Online Banking Agreement and Disclosure
This Online Banking Agreement (this "Agreement") contains the terms that govern your use of the American Plus Bank Online banking service. In this Agreement, we will use the word "Service" to refer to the American Plus Bank Online banking services. You may use a Service to access your Eligible Accounts (defined in section II of this Agreement) through the Internet. You may also use a Service to access a number of Online Financial Services (defined in section X of this Agreement) through the Internet. By using a Service to access an Eligible Account or Online Financial Service, you are agreeing to the terms of this Agreement. In this Agreement, the words: "Bank", "we," "us," "our" and "American Plus Bank" are used to refer to American Plus Bank, N.A. and any of their affiliates or direct or indirect subsidiaries, when they or the affiliates or subsidiaries hold an Eligible Account or provide an Online Financial Service; "you" or "your" is used to refer to the owner of an Eligible Account or an authorized representative; "consumer" is used to refer to a natural person who owns an Eligible Account with respect to which an Online Financial Service is requested primarily for personal, family or household purposes; "business" is used to refer to anyone other than a consumer who owns an Eligible Account with respect to which an Online Financial Service is requested; and "authorized representative" is used to refer to a person with authority of any kind with respect to an Eligible Account or an Online Financial Transaction.
WAIVER OF REQUIREMENT FOR TWO SIGNATURES: You recognize that any requirement of verifying two signatures on checks, if such a requirement exists, does not apply to electronic or telephone transfers, and release Bank from liability when making such transfers. This means that any person who is authorized to act as a signer on your account shall be authorized by you to individually make electronic or telephonic transfers, even though that person's authority to transfer or withdraw funds from your account by some other means (e.g., by check) must be exercised jointly with one or more other persons. Notwithstanding any other access agreement or terms and conditions with respect to your access to an Eligible Account established primarily for personal, family or household purposes, this Agreement shall have precedence in interpreting any inconsistencies in the provisions of such agreements.
II. ELIGIBLE ACCOUNTS
Eligible Accounts include deposit and loan accounts you maintain with American Plus Bank. Each of your Eligible Accounts will continue to be subject to the agreement that already applies to it. In the event there is any conflict between this Agreement and agreement for your Eligible Account, or if any agreement for your Eligible Accounts contains a provision that is not in this Agreement, your agreement for your Eligible Account will take precedence over this Agreement but only to the extent it applies to that particular Eligible Account. Joint account owners have the right to any information or to make any request associated with their account. Please refer to the agreement governing your Eligible Accounts for more information. Additionally, each Eligible Account and Online Financial Service will be subject to the following:
III. ACCESS TO ELIGIBLE ACCOUNTS
You authorize American Plus Bank to provide access to some or all Eligible Accounts through the Service. For each Eligible Account to which access is provided, you may request removal of such access by calling American Plus Bank Online Customer Service at (626) 821-9188. You may access an Eligible Account at the American Plus Bank website at https://www.bankaplus.com (called the "Website") to obtain balances, transaction history and other information. To access an Eligible Account or use an Online Financial Service you must have a password and the required hardware and software. Subject to the terms of this Agreement, you will generally be able to access your Eligible Accounts through the Website seven days a week, 24 hours a day. A transfer between Eligible Accounts (called internal transfer) completed through a Service before the transfer cutoff time on a business day will be posted to your Eligible Account the same day. All internal transfers completed after the transfer cutoff time on a business day or on a day that is not a business day, will be posted on the next business day. The internal transfer cutoff time is 5:00 p.m. (Pacific Time). Every day is a business day except Saturdays, Sundays and federal holidays
At certain times, a Service may not be available due to system maintenance or circumstances beyond our control. During these times, you may contact us at (626) 821-9188 to obtain information about your Eligible Accounts.
IV. LINKED ELIGIBLE ACCOUNTS
Eligible Accounts that are linked together in the same portfolio will appear together without regard to the ownership of those accounts, for example, that when an authorized representative of an Eligible Account accesses the Service, that authorized representative will be able to view and access at a single time the following accounts:
V. BUSINESS ACCOUNTS
If you are a business, any authorized signer of your business account is authorized on such terms, conditions, and agreements as we may from time to time require to:
VI. ELECTRONIC MAIL (EMAIL)
One way we may communicate with you is through email. By sending us an email or otherwise providing us with an email or text message address, you expressly consent to American Plus Bank sending email or text messages to such address. You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur. You cannot use email to initiate transactions on your Eligible Accounts unless you have signed the "Fund Transfer Authorization" agreeing to use the Bank's secured email. For transactions, please use the appropriate functions within the Service or call American Plus Bank Online Customer Service at 626-821-9188.
NOTE: E-mail transmissions outside of the Online Banking Website are not secure. We advise you not to send us or ask for sensitive information such as account numbers, password, account information, etc. via any general or public e-mail system.
VII. SCHEDULE OF FEES
There is a $10.00 charge for business account Bill Payment service per month. The fee will be deducted automatically from the Bill Payment account you specify each month.
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
VIX. USE OF YOUR SECURITY PASSWORD
You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:
X. ONLINE FINANCIAL SERVICES
You may use the Service to obtain such products and services as are then available through the Service as then disclosed at the Website (the "Online Financial Services"). With respect to your Eligible Deposit Accounts, this includes obtaining balance information, transferring funds between eligible deposit accounts, reviewing transactions on eligible accounts, online bill payment and obtaining copy of statement. With respect to loan accounts, you may obtain balance information and copy of loan statement. American Plus Bank may, from time to time, introduce new Online Financial Services. When this happens, we will update our Website to include them. By using an Online Financial Service, you agree to be bound by the terms contained in this Agreement at that time.
NOTE: Because regulations require the Bank to limit pre-authorized transfers (including Internet Banking transfers), the following limitations apply:
XI. BILL PAY
Upon approval of the online bill payment service, you will be required to accept the online bill pay service agreement and disclosure. Refer to the online bill payment service agreement and disclosure under a separate link for specific information.
XII. ADDITIONAL PROVISIONS APPLICABLE ONLY TO BUSINESS ONLINE BANKING
A. ENROLLMENT AND ACCOUNTS
For business accounts electing to opt in business online banking in order to utilize services solely provided under business online banking, you must complete and return an Enrollment Form to us for our approval. Once approved, we will provide you confirmation of our acceptance of your enrollment and your assigned Access ID and temporary password. The temporary password will be sent by email to the person you appointed as “Administrator” on the Enrollment Form.
An Administrator is an user who is authorized to create additional users and to edit and monitor other users within your organization. An Administrator is not eligible to enroll in other online business services or grant levels of access to other users that have not been granted to the Administrator. Your administrator may authorize other users and control their scope of activities by designating user levels, access levels, and account settings, and provide each with a separate Access ID and password.
You are responsible for (and we will have no liability to you for) any unauthorized payments, transfers or other transactions performed on any account linked to this service that are made by a designated user or Administrator using the Access ID you assign, and that occur before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
B. TRANSFER OR PAYMENT ORDER OUTSIDE AMERICAN PLUS BANK
Under Business Online Banking, we offer you Services that allow you to make payments to others by wire. When you transmit a transfer or payment request (“Order”), you authorize us to charge the designated account for the amount indicated. You acknowledge and agree that this Agreement together with the terms and conditions specified in the Enrollment Forms sets forth security procedures for online banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we have had a reasonable opportunity to act on such notice). We are not responsible for detecting or rejecting duplicate Order. If you give us an Order that is incorrect in any way, you agree that we may charge your account for the payment whether or not the error could have been detected by us. You must accurately describe transaction beneficiaries, intermediary financial institutions, and the beneficiary’s financial institution in your Orders. If you describe any beneficiary or institution inconsistently by name and number, we and other institutions may process the Order solely on the basis of the number, even if the number identifies a person or entity different from the named beneficiary or institution. The wire transfer cutoff time is 1:00 p.m. (Pacific Time).
You will not allow others to initiate Orders on your behalf without our prior written consent. You will be solely responsible for the acts and omissions of such agents. You agree to indemnify, defend and hold us harmless from any actions, claims, proceedings, damages, losses and costs which you or we incur as a result of their actions or omissions.
Available Funds: We may refuse an Order if there are not sufficient collected and available funds in your account on the date we initiate the transaction or on the payment date. We may place a hold on funds pending our processing of your Order. Nothing in this Agreement, or any course of dealing between us, shall be construed as our commitment or obligation to lend money to you.
Foreign Transfer: If your Order involves a foreign transfer, we may execute the Order in the currency of the country of the payee’s financial institution at either our buying rate of exchange for U.S. dollar transfers or the exchange rate of the payee institution. If the transfer is returned for any reason, you agree to accept the refund in U.S. dollars in the amount of the foreign money credit, based on the current buying rate on the day of the refund, less any charges and expenses incurred by us. Foreign transfers may be subject to delays, changes in foreign currency exchange rates, and charges imposed by other financial institutions. A portion of those charges may be shared with us.
Transaction Limits and Safeguards: You agree not to exceed the transaction limits established from time to time for your account as designated on the enrollment form. You agree that you will not allow anyone to initiate Orders without proper supervision and adequate safeguards, and that you will regularly audit the actions of your Administrators, users and authorized representatives.
Cancellation and Amendment of Orders: You may not cancel or amend an Order after we receive it. If we attempt to reverse an Order at your request, we assume no liability for any interest or losses that result if the reversal is not effected. You agree to indemnify, defend, hold harmless and reimburse us for all expenses, losses, claims, actions, proceedings and damages we incur in effecting or attempting to effect any reversal. You are solely responsible for providing notice to receivers that a reversal is being transmitted and the reason for the reversal no later than the settlement date of the reversing entry.
Refusal of Orders: We may refuse any Order with or without cause or prior notice. For example, we may refuse an Order if there are not sufficient collected and available funds in your account on the date we initiate the transaction or on the settlement date. We may notify you of such refusal electronically, in writing, by telephone, or otherwise no later than two business days after the date the Order was to be effected. We are not required to pay you interest on a rejected Order for the period from refusal of the Order to your receipt of the notice of refusal.
Notice of Returned Orders: We may notify you electronically, in writing, by telephone, or otherwise regarding any Order that is rejected or returned for any reason. We will not be obligated to credit your account with any interest, unless the return is caused by our failure to properly execute the Order. We may attempt to remake the Order if the return is due to our error and we have sufficient data to remake the Order.
Unauthorized Order: We may process any Order (including an amendment or cancellation Order) we believe is transmitted or authorized by you if we act in compliance with the security procedure agreed upon by you and us. Such Orders will be deemed effective as if made by you, and you will be obligated to pay us in the amount of such Orders, even though they are not transmitted or authorized by you. We strongly recommend that you impose a dual control environment in connection with the transmission and confirmation of Orders.
Security Procedure: Your payment order provides token as part of security procedure that may be used to supplement the Access ID and the password. You agree that we may use the security procedures to verify the authenticity of Requests that are received by us and to prevent unauthorized Transfers. You agree that the security procedures are intended to verify authenticity and not to detect error.
If a Request is received by us and purports to have been transmitted or authorized by you, it will be deemed effective as your Request and you will be bound by the Request, even if the Request was not authorized by you, provided we acted in compliance with the security procedure chosen by you. For example, you will be obligated to pay the amount of the Request, even if a Request was not authorized by you, if the authenticity of the Request has been verified using the security procedures. You will also be bound by a Request that is a Request initiated by you or anyone authorized by you (including your Administrator and any authorized user), even if we did not verify its authenticity using the security procedures and even if the security procedures would have prevented the transaction or error.
Compliance with Security Procedures/Protection of the Services: You assume all risks associated with disclosure or discovery of any security procedure (including Access ID, passwords or token) to or by your employees or others. You agree to limit disclosures of passwords to those who you authorize or who have a specific need to know and who have been authorized by you to use the Services you desire. You will establish procedures to protect the confidentiality of all information relating to the Services, including all security procedures, and will promptly notify us if you know or suspect that codes, passwords or other security procedure is stolen, compromised, or misused. You will require users to create new passwords at reasonably frequent periods, based on your assessment of the security requirements appropriate for the Services utilized by you. You agree to promptly inform the Bank to remove a user's access from the System whenever the user leaves your employment or otherwise is no longer authorized to use the System on your behalf.
XIII. TERM AND TERMINATION
This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.
B. TERMINATION FOR CAUSE.
We may immediately terminate your electronic banking privileges without notice to you under the following circumstances:
C. TERMINATION FOR CONVENIENCE.
To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). You may notify the Bank by one of the following methods:
XIV. ERRORS AND QUESTIONS
In case of errors or questions regarding an Online Banking transaction, please call 626-821-9188. You should report an unauthorized Online Banking transaction that appears on your periodic statement no later than 60 days of transmittal of the statement.
A. OUR LIABILITY.
This section explains our liability to you only to the extent that our liability has not been separately disclosed by any other agreements, notices or disclosures. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement and Bill Payment Agreement. We will be liable for the amount of any material losses or damages incurred by you resulting directly from our gross negligence. We will not be liable to you in the following instances:
You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment account.
C. THIRD PARTIES.
We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser),...etc., by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.
D. VIRUS PROTECTION.
The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
XVI. GENERAL PROVISIONS
We reserve the right to amend or cancel any of the provisions of this Agreement, including changes to any fees, costs, or assessments. We may amend or cancel any provision or charge by disclosing the change electronically, and, at our option, by sending you notification in addition thereto. We will provide notice of thirty (30) days of any changes (or such lesser period as may be allowed by applicable law) unless an immediate change is necessary to maintain the security of the system. You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing the accounts or services to which these changes relate, at your option. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.
B. GOVERNING LAW.
Each of your Eligible Accounts will continue to be read and interpreted according to the laws described in the agreements you have with us regarding those Eligible Accounts (for example, your deposit account agreement with us). Except where superseded by the laws of the United Stated of America or regulations promulgated there under, this Online Banking Agreement will be read and interpreted according to the laws of the State of California, without regard to conflict-of-law rules. In any legal action or claim regarding this Online Banking Agreement, the prevailing party will be entitled to recover costs and attorney fees.
We may assign this Agreement to any affiliate, parent or other company; however, you may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
D. PROPRIETARY RIGHTS.
Other than your Materials and Account Information, all content included or available on the Service, such as advertisements, text graphics, logos, button icons, images, audio clips, and software, is the property of American Plus Bank, and/or third parties and is protected by copyrights, trademarks, or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the Service is the exclusive property of American Plus Bank and/or it licensors and is protected by copyright or other intellectual property rights. The trademarks, logos, and service marks displayed on the Service (collectively the "Trademarks") are the registered and unregistered trademarks of American Plus Bank, or third parties. Under no circumstances may you use copy, alter, modify, or change these Trademarks. Nothing contained on the Service should be construed as granting by implication or otherwise any license or right to use any Trademark without the express written permission of American Plus Bank, or the third party which has rights to such Trademarks, as appropriate.
E. ENTIRE AGREEMENT.
This Agreement represents the sole and exclusive agreement between you and American Plus Bank regarding the Service and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof. If any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected.
Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If you have any questions regarding this Agreement, please contact American Plus Bank Online Customer Service at (626) 821-9188.
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