CALIFORNIA COMMUNITY
BANK
ONLINE BANKING AGREEMENT
AND ELECTRONIC FUNDS TRANSFER ACT
DISCLOSURE STATEMENT
Please read this Agreement and Disclosure Statement.
You may also print a copy to retain for your reference. If you agree
to the following terms and conditions, click on the "I Accept"
button at the end of this document. If you do not accept the terms
and conditions or if you wish to return to the home page of
California Community Bank, click on the "I Decline"
button at the end of the document.
1. INTRODUCTION
2. HOW TO REACH US
Business Days
Contact Us
E-Mail
3. KEEPING YOUR ACCOUNT CONFIDENTIAL
Password and Access ID Protection
System Lock Out
Lost or Stolen Password or Access ID
Personal Information Protection
Examine Your Statement
4.
ELECTRONIC BANKING DISCLOSURE
Account Access
Limitations on funds Transfer from Money Market Checking and/or
Savings Accounts
Disclosure of Information to Third Parties
Documentation
How to stop a Preauthorized Payment
Account to Account Transfer
Our Liability for Failure to Make Transfers
California Community Bank’s
Responsibility
Stop Payment Request
In Case of Errors or Questions about Your Electronic Transfers
(Applies only to Consumer /Personal Accounts)
Liability for Unauthorized Use (Applies only to Consumer/Personal
Accounts)
5.
PROVISIONS
APPLICABLE TO
BUSINESSES
6.
OFFICE OF FOREIGN ASSET
CONTROL
7.
FEES AND CHARGES
California Community Bank-Online
Banking
8.
OTHER GENERAL TERMS
Other Agreements
Severability
Modifications to This Agreement
Rights to Terminate Agreement
Inactive Status
Governing Law
California Community Bank Liability
1.
INTRODUCTION
This Agreement and Disclosure
Statement (Agreement) for accessing your California Community Bank
Accounts via Online Banking, is provided for your information and
acceptance. Please read it carefully as it pertains to your accounts
and the electronic services we offer.
For the purposes of this Agreement the
following definitions apply. The terms “We”, “Us”, “Our”, and
“Bank” refer to California Community Bank; “You” and
“Your” refers to both consumer and business account owners;
Online Banking is the Internet-based service providing access to
your account(s); Time of day references are to U.S. Pacific Standard
Time; Business days Mondays through Friday, excluding holidays.
Please read carefully the Agreement
below. This agreement includes your rights and obligations as a
user of or Online Banking Service. It also describes the rights and
obligations of California Community Bank. By pressing the, “I
Agree” button below, you agree to comply with the terms and
conditions of this Agreement. You also acknowledge by signing the
Online Banking Service that you have downloaded, printed, or
otherwise received a copy of the terms and conditions and that you
understand them.
The first time you access your
account(s) through Online Banking you will need to confirm your
agreement to abide by the terms and conditions of this Agreement and
acknowledge your receipt and understanding of this of this
disclosure by pressing the, “ I Agree” button. We may
change the terms or amend this Agreement from time to time without
notice or as otherwise provided by law. Online Banking can be used
to access certain Bank accounts. Each of your accounts at California
Community Bank is also governed by the applicable account disclosure
statement in your Terms and Conditions of Your Account Disclosure
and the Schedule of Charges and Fees, (prior receipt of which you
acknowledge.) This Online Agreement does not replace the
disclosures received at time of opening deposit accounts with
California Community Bank.
This Agreement will be governed by,
and interpreted in accordance with federal law and regulations and
to the extent that there is no applicable federal law or
regulations, by the laws of the State of California. To the extent
permitted by applicable law, you agree that any legal action
regarding this Agreement shall be brought in the county in which the
Bank is located.
2. HOW TO REACH US
Business Days
Our normal business days and hours are Monday through Thursday, 9:00
A.M. to 5:00 P.M., and Friday from 9:00 A.M. until 6 P.M., excluding
federal holidays.
Contact Us
You may visit our branch office during normal business hours or
telephone us at (760) 888-1000. A voice mail system is available
during non-normal business hours. You may also write to us at:
California Community Bank
1320 West Valley Parkway Suite 301
Escondido CA 92029
E-Mail
Sending e-mail is another way that you
can communicate with us. We have provided e-mail links for you to
ask questions or to give comments regarding our Web Site or Online
Banking. Your e-mail messages may be acted upon by Bank if the
message was received in a manner and in a time providing the Bank
has a reasonable opportunity to act. Nevertheless, unless otherwise
expressly provided herein, e-mail messages will not serve as a
substitute for any requirement imposed on You to provide the Bank
with “written” notice or instruction. If you send an electronic mail
message, California Community Bank will be deemed to have received
it on the following business day. If immediate attention is
required, you must contact the Bank by telephone or in person or
through some other procedure other than e-mail.
E-mail is not a secured
environment. Do not send account information or transaction
information via e-mail.
3.
KEEPING YOUR ACCOUNT CONFIDENTIAL
Password and
Access ID Protection
For security purposes, you are required to change your Access ID and
Password upon your initial login to Online Banking. You determine
what Access ID and Password you will use and the identity of your
password is not communicated to us. For your protection, we
recommend that you frequently change your personal password used to
access Online Banking. (You can change your password under the
Change Password button.) You agree to hold your Password and
Access ID in strict confidence and you will notify us immediately if
your Password and/or Access ID is lost or stolen. As a precaution,
it is recommended that you memorize your Password and Access ID and
do not write either down. Passwords should not be easy to guess; for
example, your children’s or pet’s names, birth dates, addresses or
other easily recognized identifications related to you. It is also
recommended you do not have your browser automatically remember your
password. The Access ID must contain at least 6 characters while
your Password is required to be between 8 and 12 characters. It is
recommended that you use a combination of alpha and numeric or a
combination of upper and lower case alpha for security purposes.
You further agree not to
allow anyone to gain access to Online Banking or to let anyone know
your Password used with the service. You agree to assume
responsibility for all transactions up to the limits allowed by
applicable law. California Community Bank will not be responsible
for any loss due to breach in the above security procedures.
System Lock Out
To guard against unauthorized use of your Access ID and Password,
Online Banking disables the password indefinitely on the third
unsuccessful attempt to log in. You will need to call the Bank at
(760) 888-1000 to reestablish the password for your account(s).
Lost or Stolen
Password or Access ID
Contact California Community Bank AT ONCE if you believe your
Password, Access ID, Telephone Banking Password, ATM/POS Card, VISA
Check Card, or Personal Identification Number (PIN) has been lost or
stolen or if you have identified any unauthorized Electronic Funds
Transactions (EFT) on your current statement viewed on-line or your
monthly printed statement. Telephoning us IMMEDIATELY at
(760) 888-1000 is the best way of minimizing your potential losses.
You may also write to us to report the problem at:
California Community Bank
1320 West Valley Parkway Suite 301
Escondido CA 92029
Personal
Information Protection
In addition to protecting your Password, Access ID, and account
information, you should also protect your personal identification
information, such as your Driver’s license, Social Security Number,
etc. This information, alone or together with information about your
account, may allow unauthorized access to your account. It is your
responsibility to protect your personal information with the same
level of care that you protect your account information.
Examine Your
Statement
You must promptly review your statement upon receipt. See In Case
of Errors or Questions About Your Electronic Transfers for
further information.
4.
ELECTRONIC BANKING DISCLOSURE
Account Access
Online Banking is an Internet-enabled service provided to our
customers. By using Online Banking with your personal Password and
Access ID, you can:
-
Make
account inquiries
-
Check
account balances
-
Transfer
funds between your Savings, Checking and Money Market accounts
-
Access
your current account statement(s)
-
Request a
Stop Payment
Available services may be added or
cancelled at any time. We will update this Agreement to notify you
of the existence of new services. By using these services when they
become available, you agree to be bound by the rules contained in
this Agreement.
You can use Online Banking seven days a week, 24 hours a day.
However, from time to time, some or all of our Online Banking
Services may not be available due to system maintenance.
During such times you may visit or
call the branch at (760) 888-1000 or you may use our TeleBank
service, (our 24-hour automated telephone banking service) by
calling 1-877-252-9746.
Limitations on
Funds Transfers From Money Market Checking and/or Savings Accounts
Pursuant to federal regulations, you are limited to the number of
certain transactions you can make on your Savings and/or Money
Market Checking Accounts.
For Savings Accounts you may make no
more than six (6) transfers to another account or to a third party
by pre-authorized transfer, online transfer, telephone transfer, fax
request, or ACH (Automated Clearing House-electronic transaction)
per month.
For Money Market Checking Accounts,
you may make no more than six (6) transfers to another account or to
a third party by pre-authorized transfer, online transfer, automatic
transfer, point of sale (POS), telephone transfer, fax request,
voice response request, and ACH (Automated Clearing House-electronic
transaction), of which only three (3) may be checks, per statement
cycle.
Online transfers are transactions
between accounts initiated through Online Banking. Telephone
transfers are transfers between accounts initiated by a personal
telephone call or by using our TeleBank service. Pre-authorized
withdrawals are transfers made according to a specific agreement
between a customer and us or another party. (Examples of
preauthorized withdrawals are regular electronic payments from
savings made to a third party, such as health clubs, insurance
companies, etc.) Check access refers to any checks you write on your
Money Market account.
Disclosure of
Information to Third Parties
We will disclose information to third parties about your account or
the transfers you make:
-
Where it
is necessary for completing transfers; or
-
In order
to verify existence and condition of your account for a third
party, such as a credit bureau or merchant; or
-
In order
to comply with government agency or court orders
-
If you
give us written permission
We may disclose information about your
account to account verification services, such as ChexSystems Inc.
®, if we close your account due to unsatisfactory handling, fraud or
attempted fraud or criminal activity. Information we report usually
includes your name, address, Taxpayer Identification Number (TIN),
driver’s license number and the date and reason the account was
closed. The account verification service may supply this information
to others. This may adversely impact your ability to establish an
account at another financial institution for up to five years from
the date of our report.
Information concerning your account
history with California Community Bank will not be disclosed to
anyone, except as permitted by law. For an example of information
that may be disclosed as permitted by law, we may disclose nonpublic
information about you to others to assist us in servicing your loan
or account with us, to government entities in response to subpoenas
and to credit bureaus.
Servicing Arrangements/Joint
Marketing Disclosure
We may disclose information about you
to companies who work with us to provide services to you such as
check printing and Online Banking. We may also disclose information
about you to companies that perform marketing services on our behalf
or to other financial institutions with which we have joint
marketing agreements. Any such program would include
confidentiality agreements to protect customer information.
Documentation
You will continue to receive your regular account statement.
Accounts containing Online transactions will receive a monthly
statement, even if the normal statement cycle is quarterly, for the
month during which the Online transaction was conducted. This change
to a monthly cycle is made in order for the Bank to comply with
Federal Regulations.
If you have arranged to have direct
deposits made to your account, you can review your account history
using Online Banking or call us at (760) 888-1000 during regular
business hours or (760) 888-1122 (Telebank service) to find out
whether or not the deposit has been made.
Preauthorized
Payments
If you have told us in advance to make regular payments
(preauthorized payments) out of your account you can stop any of
these payments. Here’s how:
Call us at (760) 888-1000 during
regular business hours or write to us at:
California Community Bank
1320 West Valley Parkway Suite 301
Escondido, Ca 92029
We must receive your stop payment
request three (3) business days or more before the payment is
scheduled to be made. If you make a call, we may also require you to
put your request in writing and get it to us within fourteen (14)
days after you call.
Account-to-Account
Transfers
If you have established two or more deposit accounts with California
Community Bank and use the Online transfer feature provided as a
convenience to you, it is believed to be in good faith by an
authorized person.
A transfer made in a session that ends
before 5:00 PM from any eligible account shall post to your account
the same business day and shall be available for withdrawal from the
account into which the transfer is made as of the next day. Sessions
ending after 5:00 P.M. on a business day, Saturday, Sunday or
banking holiday, will be posted on the next business day.
Our Liability for
Failure to Make Transfer
California Community Bank agrees to make reasonable efforts to
ensure full performance of Online Banking. California Community Bank
will be responsible for acting only on those instructions sent
through Online Banking, which are actually received in a condition
that allows downloading and ability to read, and cannot assume
responsibility for malfunctions in communication facilities not
under our control, which may affect the accuracy or timeliness of
messages you send. California Community Bank is not responsible for
any losses incurred should you give incorrect instructions, or if
your transfer instructions are not given sufficiently in advance to
allow for timely processing.
Any Information you receive from
California Community Bank or other information providers is believed
to be reliable. However, it can only be provided on a best-efforts
basis for your convenience and is not guaranteed. California
Community Bank is not liable for any deficiencies in the accuracy,
completeness, availability, or timeliness of such information, or
for any investment or other decision made using this information.
Neither California Community Bank nor
other information providers are responsible for any computer virus
or related problems, which may be attributable to services provided
by your Internet access provider.
You are responsible for
obtaining, installing, maintaining, and operating all computer
hardware and software necessary for performing Online Banking.
California Community Bank will not be responsible for any errors or
failures from the malfunction or failure of your hardware or
software.
Except as otherwise provided in the
California Community Bank’s Responsibility section below, and in the
absence of negligence on the part of California Community Bank,
California Community Bank, is not responsible for any direct,
indirect, special, incidental, or consequential damages arising in
any way out of the use of Online Banking.
California
Community Bank’s Responsibility
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 and damages. However, there are some
exceptions.
We will not be
liable, for instance:
-
If,
through no fault of California Community Bank, you do not have
enough money in your account to make the transfer.
-
If the
transfer would go over the credit limit on your overdraft line.
-
If the
automated teller machine where you are making the transfer does
not have enough cash.
-
If the
terminal or system was not working properly and you knew about
the breakdown when you started the transfer.
-
If
circumstances beyond our control (such as fire or flood) prevent
the transfer, despite reasonable precautions that we have taken.
-
There may
be other exceptions, which may or not be stated in our agreement
with you.
Stop Payment Request
You may initiate stop payment requests
through Online Banking only for paper checks that you have written
(non-electronically) on your California Community Bank account.
Stopping the payment of a check is different from stopping or the
cancellation of a bill payment.
A stop payment request made in a
session that ends before 5:00 P.M. will be effective the same
business day. To be effective, this type of stop payment request
must precisely identify the name of the payee, the check number and
the amount.
If you request a stop payment online,
your login will serve as your authorization to act upon the request.
We may also require you to put your request in writing and forward
it to us within 14 calendar days from the date of the online
request. We will inform you within 48 hours if this is necessary.
For more detailed stop payment information refer to the stop payment
section of the Terms and Conditions of Your Account Disclosure.
In Case of Errors
or Questions About Your Electronic Transfers (Consumer/Personal
Accounts Only)
In case of errors or questions about your Electronic Transfer, or if
you think your statement or receipt is wrong or if you need more
information about an Electronic Transfer listed on your account
statement or receipt, contact us as soon as you can by telephoning
us at (760) 888-1000 or by writing to us at:
California Community Bank
1320 West Valley Parkway Suite 301
Escondido CA 92029
We must hear from you no later than
sixty (60) days after we have sent the FIRST statement on which the
problem or error appeared.
1.
Tell us your name and
your account number (if any).
-
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
If you tell us orally, we may require
that you send us your complaint or question in writing within ten
(10) business days
We will determine whether an error occurred within ten (10) business
days (five (5) business days if involving a Visa transaction or
twenty (20) business days if the transfer involved a new account)
after we hear from you and will correct any error promptly. If we
need more time, however, we may take up to forty-five (45) days
(ninety (90) days if the transfer involved a new account, a
point-of-sale transaction, or a foreign-initiated transfer) to
investigate your complaint or question. If we decide to do this, we
will credit your account within ten (10) business days (five (5)
business days if involving a Visa transaction or twenty (20)
business days if the transfer involved a new account) 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 ten (10) business days, we may not credit your
account.
An account is considered a new account
for thirty (30) days after the first deposit is made, if you are a
new customer.
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.
Liability for
Unauthorized Use (Consumers/Personal Accounts Only)
You Agree to tell us at once if you believe that your
Password and/or Access ID (including ATM/POS card, Telephone
Banking, Debit card or PIN), has been lost or stolen or discovered
by an unauthorized person. Telephoning us is the best way of keeping
your possible losses down. You could lose all of the money in your
account (plus your maximum Ready Reserve line of credit). If you
believe that that your Password and/or Access ID (including ATM/POS
card, Debit card or PIN), has been lost or stolen or discovered by
an unauthorized person and you notify us within two (2) business
days of the loss or theft, you can lose no more than $50 if someone
used your card and/or codes without your permission. If you do NOT
tell us within two (2) business days after you learn of the loss or
theft of your Password and/or Access ID, ATM/POS card Debit card or
PIN, and we can prove that we could have stopped someone from using
the card and/or codes without your permission if you had told us,
you could lose as much as $500.
Also, if your statement shows
transfers that you did not make, You Agree to 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 you lost
after the sixty (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 will extend the time period.
You Agree to be
responsible for all transactions if you authorize someone else to
use your Password, Access ID, or PIN, which that person initiates at
any time, even if the amount of the transaction or number of
transactions exceeds what you authorize.
5.
PROVISIONS APPLICABLE TO BUSINESSES
Business accounts utilizing the Online Banking Services agree to
keep all Password and Access ID’s confidential and safeguarded, and
only authorized account signers are to access the Business
account(s) through Online Banking. In addition to authorized
signers, the Business may designate other persons to access the
Business account(s) through Online Banking by signing an
Authorization Amendment for Business Access to Online Banking.
The Business agrees and represents that these persons
will abide by the Online Banking Agreement, including keeping the
Password and Access ID confidential and reporting to an authorized
signer and the Bank if they suspect someone has obtained
their Password and/or Access ID. The Business also agrees
to establish policies and procedures to prevent disclosure of any
security code to any unauthorized personnel.
The Business Agrees to
promptly report to the Bank the dismissal or termination of any
employee who has received or become aware of any security code to
access Online Banking.
THE BANK WILL HAVE
NO LIABILITY TO THE BUSINESS OR ANY OTHER PERSON (S) FOR ANY
UNAUTHORIZED ACCESS MADE USING YOUR PASSWORD BEFORE YOU HAVE
NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A
REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE
By using Online Banking, you
acknowledge and agree that this Agreement sets forth
security procedures for electronic banking transactions, which are
commercially reasonable. You agree to be bound by your
instructions, which we implement in compliance with these
procedures, unless you have given us prior notice of possible
unauthorized use as described above (and we had a reasonable
opportunity to act on such notice).
6.
OFFICE OF FOREIGN ASSET CONTROL
Under the Bank Secrecy Act, the Bank is prohibited from transacting
business with persons or entities listed as “blocked” by the Office
of Foreign Assets Control (OFAC). The official listing is published
in the Federal Register and updated from time to time. You agree not
to transact business with persons or entities blocked by OFAC.
7.
FEES
AND CHARGES
Online Banking
There are no fees or charges for accessing your account through
Online Banking. Other fees, as described in your Schedule of Charges
and Fees (prior receipt of which you acknowledge), may apply to
services you order online.
8.
OTHER GENERAL TERMS
Other Agreements
In addition to this Agreement, you agree to be bound by and
will comply with all terms and conditions applicable to each of your
accounts with California Community Bank, as described in your Terms
and Conditions of Your Account Disclosure and the Schedule of
Charges and Fees (prior receipt of which you acknowledge).
You Agree that your use of the Online Banking is your
acknowledgement that you have received these agreements and intend
to be bound by them.
Severability
In the event that any portion of this Agreement is held by a court
to be invalid or unenforceable for any reason, the remainder of this
Agreement shall not be invalid or unenforceable and will continue in
full force and effect. All headings are intended for reference only
and are not to be construed as part of the Agreement.
Modifications to
This Agreement
California Community Bank may modify the terms and conditions
applicable to Online Banking from the time to time upon mailing or
delivering a notice of the modifications to you at the address shown
on your account records, and the revised terms and conditions shall
be effective at the earliest date allowed by applicable law.
Right to Terminate
Agreement
California Community Bank reserves the right to terminate this
Agreement and your access to Online Banking in whole or in part,
with or without notice, at any time.
Inactivity Status
If you do not access Online Baking during any consecutive sixty (60)
day period your password will convert to an inactive status. If your
password becomes inactive, you must contact us to have the password
re-activated before you will be able to access Online Banking or
schedule any transaction.
This Agreement will remain in effect
until it is terminated by you or by California Community Bank.
You understand that you may cancel
this Agreement at any time by notifying California Community Bank
electronically or by mail at the address provided below. This will
cancel Online Banking, but will not terminate your accounts with
California Community Bank.
You may notify California Community
Bank by one of the following methods:
-
By calling
(760) 888-1000
(9:00 A.M. to
5:00P.M. Monday through Thursday, or 9:00 AM to 6:00 PM on Fridays)
-
By writing
a letter and delivering it to our branch office
-
By writing
a letter and sending it to the following
address:
California Community Bank
1320 West Valley Parkway Suite 301
Escondido CA 92029
Governing Law
This agreement is governed by the laws
of the State of California, bank regulations and applicable federal
law.
California
Community Bank Liability
You Agree that, except as specifically provided in
this Agreement or where the law requires a different standard, you
agree that neither we, CCB, nor the third party service providers
shall be responsible for any loss, property damage or bodily injury,
whether caused by the equipment, software, California Community
Bank, or by Internet browser providers such as Netscape (Netscape
Navigator browser) and Microsoft (Microsoft Explorer browser), or by
Internet access providers or by online service providers or by an
agent or subcontractor of any of the foregoing. Nor shall we, CCB,
or the service providers be responsible for an direct, indirect,
special, or consequential economic or other damages arising in any
way out of the installation, download, use, or maintenance of the
equipment, software, Online Banking, or Internet browser or access
software
We invite you
to print a copy of this Online Banking Agreement And Electronic
Funds Transfer Act Disclosure Statement and retain it for your
records. You may also request a copy of this Agreement be mailed to
you. To do so, call us at (760) 888-1000 during business hours or
write to us at:
California
Community Bank
1320 West Valley Parkway Suite 301
Escondido CA
92029
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