The first time you access your accounts through Online Banking, you agree to be bound by the terms and conditions of this Online Banking Agreement ("Agreement") and acknowledge its receipt and your understanding of its terms.
This Agreement explains the terms and conditions for accessing accounts and conducting transactions at Premier Business Bank ("Bank", ''we", "us" and "our'') via our on-line Online Banking site(s) ("Online Banking"). As used in this Agreement, the terms "you" and "your" refer to each person signing an Online Banking Application.
Benefits of Online Banking
Through Online Banking, you can manage eligible accounts from your home or office on a personal computer. Online Banking can be used to conduct any of the following "Online Financial Services":
- Obtain balances and transaction histories on all eligible accounts enrolled in Online Banking (All account balances and transaction histories reflect activity through the close of the previous banking day);
- Transfer money between eligible accounts (The number of transfers you can make from an account is limited as described in the applicable account agreement. In addition, if a hold is placed on any funds deposited in an eligible account, you may not transfer the portion of funds being held until that hold expires); transfer money to pay Bank for overdraft protection, consumer loans, home equity loans, or certain other eligible loans; and pay bills to any merchant, bank or an individual with a U.S. address.
- Download/export transactions to several software programs.
- Reorder checks
- Place a stop payment
- Send secure messages to Bank.
Bank may, from time to time, introduce new On-line Financial Services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.
What Information Do We Collect and How Do We Use It
When applying to use our Online Banking Site, you are required to provide your name, e-mail address, street address, telephone number, email address and social security number. During the enrollment process, you will be asked to create a username and password to access the online banking services (“Services”) offered on our Site. This information allows us to keep a user profile so that we may provide you access to the Services and provide a faster method for you to submit and receive information to and from us.
We may also collect general information in connection with your use of our Site, for example, the length of time you spend on our Site, what pages on our Site you visit most frequently, how often you visit our Site, what kind of browser software you are using, and your domain name, if applicable. If you communicate with us by e-mail, we may collect your e-mail address and any other information contained in the e-mail. Since e-mail transmissions may be subject to interception, please do not include sensitive or personal information in any e-mail you send us.
Information is collected for the purpose of processing your application, transaction or request for information and verifying your identity. The information will be used for the purpose of meeting your banking needs and requests, and providing services to you in the future.
The Bank does not share customer information with third parties, except as permitted by law. The Bank limits employee access to confidential information and maintains accurate and up-to-date customer records. If you do not want your personal information collected, you may refrain from supplying the information, whether through e-mail or our Site.
Our online services are not intended for children under 13. We not knowingly collect personal information from children under 13 without parental consent.
Keeping your account information up-to-date is very important. You may review, or update certain account information by logging in and accessing the My Profile tab. If you cannot change the incorrect information online, or you prefer to request changes directly with the Bank, please use the Contact Us email option on our Site or call or write to us using the contact information listed on your account statements, bank records or the branch information listed on the Contact Us tab on our Site.
To inform the Bank about potential misuse of personal information within the Online Banking Services, please contact the Bank immediately using our contact information on our Contact Us tab or refer to our Security Center tab located on the Home Page of our Site.
Security & Protecting Your Account
We are strongly committed to protecting the security and confidentiality of our customer accounts information. We use several techniques to help secure our Online Banking service, including the following:
- You can only access Bank with certain browsers that have a high security standard.
- Your account numbers are never displayed in full - only the last 5 digits can be viewed.
- You must have a valid Online Banking User ID, password and PassMark to logon.
- If no action is taken for 10 minutes, you will be automatically logged off the Online Banking service.
To access On-line Financial Services you must have Windows: IE. 4.01 SP1 and 5.0, Netscape Navigator 4.08, and Netscape Communicator 4. 7 or compatible web browser and 128 bit data encryption. In addition to compatible software, you must have an Online Banking User ID, a password, a PassMark and maintain one or more of the following eligible accounts at Bank:
- Basic Checking
- Personal Checking
- Interest Checking
- Personal Money Market
- Business Checking
- Business Interest Checking
- Business Money Market
- Certificate of Deposit
Your password will give you access to Bank accounts via Online Banking. Bank is entitled to act on any instructions it receives using your password. For security purposes, it is recommended that you memorize your password and do not write it down. We also recommend that you change your password regularly to try and avoid misappropriation by a third party. Your password can be changed at our Online Banking site. You are responsible for keeping your password and account data confidential. When you give someone your password, you are authorizing that person to use Online Banking and the On-line Financial Services. You are responsible for all transactions performed using your password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your password will be charged against your account(s).
You can usually access On-line Financial Services seven (7) days a week. twenty-four (24) hours a day. However, at certain times, some or all of Online Banking or On-line Financial Services may not be available due to system maintenance or reasons beyond Bank's control. Bank does not warrant that Online Banking or On-line Financial Services will be available at all times. When unavailable, you may use an automated teller machine ("ATM") or call our office to conduct your transactions. An On-line Financial Service transaction initiated prior to 4 PM (Pacific Time) on a banking day is posted to your account the same day.
Fees and Charges
There is currently no charge for the use of the On-line Banking described in this Agreement. There may be charges to use our other On-line Financial Services.
You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Online Banking or On-line Financial Services. You may not gain, or attempt to gain, access to any Online Banking and/or On-line Financial Service server, network or data not specifically permitted to you by Bank or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Bank or its suppliers.
Accessing the Service
When you complete your internet banking enrollment form, you will be given an opportunity to request a Subscriber I.D. and Password. You will use the User ID, password and PassMark to access both the Internet Banking product and the Bill Pay product.
Each time you access the Service, you will be asked to enter your User ID and Password. The correct responses will give you access to the Service.
Inactive or Dormant Accounts
If your account becomes inactive or dormant, we may restrict access to online banking.
Neither Bank nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibit withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow. commits fraud or violates any law or regulation in connection with Online Banking or On-line Financial Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of Online Banking or On-line Financial Services; (ix) you knew that Online Banking and/or the On-line Financial Services were not operating properly at the time you initiated the transaction or payment; (xi) there is postal delay; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
You should notify us immediately if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account(s). If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us. or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.
When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you. However, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or international transaction. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.
Electronic Mail (E-mail)
Sending E-mail is a very good way to communicate with Bank regarding your accounts or the On-line Financial Services. However, your e-mail is actually sent via your own software and, as a result, may not be secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Bank. You cannot use e-mail to initiate On-line Financial Service transactions. All such transactions must be initiated using the appropriate functions within the Online Banking site. Bank will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
Links to other Sites
Information that Bank publishes on the World Wide Web may contain links to other sites and third parties may establish links to Bank's site. Bank makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing. Bank does not endorse the products or services offered by any company or person linked to this site nor is Bank responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.
Bank is not responsible for any electronic virus that you may encounter using the On-line Fund Services. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.
Bill Payment Services
This is your bill paying agreement with Premier Business Bank. You may use the Bank's bill paying service, Bill Pay, to direct Bank to make payments from your designated checking (account) to the Merchants you choose in accordance with this agreement. The terms and conditions of this Agreement are in addition to the Account agreements. disclosures and other documents in effect from time to time governing your Account (the Account Rules).
"You" or "your" means each person who signs the bill paying enrollment form or is otherwise authorized to use the Service. "Merchant" means anyone, including the Bank, you designate and the Bank accepts as a payee.
Bill Payment Services are subject to the Bank’s current Schedule of Fees. Some Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations.
How To Set Up Merchants/Payments
When you sign onto the bill pay system you will establish your list of Merchants by selecting the Add button on the Set up Accounts and Payee screen. You may add a new fixed payment for any Merchant but only if they are on your authorized list of payees. If the Merchant is not set up for electronic payments, the service will generate a paper check for payment. The check will carry your account number and will clear directly through your account. A unique check number will appear on your statement for easy recognition. The Bank reserves the right to refuse the designation of a Merchant for any reason.
The Bank is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant or if you attempt to pay a Merchant that is not on your Authorized Payee list.
The Bill Paying Process
The Bank will process variable payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by the Bank, which is currently 1 :00 p.m. PST. Variable bill requests received after the business day cut off time, or at any time on a non-business day will be processed on the next business day. The Bank reserves its right to change the cut-off time by giving you notice if it changes.
For recurring payment requests, if you designate a processing date of the 28th through the 31st of a month, you must select the option of "last business day" for processing to be always initiated on the last calendar day of the month. Otherwise, recurring payment requests will be processed on the dates you have designated, unless such date falls on a non-business day resulting in your payment being processed on the next business day.
You must allow at least five (5) business days, prior to the due date, for each bill payment (recurring or variable) to reach the merchant. It is the responsibility of the subscriber to schedule/activate recurring payments. Due to circumstances beyond our control, some Merchants take longer to post payments than others. We suggest sending your first payment eight (8) business days in advance of the Due Date. After your first payment has posted you will have a better understanding of how much time to allow for each Merchant. You must select a Payment Date that is at least five (5) business days before the actual Due Date reflected on your Payee statement. If your actual Due Date falls on a non-business day you must select a Payment Date that is at least one business day before the actual Due Date. Payment Dates should be prior to any late date or grace period.
When you have scheduled a payment, you authorize the Bank to debit your Payment Account and remit funds on your behalf. You certify that your Payment Account is an account from which you are authorized to make payments and any payment you make will be debited from this account. You also authorize the credit of returned payments from using the Bill Pay Service.
The Bill Pay Service will incur no liability and a Service Guarantee shall be void if the Bill Pay Service is unable to complete any payments initiated because of any of the following:
- You have not provided the Bill Pay Service with the correct payment account information, or the correct name, address, phone number, or account information for the Merchant upon initiation of the payment; and/or,
- Circumstances beyond the control of the Bill Pay Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bill Pay Service has taken reasonable precautions to avoid those circumstances;
- The payment-processing center is not working properly and you know or have been advised by the Bill Pay Service about the malfunction before you execute the transaction;
You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all Bill Payments requested, as well as, any other payment obligations you have to the Bank. The Bank reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and the Bank has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand. You further agree the Bank, at its option, may charge any of your accounts with the Bank to cover such payment obligations.
The Bill Pay Service reserves the right to select the method in which to remit funds on your behalf to your Merchant.
Any Bill Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a fee to stop the bill payment. A stop-payment order must be given in the manner required by law and must be received in time to give us a reasonable opportunity to act on it before our stop-payment cut-off time. Our stop-payment cut-off hour is one hour after the opening of the next banking day after the banking day on which we received the check or Automatic Clearing House (ACH) transaction. Additional limitations on our obligation to stop-payment are provided by law. A stop-payment order must be in writing, or if oral, the stop-payment order must be confirmed in writing within 14 days. The stop payment order will expire at the end of 14 days unless you give us written notice of the stop payment order. A stop-payment order must precisely identify the date and amount of the item, the payee and the name of the person who signed the check. We use a computer system to identify stop payments. Therefore. if you give us the wrong amount, we may pay the check. We charge you a stop-payment order fee to place a stop-payment. The stop-payment order expires after six months, unless you renew it. If the check or ACH is presented for payment after the order expires, we may pay the item. (In some cases. we may pay a check or ACH even if a stop-payment order is in effect. For example, if a banking office of this bank, without notice of your request, cashes a check that you have asked us to stop, we may still pay the check. We will honor a stop-payment request by the person who signed the particular item and, by any other person, even though such other person did not sign the item, if such other person has an equal or greater right to withdraw from this account than the person who signed the item in question). A release of the stop-payment request may be made only by the person who initiated the stop payment.
If we pay a check or ACH, which has a valid stop payment order on it with correct information, we may be responsible to you up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/or other holder of your check or ACH. You also agree to cooperate fully with us in any legal actions that we subsequently take against such persons. Anyone holding the check or ACH, including the Bank, may be entitled to enforce payment against you despite the stop payment order. You agree to indemnify, defend and hold us harmless from all costs (except attorneys' fees), actions, damages, claims and demands related to or arising from our action in stopping payment on the check or ACH.
In using the Service, you understand that the Service and/or the United States Postal Service may return payments for various reasons, such as, but not limited to, the Service account number is not valid; the Service is unable to locate account; or Payee account is paid in full. The Service will use its best efforts to research and correct the returned payment, or void the payment and credit your Payment Account. You may receive notification from the Service.
Office of Foreign Asset Control
Under the Bank Secrecy Act, the Bank is prohibited from transacting business with persons or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons or entities blocked by OFAC.
You are solely responsible for controlling the safekeeping of, and access to, your password. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person's authority, you must notify the Bank and arrange to change your password. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. The Bank is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. The Bank is not liable for any failure to make a Bill Payment if you fail to promptly notify the Bank after you learn that you have not received credit from a Merchant for a Bill Payment. The Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Bank's agent. In any event, the Bank will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Bank has knowledge of the possibility of them. The Bank is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Bank's reasonable control.
Amendment And Termination
The Bank has the right to change this Agreement at any time by notice mailed to you at the last address shown for the Account on the Bank's records, by posting notice in branches of the Bank, or as otherwise permitted by law.
The Bank has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to the Bank. The Bank is not responsible for any fixed payment made before the Bank has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by the Bank on your behalf.
Damages and Warranties
In addition to the terms previously disclosed, Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney's fees, interest or other damages, whether direct, indirect. special, punitive, incidental or consequential, (collectively, "Losses") caused by Online Banking or the use of the On-line Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Bank or one of its suppliers. In addition, Bank disclaims any responsibility for any electronic virus (es) Customer may encounter after installation of such software or use of Online Banking or the On-line Financial Services. Without limiting the foregoing, neither Bank nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Bank and its suppliers provide Online Banking and the On-line Financial Services from their own sites and they make no representation or warranty that any information, material or functions included in Online Banking or the On-line Financial Services are appropriate for use by you in your jurisdiction. If you choose to use Online Banking and/or the On-line Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online Banking, the On-line Financial Services, or contained in any third party sites linked to or from Bank's web site. BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING, ON-LINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. BANK DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Customer shall indemnify, defend and hold harmless Bank and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer's negligence; (ii) Customer's failure to comply with applicable law; or (iii) Customer's failure to comply with the terms of this Agreement.
Due to the likelihood of irreparable injury, Bank shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.
Termination and Changes in Terms
Bank reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site.
Applicable Rules, Laws, and Regulations
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of California, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Los Angeles County, California, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney's fees, costs, and expenses.
Bank may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Bank.
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Bank, this Agreement will control.
Bank shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Bank of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials. transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party's control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.