E-SIGN ON

This Agreement ("Agreement") governs the use of the California Business Bank (Bank) Mobile Banking Service ("the Service"). By checking the “I agree” button below you agree to all the terms, conditions, and notices contained or referenced in this Terms of Use and you are providing your EXPRESS PRIOR CONSENT permitting California Business Bank to contact you for fraud prevention, servicing or other purposes as further outlined in these Terms & Conditions. This Terms & Conditions is made and entered into by and between Bank ("Bank") and each party ("Customer") who is an owner of the Account.
This Agreement applies to the Mobile Banking Services you receive from Bank and supplements the terms and conditions of the Deposit Account Agreement that governs your deposit account(s).
Under this Agreement, “we”, “us,” “our” and the “Bank” mean California Business Bank. “You” and “your” refer to each Accountholder that has requested this service.
CONSENT TO USE ELECTRONIC INFORMATION
When you sign and deliver Application by FAX, postal mail, in person or online you agree to use electronic communications and documents between you and the Bank and such communications and documents will be deemed valid, authentic and shall have the same legal effect as agreements entered into in writing. Communications and documents may include E-mail, Notices, E-Statements, Alerts and SMS transmitted to your Mobile Banking Access Device.
Your Agreement to receive electronic documents will remain in effect until amended by you or until this Agreement is canceled. In the event of equipment or any other failure and you are unable to receive electronic communications and documents, you may obtain a copy of communications and documents on paper by contacting the Bank in person, by phone or FAX at the location listed below.
    California Business Bank
    800 W. 6th Street, Ste 1000             
    Los Angeles, CA  90017
    Phone: 1-866-495-4042
    Fax:      213-688-2820
You agree to provide the Bank with a current E-mail Address and immediately update the E-mail Address if it changes using the secure feature of the Internet Banking System for such updates. You will be deemed to have received any electronic message sent to you if such message is not returned and sent to the E-mail Address you have entered into the Internet Banking System or otherwise provided to Bank. You further agree that electronic copies of communications are valid as “originals” and you will not contest the validity of the electronic copies, without proof of altered data or tampering. This consent to the use of electronic agreements and communications shall apply to all agreements, documents and communications made in conjunction with this Agreement and the Service.
AGREEMENT ON USING ELECTRONIC COMMMUNICATIONS

Mobile Banking requires extensive use of electronic communication and we cannot process you application without your approval.

MOBILE BANKING TERMS & CONDITIONS

ACCESSING YOUR ACCOUNTS
To access your accounts through Mobile Banking, you must maintain an active Bank deposit account, Debit Card and Passcode. Mobile Banking provides you access to designated deposit Accounts (checking or savings) at Bank. You can only register a Bank Debit Card that you are lawfully entitled to use.
If you provide your Passcode to another person or third-party company, you are authorizing that party to conduct transactions on your accounts, including transfers or other services connected to Mobile Banking. The Bank is not liable for and will not reimburse you for any losses that may occur as a result of the use of your User ID and Password by an authorized party.
CELL PHONE REQUIREMENTS
Access to Mobile Banking requires a Java-compatible cell phone. In addition, your cell phone must:

  • Have at least 64Kb of free memory
  • Be configured with a standard data plan (GPRS, EDGE, or EV-DO), in addition to your normal voice plan, which enables services such as Internet browsing and E-mail receipt and delivery from your cell phone
  • Have free space in your cell phone E-mail or service inbox to receive text messages

VERIFICATION AND ACTIVATION
The Bank supports a method of Customer verification and activation referred to as “Double Deposit,” which means that after you enter your information into the Mobile Banking System, the Bank will credit your primary checking Account with two small deposits and debit the same Account with two matching amounts. These transactions will appear on your Internet Banking Transaction Display or on your account statement. You must enter the two deposit amounts when prompted by the Mobile Banking System, as per the Customer Activation Instructions. When the deposit information is entered it will automatically activate the Mobile Banking System.
SECURITY
You will be asked for your Passcode each time you access this service. To protect your accounts and information, you should sign off each time your finish using Mobile Banking. The system will automatically terminate your Mobile Banking session if there is no activity for five minutes.
NETWORK SERVICES PROVIDERS
To access your Accounts you must use one of the approved carriers a list of carriers will be provided to you, the list of carriers may change as deemed appropriate by the Bank.  

 

CUSTOMER RESPONSIBILITIES

  • PROVIDING HONEST AND ACCURATE INFORMATION UPON REGISTRATION. You agree to provide true, accurate, current , and complete information about yourself as requested in registering for the Mobile Banking Service, and you agree to not misrepresent your identity.
  • NO ILLEGAL USE OF MOBILE BANKING SERVICE. You agree not to use Mobile Banking Service to conduct any business or activity or solicit the performance of any activity that is prohibited by law or any contractual provision by which you are bound with any person.  You agree to comply with all applicable laws, rules, and regulations in connection with the Bank Mobile Service.  You certify that you are an authorized Bank user and are able lawfully to enter into contracts.
  • PROMPT NOTIFICATION OF THEFT OR DESTRUCTION OF EQUIPMENT.  You agree to notify the Bank in the event you lose, change, or destroy the device whose phone number is registered with the Bank Mobile Service.
  • NAMING OF ACCOUNTS.  You agree not to use any personally-identifiable information when providing shortcuts or creating nicknames to your Eligible Accounts.

CHANGE IN TURMS OF USE
The Bank reserves the right to modify, or add new terms to these Terms & Conditions at any time.  Any modifications shall be effective when they are posted Online. It is your responsibility to review these Terms of Use, including the Banks Privacy Policy from time to time in order to be aware of any such changes or new terms.
LIABILITY OF TRANSACTIONS COVERED BY REGULATIONS FOR CONSUMERS
Tell us AT ONCE if you believe your user name, password, or personal identification number (‘PIN”) has been lost, stolen, or compromised, or if you believe that an electronic fund transfer has been made without your permission using your user name, password, or PIN.  Telephoning is the best way of keeping your possible losses down.  The telephone number is -1-866-495-4042.   You may also write to us at California Business Bank, 800 W. 6th St., Suite 1000, Los Angeles, CA  90017
You should also call the number or write to the address listed above if you believe an electronic fund transfer has been made using your user name, password, or PIN without your permission.
You could lose all the money in your account.
If you tell us within 2 business days after you learn of the loss, theft, or compromise of your user name, password, or PIN, you can lose no more than $50 if someone used your user name, password, or PIN without your permission.
If you do NOT tells us within 2 business days after you learn of the loss, theft, or compromise of your user name, password, or PIN, and we can prove we could have stopped someone from using your user name, password, or PIN 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, including those made by using your user name, password, or PIN, or other means, tell us at once.  If you do not tell us by the earlier of (a) within 60 days after you electronically accessed the account or (b) with 60 days after the statement was made available to you, you man 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 long trip or hospital stay) kept you from telling us, we will extend the time periods.  For purposes of these disclosures, every day is a business day except Saturdays, Sundays and federal holidays.
UNAUTHORIZED TRANSACTIONS AND NOTICES OF ERRORS
In Case of Errors or Questions About Your Account Telephone us at 1-866-495-4042 or Write us at California Business Bank, 800 W. 6th Street, Ste. 1000, Los Angeles, CA  90017 as soon as you can, if you think an error has occurred in your account. We must allow you to report an error until 60 days after the error has occurred in your account.  We must allow you to report an error until 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we made available the FIRST written history on which the error appeared.  You may request a written history of your transactions at any time by calling us at 1-866-495-4042 or writing us at California Business Bank, 800 W. 6th St., Suite 1000, Los Angeles, CA  90017.  You will need to tell us:

  • Your name and account number.
  • Why you believe there is an error, and the dollar amount involved.
  • Approximately when the error took place.

If you tell us orally, we may require that you send us your complaint or question in writing with 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promply.  If we need more time, however, we may take up to 45 days to investigate your complaint or questions.  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 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 questions.  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 investigations.  If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
If you need more information about our error-resolution procedures, call us at the telephone number shown above.
ABILITY OF TRANSACTIONS COVERED BY REGULATIONS FOR BUSINESSES
You agree that business transactions and Terms & Conditions will be governed by Deposit Account Agreement and Resolution, Other Bank Agreements that you have executed, Uniform Commercial Code (UCC) and published state and federal regulations Tell us AT ONCE if you believe your user name, password, or personal identification number (‘PIN”) has been lost, stolen, or compromised, or if you believe that an electronic fund transfer has been made without your permission using your user name, password, or PIN.  Telephoning is the best way of keeping your possible losses down. The telephone number is -1-866-495-4042. You may also write to us at California Business Bank, 800 W. 6th St., Suite 1000, Los Angeles, CA  90017


 

DEFINITIONS
“Access Device” means a card, code, account number, personal identification number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another access device may be used to: (1) obtain money, goods, services, or another thing of value; or (2) initiate a transfer of funds other than a transfer originated solely by paper instrument.
"Account" means a record of financial transactions held by the Bank including but not limited to deposit accounts, credit card or debit card accounts, loans, investments or other financial instruments as may be determined by the Bank.
"Content" means proprietary and non-proprietary information and works of text, hypertext, music, voice, video, multi-media work or art for banking and financial services, promotional, educational, informational and/or entertainment purposes made available on Mobile Banking.
“Customer” means each party that signs the Bank’s signature card for the Account for any product or service including Mobile Banking.
"Mobile Banking" means the banking service(s) or such other services of the Bank as may be offered from time to time and made available through the use of mobile phones and any other access device as may be approved by Bank.
"Network Service Provider" means telecommunications service providers or any other network service provider that provides the Customer with telecommunications and connectivity services necessary for the operation of Mobile Banking.
"SMS" means Short Messaging Service which is the transmission of short text messages to and from SMS enabled devices including but not limited to mobile phones.
“Unauthorized Access” means any use, transaction or activity on your Account at Bank conducted by a party that does not sign the Bank signature card. This includes, but is not limited to any person that fraudulently uses your User ID and Password or any electronic method that includes viruses or programs designed or modified to gain access to your Account.
“WAP” meansWireless Application Protocol, which is a set of communication protocol standards that allows a user to access online services from a mobile phone.
"Website" means the website located at URL: http://www.californiabusinessbank.com.
APPLICATION
Applicant must apply to Bank for use of Mobile Banking System using the Application available on the Bank’s Website or by contacting the Main Office listed below. Upon completion of the Application, deliver to Bank at address below or FAX to number listed below. The Application must be approved by Bank prior to Mobile Banking activation using information and approval methods as determined by the Bank.
REQUIREMENTS FOR MOBILE BANKING
Mobile Banking is available to Account holders of Bank in good standing and requires an ATM/Debit Card.
MOBILE BANKING FEATURES
1. Account Information
You may access current balance information or transaction activity for the Primary Checking and Savings Accounts you select. Current balances may include deposits that are still subject to verification (Regulation CC) and may not include deposits, outstanding checks or payments, or other withdrawals, payments, credits, charges or debits that have not been posted to your account.  You may access a “Mini Statement,” which is a simplified version of the last transaction made using your mobile phone service and designed for access via Mobile Banking.

2.  Fund Transfers
(a) You may make a Single Account Transfer among your designated deposit accounts. When you request a fund transfer using this service, you authorize us to follow the transfer instructions and transfer the funds from the designated originating account to the designated recipient account. If we receive your request prior to 6:00 p.m. Pacific Standard Time on any business day, we will transfer the funds on that day. If we receive your request after 6:00 p.m. Pacific Standard Time on a business day or at any time on a day that is not a business day, we will make the transfer on the next business day. The day we make the transfer is called the “Transaction Date.”  We may refuse to act on your fund transfer instruction if there are not sufficient available funds in your account. Funds transferred to a deposit account will be deemed deposited on the Transaction Date and will be available thereafter in accordance with our funds availability policy.
DISCLAIMER
Mobile Banking is provided "as is" and "as available", without any warranty of any kind, either express, implied or statutory. Bank specifically disclaims any warranty of merchantability or fitness for any particular purpose, warranty of title, non-infringement of intellectual property rights or third party rights and that any information transmitted through your Network Service Provider for Mobile Banking is secure or confidential. Bank shall not be responsible for any electronic or mechanical defect, data failure or corruption, computer viruses and bugs or related problems that may be attributable to your telecommunications equipment and/or the services provided by any relevant Network Service Provider.
To the extent permitted by law, Bank does not warrant that Mobile Banking will be provided uninterrupted or free from errors or that any identified defect will be corrected and that any information provided by Mobile Banking is adequate, accurate, complete, current or reliable.
PRIVACY AND SOLICITATION
We are committed to protecting the security and integrity of customer information with thorough procedures and technology designed for this purpose. We do not share customer information with other companies for the purpose of marketing their products to you. It is not necessary for you to instruct us not to share information with these outside companies, because we will automatically keep your information confidential.
FEES AND CHARGES
There are no fees to access the Banks Mobile Service. You may, however, incur charges from your network service provider when sending and/or receiving text message.

TERMINATION OR SUSPENSION OF SERVICES
Notwithstanding anything herein to the contrary, Bank may at any time, in its sole discretion suspend or terminate your right of access to any of the Mobile Banking Services without notice for any reason whatsoever and without any obligation to give any reasons. Bank will automatically terminate customer’s right of access to the Mobile Banking once customer ceases to maintain any Account with Bank which can be accessed via Mobile Banking or should your access to such Account be restricted by Bank or any other party for any reason. Customer can terminate Mobile Banking by giving written notice to Bank. Mobile Banking will be cancelled within seven days from the date of receipt of such notice of termination and customer agrees that Bank shall not be obliged to effect any Instruction received on any day falling after the receipt of notice of termination. Bank reserves the right to terminate Mobile Banking for any reasons whatsoever, provided the Bank gives you fifteen days prior written notice. Customer also acknowledges that termination will not affect the liability or obligations in respect to instructions processed by Bank and on behalf of Customer.
LIABILITIES
Customer shall be responsible for and liable for any loss or damage suffered by Bank as a result of any breach of any of the Terms and Conditions stipulated herein. Under no circumstances and under no legal theory, tort, contract or otherwise shall Bank be liable to customer or any person for any direct or indirect, special, incidental or consequential damages, including and without any limitation, damages for loss of goodwill, loss of use, data, profits, work stoppage, injuries or any and all damages or losses or expenses that arise from the use of Mobile Banking including but not limited to any one of the following circumstances:

  • Where Bank has reason to doubt the authenticity of the Instruction(s). In such an instance, Bank is under no obligation to investigate the authenticity or authority of person(s) effecting the Instructions or verify the accuracy and completeness of your Instruction(s);
  • Where the Bank is required by law to prohibit withdrawals from your Account(s);
  • Where your Account(s) is frozen or closed;
  • Where Customer fails to provide necessary and/or accurate
  • Information or Instruction(s) for the performance or completion of transactions; 
  • Where there is a system, server or connection failure, error, omission, interruption, delay in operation or transmission, or computer virus, malicious codes, Trojan horses or corruption or delay in performance or non-performance of any obligation of the Bank herein due to any cause beyond the control of the Bank including but not limited to technical breakdown, strikes or other industrial action or communications or power failure;
  • Where customer is unable to access or use Mobile Banking;
  • Where customer fails to maintain sufficient funds in your Account(s) to perform any Instructions given Bank;
  • Where there are errors, alterations or destruction of any Instruction(s), data or information transmitted through Mobile Banking; failure to follow the current instructions, procedures and directions for using Mobile Banking;
  • Where there is any loss or damage caused by third parties or any circumstances beyond Bank’s reasonable control;
  • Where there is a failure or delay caused by any of Network Service Providers;
  • Where any unauthorized person has accessed your account information.

Bank will not be held responsible for any losses or damages suffered by you due to an error in your instructions to the Bank.
INDEMNITY
Customer hereby agrees to indemnify and hold harmless the Bank, its employees, directors, officers and agents from any and all claims, actions, damages, liabilities, costs and expenses, including without limitation reasonable attorney's fees and expenses, arising from customer’s access or use of Mobile Banking with the exception for such losses and damages directly caused by Bank’s gross negligence or fraudulent conduct.
MODIFICATION OF THE TERMS & CONDITIONS
Bank may from time to time modify any of the provisions of this Agreement. Notice of amendments shall be given fifteen days in advance of any modification by method determined by Bank and may include SMS, E-mail or postal mail. Customer agrees that all communications and documents required under these Terms and Conditions or which concern Mobile Banking shall be deemed to have been delivered:

  • on receipt, if sent by SMS or E-mail through Mobile Banking;
  • on the date printed on the postal mail envelope.

All notices from Customer to Bank concerning Mobile Banking and/or these Terms and Conditions shall be in writing, signed by customer and sent to the address provided below or in any such other way or to such other address as Bank may notify you from time to time.

GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the State of California.

California Business Bank
800 West Sixth Street
Suite 1000
Los Angeles, CA 90017
Phone: (213)784-4321
FAX: (213)688-2973
Website: www.californiabusinessbank.com