Agreement - This Internet Banking User Agreement and Electronic Funds Transfer Act Disclosure Statement ("Agreement"), which includes the Internet Banking Fee Schedule and Internet Banking Enrollment form ("Form"), is a contract establishing the rules which cover your electronic access to your Accounts at CTBC Bank ("Bank") through the Internet banking system ("System"). “Payee" or “Merchant” means anyone you designate and we accept as a payee. “Payment” means your remittance to a payee.
When you use any of the services through the System, or authorize others to use those, you accept all terms and conditions of this Agreement. You agree to use the System solely as provided in this Agreement. The terms and conditions of the Account Agreement covering your Bank Account as well as your other deposit and loan agreements and schedule of fees and charges, continue to apply. To the extent there is an inconsistency between the terms of the Account Agreement and this Agreement, the terms and conditions of this Agreement will control, provided the application will be favorable to Bank. You should review the Account Agreement for any applicable fees, limitation on the number of transfer you make, and for other restrictions that might impact your use of an Account with the System.
This Agreement is also subject to applicable federal laws and the laws of the State of California (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Bank's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form and Internet Banking Fee Schedule, constitutes the entire agreement between you and the Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
Definitions - As used in this Agreement, the words "we," "our," "us" and "Bank" mean CTBC Bank. "You," "your" and "Customer" refer to the Account holder authorized by Bank to use System under this Agreement and anyone else authorized by that Account holder to exercise control over the Account holder's funds through the System. "Account" or "accounts" means your accounts at Bank. "Electronic funds transfers" means ATM withdrawals, pre-authorized transactions, point of sale transactions and transfers to and from your Bank accounts using System including bill payments. "System Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday. Holidays are not included. "Consumer" means a natural person whose Account is established primarily for personal, family, or household purposes.
A. System Basic Services (known as Retail Online Banking). You can use System to:
System Advanced Services (known as Business Online Banking). You can use the System to:
For certain types of Account and Account ownerships such as restricted Accounts or Accounts which requires two or more signatures only Account histories.
B. Registration Process
If you are subscribing to the Retail Online Banking service, you can sign-on to the System and enroll through the internet at www.ctbcbankusa.com. If you are subscribing to “Business Online Banking” service, you are required to complete the initial registration Form. The original signed Form must be returned through the mail or dropped off at one of our branch offices. The information on the Form will define the functions enabled for your Accounts through the System. Once we verify the information you submitted for accuracy and authorizations, yourAaccount activation will be notified through mail and/or email. You must have at least one checking Account at the Bank to use the System.
In addition to requiring an Account, to use the System, you must have an email address and a computer with access to the internet. Once we have received your signed enrollment form and verified your Account information, we will send you confirmation of our acceptance of your enrollment, along with your assigned Login ID and temporary password. The System can be used to access only those Bank accounts designated for access by System in your Enrollment Form.
You can add or delete any of your Accounts from this Agreement by completing a new enrollment form. Access to your Accounts through the System will be based upon the identification of users and authority levels specified by you in your enrollment form.
You are responsible for the installation, maintenance, and operation of your computer and your browser software. The risk of error, failure, or non-performance is your risk and includes the risk that you do not operate your computer or your software properly. The Bank is not responsible for any errors or failures from any malfunction of your computer or your software. The Bank is not responsible for any computer virus related problems or any electronic virus you may encounter. The Bank has no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or your software.
D. Joint Accounts
When your System service is linked to one or more joint Accounts, we may act on the verbal, written or electronic instructions of any authorized signer regarding your System Service. Joint Account holders will each be assigned a separate confidential password.
E. Authorized Representatives for Business Accounts
If you are a business, you represent and warrant that any authorized representative of your business is authorized on such terms, conditions, and agreements as we may from time to time require to:
F. Hours of Access
You can use the System seven days a week, twenty-four hours a day, although occasionally some or all System services may not be available due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the System website if we have prior knowledge of such occurrence.
For security purposes, you are required to change your password upon your initial login to the System. You determine what password you will use; your password is not and should never be communicated to us. Upon three unsuccessful login attempts, your access to the System will be locked out. To re-establish access to use the System, you must contact customer service to have your Account unlocked and to obtain a new temporary password, if needed. . Passwords require between 6 to 10 characters and at least one numeric, alpha and special character. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth or names of children, and should be memorized rather than written down.
H. Internet Security Information
Our System service utilizes a comprehensive security strategy to protect Accounts and transactions conducted over the Internet. In-depth information on many of the techniques and features employed by the system can be viewed or printed from our website where the system's consumer or commercial features are explained. In addition to our login security, SSL (secure socket layer) encryption technology secures System. Your browser automatically activates this technology when it connects to our system and it will support 128-bit key certificates and 128 bit encryption. We recommend you set your minimum browser requirements to a "Medium" level status.
Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small padlock icon at the bottom of the screen from open to locked. What this means to you is that your communications are encrypted from your browser to our servers at all times, so no unauthorized party can read the information as it is carried over the Internet. Additionally, our servers have been certified by a Certificate of Authority to assure you that you are actually talking to our servers instead of someone pretending to be us.
During your use of the System, we will pass a "cookie" to your browser to identify you. We do not (and cannot) use our cookies to obtain new information about you. A "cookie" is security data given to a browser by a web server and returned by the browser on subsequent transmissions to identify the user and encryption information. When you log onto the System, this cookie enables us to process multiple transactions during the session without you having to provide your Login ID and password for each individual transaction. After a predetermined amount of time set by our security system or when you log off, the session cookie is no longer accepted and the password must be re-entered. A new cookie is used for each session, so that no one can use the cookie to access your Account. For Business Online Banking users, a cookie may also be used to restrict access to a specific PC for conducting business transactions.
I. Data Security
You understand the importance of your role in preventing misuse of your Accounts through the System, and you agree to promptly examine the paper statement for each of your Accounts as soon as you receive it. You agree to protect the confidentiality of each of your Accounts and Account numbers, and your personal identification information such as your driver's license number and social security number. You understand that personal identification information by itself or together with information related to your Account may allow unauthorized access to your Account. Your password and Login ID are intended to provide security against unauthorized entry and access to your Accounts. Data transferred via System is encrypted in an effort to provide transmission security; the System utilizes identification technology to verify that the sender and receiver of System transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the System, or email transmitted to and from us, will not be monitored or read by others.
J. Fees and Charges
You agree to pay the fees and charges as set forth in our Internet Banking Schedule of Fees and Charges, for your use of System Services. You agree that all such fees and charges will be deducted from your Bank checking Account designated as the "Primary Checking Account" on your Form. If you close your Primary Checking Account, you must contact us immediately to designate another Account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request not covered by this Agreement and fee schedule. You are also responsible for telephone and Internet service fees incurred in connection with your use of System. The Bank may change the system fees, set forth in this Agreement, at any time. You will be notified of any such changes as required by applicable law, either by mail or by an electronic message. You understand that by using the System after a change becomes effective, you have agreed to it.
Transfers initiated through the System before 1:00 p.m. Pacific Standard Time (PST) on a business day are posted to your account the same day. Transfers completed after 1:00 p.m. (PST) on a business day, Saturday, Sunday or banking holiday will be posted on the next business day. The System identifies a transfer based upon the Login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in both the Transfer and Bill Payer menu options of the System will not reflect transfers made by multiple users from the same Account if different Login IDs are used. You agree to communicate to any other persons with authorized access to your Accounts concerning any transfers or bill payments from your accounts, in order to avoid overdrafts.
If you would like to cancel or change a transfer, you must sign into your System services menu and follow the prompts provided. We must receive your instruction to cancel on or before 1:00 p.m. (PST) on the date the transaction was scheduled for processing.
L. Overdrafts (Order of Payments, Transfers and other Withdrawals)
If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then: (a) Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority; (b) Electronic fund transfers initiated through System which would result in an overdraft of your Account may, at our discretion, be cancelled and (c) In the event that electronic fund transfers initiated through System which would result in an overdraft of your Account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that Account.
M. Limits on Services
N. System Bill Payment Services (“Services”)
Any bill you wish to pay through the Services must be payable in U.S. Dollars. You may not use the Services to make transfers to any person that is a subject to Office of Foreign Asset Control restrictions, or to other payees or categories of payees that we establish from time to time. You must designate: a) the Account from which the payments are to be made; b) the complete name of the payee, the Account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; and c) the amount of the payment and the date you want the payment to be debited from your Account. Money market Accounts and savings Accounts are not recommended for bill payment designation due to transaction limitations discussed in item M (a) above. We will not be obligated to make a payment unless your designated Account and/or linked overdraft protection plan has sufficient funds or credit availability to pay the bill on the payment date. When we receive a payment instruction (for the current or a future date), we will transfer funds to the payee from the funds in your designated Account on the payment date. If the date you want the payment to be debited from your account is not a business day, your account will be debited during the next business day before 11:00 a.m. (PST). By using the Services option, you agree that based upon instructions received under your password, we can charge your designated Account by electronic transfer "no signature required draft" or by debiting and remitting funds on your behalf. You also agree that your first System bill payment will be charged to your Primary Checking Account. We reserve the right to refuse payment to any payee designated by you. If we do so, we will notify you promptly. Bank requirements for dual signatures on checks do not apply to the Services. All commercial client requests (i.e., requests not initiated by a consumer customer) relating to entries through an automated clearing house must be processed by Customer consistent with a separate agreement specifically identifying automated clearing house transactions.
Customer agrees to comply with any applicable state or federal law in connection with its use of the Services and the fulfillment of its obligations under this Agreement. Customer acknowledges that the Automated Clearing House system may not be used in violation of, and that entries originated by Customer must comply with, the laws of the United States, including sanctions laws administered by the Office of Foreign Asset Controls. In addition Customer agrees that ACH transfers will be made in compliance with the Operating Rules of the Western Payment Alliance (WESPAY), and the Operating Rules of the National Automated Clearing House Association (NACHA).
To subscribe to the Services, you must designate a specific checking Account through which to process your bill payment transactions. The Account you designate for this purpose must be in good standing with the Bank in accordance with our criteria.
We will not permit you to use a money market Account or savings Account as your designated bill payment Account because federal regulations require us to limit the number and types of transfers from these Accounts.
We reserve the right to terminate your use of the Services at any time without prior notice to you.
If, for any reason, you should want to terminate your use of the Services, we recommend that you cancel all future bill payments and transfers at the same time you terminate the Services, either by deleting the payments yourself or by contacting the Bank as stipulated below. We will delete all outstanding payments (both one-time and recurring), as part of your Services termination.
We are not responsible for any fixed payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any and all payments made by us on your behalf through the Services.
Should you opt to discontinue any of the Accounts or services to which this Agreement pertains, written notice must be provided to us immediately at the following address. Telephone or write to us as soon as you can at (310) 791-2828, 801 S. Figueroa St., Suite 2300 Los Angeles, CA 90017
System will notify you on the schedule payment due date if a bill payment is not processed because there are insufficient funds available in your Account.
A Receiving Depository Financial Institution ("RDFI") is the institution that receives ACH entries from the ACH Operator and posts them to the Accounts of its depositors ("Receivers"). Customer agrees to be bound by the provision of the National Automated Clearing House Rules making payment of a credit Entry by the RDFI to the Receiver provisional until receipt by the RDFI of final settlement for such credit Entry. Customer understands that if final settlement is not received, the RDFI will be entitled to a refund from the Receiver of the amount credited and Customer will not be deemed to have paid the Receiver the amount of the credit entry.
Customer agrees that any payment by Bank to Customer for any returned credit entry or credit reversal is provisional until receipt by Bank of final settlement for such entry. If final settlement is not received, Bank is entitled to a refund from Customer of the amount credited and Bank may charge Customer's Account for the amount credited. Bank may refuse to permit the use of any amount credited for a credit reversal if it believes that there may not be sufficient funds in Customer's Account to cover chargeback or return of such reversal.
O. Stop Payments (General)
You may only initiate stop payment requests online via System for paper checks you have written (non-electronically) on your Accounts (not System bill payer paper drafts.) Online stop payment requests are processed before 11:00 a.m. (PST) on each business day. Any request received after 11:00 a.m. (PST) or on a day that is not a business day will be processed on the next business day. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the amount and the date of the check. Stop payment orders remain in effect for six months, unless renewed for successive six-month periods. No stop payment order will be effective against a check that has paid prior to the time that the Bank has both received the order and had a reasonable period of time to respond to the order. Customer understands that Customer will and Bank will not be responsible for determining whether a check has or has not been paid. You will incur stop payment charges as disclosed in the current fee schedule for the applicable Account.
After the expiration of a stop payment order, a check may be paid even though the check is stale dated (i.e., the check is presented more than six months after the date indicated on the face of the check).
Before Customer submits a stop payment order to Bank through the Services, Customer agrees to access the appropriate Account and data bases through the Services (or other Bank media such as prior Account statements) and determine whether the check to which the stop payment order relates has or has not already been paid. Customer understands that the information available through the Services regarding Account status, and specifically whether individual checks have or have not been paid, is updated only once in each 24 hour period, after the close of business. Any loss suffered by Customer due to Customer's decision to issue a new or replacement check, or to take any other action, based on information in the Services prior to the next banking day after the banking day on which the stop payment order has been received by Bank will be the responsibility of Customer and not of the Bank.
Customer may cancel stop payment orders through the Services, or by writing Bank. Stop payment orders are automatically canceled when the Account on which the check is drawn is closed.
Under certain circumstances, a holder of the check may be entitled to enforce payment against Customer even when a stop payment order is in effect.
We may disclose information to third parties about your Account or your transactions: •When it's necessary for completing transfer or bill payments.
Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any System service, increased liability for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an Account or our electronic fund transfer system.
We will post any required notice of the change in terms on the Bank System website or forward it to you by email or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the Account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or the entire subject System Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific Accounts are governed by the applicable deposit agreements and disclosures.
S. E-Mail Messages
While access to Bank through the E-Mail function of the Services is "on-line," messages sent to Bank through E-Mail are not reviewed by Bank personnel immediately after they are sent. Rather, Bank personnel will review E-Mail messages periodically, but at least once per each business day. If immediate attention is required, Customer must contact Bank by telephone or in person or through some other procedure not using the Services.
Customer's E-Mail messages may be acted upon by Bank if received in a manner and in a time providing Bank a reasonable opportunity to act. Nevertheless, unless otherwise provided herein, E-Mail messages will not serve as a substitute for any requirement imposed on Customer to provide Bank with "written" notice.
T. Post-Dated Checks
Customer must handle all post-dated check matters through their banking office.
U. Provisions Applicable to Consumers Only
V. Your Right to Terminate
You may cancel your System service at any time by providing us with written notice by postal mail or fax. Your access to System will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation. This cancellation applies to your System Services and does not terminate your Bank Account.
W. Our Right to Terminate
You agree that we can terminate or limit your access to System Services for any reason, in our sole discretion, at any time. Without limiting the generality of the foregoing Bank may terminate or limit your access to the System Services for any of the following reasons: (1) Without prior notice, if you have insufficient funds in any one of your Bank Accounts; System Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers and debits; (2) Upon 3 business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account, (3) for excessive withdrawals from your savings or money market Accounts. We will try to notify you in advance, but we are not obligated to do so.
Except as otherwise expressly provided herein, any notice or other communication required or permitted to be given under this Agreement shall be written and delivered, or sent by United States registered or certified mail, postage prepaid, or by express carrier, to Customer's address as it appears on the Bank's computer file. Or if to Bank, addressed to: CTBC Bank 801 S. Figueroa St., Suite 2300, Los Angeles, CA 90017 Attn: Internet Banking Department, or the branch where your Account is located unless another address is substituted by notice delivered or sent as provided herein. Except as otherwise expressly provided herein, any such notice shall be deemed given when sent or received by Bank.
Y. Offer of Services through Affiliates or Third Parties
Bank has the right to offer the Services through an affiliate or unrelated third party. In order to provide the Services to Customer through this type of arrangement, Customer authorizes Bank to disclose information on Customer's accounts and services to the affiliate or third party who provides the Services.
Z. Force Majeure and Limitation of Liability of Bank
Notwithstanding any other provision of this Agreement, Bank shall not be liable for any loss, expense or delay caused by accidents, strikes, fire, flood, war, riot, electrical or mechanical failure, software, acts or omissions of the Customer, or any other third parties (including but not limited to acts or omissions of any telephone or telecommunications carrier), acts of God or any other cause or causes which are beyond its reasonable control.
AA. Virus Protection
The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PCs and diskettes using a reliable virus detection product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
AB. Non-EFTA Transfers
This Paragraph AB applies to electronic funds transfers that are not governed by the Electronic Fund Transfers Act ("EFTA"). For example, electronic fund transfers to or from an Account are not governed by the EFTA if the Account is not established primarily for personal, family or household purposes. In addition, electronic fund transfers through FedWire or a similar wire transfer system, or where the primary purpose is for the purchase or sale of securities, are not covered by the EFTA.
To the extent the terms of this Paragraph AB are inconsistent with the rest of the provisions of the Agreement, the terms and conditions of this Paragraph AB will control as they apply to electronic funds transfers that are not governed by the EFTA.