Online Banking Agreement
(Effective June 2013)
- Introduction. This Agreement sets forth the terms and conditions of the online banking service (“Service”) offered by BBCN Bank. In this Agreement, “you” refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms “we,” “us” and “Bank” refer to BBCN Bank. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your deposit account agreement with us. Your use of the Service will be deemed further evidence of your agreement to these terms.
- Our Services. We offer the following Services:
- Online Account Access — You can obtain information about your accounts and transactions, communicate with us, direct us to stop payment on a check, view statements, set up alerts, download account information to financial management software (e.g., Quicken® and QuickBooks®), and transfer funds between your designated accounts with us.
- Bill Payments — You can make bill payments to others.
- Your Equipment. To use the Service, you must have an access ID, a password, hardware and software capable of supporting Secure Sockets Layer technology and 128-bit encryption (e.g., Microsoft Internet Explorer), and access to the Internet. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are 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 this Service. You are responsible for ensuring that your computer and software are compatible with our system. We reserve the right to change our system requirements from time to time. Note: Some browser software may store user names and security codes to facilitate the future use of a web site. For security reasons, you agree to disable this feature in your browser. Check your browser’s “Help” screen for more information on this feature. If you are unable to connect to the Service for any reason, please contact us at 1-855-325-2226 (BBCN).
- Your Password. We will provide you with one or more User IDs, Passwords and/or other means of identification and authentication (collectively, “Password”) to access the Service. You are responsible for keeping the Password secure and confidential. Never place your Password on or near your computer. For security reasons, we may disable your Password if it is entered incorrectly several times. We may act on any Service instruction that is accompanied by your Password. You agree not to disclose your Password to anyone.
You agree to install and maintain appropriate virus protection on any equipment you use in connection with the Service. Except as otherwise required by law, you assume sole responsibility for any and all loss, damage or injury arising with respect to any failure of your equipment, software not provided by us, the unavailability of telephone lines or internet access, or computer viruses, spyware, malware, or worms affecting your equipment or software.
- Your Accounts. In order to use the bill payment Service, you must have an eligible checking account with us. At our discretion, we may refuse to allow certain accounts to be linked to any Service.
- Account Balance and Transaction Information.You can use the Service to obtain account balance and transaction information anytime of the day, seven days a week, except when the system is unavailable for maintenance or other reasons. Please note that the information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal.
- Transfers. You may make transfers between your eligible accounts with us. Transfers cannot be made from time deposit accounts.
Transfer requests which are received by us on or before the “cutoff hour” of 5:00 p.m. (Pacific Time) on business days will be posted that day. Transfer requests received after the cutoff hour or on a weekend or holiday may be deemed received as of the next business day. Unless we agree to an exception, transfers may only be made between accounts held in the same ownership.
- Stop Payment Requests. You can use the Service to place a stop payment order (or cancel a stop payment order) on a paper check that you have written against your account. Your stop payment order must include the account number, check number, EXACT amount (dollars and cents), and the name of the payee. We will not be liable for paying a check over a stop payment order if the order is incomplete or incorrect. Stop payment orders received on a weekend, holiday, or after 9:00 p.m. (Pacific Time) on a business day may be deemed received by us as of the next business day. We must receive stop payment orders at a time and in a manner which affords us a reasonable opportunity to act upon them. Please see your deposit account agreement for the terms related to stop payment orders. Stop payment orders are effective for six months.
If our on-line system is not available for any reason, you can contact us during our regular business hours at 1-855-325-2226 (BBCN) for assistance.
- Bill Payments and Popmoney®, a person-to-person payment service. If you subscribe to this aspect of the Service, you can make payments to others from one or more of your designated checking accounts with us. If you link more than one checking account to the Service, you must specify which account you wish to use in making payments.
You will find more information in the Bill Payment and Popmoney® Agreement once you enroll
- No Warranties. THE SERVICE IS MADE AVAILABLE ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR VENDORS PROVIDE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THIS SERVICE. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NEITHER WE NOR OUR VENDORS ASSUME ANY LIABILITY FOR THE UNAVAILABILITY OF THE SERVICE.
Note: We may make arrangements with a third party to assume responsibility for certain late payment-related charges that you incur (up to $50 per scheduled payment) if you provide us with payment instructions in a timely fashion in accordance with this Agreement and our Service instructions, but your payment is not received by the payment due date. To benefit from this third party guarantee, you must: schedule the Payment Send Date at least four business days prior to the payment due date (excluding any applicable grace period); maintain sufficient available funds in your account to cover the payment on the Payment Send Date; and provide us with written verifiable evidence that you have incurred the charges (e.g., a copy of an account statement or letter showing the late charge). The late payment charge or its method of calculation must be in writing and effective prior to the Payment Send Date. This provision does not apply to: charges incurred before you started using the Service to make payments to the payee; non-business payees; payments for alimony, child support, taxes, or other governmental fees or court-directed payments; or payments that were overdue or otherwise subject to late payment charges on the Payment Send Date. This provision does not limit any obligation or any liability we may have to you, as described elsewhere in this Agreement.
- Hours of Operation. You can access account information through the Service 7 days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.
- Electronic Mail. If you send us electronic mail (“e-mail”), we may not receive or review it immediately. We will have a reasonable time to act upon any e-mail request or notice, and reserve the right to reject any transaction or request received by e-mail. You acknowledge that, even though e-mail may be encrypted, we cannot ensure that it will not be intercepted or affected by the actions or omissions of others, such as third party networks or persons with access to the Internet. Our service providers and we assume no responsibility for viruses created by third parties, or for any third party’s unauthorized access to, or use of, your computer system. Please do not include any sensitive information about yourself or your accounts in e-mail that is not encrypted and sent through a secure e-mail system.
- Discrepancies. We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.
If a payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.
- Business Days. Our business days are Monday through Friday, excluding holidays.
- Documentation. We will send or make available to you a monthly deposit account statement unless there are no electronic fund transfers in a particular month. In any case, you will receive or have electronic access to a statement at least quarterly.
- Service Fees. There are no fees for accessing information about your accounts, but there is a charge for each bill payment. We also may impose a charge for transactions drawn against non-sufficient funds and for each transfer or payment from a Savings or Money Market Account that exceeds the transaction limitation we set for your account each statement period. See our fee schedule for fee information. We are not responsible for any fees that may be billed to you by your Internet service provider.
- Limitations. We reserve the right to reject or limit the frequency and dollar amount of transfers and payments for security reasons. Payments may only be made to payees and accounts in the United States, and only in U.S. dollars.
Payments and transfers from savings accounts and money market deposit accounts are limited by law and your deposit account agreement with us. You may only make up to 6 withdrawals and/or transfers each month by check (for accounts with check privileges), preauthorized or automatic transfer (e.g., automatic payments to an insurance company), draft, point-of-sale debit card, telephone and/or online banking. We may refuse to permit a Service transaction at any time and without prior notice if we believe it may violate applicable law. See your deposit account agreement for further details.
- How to Notify Us of a Problem. If you have a question about a Service transaction, believe your User ID or Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call or write to your branch of account (the phone number and address are shown on your statement). You can also call us at 1-855-325-2226 (1-877-656-1875 for bill payments) or write to us at BBCN Bank, 3731 Wilshire Blvd., Suite 1000, Los Angeles, CA 90010.
- Your Responsibility. Tell us AT ONCE if you believe your Password has been lost or stolen. 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 tell us within two business days, you can lose no more than $50 if someone used your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove that we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows bill payments or transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available 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 a hospital stay) kept you from telling us, we will extend the time periods.
- Our Responsibility. If we do not complete a transfer or send a payment 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. However, there are some exceptions. We will not be liable, for example, if: (a) we process your payment or transfer in a timely manner, but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer or payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses, computer breakdowns or telecommunication problems) or rolling blackouts prevent the transaction, despite reasonable precautions that we have taken; (g) you do not authorize a bill payment early enough for your payment to be made and properly credited by the payee by the time it is due; (h) a transfer or payment could not be completed due to the system’s unavailability; or (i) you fail to follow our on-screen instructions properly. There may be other exceptions stated in our Agreement with you.
- In Case of Errors or Questions about Your Transfers or Bill Payments. Call or write to us at the number or address listed in Section 19 as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You must: (a) tell us your name and account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected error. For bill payments, please tell us the payee name, the date we charged your account, and the payee account number. 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 that it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question, and up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within 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.
- Limitation on Time to File a Legal Claim. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right related to or arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day a potential cause of action arises.
- Indemnification. Except as otherwise set forth in this Agreement, you agree to indemnify, defend and hold us harmless from all claims, actions, proceedings, fines, costs and expenses (including, without limitation, attorney fees) related to or arising out of: (a) your actions and omissions in connection with your accounts or our Service, or (b) our actions and omissions, provided that they are taken/omitted in accordance with this Agreement or your instructions. This provision shall survive the termination of this Agreement.
- Other Terms. This Agreement incorporates, supplements and supersedes where inconsistent, the terms of your deposit account agreement with us. Please see that agreement for other terms relating to this Service (e.g., dispute resolution, governing law, and
overdrafts). You agree to comply with the terms and conditions found at our web site as well as any Service guidelines and instructions we provide at the Service website. Unless we agree otherwise in a writing that specifically refers to this Agreement, this Agreement, our web site terms and conditions, and your deposit account agreement contain all of the terms of our agreement with you with respect to the Service.
- Change in Terms. We may add to, delete from, or change the terms of this Agreement at any time by sending a notice to any of you at the mail or e-mail address shown in our records, by posting the notice or an amended Agreement on our web site, or by delivering it to you. You may choose not to accept the change by closing your account(s) or terminating this Agreement and your use of the Service.
Note: Some elements of our Service may not be available at all times. We may make additional features and services available from time to time.
- Termination. We may terminate or suspend your access to all or part of the Service at any time, with or without cause. If you decide to cancel the Service, call us at the number or write to us at the address shown in Section 19. Let us know if you have any outstanding scheduled or recurring bill payments or transfers that you also wish to cancel. Unless you advise us not to make such payments, you will be responsible for any payments we make following your notice of termination. We may refuse to make scheduled or recurring Service payments and/or transfers following termination of the Service. Any indemnification required by this Agreement shall survive its termination.
- Business and Other Non-personal Accounts. Our obligations set forth in Sections 21 and 22, and the limitations on customer liability set forth in Section 20 and in periodic statements, do not apply in the case of business or other non-personal accounts. The owners of those accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of discovery or their receipt or the availability of the first statement or notice reflecting the problem, whichever occurs first). Under no circumstances will we be liable for any special or consequential damages involving such accounts. We may process any online instruction we believe is given by any of you if the instruction is accompanied by your Password, and you will be obligated for the transfer or payment, even if the instruction is not transmitted or authorized by you.
BBCN Bank Electronic Statement Disclosure
To receive electronic notification that documents are available for you to view online in an electronic format rather than receiving paper documents through the U.S. Mail, you must confirm your consent by reviewing and agreeing to the terms and conditions of this Agreement.
Please be sure to read this Agreement in its entirety as it contains important information that is required by law to be provided to you.
In this Agreement, “we”, “us”, and “our” mean BBCN Bank. The words “you” and “your” mean the person(s) accessing “e-statements”, which are an electronic form of the periodic paper statements available through BBCN Bank’s Online Banking Service. The word “service(s)” means information, contents, communications, methods of conducting transactions and transactions available through BBCN Bank’s Online Banking site.
By giving your consent, you agree to receive e-Statements in lieu of periodic paper statements that are eligible for the service. Certain accounts (e.g., CD, Loan, & Home Equity Line of Credit) that are linked to your account will not be provided via e-statement by enrolling in the service.
Notification of Availability of Documents
An e-mail notification will be sent to you at the address provided by you to let you know when your e-Statement is available for viewing. Your e-Statement for your current statement cycle will be available no later than 3 business days after your cycle date. Your normal statement cut-off date will not change when you select to receive e-Statements. E-Statements will be available for viewing by you for at least 18 months after the date it is posted on the online banking web site as long as your account and online banking remain active during that time. You may find it advisable to print or download e-Statements for permanent retention.
Changing Selections or Revoking Consent
At any time you may revoke your consent to electronic delivery of your statement by calling us at 1-855-325-2226 (BBCN). If you withdraw your consent, this will result in such document(s) being mailed to you in paper form through the U.S. Mail and you will no longer receive electronic notification when new documents are available to be viewed online. Please note that withdrawal of your consent to receive e-Statements will be effective only after we have had a reasonable period of time to process your withdrawal.
Security; Confidentiality of Access Information
When accessing BBCN Bank Online Banking service, you are require to have a computer or approved mobile device and Internet access connected through an internet or mobile service provider and with a web browser (for example, Firefox and Microsoft Internet Explorer). Your User ID and password that are used to access online banking services should be kept confidential; to protect the security of your banking information you must not disclose or share your password with any third party. We strongly recommend that you change your password regularly. You are responsible for keeping your password, account numbers, and other account data confidential.
Below are the hardware and software requirements for access to and retention of the information being provided to you electronically.
- A personal computer or other device capable of accessing the internet.
- An Internet web browser which is capable of supporting 128-bit SSL encrypted communications, which requires a minimum web browser version such as Micro Internet Explorer 6.0 and above. Mozilla Firefox 3.5.
- You must have software which permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader® (available for downloading http://www.adobe.com/products)
- To retain a copy of the e-Statements, disclosures, notices, terms and conditions, or other documents, your device must have the ability to download and store or print PDF files.
Update your Electronic Contact Information
You must provide us with correct e-mail address and agree to immediately provide written notice to the BBCN Bank if you change or cancel the e-mail we have on file. BBCN Bank will not be responsible for any e-mail sent to your e-mail address of record if you fail to notify BBCN Bank of a change or error in your e-mail address.
Your Responsibility To Notify Us Regarding Error, Irregularities, Or Unauthorized Access
You must promptly review your e-Statements and any accompanying items. Notify us immediately of any suspected error, alteration, or other irregularity, (a) with your e-Statements or (b) with your account, including unauthorized access or suspected fraudulent activity on your account(s). Telephoning us immediately is the best way to keep your losses down, although you can also notify us in writing to preserve your rights. If you fail to notify us within a reasonable time (not exceeding 30 calendar days after your e-mail notification date) of an unauthorized signature, alteration, forgery, counterfeit check, or other unauthorized debit to your account, we will not be responsible for subsequent unauthorized transactions by the same wrongdoer if we act in good faith. Without regard to care or lack of care by either you or us, if you do not discover and report an unauthorized signature, alteration, forgery, counterfeit check, or other unauthorized debit to your account within 60 days after the date of your e-mail notification or the date information about the item or transaction is made available to you, whichever is earlier, you are precluded from asserting the unauthorized transaction against us. This time period begins on the e-Statement e-mail notification date, regardless of when you access and/or review your e-Statement.
Compliance with Laws and Regulations
You agree that use of e-Statement service is subject to all applicable federal, state, and local laws and regulations that may be in effect from time to time. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force.
Amendment and Termination
We may amend or change this Agreement at any time and will provide to you any notice or request for authorization required by law or regulation. If no notice or request for authorization is required by law or regulation, your continued acceptance of e- Statements after the effective date of such change will constitute your acceptance of and agreement with such amendment(s). We may terminate this Agreement, and immediately refuse to provide, or revoke access to e-Statements at any time with or without cause or prior notice. Neither termination nor discontinuation of your access to our online banking service shall affect any of your liabilities or obligations under this Agreement.
Limitation of Liability
Except as otherwise expressly provided herein, your use of the e-Statement service is at your own risk. We shall incur no liability if we are unable to deliver your e-Statement because of circumstances including but not limited to the following:
1) Our online banking system is not functioning properly, and you know or have been advised by us of the malfunction;
2) Your equipment or Internet access is not working properly;
3) Internet Service is interrupted (e.g. due to traffic or other disruption);
4) Circumstances beyond our control including but not limited to, fire, flood, interruption in telephone service or other communication lines, interference from an outside force, legal restriction or delays in mail service which prevent proper delivery, and we have taken reasonable precautions within our control to avoid such circumstances.
To the extent permitted by law or regulation, we hereby disclaim all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, and in no event shall we be liable for any special indirect, incidental, or consequential damages whatsoever resulting from the use of the e-Statement service, including any loss or misuse of data, whether or not you are advised of the possibility of such loss or damage.
Acceptance and Consent
I have read, understand and agree to be bound by the terms and conditions described above and consent to receive electronic documents according to the process described above.