Internet Banking Agreement
AGREEMENT AND DISCLOSURE
This CBB Bank Internet Banking Agreement and Disclosure ("Agreement") is the contract which covers your and our rights and responsibilities concerning the CBB Bank Internet Banking services offered to you by CBB Bank ("Bank"). The CBB Bank Internet Banking service permits you to electronically initiate account transactions involving your accounts and communicate with the Bank. In this Agreement, the words "you", "your" and "yours" mean those who request and use CBB Bank Internet Banking, any joint owners of accounts accessed under this Agreement or any authorized users of this service. The words "we," "us," and "our" means the Bank. The word "account" means any one or more accounts you have with the Bank. By requesting and using the CBB Bank Internet Banking service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments to the Agreement.
CBB BUSINESS BANK INTERNET BANKING SERVICE
Account Access. Upon enrollment for the CBB Bank Internet Banking, you may use your personal computer to access your accounts. You must use your ACCESS ID along with your PASSWORD to access your accounts. The CBB Bank Internet Banking service is accessible seven (7) days a week, twenty-four (24) hours a day through the Internet (World Wide Web). You will need a personal computer, and access to the Internet. You may also need an internal/external modem and an Internet Service Provider (ISP). You are responsible for the installation, maintenance and operation of any software and your computer. Also you should update your version of web browser as often as possible for your protection. The Financial Institution will not be responsible for any errors or failures involving any items not within our control such as telephone service, Internet service, software installation or your computer.
Types of Transactions. At the present time, you may use the CBB Internet Banking service to:
- Transfer funds between your checking, money market, and savings accounts.
- Review account balance, transaction history and tax information for any of your checking,
- savings, certificates or loan accounts.
- Download some of your account information to financial management software programs like Quicken ® or Microsoft ® Money, if applicable.
- Conduct other transactions permitted by the Bank.
Transactions involving your deposit accounts will be subject to the terms of your account agreement and disclosures, as applicable.
Service Limitations. The following limitations on CBB Bank Internet Banking transactions may apply in using the services listed above:
1. Transfers. You may make funds transfers to your other accounts at CBB Bank as often as you like. However, transfers from a savings or a money market account will be limited to a total of six (6) in any one month respectively. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The Bank reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. Fund transfers completed on bank business days before the daily cut-off time of 8:00 PM Pacific Standard Time will be credited to your account on the same day. Transfers completed after the cut-off time of 8:00 PM (PST) or on non-business days will be credited to your account the following business day.
2. Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for ATM transactions and our Funds Availability Policy. The download of account information will be limited by the software that you have on your computer. The bank will not be responsible for support for any version of Quicken® or Money® that you may have installed on your computer.
3. E-Mail. The Bank may not immediately receive E-mail communications that you send. The Bank will not take action based on E-mail requests until the Bank actually receives your message and has a reasonable opportunity to act. If you need to contact the Bank immediately regarding an unauthorized transaction or stop payment request, you may call the Bank at the telephone number set forth in the Liability for Unauthorized Access section.
SECURITY OF ACCESS CODE. The access code ("Access ID") and password (PIN) issued to you is for your security purposes. The access code is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access code and password. You agree not to disclose or otherwise make your access code available to anyone not authorized to sign on your accounts, which may include members of your household. If you authorize anyone to use your access code that authority shall continue until you specifically revoke such authority by notifying the Bank . If you fail to maintain the security of the access code and the Bank suffers a loss, we may terminate your CBB Bank Internet Banking and account services immediately. You may change the password that the Bank assigns to you to one of your own choosing. Please change you password on a periodic basis for your protection. Multiple failed attempts will block out your account until released by the bank. Access codes that are unused for 60 days will be permanently deleted; you may have to re-apply to re-activate your account.
LIABILITY FOR UNAUTHORIZED ACCESS. You are responsible for all transfers, and stop payments that you authorize under this Agreement. If you permit other persons to use the CBB Bank Internet Banking service or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your access code or accessed your accounts through CBB Bank Internet Banking without your authorization. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2) business days, you can lose not more than fifty dollars ($50.00) if someone accesses your accounts without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or access code, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as five hundred dollars ($500.00). In any event your liability for unauthorized line of credit transactions through CBB Bank Internet Banking is fifty dollars ($50.00).
Also, if your statement shows CBB Bank Internet Banking transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty days (60) if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.
If you believe that someone has used your access code or has transferred or may transfer money from your account without your permission, call the Financial Institution at:
or write the Bank at:
Commonwealth Business Bank
3435 Wilshire Blvd., Suite #700
Los Angeles , CA 90010
BUSINESS DAYS. Our business days are Monday through Friday excluding federal banking holidays, as published by the Federal Reserve Bank of San Francisco.
*For your protection, sign off after every internet banking session and close your browser to ensure confidentiality.
FEES AND CHARGES. There are certain charges for CBB Bank Internet Banking services as set forth on the Bank's Fee Schedule. From time to time, the charges may be changed. We will notify you of any changes as required by law. Currently you will be charged a fee for using the Check Re-order feature or the Stop Payment feature. Excessive transfers from a Savings account may also incur additional charges.
PERIODIC STATEMENTS. Transfers and withdrawals transacted through CBB Bank Internet Banking will be recorded on your periodic statement. Most Checking, and Money Market accounts will receive statements on a monthly basis. Most Savings accounts will receive a statement on a quarterly basis, unless there are certain types of transactions in that month; then you will receive a monthly Savings statement.
BANK'S 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 and the instructions you transmit, we will be liable for your actual losses or damages. However, the Bank will not be liable:
- If, through no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed, or the transaction amount would exceed your limit on a particular account, if applicable.
- If you used the wrong access code or you have not properly followed any applicable computer, Internet Access, or Bank user instructions for making transfer and bill payment transactions.
- If your computer fails or malfunctions or the CBB Bank Internet Banking service was not properly working and such problem should have been apparent when you attempted such transaction.
- If circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction.
- If the funds in your account are subject to an administrative hold, legal process or other claim.
- If you have not given the Bank complete, correct and current instructions so the Bank can process a transfer.
- If the error was caused by a system beyond the Bank's control, such as your Internet Service Provider.
- If there are other exceptions as established by the Bank from time to time.
TERMINATION OF CBB BANK INTERNET BANKING SERVICES. You agree that we may terminate this Agreement and your use of the CBB Bank Internet Banking services if you or any authorized user of your account or access code breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your account or access code.
You or any other party to your account can terminate this Agreement by notifying us in writing to the address set forth above in the Liability for Unauthorized Access section. Termination of service will be effective the first business day following receipt of your written notice. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
The Bank reserves the right to change the terms and conditions upon which this service is offered. The Bank will mail notice to you at least twenty one (21) days before the effective date of any change, as required by law. Use of the CBB Bank Internet Banking service is subject to existing regulations governing your accounts and any future changes to those regulations.
BILLING ERRORS. In case of errors or questions about your CBB Bank Internet Banking transactions, telephone us at the phone number or write to us at the address set forth above in the Liability for Unauthorized Access section as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.
- Tell us your name and account number(s).
- Describe 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.
- Tell us the dollar amount of the suspected error.
- Other information such as transaction date, time or location, if available.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) calendar days. We will determine whether an error occurred within ten (10) business days after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the funds 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 fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days in place of ten (10) business days. If a notice of error involves an electronic fund transfer that was initiated in a foreign country or occurred within thirty (30) days after the first deposit to the account was made, the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days.
ENFORCEMENT. You agree to be liable to the Bank for any liability, loss, or expense as provided in this Agreement that the Bank incurs as a result of any dispute involving your accounts or services. You authorize the Bank to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of California where you opened your account. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement between us.