Consumer Internet Banking Agreement
180 Grand Ave. Ste 120 Oakland, CA 94612
Consumer Internet Banking Agreement
"Bank", "we", "us", and "our" mean Community Bank of the Bay (CBB). "You" and "your" mean each depositor who contracts for Internet Banking service with us or who uses or is authorized to use an Internet Banking Identification Number and Internet Banking Password (PASSWORD) or other means of access, which we establish or approve. The term "Internet Banking " refers to our service that allows you to obtain account information, review transaction activity, transfer funds, and perform other transactions over the Internet, including the optional Bill Payment service, by use of a personal computer with access to the Internet/or other means which we now authorize or may allow from time to time.
This agreement states the terms and conditions that apply when you use our Internet Banking service. These terms and conditions are in addition to those terms and conditions that apply to any other accounts you have with us or any other services you obtain from us, including those set forth in any deposit agreement. This agreement shall be governed by and interpreted under California and applicable Federal law. We reserve the right to amend or terminate the Internet Banking service at any time. You further agree that all disclosures required to be provided by the Bank under Federal Reserve Regulation E (Reg.E) in writing for its Internet Banking service may be provided by the Bank electronically through this agreement and the related disclosures.
You understand and agree that security for the Internet Banking service is controlled by the Internet Banking Identification Number assigned by us, together with the Internet Banking Password ("PASSWORD") chosen, entered and maintained by you. You will be required to enter the PASSWORD number assigned by us the first time you use the Internet Banking service. You will be prompted to change your PASSWORD at that time. You may also change your PASSWORD number through the Account Management section of the Internet Banking service. You are responsible for all transactions that you initiate. If you have a reason to believe that someone has gained access to your password, or have given someone your Internet Banking Identification Number and PASSWORD and want to terminate that person's authority, you must change your identification number and PASSWORD or take additional steps by contacting Community Bank of the Bay to prevent further access by such person(s). You agree to use your best efforts to safeguard and protect your Internet Banking Identification Number and PASSWORD from unauthorized use.
Any information downloaded by you to your financial advisor or other software becomes your property and responsibility. You may use the Internet Banking service to access your deposit accounts at the Bank which you are an authorized signer on, own and from which you have an unrestricted right to withdraw funds. We reserve the right to limit the types of accounts that may be accessed and the types of transactions you may perform. You agree that if any account being accessed through the Internet Banking service is jointly owned, then you will be bound by all transactions in the account authorized by any joint account owner.
You also understand that there is a maximum dollar limit on any payment or transfer that is equal to the available balance in your deposit account(s) plus the available credit balance in any overdraft line of credit attached to the deposit account(s).
Internet Banking Fees
There is no fee for the use of Community Bank of the BayÃ¢ÂÂs™ Internet Banking Service. You acknowledge that transaction limitations, as described in the Truth in Savings Disclosure you received when you opened your deposit account(s) or subsequently thereafter, apply to transfers or withdrawals from savings or money market accounts. Federal regulations limit transfers or withdrawals to six per statement cycle when initiated by telephone, electronic, or other preauthorized means. You acknowledge that an "excess transaction" fee as disclosed in the above-mentioned Truth in Savings Disclosure, will apply to transactions that exceed the transaction limitation. You also acknowledge that if you exceed the restrictions on more than an occasional basis, with a prior notification, we may close the savings or money market account and transfer the funds to a checking account.
BILL PAYING AGREEMENT / DISCLOSURE
This is your bill paying agreement with Community Bank of the Bay. You may use Community Bank of the Bay bill paying service, to direct Community Bank of the Bay to make payments from your designated checking account to the Payees you choose in accordance with this agreement. The terms and conditions of this Agreement are in addition to the Account agreements, disclosures and other documents in effect from time to time governing your Account (the Account Rules).
"You" or "your" means each authorized person to use the service. "Payee" means subscriber or anyone, including Community Bank of the Bay, you designate and Community Bank of the Bay accepts as a payee.
HOW TO SET UP PAYEES/PAYMENTS
Complete a bill paying enrollment form. IF YOU WANT TO ADD A NEW PAYEE, SUBMIT YOUR REQUEST IN WRITING, USE "SET UP ACCOUNTS/PAYEE" ON THE INTERNET OR SPEAK TO A SERVICE REPRESENTATIVE. You may add a new fixed payment to a Payee, only if the Payee is on your authorized list of payees, and by accessing the Service and entering the appropriate information. Most other additions, deletions or changes must be requested in writing or by using the service. Community Bank of the Bay reserves the right to refuse the designation of a payee for any reason. Each payee accepted by Community Bank of the Bay will be assigned a payee code. You may pay almost any payee you wish. There are several restrictions:
- The merchant must be located in the United States.
- Payments may not be remitted to tax authorities or government and collection agencies.
- Payments may not be remitted to security companies such as Ameritrade for stock purchases or trade taxing authorities and
- Court directed payments are unauthorized (Alimony, child support, or other legal debts). Do not forget you can use this system to send payments to your son/daughter in college, pay your local orthodontist, credit cards, charitable donations, etc. A merchant is defined as anybody (company or individual) to whom you want to send money.
Community Bank of the Bay is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your Authorized Payee list.
THE BILL PAYING PROCESS
Community Bank of the Bay will process variable payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by Community Bank of the Bay, which is currently 4:00 p.m. PST. Variable bill requests received after the business day cut off time or at any time on a non-business day; will process on the next business day. Community Bank of the Bay reserves its right to change the cut-off time by giving you notice if it changes.
FOR RECURRING PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE OF THE 28TH THROUGH THE 31ST OF A MONTH AND THIS DATE FALLS IN A SHORT MONTH; THE RECURRING PAYMENT IS PROCESSED ON THE FIRST BUSINESS CALENDAR DAY OF THE MONTH FOLLOWING THAT DATE. Otherwise, recurring payment requests will process on the dates you have designated, unless such date falls on a non-business day; your payment will process the next business day.
YOU MUST ALLOW AT LEAST FIVE (5) BUSINESS DAYS, PRIOR TO THE DUE DATE, FOR EACH BILL PAYMENT (RECURRING OR VARIABLE) TO REACH THE PAYEE. IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO SCHEDULE/ACTIVATE RECURRING PAYMENTS. IT IS OUR RECOMMENDATION THAT YOU ALLOW ADDITIONAL DAYS FOR PAYMENTS TRAVELING MORE THAN 4 STATES AWAY.
You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all Bill Payments requested, as well as, any other payment obligations you have to Community Bank of the Bay. Community Bank of the Bay reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and Community Bank of the Bay has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand. You further agree Community Bank of the Bay, at its option, may charge any of your accounts with Community Bank of the Bay to cover such payment obligations.
Any Bill Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated.
You are solely responsible for controlling the safekeeping of and access to, your (PASSWORD). You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person's authority, you must notify Community Bank of the Bay and arrange to change your PASSWORD. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. Community Bank of the Bay is not responsible for unprocessed Bill Payment that is, if you did not properly follow the instructions for making a Bill Payment. Community Bank of the Bay is not liable for any failure to make a Bill Payment if you fail to promptly notify Community Bank of the Bay after you learn that you have not received credit from a Payee for a Bill Payment. Community Bank of the Bay is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be Community Bank of the Bay's agent. In any event, Community Bank of the Bay will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if Community Bank of the Bay has knowledge of the possibility of them. Community Bank of the Bay is not liable for any act, failure to act or delay in acting, if it is caused, in whole or in part, by any cause beyond Community Bank of the Bay's reasonable control.
Amendment and Termination
- Community Bank of the Bay has the right to change this Agreement at any time by notice mailed to you at the last address shown for the Account on Community Bank of the Bay's records, by posting notice in branches of Community Bank of the Bay, or as otherwise permitted by law.
- Community Bank of the Bay has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to Community Bank of the Bay. Community Bank of the Bay is not responsible for any fixed payment made before Community Bank of the Bay has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by Community Bank of the Bay on your behalf.
There is no monthly fee for the Bill Pay service.
Additional Charges for Customer requested Services and Other Items
These charges will be assessed if you request one or more of the services listed here. There will be NO Charge for any item if needed to correct a Community Bank of the Bay error.
- Written Correspondence to Payee: $12.00
- Per proof of Payment not necessitated by a dispute: $10.50
- Payments returned due to customer error: $10.00
- Insufficient Funds per item: $35.00
Community Bank of the Bay reserves the right to charge you for research time involving payments no longer available in your screen history. For all other account fees, please refer to your Disclosure Statement received when you opened your account or periodically mailed to you along with your monthly statement. We will be informing you before charges incur.
Electronic Fund Transfers (EFT) processes Bill payments. Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations.
If you believe an error (other than an electronic fund transfer problem) has occurred, you can call the following numbers for information about how to handle the problem:
Bill Payment Service: (866) 224-7572 : 4:30 AM - 8:30 PM PST
Community Bank of the Bay: (510) 433-5400 : 8:00AM - 5:00 PM PST
If you have general information question about your deposit account(s), please call (510) 433-5400. General Information such as: balance information, transactions other than those conducted through the Internet Banking service, questions about interest earned, or to stop payment on personal checks, or if you believe an error (other than an electronic fund transfer problem) has occurred concerning a deposit account.
Change in Terms
If the change results in increased fees or charges, increased liabilities for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers. We will mail or deliver a written notice to you at least 30 days before the effective date of any change in a term or condition disclosed in this agreement. We may send any such notice to you only by electronic mail and you will be deemed to have received it three days after it is sent.