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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
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