Online Banking Enrollment Agreement
This ONLINE BANKING AGREEMENT AND DISCLOSURE ("Agreement") governs your ability to view information regarding your accounts with Open Bank and to conduct certain transactions on these accounts, including funds transfers and bill payments, using either the Online Banking or Online Banking with Bill Pay (each a “Service” and together the “Services”). In this Agreement, the words “we,” “us,” “our,” and “Bank” refers to Open Bank, “you,” “your,” or “client” refers to each person or business with an interest in accessing their account(s) using the Service. By enrolling in and using the Service described in this Agreement, or by you authorizing others to use the Service to conduct transactions on your account(s), you acknowledge that you have read, understood, and agree to the terms of this Agreement and its associated fees. You agree to the terms and conditions of any amendment to this Agreement if you continue to use the Service after receipt of the amendment. Clients using Cash Management Services are governed by a separate agreement.
ACCOUNT REQUIREMENTS. In order to subscribe to Online Banking, you must have at least one account with us designated on the Agreement. You may access other checking accounts, savings accounts, money market accounts, certificates of deposit, and loan accounts you have with us (collectively the "Accounts"), if allowed. Use of the Services will be subject to the Deposit Account Agreement and Disclosure, any loan agreement for each Account, or other Account Service Agreements (the "Account Agreements").
WAIVER OF REQUIREMENT FOR TWO SIGNATURES. Clients recognize that any requirement of verifying two signatures on checks, if such a requirement exists, does not apply to this service, including electronic or telephone transfers, and release Bank from liability when making such transfers or payments. This means that any person who is authorized to act as a signer on your account shall be authorized by you to individually make electronic or telephonic transfers, including online bill payments from your account, even though that person's authority to transfer or withdraw funds from your account by some other means (e.g., by check) must be exercised jointly with one or more other persons.
ACCESS. To use the Services, you must have at least one account with our Bank and access to Internet service. Your browser must have encryption capabilities at a minimum 128-bit level. You will need a modem with a minimum speed of 28.8 kilobits per second (Kbps). You are responsible for the set-up, compatibility and maintenance of your computer and modem and agree that we are not responsible for such set-up, compatibility or maintenance.
AVAILABILITY OF SERVICE. The Services will be accessible 24 hours a day, seven days a week. The Services may be inaccessible for a reasonable period of time for system maintenance. The Services may also be unavailable due to Internet access interruptions, equipment problems or other disruptions to service. We shall not be liable under this Agreement for failure to provide access for any reason. Your access to the Services shall be determined in the sole discretion of the Bank. Subject to applicable law, the Bank reserves the right to modify, suspend, or terminate access to the Services at any time and for any reason without notice or refund of previously incurred fees, if any.
ACCESS ID AND PASSWORD. Each authorized user of Online Banking service has an Access ID and a Password. We may, at the Bank’s discretion, change the parameters for the password used to access Online Banking without prior notice to you, and if we do so, you will be required to change the password the next time you access Online Banking. You agree to: 1) Keep your password(s) secure and strictly confidential; 2) Instruct each person to whom you give your password(s) that he or she is not to disclose it to any unauthorized person; 3) Immediately notify us and select a new password(s) if you believe your password may have become known to an unauthorized person(s). Any person having access to any of your Passwords will be able to access the Service and perform transactions, including reviewing Account information and making transfers to other Accounts and, if Bill Pay is selected, to third parties. We recommend, and reserve the right to require, that you change your Passwords from time to time for security reasons. Neither Open Bank nor any of its service providers will ever ask you for your password and you should never give it to anyone. You agree that the Passwords constitute a "commercially reasonable" security procedure for the verification of the authenticity and accuracy of transactions initiated through the Services. You authorize us and our service provider to rely and act upon any transaction or inquiry initiated through the Services using the Password(s) and agree to be responsible for any such transaction or inquiry that is processed in good faith.
BUSINESS DAYS. Our "Business Days" are Monday through Friday, excluding federal holidays.
FUND TRANSFERS - AUTHORIZATION. You may transfer funds between your Accounts that are checking, savings or money market deposit accounts in any amount. When you request a fund transfer using Online Banking, you authorize us to follow the transfer instructions and transfer the funds from the designated originating Account to the designated recipient Account. The "Processing Date" is the date that the fund transfer is actually made and is normally the day you request such transfer. However, if our data processing system is not functioning or accessible for whatever reason, your funds transfer may not be completed until the next day. We deduct the amount of your fund transfer from the designated originating Account on the Processing Date. We may refuse to act on your fund transfer instruction if there are insufficient funds, including funds available under any overdraft or line of credit plan that are not available in your Account on the Processing Date. Funds transferred to the designated recipient Account will be deemed deposited on the Processing Date and will be available thereafter in accordance with our funds transfer availability policy.
ACCOUNT INFORMATION. The Account balance shown will be current as of the most recent update. The Account balance may reflect deposits still subject to collection or verification by us (and subject to being reversed) and may not reflect deposits or loans in progress, outstanding checks or payments, or other withdrawals, payments, credits, or charges.
BILL PAYMENTS. You may use the Bill Pay link to pay bills, once you are approved for the service. This service is offered by CheckFree Services Corporation. We assume no obligation, and make no representation or warranty, in connection with such services or the parties that offer them. Your contract will be directly between you and the third party service processor; we are not a party to that agreement. In order to subscribe to Open Bank’s Online Banking with Bill Pay Service ("Bill Pay") or Small Business Bill Pay, you must have previously enrolled as an Online Banking user and separately enroll for the Bill Payment service. You must have an Open Bank checking account to use the Bill Pay service. The following terms and conditions apply, as appropriate, to your use of Online Banking and to Online Banking with Bill Pay.
LIMITS OF TRANSFERS FROM ACCOUNTS. Federal regulations limit the number of certain types of transfers from savings and money market accounts. Bill Pay is not allowed from a money market account or savings account. Money market and savings accounts are limited to six pre-authorized or automatic electronic fund transfers and telephone transfers, checks, drafts, and debit card transactions, per month or statement cycle. Each fund transfer through Online Banking from your savings or money market deposit Account is counted as one of the six transfers you are permitted each month or statement cycle. Your ability to transfer funds from certain Accounts is also subject to the Account Agreements. You should refer to these agreements for legal restrictions and service charges applicable for excessive withdrawals and transfers.
FEES. You agree to pay fees and charges assessed by the Bank for use of the Services as established from time to time according to the Bank's current fee schedule. See our current Schedule of Fees that is available at any branch. You authorize the Bank to debit your Checking or Savings Account each month to obtain payment of applicable fees. You agree that such fees will be fully earned and non-refundable at the time payment is obtained. If sufficient funds are not available in your account to pay all such fees, you agree to immediately deposit funds to cover such fees or otherwise reimburse the Bank upon request. The monthly fees for Bill Pay service are in addition to the service fees for insufficient funds and stop payments described above and to other Bank fees and charges that apply to your Accounts. Please see our Schedule of Fees for more information. Third parties, such as Internet service providers and Payees, may impose other charges for which you are solely responsible.
AUTHORIZED USE OF SERVICE. You are responsible for keeping your password and Account data confidential. We and our service providers are entitled to act on instructions received using your Codes, and you agree that the use of your password will have the same effect as your signature authorizing the transaction or request for information. If you authorize other persons, including, without limitation, Designated Users for Business accounts, to use any of your passwords for any purpose or in any manner, your authorization shall be considered unlimited in scope, amount and manner and (to the extent permitted by applicable law) shall extend to such persons' designees, until you have notified the Bank in writing that you have revoked the authorization and changed your password. You are responsible for any transactions made by such persons or their designees until you notify the Bank that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your password.
LINKING AND DISPLAYING ELIGIBLE ACCOUNTS. If you enroll for the Service, certain eligible Accounts on which you are an owner, delegate of the owner, eligible beneficiary, or authorized signer may be linked and displayed. You should do this only if you are authorized to link the accounts of the different businesses and to use all the functions of Online Banking for each business. You certify that you own 50% or more of the business and you have the authorized to link the accounts. Eligible Accounts that are linked together will appear on your Account Summary page on the website without regard to who else may have an ownership interest in each eligible account. However, consumer accounts and business accounts will not be linked unless you own all eligible accounts. You further agree to inform the Bank if your authority over any linked account decreases. The Bank is not liable if your authority over any account decreases until it is informed of the change in authority. If you have access to an account for which you are not authorized to conduct transactions, you must immediately notify the Bank and you will be liable for any unauthorized transactions on that account.
TERMINATION. Your enrollment in Online Banking or Online Banking with Bill Pay will remain in effect until terminated by you or the Bank. Termination will not affect your liability or obligations under this Agreement for transactions that have been processed on your behalf. Termination will apply only to Online Banking or Online Banking with Bill Pay and does not terminate your other relationships with us.
* BY YOU. You may terminate your use of Bill Pay at any time by contacting Check Free. Your notice must be received at least ten (10) days prior to the date on which you wish to have Bill Pay terminated. You may be required to put your request in writing. If you have scheduled bill payments with a Processing Date within this ten-day period, you also must separately cancel those bill payments. If you have not otherwise canceled a bill payment, you will be responsible for each bill payment with a Processing Date during the ten (10) days following receipt of your written notice of termination. Your notice of termination will be confirmed by mail. You may terminate your use of Online Banking service at any time by contacting us at the address below.
* BY BANK. We may terminate your use of Online Banking or Online Banking with Bill Pay, in whole or in part, at any time without prior notice. We will try to notify you in advance, but we are not obligated to do so. If your Bill Pay Service is not used for three consecutive months we reserve the right to cancel your Bill Pay Service.
WARRANTIES AND LIMITATION OF LIABILITY. We make no warranties of any kind, expressed or implied, including any implied warranties of fitness for a particular purpose or merchantability or non-infringement of third party rights, in connection with the Services. We cannot and therefore do not warrant that the Services will operate without errors, or that any or all of the Services will be operational and available at all times. You agree that the Bank is not responsible for any error, damage or other loss you may suffer due to the malfunction or misapplication of any software or system you use, including, without limitation, any web browser, any Internet service provider, or any equipment you may use, including, without limitation, telecommunications facilities, computer hardware and modem. You agree, to the extent allowed by law and except as provided elsewhere in this Agreement, that our officers, directors, employees, agents or contractors shall not be liable for any indirect, incidental, special or consequential damages as a result of use of any services or products provided under this Agreement or by reason of your use of or accessing the Services, including loss of profits, revenue, data or use by you or any third party, whether in any action at law based on contract, tort or warranty. In no event shall the liability of the Bank and its affiliates exceed the amounts paid by you for the Services.
DISCLOSURE OF ACCOUNT INFORMATION. We will disclose information about your Accounts or the transfers you make:
* If we have entered into an agreement with another party to provide any Service. In this case, We will provide that party with information about your Account, your transfers and your communications with the Bank in order to carry out your instructions;
* If it is necessary for completing transfers or otherwise carrying out your instructions;
* In order to verify the existence and conditions of an Account for a third party, such as a credit bureau, or any holder of a check issued by you or on your behalf;
* In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information;
* If you otherwise give the Bank your permission; or
PERIODIC STATEMENTS. All of your fund transfers made through the Services will appear on the periodic statement for each Account, as applicable. The Payee name, payment amount, and transaction date will be reflected for each bill payment made through Bill Pay. You agree that the Bank will not furnish you any other notice of fund transfers you initiate.
AMENDMENTS. You agree to be bound by any amendments or modifications to this Agreement after notice has been sent to you at your last known address contained in our records, or upon our posting of such notice in the lobby of our branch offices or on our website. Where prior notice of a change in terms is required by applicable law, the Bank will send the notice to you in the required number of days in advance of the effective date of the change. If you do not agree to the change or amendment, you must notify the Bank prior to the effective date of the change or amendment and cancel your access to the Services. Failure to cancel the Services by the effective date or use of the Services after the effective date shall conclusively constitute your acceptance of the change.
ELECTRONIC COMMUNICATIONS. You agree that the Bank may send all notices, disclosures, amendments and other communications regarding this Agreement or the Services to you by electronic mail. You further agree that procedures and requirements of the Services may be incorporated as part of our website and communicated to you through the Services. To the extent permitted by Applicable Law (as defined below), you agree that each communication will be binding and enforceable to the same extent as if it were delivered to you in writing by mail or in person.
ENTIRE AGREEMENT - NO WAIVER. This Agreement is the complete and exclusive agreement between you and the Bank related to the Services and supplements any other agreement or disclosure related to your Accounts, and there are no other understandings or agreements relative hereto which are not fully expressed herein. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts, or any statement by our employees or agents, or any service provider, this Agreement shall control with respect to the Services. No delay or omission by Bank in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. No waiver shall be valid unless in writing signed by the Bank.
GOVERNING LAW - COMPLIANCE. This Agreement shall be governed by and construed in accordance with the laws of the United States, and to the extent not inconsistent therewith, the laws of the state of California, without regard to that state's rules regarding conflict of laws (collectively, "Applicable Law"). You agree that you will use the Services only in accordance with applicable law.
OWNERSHIP OF WEBSITE. The content, including, without limitation, all information, text, graphics, and design, of our website is the property of and copyrighted by Open Bank, and any unauthorized use, reproduction, linking or distribution of any part of the website is strictly prohibited.
ERROR RESOLUTION. In case of errors or questions about your electronic transfers, call us at the number or write us at the address described below as soon as possible, if you think your statement or receipt is wrong or if you need more information about an electronic transaction. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
* Tell us your name and account number.
* 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.
* Tell us the dollar amount of the suspected error.
In addition, it would be helpful if you provide us with any supporting documentation related to the error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
Tell us AT ONCE if you believe any of your accounts have been accessed, your Password(s) has been lost or stolen, or electronic transactions have been processed without your permission. Telephoning is the best way to keep your possible losses down. You could lose all the money in your account plus available credit on your overdraft line. You should notify us immediately if you believe any of your password(s) have been lost or stolen or that someone has transferred or may transfer money from your account without your permission. You can contact us at the telephone, address, or email below.
FOR CONSUMER ACCOUNTS ONLY. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. However, if we need more time, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days in some cases for Visa Debit Card transactions) for the amount you think is in error, so that you will have 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. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will notify you of 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 request for copies of the documents that we used in our investigation.
* If you tell us within two (2) business days, you can lose no more than $50 if someone used any of your Password(s) without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of any of your Password(s), and the Bank can prove that we could have stopped someone from using your Password without your permission if you had told us in time you could lose as much as $500.
* Also, if your statement shows transfers that you did not make, contact the Bank at once. If you do not report unauthorized transactions that appear on your periodic statements within 60 days after the statement was mailed or electronically transmitted to you, you may not get back any money you lost after the 60 days if the Bank can prove that we could have prevented the unauthorized use had we been notified within this 60 day period.
* If a good reason (such as a long trip or a hospital stay) kept you from notifying the Bank, we will extend the time period to a reasonable time.
OUR REPONSIBILITIES. We are responsible for completing funds transfers from your eligible account(s) according to your properly entered and transmitted instructions. However, we are not responsible for confirming such information, monitoring or refusing to process duplicate payment instructions. You are responsible for any damages such as late fees that you may incur as a result of a payment. We are not liable if:
* Through no fault of our own, you do not have sufficient funds in your Account to make the transfer, credit card payment or bill payment;
* The transfer, credit card payment or bill payment causes your account balance to exceed any credit arrangement you have with us;
* Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, interruption of telephone or Internet service or telecommunication facilities, or natural disaster) prevent or delay the transfer, despite reasonable precautions taken by us;
* The funds in your Account were subject to legal process, an uncollected funds hold or are otherwise not available for withdrawal;
* Your account is closed, inactivated, frozen, or blocked;
* You have not properly followed the instructions for using the Services or any software;
* You, or anyone you allow to use the Services, commit fraud or violate any law or regulation;
* You have not provided us with correct instructions, including without limitation the name, address, account number, and payment amount;
* Your operating system or software was not properly installed or functioning properly;
* You are unable to access your Account or the Services due to Internet facility or service provider delays or other problems; or
* Any electronic terminal, telecommunications device, or any part of the system or any software was not working properly and you knew about the breakdown when you started the transfer.
* Any other exceptions stated in the Deposit Account Agreement.
Address: Open Bank, Attn: Operations Administration Department, 1000 Wilshire Blvd, Suite 500, Los Angeles, CA 90017
E-mail: email@example.com (NOTE: E-mail to any other address shall not be considered notice to us)
Telephone: (213) 892-9999