electronic communications involving the Service and this Agreement.
You can perform the following transactions, depending on the services you request and the accounts tied to the Service:
- View account balance information and transaction history,
- Transfer money between your eligible accounts,
- Arrange for automatic monthly transfers from one Bank account to another,
- View images of checks and deposits made to your accounts,
- Submit Stop Payment requests,
- Communicate with us by electronic mail (“email”),
- Initiate Bill Payments.
We may make other Services available to you from time to time. Unless we state otherwise, they will be subject to the terms of this Agreement.
3. Computer Requirements Equipment and Software.
You are responsible for the selection, installation, maintenance, and operation of your computer and software. We assume no responsibility for any error or malfunction by your computer or software, or for any computer virus or similar problems you may experience with the internet or your internet service provider. Please see Section 26 regarding Service computer requirements. You must use equipment and software hat are compatible with our systems, which may change from time to time.
You are responsible for providing and maintaining any equipment that is necessary for the Services, such as telephones, terminals, modems and computers. You agree to use equipment that is compatible with our programs, systems and equipment, which we may change from time to time. We assume no responsibility for the defects or incompatibility of any computers or software that you use in connection with the Services, even if we have previously approved their use. WE MAKE NO WARRANTY,EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES, OR ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE MADE AVAILABLE TO YOU. You agree to notify us promptly if any software or equipment we provide to you becomes defective. Our sole responsibility (if any) in such instances will be to repair or replace the defective software or equipment. You acknowledge that you are solely responsible for the security of your own computer and access systems.
To use the Services, you must have sufficiently powerful computer hardware and appropriate software. At this time, this includes an internet browser that supports 128-bit encryption. Some Services may require you to download software from our website; in some cases, we may place software on your computer as part of our security and/or verification tools. You hereby certify that you are an authorized user of the Internet Browser you select as well as any other software used to access or interface with the System and you agree to ensure that any future supported upgrades to your Internet Browser and other software will be loaded and operational on your personal computer. You acknowledge that you are solely responsible for the security of your own computer and access systems. You agree that you will maintain adequate safeguards to protect your computer and access systems from viruses, spyware or any unauthorized intrusion that would threaten the System of your accounts. You agree that you will hold Pacific Commerce Bank harmless from any unauthorized transactions, loss or liability associated with any unauthorized intrusion into your computer or access systems. You agree to maintain the confidentiality of the Access Codes at all times and not to provide access to them to anyone that you do not authorize to access your Accounts through the Services. You expressly acknowledge that any wireless access to the Services initiated by you may not be secure and, in such cases,you assume the risk associated with unauthorized access to the Service and any information contained therein, resulting from such wireless connectivity. You agree to implement and maintain administrative, technical and physical safeguards to protect against unauthorized access to or use of any Account information which you may access or store on your computer or other data storage systems.
4. On-line Banking Accounts.
In order to use the Service, you must have a checking account with us, access to the internet, and an e-mail address. The checking account will be your primary On-line Banking account. If you have more than one checking account with us, you must designate one of them as your primary account. If you do not do so, we may select the primary account for you. We may terminate the Service if your primary account closes for any reason. Service fees, if applicable, will be charged to your primary account depending upon your account set-up with us. You can add or delete accounts accessible through the Service by completing a new enrollment form. At our discretion, we may refuse to allow certain accounts to be linked to the Services.
Any signer on any account listed in your application for this Service will have the ability to conduct online transactions involving any of the accounts listed on the applications. Even though a listed account may require more then one signature for the withdrawal of funds (e.g., by check), we may act on the oral, written or electronic instruction of any one of the authorized signers for Service transactions. For example: if John and Mary list accounts they hold individually and jointly (whether requiring one or more signatures for withdrawal) on their joint application for the Service, John can initiate transfers from his individual account, from his joint account with Mary, and from Mary’s individual account. If John does not want Mary to have access to John’s individual account, John should submit a separate application to the Bank for that account.
5. Security Procedures.
During your enrollment for the Services, you are required to select or will be assigned certain numbers, codes, marks, signs, public keys or other means of authenticating your identity and electronic communications in your name. These may include a customer number, logon name,and password. These credentials, with the other components of your Access Codes, will give access to your Accounts through the Service.
You agree to change all passwords with sufficient frequency so as to protect confidentiality, and in any event no less frequently than every 180 days.
You agree to keep all Access Codes confidential; you agree not to write them down.Passwords should not be easy to guess: for example, your children’s or pet’s names, birth dates, addresses or other easily recognized identification related to you. It is also recommended you do not have your browser automatically remember your password. We may offer to you or require you to use additional authentication tools or methods from time to time. If you choose not to implement supplemental authentication tools,your access to some or all Services may be limited. The term “Access Codes”will include any supplemental authentication tools that are used by you.
You agree to consider the size, type and frequency of the payment orders or other money transactions you will intend to use Services to accomplish. You agree to consider the risks presented by the possibility of unauthorized access to these Services, including the risk loss to you that we may process Communications and instructions that are your responsibility even though they were not authorized by you. You agree to use Services only after determining, and only for so long as you continue to determine, that the security procedures are a commercially reasonable method of providing security against unauthorized payment orders or other Communications. You agree and acknowledge that the security procedures are commercially reasonable for you and that you will be bound by instructions or Communications in your name, as set forth above.
You agree to take appropriate steps to ensure that all Access Codes are protected. In your review of the Services, including those aspects of the Services pertaining to the issuance, use, and protection of Access Codes and security procedures, you agree to notify us if your use of the Services would necessitate or be better served by a level of security that exceeds that offered by the Services. If you fail to notify us, then you acknowledge and agree that the security procedures of the Services are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.
6. Accessing the Service.
You must use a NetTeller Online Banking ID and a NetTeller Online Banking PIN to access the Service. When you enroll, we will provide you a temporary password that will give you initial access to the Service. That password must be changed the first time you log on to the Service. Each individual who has access to the Service must choose a password. You should memorize your password and change it every 180 days. We may act on any Service instruction that is accompanied by your NetTeller Online Banking ID and NetTeller Online Banking PIN. You agree not to disclose your NetTeller Online Banking ID or NetTeller Online Banking PIN to anyone. You are responsible for keeping your NetTeller Online Banking ID and NetTeller Online Banking PIN confidential. Never place them on or near your computer. If you forget your password contact us to have a new one issued to you. We may suspend access to the Service if there are three unsuccessful attempts to enter a password.
7. Hours of Operations.
You can access your accounts through the Service seven days a week, 24 hours a day. There may betimes, however, when all or part of the Service is unavailable due to system maintenance. We are not responsible for the unavailability of the Service or any damages that may result from its unavailability.
8. Account Balance and Transaction Information.
You can use the Service to obtain account balance and transaction information. Please note that the information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal. Balance and transaction information generally reflect activity through the close of the previous banking day.
You may transfer funds between your linked savings and checking accounts. Transfers initiated before 7:00 p.m. (Pacific Time) on a banking day will be posted to your account on the same day. All transfers completed after that hour or on a Saturday, Sunday or holiday may be posted on the next banking day.
10. Electronic Mail.
You can use the Service to send us electronic mail (“e-mail”). Since e-mail can be subject to delay and may not be reviewed by us until the next banking day, you should not rely on it if you need to communicate with us immediately (e.g., to stop payment on a check or report an unauthorized transaction). If you need to contact us immediately, call us at the telephone number listed in Section 17.We will have a reasonable time to act on e-mail request, and reserve the right to reject any instruction or request received by e-mail (e.g., a request to wire funds). Please do not include any sensitive information about yourself or your accounts in the e-mail, as we cannot guarantee its privacy over the internet. You agree that we may read and record any e-mail communications between you and our employees through the Service.
11. Stop Payment Service.
You may stop payment on a check you have written (non-electronically) by following the procedures established for that Service. You must provide us with timely, complete and accurate information regarding: the number of the account in question; the date of the item; the item number; the payee information and the EXACT account of the item (dollars and cents). If any information is incomplete or incorrect, we will not be responsible for failing to stop payment on the item.
We will review current activity on your account since the date of your last statement to confirm that the item upon which you request a Stop Payment has not recently been paid. You are responsible to review the activity on all previous statements. We will not be responsible to ascertain whether the check you wish stopped has been paid in any previous statement.
From time to time, the on-line system may be inoperable. If that occurs, your request can be communicated to us by telephone. We may require written confirmation of your order within 14 days of our receipt of your telephone request.
12. Bill Payments.
Generally. To set-up the Bill Payment Service, you must initially designate the Account or Accounts (individually or collectively referred to as “Bill Payment Account”) from which the Bill Payments are to be made. When using the Bill Payment Service, you must designate the Account(“Bill Payment Account”) from which the Bill Payments are to be made, the complete name of the payee, your Account number and the payee’s remittance address (as exactly as shown on the billing statement or invoice), the amount of the payment and the date you want the payment to be processed from your Bill Payment Account (“Payment Date”).
Use of Vendors; Use of Information. We may use one or more bill payment vendor(s)to provide the Bill Payment Service, and you understand that various financial intermediaries and their servicers may be involved in processing any one of your Bill Payment instructions. These intermediaries may benefit from interest that accrues on Bill Payments between the time your Bill Payment Account is debited and the time the payee is paid. Any information you provide may be used by us or any of these other parties to complete or otherwise deal with your transaction or comply with any laws, rules or regulations. If there is a dispute between you and us, or either of Bank and any other person (including any merchant, payee, financial institution or other intended or actual recipient of any Bill Payment), you authorize us to obtain information regarding you, your Account and your Bill Payment obligations (or the absence of them) from any party that was involved in the Bill Payment transaction or that might otherwise assist in the resolution of the dispute or problem. This may include financial and other information.
Setting-Up Payees; One-Time and Recurring Payments. When you sign onto Bill Payment Service, you must establish your list of payees. A payee is anyone, including Bank or another financial institution that you designate to receive a Bill Payment; provided that we accept the payee for the Bill Payment Service. If we accept the payee, then the payee will be placed on your authorized list of payees. Each time you want to initiate a Bill Payment, the payee must be on your authorized list of payees, and if payment will be facilitated electronically to the payee’s financial account (rather than by paper check)the payee’s receiving financial account must be within the United States.
- Setting Up. We are not responsible if a Bill Payment is not made to a payee because you provided us with incomplete, incorrect or outdated information regarding the payee or we attempted to make a payment to a payee that is not on your authorized list of payees. Also, we reserve the right to refuse to approve a payee for your authorized list of payees and to otherwise prohibit payment to a payee via the Bill Payment Service.
- One-Time Payments. You can use the Bill Payment Service to make a one-time Bill Payment. A one-time Bill Payment will be processed on the Payment Date; provided that the Payment Date selected by you is a business day and you submit your one time Bill Payment instruction prior to the Bill Payment cut-off hour for that date.
- Recurring Payments. You can use the Bill Payment Service to make recurring Bill Payments. The Bill Payment Service will allow you to schedule Bill Payment instructions that will cause a Bill Payment to be processed from the selected Bill Payment Account on your selected frequency on an ongoing basis.
If you select a Payment Date that is not a business day, then the Payment Date will default to the business day BEFORE your originally identified Payment Date. If a Bill Payment is returned or rejected whether by us or any third party, including an intermediary bank or the payee’s bank, you will be solely responsible for re-initiating the Bill Payment.
Available Funds. For Bill Payments, you will need to have sufficient available funds in your designated Bill Payment Account to cover the amount of the Bill Payment no later than the cut-off hour applicable to Bill Payments on the Payment Date, or no later than the cut-off hour as of the preceding business day if your designated Payment Date is not a business day.The funds may be debited from the Payment Account on or after the Payment Date,depending on whether the payment is effected electronically or by check. You can initiate Bill Payments up to the available funds in your Bill Payment Account, plus any linked credit or other overdraft facility (as applicable). If you exceed these limits, then we may prevent (or reverse) Bill Payments in any order and in any amount that we choose, even if the result is to reduce your transactions to a level below the amounts needed to pay your bills.
Non-Recommended Payees. Bank does not recommend that you use the Bill Payment Service to pay your federal, state or local taxes, courts or other governmental entities.These agencies normally require an accompanying coupon, which cannot be provided via the Bill Payment Service. We will not be liable for penalties,interest or other damages of any kind if you try to use the Bill Payment Service to remit or pay money for taxes, or to courts or governmental agencies.
Scheduling Payments in Advance of the Due Date. Bill Payments should be scheduled sufficiently in advance of the due date of your bill (‘Due Date”)to allow the payee to receive it and without taking into account any grace period that may be offered by your payee. Electronic bills will be paid within 72 hours of the close of business of the Payment Date. Some companies you pay through the Bill Payment Service are not set up for electronic payment and therefore will receive a paper draft on your behalf. These paper draft payments can take up to seven (7) business days to process before the payee receives the payment. You are responsible for ensuring that you initiate a Bill Payment instruction in time for the payment to reach the payee before its Due Date(without taking into account any grace period). You must allow at least seven(7) business days, prior to the Due Date, for each Bill Payment instruction to reach the applicable payee. We are not responsible for any damages you may suffer if you do not allow at least seven (7) business days between the Payment Process Date and the Due Date of your bill or obligation, without counting any grace period offered by the payee. Without limiting the foregoing, we are not responsible for delayed receipt of payments send via the U.S. Postal Service or for failure of the payee to process your payment in a timely manner.
Payment Methods. We reserve the right to select the method in which to remit funds on your behalf. These payment methods may include, but may not be limited to, an electronic payment, an electronic check payment (where the check is drawn off Bank’s third party service provider’s account), or a demand draft payment (where a negotiable instrument is created and drawn off of your Bill Payment Account).
Payment Changes and Cancellation. You may change or cancel a Bill Payment instruction via the Service as long as you submit the change or cancellation request no later than the cut-off hour applicable to Bill Payments on the day prior to the Payment Date for the Bill Payment instruction and you follow the Bill Payment instructions provided by the Bill Payment Service for changes and cancellation.
Accurate Information on Payees. The Bill Payment will be processed using the information you supply, and if the information you give to us is inaccurate or incomplete in any way the Bill Payment may be delayed or misdirected. If the Service provides you with a series of options regarding payee address or location, you are responsible for correcting that information if such information does not agree with your records or with your particular bill. Bank and the others that handle your Bill Payment (including the payee’s bank) are entitled to rely on information you supply, such as the payee’s account number or the routing number of the payee’s bank, even if the name you give to us and the number your give to us identify different persons.
ACH Entries. Electronic payments that are made through the ACH are subject to the rules of the ACH, and you agree to be bound by the Operating Rules of the ACH, including the rule making payment to the payee provisional until receipt by the payee’s bank of final settlement of the credit transaction. If final settlement is not received, you will not be deemed to have paid the payee the amount of the electronic bill payment. Furthermore, you agree that any payment by us to you for any returned credit entry or credit reversal is provisional until receipt by us of final settlement for such entry. If final settlement is not received, we are entitled to a refund from you of the amount credited and we may charge your account for the amount credited. We may refuse to permit the use of any amount credited for a credit reversal if we believe that there may not be sufficient funds in your account to cover charge back or return of such reversal.
13. Banking Days.
Our banking days are Monday through Friday, excluding holidays.
You will get a monthly deposit account statement unless there are no electronic fund transfers in a particular month. In any case, you will get a statement at least quarterly.
15. Service Fees.
You agree to pay fees we may establish from time to time for the Service. All individual account fees apply where applicable. We are not responsible for any fees that may be billed to you by your online service provider.
We reserve the right to limit the frequency and dollar amount of transfers and payments, if applicable, for security seasons. Payments and transfers from savings accounts and money market accounts are limited by law and your deposit agreement with us. Regarding your Money Market Account, you may only make up to six withdrawals and/or transfers each statement period by preauthorized or automatic transfer, draft, or telephone.
17. Customer Service.
You may contact us at(213) 617-0082, Monday through Friday, from 9:00 a.m. to 5:00 p.m., excluding holidays. Our hours of operation are subject to change without prior notice.
18. How to Notify us of a Problem.
If you have any questions about a Service transaction, or someone has transferred or may transfer money from your account without your permission, write to us at Pacific Commerce Bank, NetTeller Online Banking, 420 East 3rd Street, Suite 100, Los Angeles, CA 90013 or call us at (213) 617-0082.
19. Your Responsibility.
Tell us AT ONCE if you believe your NetTeller Online Banking ID or NetTeller Online Banking PIN has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days, you can lose no more then $50 if someone used your NetTeller Online Banking ID orNetTeller Online Banking PIN without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your NetTellerOnline Banking ID or NetTeller Online Banking PIN, and we can prove that we could have stopped someone from using your NetTeller Online Banking ID orNetTeller Online Banking PIN without your permission if you had told us, you could loss as much as $500.
Also, if your statement shows payments or transfers that you did not make, tell us at once.If you do not tell us within 60 days after the statement is mailed to you, you may not recover any money you lost after that 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
20. Our Responsibility.
If we do not complete a transfer or initiate a payment from your account on the payment date 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, for example, if; (a) we process your payment in a timely manner but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer of payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses,computer breakdown or telecommunication problems) prevent the transaction,despite reasonable precautions that we have taken; (g) you fail to follow our on-screen instructions properly; or (h) a transfer or payment could not be completed due to the system’s unavailability. There may be other exceptions stated in our deposit agreement with you.
21. In Case of Errors or Questions about Your Transfers.
Telephone us at the number, or write us at the address, set forth in Section 17 as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later then 60 days after we sent the FIRST statement on which the problem or error appeared. You must; (a) tell us your name and account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) 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 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or questions. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that 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 10 business days, we may not credit your account. Our obligation to act within the 10- and 45 day periods mentioned above is extended to 20 business days and 90 calendar days,respectively, if the notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.
We will tell you the results within three 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.
22. Business and Other Non-personal Accounts.
The Bank’s obligations set forth in Sections 20 and 21, and the limitations on your liability set forth in Section 19, do not apply in the case of business or other non-personal accounts. Under no circumstances will we be liable for any special or consequential damages involving such accounts. The owners of non-personal accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of the discovery or their receipt of the first statement or notice reflecting the problem,whichever occurs first). We may process any OnLine instruction we believe is given by any of you if the instruction is accompanied by your NetTeller Online Banking ID and NetTeller Online Banking PIN and you will be obligated for the transfer or payment, even if the instruction is not transmitted or authorized by you.
23. Release of Account Information.
We may release information about your accounts and transactions you perform to third parties:where it is necessary or helpful in verifying or completing a transaction; to verify the existence, history and condition of your account for credit reporting agencies; when you give us your consent; as permitted or required by law; to local, state and federal authorities if we believe a crime may have been committed involving your account; when an inquiry is made regarding the availability of funds to cover a check you have written; and, if you are a business; in response to trade inquiries.
24. Other Terms.
This Agreement supplements the terms of your account agreement with us. Please see that agreement for other terms relating to this Service, if applicable, (for example, waivers governing law, and overdrafts). This Agreement and your account agreement contain all of the terms of our agreement with you with respect to the Service. The terms of this Agreement will supersede any conflicting terms in your account agreement with respect to the Service.
25. Change in Terms.
We may amend (add to,delete from, or change) the terms of this Agreement at any time by sending notice to any of you at the address or e-mail address shown in our records, by posting a notice or an amended Agreement on our Web Site, or by delivering it to you. You may choose not to accept the change by closing your account(s) or terminating this Agreement and your use of the Service.
26. Electronic Communications.
You agree that this Agreement and any notice or other type of communication that is provided to you in connection with the Service, including amendments, statements, and account information, may be sent to you electronically by posting the communication on our Web Site or by sending it to any of you by e-mail. You may obtain a free copy of this Agreement, any amendments to it, and other communications about the Service in paper form by writing to us at Pacific Commerce Bank, NetTellerOnline Banking, 420 East 3rd Street, Suite 100, Los Angeles, CA 90013,or by calling us at (213) 617-0082. You can withdraw your consent to such electronic notices by writing to us at the same address, and advising us that you wish to have future notices sent to you in paper form. We may elect to terminate this Agreement and the Service if you choose to receive notices in paper form.
You agree to provides with your current e-mail address for notices. If you e-mail address changes,you must send us a notice of the new address in writing to Pacific Commerce Bank, NetTeller Online Banking, 420 East 3rd Street, Suite 100, Los Angeles, CA 90013.You will need the following hardware and software in order to access our Web Site, to receive notices from us, and to retain an electronic record of this Agreement and future communications. You will need an Internet Service Provider(ISP), a computer that has a Browser Software which supports Secure Sockets Layer (SSL). We recommend Netscape Navigator 4.0 or higher, Internet Explorer 4.01 or higher. The site has been built to work with all major browsers that have been tested and approved.
We may terminate or suspend your access to all or part of the Service at any time, with or without cause. We may automatically terminate your use of the Service if you do not use it for an extended period (180 days): if you decide to cancel the Service,please write to us at Pacific Commerce Bank, NetTeller Online Banking, 420 East 3rd Street, Suite 100, Los Angeles, CA 90013.
Your use of the Service shall constitute your acceptance and approval of all the terms and conditions of this Agreement.
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