Personal eBanking Service Agreement & Disclosure

Commercial Bank of California

Personal eBanking Service Agreement and Disclosure

Effective December 18, 2006

 

Introduction

This Personal eBanking Service Agreement and Disclosure ("Agreement") sets forth your and our rights and responsibilities concerning the use of the internet banking services ("Services") described at Section D, below.  The Services allow you to perform a number of banking functions through the use of a personal computer and the Internet.  This Agreement also establishes the terms and conditions for electronic access to the Internet Banking System ("System").  When you use any of the Services described in this Agreement, you agree to the terms and conditions of this Agreement.

For purposes of this Agreement, the words "you," "your," "User," "Customer," and other similar terms refer: (i) to each person who applies for the Services and to anyone you authorize to use the Services via the System; or (ii) to the account holder named on the Internet Registration Form and anyone else authorized by that account holder to exercise control over account holder's funds through the System.  The words "we," "our," "us," "Bank" and other similar terms mean Commercial Bank of California.  The word "account" means your account(s) with us.  The word "may," when used in reference to us, means at our option and sole discretion.  Action (or inaction) that we "may" take is authorized by you and allowed to us, but is not required.  You agree we will not be liable for any action taken or any failure to act when action or inaction is at our discretion.  "Electronic fund transfers" means preauthorized transactions, Bill Pay and other electronic transfers to and from your account(s) held with us using the System.

You agree to use our Services for consumer transactions only.  A "consumer transaction" means the use of our Services to electronically transfer funds to or from a consumer account.  A "consumer account" is an account of yours that is established primarily for personal, family or household purposes.  A "non-consumer transaction" means the use of the Services for any purpose that is not a consumer transaction (for example, to transfer funds to or from a business account or any account that is not a consumer account) and in addition includes (to the extent allowed by law): (i) any transfer of funds through Fed wire or similar wire transfer system; (ii) any transfer of funds the primary purpose of which is the purchase or sale of a security or commodity; and (iii) any other use of the Services if the use is not covered by the Electronic Fund Transfer Act and its implementing Regulation E.  Some provisions of this Agreement do not apply to non-consumer transactions, as shown below. 

All times provided in this Agreement are based on the local time of the Bank.

Other Agreements

Your use of the Services may also be affected by other agreements between us including, but not limited to, the Personal Account Schedule of Charges; Electronic Funds Transfer; Truth In Savings disclosures and any deposit or loan agreements and account disclosures.  Your use of the Services does not change any other agreement you may already have with us; however, if there is an inconsistency between this Agreement and another agreement, the terms of this Agreement shall control.  You should review those agreements for any applicable fees, for limitations on the number of transfers you can make, and for other restrictions, which might impact the use of your account(s) with the Services.

Using Internet Banking

In order to use the Services, you must register for Internet Account Access and have at least one personal checking account or savings account with us.  This personal checking account will be your primary CBC Internet Banking Service Account.  If you have more than one checking account with us, you must designate one of them as your primary CBC Internet Banking Service Account.  If you do not do so, we may select a primary CBC Internet Banking Service Account for you.  Service fees will be deducted from your primary CBC Internet Banking Service Account or other accounts with us.

To access your account(s) via the Internet, you must have World Wide Web access via a Secure Internet Service Provider ("ISP") and an Internet browser that supports 128-bit encryption.  We do not endorse or provide an ISP. or software or hardware.  Software and ISP requirements may change from time to time and may affect your ability to access the Services.  We are also not responsible for any errors, failures or malfunctions of your computer or software, or for any computer virus or related problems that may occur with your use of the System.  When downloading programs from the Internet, launching e-mails or sharing diskettes, your computer can be infected with a virus.  We encourage you to utilize virus protection software to limit your risk.  We are also not responsible for the actions or inactions of your ISP or for delays in web traffic.

When accessing the System, the browser utilizes encryption technology, which scrambles the transmitted data allowing only the sender and designated receiver to view the information.  When you request information about your accounts or loans, the encrypted request is sent to our service providers or us.  We send our replies back to you in an encrypted format that only you will be able to read on your computer screen.

If you need to upgrade your browser, follow the instructions on how to do this located in the browser's HELP menu.  You can check to see what level of security your browser has within the browser HELP menu.  For digital identity verification, we have a digital server certificate by Verisign that your browser uses each time you sign on to verify that you are connected to us.

After we process your enrollment, and you are approved, we will send you an e-mail confirmation, to the email address provided to us on the Internet Registration Form.  The User ID and Password created on the registration form will be your initial logon information.  For security purposes, you will be required to change your User ID upon your initial login to the System.  We recommend that you create a User ID using a minimum of eight characters utilizing both upper case alpha and numeric characters. As a security measure, you will be required to change your password every 180 days.  A warning of upcoming password change will appear 10 days before expiration.  It is important that you keep your Password confidential to prevent unauthorized use of the System.  Your Password should not be associated with any commonly known personal information, such as social security numbers, address, date of birth or names of children, or found in any dictionary and should be memorized rather than written down.  If you forget your Password, contact our Financial Services Department at 657-289-2550.

You agree that we are entitled to act upon instructions received through the Services under your Password and without inquiring into the identity of the person using that Password.  You agree that you will not, under any circumstances, disclose your Password to any person.  You acknowledge that we will never ask for your Password.  You are liable for all transactions made by the authorized use of your Password and agree that, if you give your Password to anyone, you do so at your own risk since anyone with your Password will have access to your accounts.  At any time, you may ask us to disable your Password to prevent further access by others or for any other reason.

Description of Services ("Services")

You may use the System to:

  • View current balance information and online statements.
  • Review posted transactions for the current and prior statement period.
  • Review upcoming transactions.
  • View imaged checks for the current and previous statements (this does not include Bill Payment checks).
  • View your loan accounts held at Bank.
  • Transfer funds between deposit accounts, with the same exact ownership and vesting, on either a one-time or a recurring basis.
  • Request stop payments on checks written by you.
  • Send us email messages and questions about online banking.
  • View images of paid items.
  • Pay bills (for further details please see the "Bill Payment" section below).

Some of the Services may appear on your screen that have not been approved for you and, therefore, will not be available to you.  Also, we may, from time to time, introduce new Services.  We will update this Agreement to notify you of the existence of these new Services.  By using these Services when they become available, you agree to be bound by the terms and conditions in this Agreement and any updates to it. 

Hours of Access

You can use the System seven days a week, twenty-four hours a day, although some or not all Services may be available occasionally due to emergency or scheduled System Maintenance.  We will use reasonable efforts to post notice of any extended periods of non-availability on the System website.

Account Access

Eligible Accounts and Loans.  The System will allow you to view the following types of accounts held with the Bank: checking, savings, money market accounts, certificates of deposit, loans, and lines of credit.  In addition, you may access the following Services for these accounts (except certificates of deposit and loan accounts):  balance reporting, activity detail, and account-to-account transfers.  If you have a certificate of deposit with the Bank, you will only be able to access the deposit balance reporting function.

 

Online Statements.  Online statements are an online version of your printed statement provided in a PDF format through the System.  You must agree under a separate agreement to activate this service feature.

 

Eligible Account Types.  The online statements are only available for checking accounts, savings accounts, money market accounts and loan accounts that you hold with the Bank and that you are accessing through this Service. 

 

Activating the Online Statement Service.  In order to begin using this feature you must activate the Service during enrollment or after enrollment by logging into the System and selecting "Statements" from the left navigation menu.  Once you agree to the related terms and conditions of using this feature, you will be asked to agree to a Disclaimer and you will receive a separate eStatement Agreement.  Thereafter you will be presented with your available statement history.

 

Required Software.  The file format for the online statement version is PDF, which can only be viewed using the Adobe ® Reader ® software.  For use of this feature, we will support the current version release of Adobe Reader and one prior version.  It is your responsibility to maintain this software for use of this service feature.

 

E-mail Notification.  Each time a new statement is made available for each account, you will be sent an e-mail notification to your current e-mail address on the System.  It is your responsibility to keep your current e-mail address updated within the System.  You will not have the option to turn off e-mail notification while using this service feature.

 

Discontinuing Paper Statements.  The Bank offers the option to discontinue paper statements.  If you elect this feature option, then you understand that you will no longer receive your statements, checks or check images by mail for the account of for any future accounts you may add to the Service.  You understand and agree that any updates or amendments to your account agreement will be provided to you electronically.

 

Discontinuing Online Statements.  To discontinue receipt of online statements for one account or all accounts, you must go to the Accounts area of the System, select Account Preferences and uncheck the box for each account under the eStatements column heading.  If you should choose to discontinue the online statement feature for one account or all accounts, you will receive paper statements through the mail.

Transfers

You can use the System to transfer funds between eligible accounts.  Online transfers may be made 24 hours a day, seven days a week.  All transfers are subject to available funds and will be deducted from your designated account immediately after we receive your request.  A confirmation page will be displayed once your request is submitted.  We must receive your transfer request before 6:00 p.m. on a business day, in order to be displayed as posted to your account on the same business day.  Transfer requests received after 6:00 p.m. or on a non-business day may be treated by us as received on the next business day.  For transfers between deposit accounts, you also have the option of making account transfers by telephone by calling 1-866-4MY-CBC1.  Please note, however, that you cannot use this telephone service for loan account transfers.

Limitations on Transfers and Payments

When you request a transfer between accounts, you authorize us to withdraw the necessary funds from your designated account.  You agree to instruct us to make a withdrawal only when a sufficient balance is available in your account at the time of withdrawal.  If you do not have a sufficient balance, we may refuse to complete the transfer or payment.  In either case, we may charge a non-sufficient funds (NSF) fee.

Money Market and Savings Accounts Limitations

In addition to the limitations elsewhere described, there are frequency limits that apply when transferring funds from a savings or a money market account.  Federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers - including transfers, you request using the Services - from money market deposit and savings accounts.  You may make a maximum of six preauthorized, automatic or telephone transfers per monthly cycle on a savings or money market account.  No more than three of the six may be made by check, draft or debit to third parties, including point of sale ("POS") transactions.  If you exceed these limits, we may close the account, impose a fee as per Schedule of Fees for each transfer that exceeds these limits and/or change the account to a non-interest bearing demand deposit account.  Each transfer or payment you request through the Services from your money market deposit or savings account is counted as one of the six or three limited transfers you are permitted each monthly cycle.

Stop Payment Requests

You can request a permanent stop payment of a paper check through the Service. The system will verify activity for the last 45 days. If a check was issued prior to 45 days, you must review your bank statements to determine that the check has not cleared, prior to placing a stop payment. You can only place a stop payment on a single check number. For a multiple or range of check stop payments, you must contact Financial Services at 657-289-2550, to place the stop payment orders. The Bank imposes a stop payment fee for each request.  Please refer to your current Personal Account Schedule of Charges.

Generally, requests made prior to 4:00 p.m., on business days are processed immediately and those entered on or after 4:00 p.m. or on weekends or holidays are processed the next business day.  If you need to request a change, extension, or cancellation of the request, you must contact Financial Services 1-657-289-2550.

Check Image Access

Once checks have been paid, you are able to view images of the checks that are charged against your accounts (including "substitute checks").  The System maintains a check image history for up to 365 days.  The System is unable to provide an image of a check that is captured electronically by a merchant or other payee, or the image of the document originating a debit charged against your account electronically.

 

Downloading Activity

You are able to download account activity to your Quicken® or Microsoft Money® software or in a CSV format, which is Excel compatible.  The downloaded activity will generally reflect balance and all transaction history up to the close of the prior business day.  To utilize the download function for Quicken or Money, the following software versions are supported:

  • Quicken for Windows and Mac - current version or two years prior
  • Microsoft Money for Windows - current version or two years prior

Quicken or Money is not required to use the Internet Banking Service.  We are not responsible for any problems or errors you have using these or other financial management software programs.  We do not endorse or provide upgrades for the software versions mentioned above.

Bill Payment 


Account Requirements
.   The Bill Payment Service permits you to use the System to make a bill payment from your bill pay account to third parties you wish to pay, subject to the terms and conditions set forth in this Agreement.  Your bill pay account ("Bill Pay Account") is your primary checking account you designated when you registered for Online Account Access.  The Bill Pay Account may not be any Money Market Account, savings account or loan account.  After we receive your bill payment requests, we will make your payment either by: a) transferring funds electronically from your account to the payee; b) electronically debiting your account in order to prepare a check and issuing it payable to the payee (the check will not be drawn on your account); or c) prepare a check drawn on your account and issuing it payable to the payee.

Unless otherwise indicated, these Services will be referred together as the "Bill Payment." 

Payee Information.  Payments made through the Bill Payment Service will be processed using the information you supply.  You are responsible for supplying the correct names and addresses of your payees.  Be sure to enter your billing account number and payee's address as they appear on your invoice or bill when adding payees to the Service.  If the information you give us is inaccurate or incomplete in any way, the Bill Payment may be delayed or misdirected.  We will not be responsible fro any damages you suffering (including interest or late charges) if you do not use the Bill Payment Service correctly in accordance with this Agreement and with any on-screen instructions you may receive.

We are not liable for any actions or non-actions by any third parties, or any other circumstances beyond our control.  We and the other that handle you Bill Payments (including the payee's bank) are entitled to rely on information you supply, such as the payee's account number, even if the name you give to us and the account number you give identify different persons or businesses.

Eligible Payees.  With the Bill Payment Service, you may pay almost any person or merchant with an address in the United States.  We recommend that you do not use the Bill Payment Service to pay alimony, child support, tax and other court-directed or government payments, fines or penalties.

Limitations on Bill Payment.  Any Bill Payment you wish to make through the System must be payable in U.S. dollars to a payee located in the United States except where prohibited by law.  We limit the total of Bill Payments to $9,999.99 per day for any one payment and for the overall total of all payments on any given day.  If your Bill Payments exceed this daily limit, one or more of your Bill Payments (at our option) may be prevented.  From time to time, we reserve the right to restrict payees to whom payments may be made using the Bill Payment Service. 

Payments.  You are able to instruct us to make payments up to one year prior to the payment processing date.  We must receive your payment instructions before 6:00 p.m., on a business day or your payment may be processed on the following business day.  Scheduled payments are processed after 6:00 p.m., on a business day.  For security purposes, we may change Bill Payment limits from time to time.  In addition, the payment address may be modified to accommodate special processing requirements.

Your primary checking account for the Bill Payment Service will be debited for the amount of the payment within two (2) days following the payment processing date unless you select another eligible checking account from which to make your payment.  Even though many Bill Payments you originate are sent electronically to the payee, some Bill Payments are sent by paper check via the U.S. Mail.

You may use the Bill Payment Service to initiate three different types of payment transactions:

  • Scheduled Payments – The Bill Payment Service allows for the processing of a one‑time Bill Payment.  You must schedule your Payment Processing date at least five (5) business days before the payment is due as required by the payee.  When scheduling your payment you should not include any grace period that the payee may allow.
  • Future Dated Payments – The Bill Payment Service allows you to choose any future business day up to one year in advance as a Payment Processing Date for your payments.  You must schedule your Payment Processing date at least four (4) business days before the payment is due as required by the payee.  When scheduling your payment you should not include any grace period that the payee may allow.
  • Automated Recurring Payments – The Bill Payment Service also allows for the processing of recurring Bill Payments.  Recurring payments allow you to request  payments with a fixed frequency and amount be processed on a recurring basis.  Once you have sent us the request for a recurring payment, your payment will be made regularly by us without your further request.  If your payment processing date falls on a non-business day, we will process your payment on our proceeding business day.

 

Bill Payment Scheduling.  You must schedule or transmit payment instructions at least five (5) business days prior to the due date provided by the applicable payee.  If you designate a payment Process Date that is less than five (5) business days before the due date provided by the applicable payee, then it is possible that your payment will not received by the payee before the due date.  We are not responsible for any losses whatsoever that you may incur, including but not limited to late fees, if you fail to designate a timely Payment Process Date.

Bank's Right to Refuse Payment Requests.  We may refuse a Bill Payment request at any time, for any reason or for no reason, including if: 1) you request a non-recurring payment be made more than one year in advance; 2) you request a non-recurring payment be processed on a non-business day; or 3) your request is received on or after the 6:00 p.m., cutoff hour.  If your request is rejected for one of these reasons, you may be notified that your request is an "invalid date."

Blocking the Service.  We reserve the right to block your access to the Bill Payment Service if a Bill Payment request could or does overdraw your account.  If this occurs, call our Financial Services Department at 657-289-2550.

Canceling Bill Payment .  You may cancel any type of Bill Payment request online, by phone or by mail.  If you elect to cancel a Bill Payment online or by phone, your instructions to cancel must be received by 11:00 a.m., on the business day of the Payment Processing Date.  If you elect to cancel a Bill Payment by mail, your instructions to cancel must be received at least three (3) business days or more before the Payment Processing Date.  If you ask us to cancel a Bill Payment and the request is not received by us by the requested time, then you may not be able to prevent the Bill Payment.  If you call to request, we may also require you to put your request in writing.

Stop Payment Request.  The Service’s ability to process a stop payment request will depend on the payment method and whether or nor a check has cleared. The service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Financial Services at 657-289-2550. Although the Service will make every effort to accommodate your request, the Service has no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each bill payment stop payment request will be $25.00.

Signature.  You agree that your Bill Payment request may be charged against and debited from your account without requiring your signature on the item or check and without prior notice to you.

ADDITIONAL TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

Service Definitions
"Service" means the Bill Payment Service offered by Commercial Bank of California, through FIS.

"Agreement" means these Terms and Conditions of the bill payment service.

"Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

"Billing Account" is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Scheduled Payment Date" is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

"Due Date" is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

 

PAYMENT SCHEDULING
Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period.

THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

 

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

  1. If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
  4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.

PAYMENT METHODS
The Service reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.

 

PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

 

STOP PAYMENT REQUESTS
The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

 

PROHIBITED PAYMENTS
Payments to Payees outside of the United States or its territories are prohibited through the Bill Payment Service.

 

EXCEPTION PAYMENTS
Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, misposted or misdirected payments will be the sole responsibility of you and not of the Service.

 

BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

Information provided to the Payee - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill.

Activation - Upon activation of the electronic bill feature the Service may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.

Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification - The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. The Service will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.

Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Payees.

EXCLUSIONS OF WARRANTIES
The Service and Related Documentation are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

 

PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 657-289-2550 during customer service hours.

 

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

 

ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

  1. Telephone us at 657-289-2550 during customer service hours or,
  2. Write us at:

Commercial Bank of California

Cash Management Department

19752 MacArthur Blvd Suite 100                 

Irvine CA 92612

If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:

  1. Tell us your name and Service account number;
  2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
  3. Tell us the dollar amount of the suspected error.


If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

  1. Where it is necessary for completing transactions;
  2. Where it is necessary for activating additional services;
  3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
  4. To a consumer reporting agency for research purposes only;
  5. In order to comply with a governmental agency or court orders; or,
  6. If you give us your written permission.


SERVICE FEES AND ADDITIONAL CHARGES
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

 

FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

  1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
  2. For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
  4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
  5. The Service is authorized to report the facts concerning the return to any credit reporting agency.


ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.

 

ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

 

SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:

  1. Telephone us at 657-289-2550 during customer service hours; and/or
  2. Write us at:

Commercial Bank of California

Cash Management Department
19752 MacArthur Blvd. Suite 100

Irvine CA 92612

Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

PAYEE LIMITATION
The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

 

RETURNED PAYMENTS In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee 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 and return it to your Payee, or void the payment and credit your Payment Account. You may receive notification from the Service.

 

INFORMATION AUTHORIZATION
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification).

 

DISPUTES
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

 

ASSIGNMENT
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

 

NO WAIVER The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

CAPTIONS
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

 

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

Business Days

For purposes of these disclosures, our business days are Monday through Friday.  Holidays are not included.

Fees

There are no fees or charges for using our Internet Banking Service.  However, depending on how you use the Services, you may incur other fees and charges including, but not limited to normal account fees and services charges, any Internet service provider fees and telephone charges.

Confidentiality

We will disclose information to third parties about your account or the transfers you that make:

(1)             where it is necessary for completing transfers, or

(2)             in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or

(3)             in order to comply with government agency or court orders, or

(4)             if you give us written permission.


In addition to the above, we may disclose information about you, your accounts or transfers as otherwise provided in our Privacy Statement, available at www.combancal.com.

Error Resolution   (Note:  The provisions of this Section do not apply to non-consumer transactions).

In Case of Errors or Questions About Your Electronic Transfers: Telephone us at 657-289-2550 or write us at Commercial Bank of California, 19752 MacArthur Blvd, Irvine CA 92612, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. 

We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

(1)             Tell us your name and account number (if any). 

(2)             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.

(3)             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 question.  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 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 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. 

Contact in Event of Unauthorized Transfers

If you believe that your User ID or Password has been lost or stolen call us at 657-289-2550 or write: 

 

Commercial Bank of California

Cash Management Department

19752 MacArthur Blvd. Suite 100
Irvine CA 92612

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

Documentation

Preauthorized credits.  If you have arranged to have direct deposit made to you account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money.

Periodic statements.  You will get a monthly account statement (unless there are no transfers in a particular month.  In any case you will get a statement at least quarterly).

Preauthorized Payments

Right to stop payment and the procedure for doing so.  If you have told us in advance to make regular payments out of your account, you can stop any of these payments.  Here's how:  Call us at 657-289-2550 or write us at 1972 MacArthur Blvd Suite 100, Irvine CA 92612, in time for us to receive your request three business days or more before the payment is scheduled to be made.  If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.  We will charge you $15.00 for each stop payment order you give.

Notice of varying amounts.  If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be.  (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for failure to stop payments of preauthorized transfers.  If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages proximately caused by us.

Bank's Liability (Note:  The provisions of this Section do not apply to non-consumer transactions). 

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, we will be liable for your losses or damages proximately caused by us.  However, there are some exceptions.  We will not be liable, for instance:

(1)             If, through no fault of ours, you do not have enough money in your account to make the transfer.

(2)             If the transfer would go over the credit limit on your overdraft line (if any).

(3)             If the System was not working properly and you knew about the malfunction when you started the transfer.

(4)             If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

(5)             There may be other exceptions stated in our agreement with you.

 

Liability for Unauthorized Use (Note:  The provisions of this Section do not apply to non-consumer transactions.) 

Tell us AT ONCE, if you believe that your User ID or Password has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check.  Telephoning is the best way of keeping your possible losses down.  You could lose all the money in your account (plus your maximum overdraft line of credit if you have one).  If you tell us within two business days after you learn of the loss or theft of your User ID or Password, you can lose no more $50.00 if someone used your User ID or Password without your permission. 

If you do NOT tell us within two business days after you learn of the loss or theft of your User ID or Password, and we can prove that we could have stopped someone from using your User ID or Password without your permission if you had told us, you could lose as much as $500.00.

In addition, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once.  If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 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 hospital stay) kept you from telling us, we may extend the time periods.

Miscellaneous

Client Service Hours - Client service for technical support of the Services is available 8:30 a.m.-5:00 p.m., Monday through Friday. 

E-mail - You can send and receive secure communications to us by using the Message Center within the System.  Messages sent using the Message Center are secure.  If you send e-mail outside the Message Center, it will not be secure.  Do not send personally identifiable private information via unsecured e-mail.  If the matter is urgent or involves sensitive information, please call our Financial Services Department.   You agree not to use Message Center or other e‑mail to request or accomplish a Service. 

Severability.  If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.

Headings.  The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions.

Waiver.  Any waiver (express or implied) by either party of any default or breach  of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.

Assignment.  You may not assign this Agreement.  We may assign this Agreement either in part or in whole at any time and with or without notice to you.  This Agreement is binding upon your heirs and Bank's successors and assigns. 

Entire Agreement.  This Agreement, together with the Internet Registration Form, the other applicable agreements deemed necessary by Bank, from to time to time, to provide the Services pursuant to this Agreement, constitutes the entire agreement between you and Bank with respect to the subject matter in this Agreement and there are no understandings or agreements relative to this Agreement which are not fully expressed in this Agreement.

Change in Terms.  Bank may, from time to time and at any time amend, modify, add or delete (collectively and individually a "change") the terms of this Agreement with or without notice to you unless prohibited by applicable law.  A change may include a change to existing terms, a change in terms, a change that involves a new term or a change that involves conditions not otherwise contemplated by you or Bank at the time this Agreement is entered.  If advance notice of the change is not required, and disclosure does not jeopardize the security of an account or our System, you agree that we may notify you of the change in terms by U.S. mail or by posting a notice on our website.  Further, you agree that your continued use of the Services, constitutes your agreement to the change.  If you wish to decline to be bound by the change, you must terminate the account or discontinue the Service to which the change relates; otherwise, you will be deemed to have accepted and agreed to the change.

Termination.  We reserve the right to terminate this Agreement or limit your use of the System or one or more of the Services at any time and for any reason, as determined by us in our sole discretion.  We also reserve the right to terminate this Agreement at any time, with or without cause and without prior notice.  Examples of when we may terminate this Agreement and the use of the Services without prior notice include, but are not limited to:
 

•                 If you, or any authorized user of your Code, breach this or any other agreement we may have with you;

•                 If we have reason to believe that there has been or may be an unauthorized use of your Code or account(s);

•                 If there is conflicting claims as to the funds in any of your account(s);

•                 If you request us to do so; or

•                 If you do not access the System or use a Service for a period of 180 days or longer.

 

You may terminate your use of the System at any time by giving notice of the termination to us by: (i) faxing us at 714-825-0982 (ii) emailing us through the Message Center; (iii) by calling us at (877) 206-9167 or (iv) by writing us at Commercial Bank of California, 19752 MacArthur Blvd. Suite 100 Irvine CA 92612. 

Your access to the System will be suspended within one business day of our receipt of your instructions to terminate the Services or System.  Termination will not affect your liability or obligations under this Agreement for transactions that have been processed on your behalf.  You will remain responsible for all outstanding fees and charges incurred prior to the date of termination.  Termination will apply only to your use of the System and does not terminate your other relationships with us.

Enforcement.  In the event either party brings a legal action to enforce this Agreement or collects amounts owing as a result of any account transaction, the prevailing party shall be entitled to reasonable attorneys' fees and costs, including fees on any appeal, subject to any limits under applicable law.

Dispute Resolution.  Disputes between you and us under this Agreement that relate to any of your accounts are subject to the Dispute Resolution procedures discussed in your Electronic Funds Transfer Disclosure or other agreements.

Data Storage.  By enrolling for the Internet Banking Service you agree that we may record information and electronic messages (e.g., e-mail) you send to us via our web site or the System.

Notices.   All notices from us will be effective when we have mailed them or delivered them to your last known address on our records.  Notices from you will be effective when received by us at the telephone number or the address specified in this Agreement.  We reserve the right to change the terms and conditions upon which the Services are offered.  We will mail notice to you at least twenty one (21) days before the effective date of any change, provided that is required by law.  As a requirement of being an Internet Banking customer, you agree that we may send any such notice to you either via the secure message system, upon log-on, e-mail, or regular mail, unless otherwise required by law.  Use of the Services is subject to existing regulations governing your account(s) and any further changes to those regulations.

Governing Law.  This Agreement is governed by the laws of the state of California, without regard to its conflicts of laws provisions, and by applicable federal laws (except to the extent this Agreement can and does vary such rules or laws).