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PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By pressing the "I Agree" button, you agree
to the terms and conditions of the Internet
Banking User Agreement and Electronic Funds
Transfer Act Disclosure Statement. By
pressing the "Cancel" button, you will be
returned to the home page. You may view or
print the Agreement below. This Agreement
may also be provided to you on paper in the
mail. To request a copy, at no charge,
please contact any of our branches.
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Internet Banking
User Agreement and Electronic Funds
Transfer Act Disclosure Statement |
GENERAL INFORMATION
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 Chinatrust Bank (U.S.A.)
("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
System, or authorize others to use them, 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
agreements and disclosure for each of your
Bank accounts as well as your other deposit
and loan agreements and schedule of fees and
charges with Bank, continue to apply. To the
extent there is an inconsistency between the
terms of the Account agreements and
disclosures and this Agreement, the terms
and conditions of this Agreement will
control, provided the application will be
favorable to Bank. You should review all
account agreements for any applicable fees,
limitation on the number of transfer you
make, and for other restrictions which might
impact your use of an account with 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 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
Chinatrust Bank (U.S.A.). "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 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.
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DESCRIPTION OF
SERVICES
A. System Basic Services (known as
Retail Online Banking). You can use System
to:
- check the balance of your accounts;
- view account histories;
- obtain your account statement and
image of checks issued;
- transfer funds between your linked
Bank accounts;
- order checks;
- make stop payment requests;
- pay bills from your accounts if you
have requested the Bill Payment Service;
- export account transaction history
to financial software or spreadsheets;
- with secure 24 hr account access.
System Advanced Services (known as
Business Online Banking). You can use System
to:
- check the balance of your accounts;
- view account histories;
- obtain your account statement and
image of checks issued;
- transfer funds between your linked
Bank accounts;
- make tax payments on checks issued;
- request fund transfers from your
account;
- set up direct deposit for payroll;
- allow employee access with flexible
security functions;
- make stop payment requests on checks
issued;
- pay bills from your accounts if you
have requested the Bill Payment Service;
- export account transaction history
to financial software or spreadsheets;
- with secure 24 hr account access.
Certain types of account and account
ownerships such as restricted accounts or
accounts which requires two or more
signatures may only be allowed to view
account histories.
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B. Registration Process ?VIf you are
subscribing to the Retail Online Banking
service, you can sign-on to the System and
enroll through the internet at
www.chinatrustbankusa.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 mail or
dropped off at a branch. 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, your account
activation will be notified through mail
and/or email. You must have at least one
checking account at Bank to use System.
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C. Access - In addition to a Bank
account, to use 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. System can be
used to access only the Bank accounts
designated for access by System in your
Enrollment Form.
You can add or delete any of your Bank
accounts from this Agreement by completing a
new enrollment form. Access to your accounts
through 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.
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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.
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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:
- Enter into this Agreement,
as amended from time to time;
- Access each account of
yours in any manner and for any purpose
available through the System Services,
whether now available or available at
some time in the future; and,
- Use any System Services in
any manner and for any purpose available
through the System, whether now
available or available at some time in
the future.
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F. Hours of Access - You can use
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.
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G. Password - For security purposes,
you are required to change your password
upon your initial login to 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 System will
be locked out. To re-establish access to use
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.
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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 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.
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I. Data Security - You understand the
importance of your role in preventing misuse
of your accounts through System, and you
agree to promptly examine the paper
statement for each of your Bank accounts as
soon as you receive it. You agree to protect
the confidentiality of your account and
account number, 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; 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
Bank System, or email transmitted to and
from us, will not be monitored or read by
others.
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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 the 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 System after a
change becomes effective, you have agreed to
it.
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K. Transfers - Transfers initiated
through 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. 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 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.
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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.
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M. Limits on Services -
- Amounts and Frequency of
System Transactions. The number of
transfers from Bank accounts and the
amounts that may be transferred are
limited pursuant to the terms of the
Account Agreement and Disclosure and
other applicable deposit agreement and
disclosure for those accounts. If your
account is a savings or money market
account, you agree not to initiate more
than six transfers or withdrawals per
statement cycle to another account of
yours or to third parties, when these
transfers are made by means of a
preauthorized or automatic transfer, or
telephonic agreement, order or
instruction. No more than three of the
six transfers can be by check, draft,
debit card or similar order made by you
and payable to third parties. If a hold
has been placed upon deposits made to an
account from which you wish to transfer
funds, you cannot transfer the portion
of the funds held until the hold
expires.
- Dollar Limitations. The
maximum dollar limit on wire payments,
account transfers, or ACH payments for
consumer (personal) accounts is equal to
the available balance in the Customer's
account, plus Customer's available
overdraft line of credit, whichever is
less, but in no event to exceed $2,500
per business day. Dollar limits on
business accounts users are disclosed in
the ODFI-ACH Originator Agreement for
direct deposit ?V payroll service.
Separate limits for wire payments,
account transfers, and ACH payments for
business accounts as well as bill
payment limits for each Business Online
Banking user may be established upon
approval by the Bank.
- Balance information.
Balance information obtained through the
System will reflect all credit and debit
information as of the end of the
previous banking day. The balance figure
includes funds that are subject to
Bank's funds availability policy and may
include funds that are not available for
immediate withdrawal or transfer.
- Bank is not obligated to
honor transfer. Bank may in its sole
discretion refuse to accept or otherwise
execute any request for Services,
whether for cause or without cause, and
shall have no liability for such
refusal. Should any request not be
performed by Bank in accordance with
instructions received by Customer, Bank
shall notify Customer on or before the
next business day of Bank, or otherwise
by more expeditious means (including
telephonic notice).
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N. System Bill Payment Services
(??Services??) ?V
- Description
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 Bank 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 Bank
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 Bank
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).
- Requirements and
Restrictions
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.
- Payee Designation
You can use the Services to make payments
to almost any Payee including individuals,
local service providers, utilities, credit
cards, or to make mortgage or loan
payments, or charitable donations, etc.
The Bill Payment Service cannot be used to
make payments for the following:
- Tax payments to the Internal Revenue
Service or any state, local or other
government agency;
- Court-ordered payments such as child
support or alimony; and
- Payees located outside of the United
States.
By furnishing us with the names of your
Payees (merchants and/or individuals) and
their addresses, you give us authorization
to follow the payment instructions, which
you provide to us. When we receive a
payment instruction for the current date
or a future date, we will remit the funds
to the Payee on your behalf from the funds
in your designated account, on the day you
have instructed them to be sent (Payment
Date). We are not obligated to pay funds
from your account if the available account
balance is insufficient to cover the
payment. Funds for ALL bill payments,
whether paid electronically or by check,
will be withdrawn from your account no
later than three (3) business days
following the payment date.
We are not responsible if a payment
cannot be made due to incomplete,
incorrect, or outdated information
provided by you regarding a merchant, or
if you attempt to pay a merchant that is
not on your Merchant Accounts list.
- Making and Scheduling
Payment
You may use the Services to authorize
recurring payments or non-recurring
payments. Recurring payments are payments
that you schedule in advance to recur at
substantially regular intervals in the
same amount to the same Payee.
Non-recurring payments are a single,
one-time payment to a specified Payee
(current or future). Non-recurring
payments may be scheduled to be initiated
up to eighteen (18) months in advance.
We limit the amount of each individual
transaction for Business Online Banking
to $5,000 and $ 2,500 for Retail Online
Banking. A separate limit for business
users may be established upon approval
from the Bank.
Payments are processed Monday through
Friday at 11:00 a.m. PST, except on
Federal holidays. If you attempt to
schedule a payment on a weekend or
Federal holiday, you will be prompted to
select a different date, or the payment
will be processed on the preceding
business day if it is an auto recurring
payment. The payment method may be
electronic or by check. The first payment
to a Merchant must be scheduled at least
five (5) business days prior to the due
date for each bill payment (recurring or
variable) to allow adequate time for the
payment to reach the Payee. The due date
is the date the Merchant has set for
payment, and should not be adjusted for
any grace period or late date
accommodations the Merchant may provide.
Once the Service has been notified
whether a Merchant accepts electronic
payments or requires a paper check, after
making the first payment to that
Merchant, the Service will display a
message indicating that the Merchant
requires either a two (2) day lead time
for an electronic payment, or a five (5)
day lead time if a paper check sent by
regular mail is required.
Any payments made with the Services
require sufficient time for your Payee to
credit your account with them properly.
To avoid incurring a finance charge or
other charge, you must schedule a payment
sufficiently in advance of the due date
of your Payment. If you fail to schedule
your payment according to the recommended
time frame, we will not be responsible
for the late fees or finance charges. We
will not be liable if any third party,
through whom any payment is made, fails
to properly transmit the payment to the
intended Payee.
You agree to have available and collected
funds on deposit in the account you
designate in amounts sufficient to pay
for all payments requested, as well as
any other payment obligations you have to
us. We reserve the right, without
liability, to reject or reverse a payment
if you fail to comply with this
requirement or any other terms of this
Agreement. If you do not have sufficient
funds in your designated account and we
have not exercised our right to reverse
or reject a payment, you agree to pay for
such payment obligations on demand. You
further agree that we, at our option, may
charge any of your accounts with us to
cover such payment obligations.
- Change or Delete Payments
/ Stop Payments (Bill Pay)
Online scheduled payments can be changed
or cancelled, provided you access the
Service prior to 11 a.m. PST on the
business day the payment is going to be
processed.
We shall not be liable to you due to a
stop payment request if your order to do
so is not presented prior to the time the
payment has cleared. Once the payment has
cleared, you can no longer stop payment.
- Liability
You are solely responsible for
controlling the safekeeping of and access
to your Services information. 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
change your Online Banking logon
password. In the event that you have
experienced unauthorized access to your
accounts through the Services, you must
notify us of the unauthorized access,
identify any payments made or potential
payments scheduled, and change your logon
information.
You will be responsible for any payment
request you make that contains an error
or is a duplicate of another payment. We
are not responsible for a payment that is
not made if you did not properly follow
the instructions for making the payment.
We are not liable for any failure to make
a payment if you fail to promptly notify
us after you learn that you have not
received credit from a Payee for a
payment. We are 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 our agent.
In any event, we will not be liable for
any special, consequential, incidental,
or punitive losses, damages, or expenses
in connection with this Agreement or the
Services, even if we have knowledge of
the possibility of them. We are 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 our
reasonable control.
- Inactivity
If you do not access or use the Services
for a period of more than ninety (90)
days, we may in our sole discretion,
terminate your access to and use of the
Services without notice to you.
- Termination of the
Services
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 West Region
(310) 791-2828, 22939 Hawthorne Blvd,
Torrance, CA 90505; East Region (718)
559-9100, 41-60 Main Street, Suite 301-B,
Flushing, NY 11355.
- Notification of
Insufficient Funds
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.
We automatically resubmit the bill
payment for you on the next business day
for one time. If the fund at your account
is still insufficient, you are
responsible for either making alternate
arrangements for the bill payment, or
rescheduling the bill payment through the
Services.
- Provisional ACH Payments
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.
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O. Stop Payments (General)- You may
only initiate stop payment requests online
via System for paper checks you have written
(non-electronically) on your Bank 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. The stop payment order
must be confirmed using written notice
within 14 calendar days. Confirmed 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.
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P. Confidentiality - We may disclose
information to third parties about your
account or your transactions:
- When it's necessary for completing
transfer or bill payments.
- To verify the existence and
condition of your account for a third
party, such as a credit bureau or
merchant.
- To comply with a government agency
or court orders or with the request of a
federal regulator.
- If you give us your permission.
- At our discretion, to our
affiliates.
- On a closed account, if we
reasonably believe you have mishandled
it.
- When we are required by law. For
example, we are required to report cash
transactions totaling more than $10,000
in one day.
- As otherwise permitted in our
agreement with you, by law, or as
required by government regulations.
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Q. Documentation -
- Periodic Statements. You
will not receive a separate System
statement. Transfers to and from your
accounts using System will appear on the
respective periodic paper statements for
your Bank accounts as described in the
deposit account disclosure. You will get
a monthly account statement, unless
there are no electronic funds transfers
in a particular month. In any case, you
will get a statement at least quarterly.
- Preauthorized Credits. If
you have arranged to have direct
deposits made to your account at least
once every 60 days from the same person
or company, you can call the branch
where your account is located to find
out whether or not the deposit was made.
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R. 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.
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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.
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T. Post-Dated Checks
- Customer must handle all post-dated check
matters through their banking office.
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U. Provisions
Applicable to Consumers Only -
- In Case of Errors or
Questions about Your Electronic
Transfers, including Bill Payments.
Telephone or write to us as soon as you
can at West Region (310) 791-2828, 22939
Hawthorne Blvd, Torrance, CA 90505; East
Region (718) 559-9100, 41-60 Main
Street, Suite 301-B, Flushing, NY 11355.
If you think your statement is wrong, or
if you need more information about a
transfer listed on your statement. We
must hear from you no later than 60 days
after we sent the FIRST statement upon
which the problem or error appeared.
When you contact us: (1) Tell us your
name and account number; (2) Describe
the error or transfer you are unsure
about, and explain as clearly as you can
why you believe it is an error, or why
you need more information; (3) Tell us
the dollar amount of the suspected error
and if you tell us orally, we may
require that you send us your complaint
or question in writing. We will
determine whether an error occurred
within 10 business days after you
contact us, or 20 business days if the
notice of error involves an electronic
funds transfer to or from the account
within thirty (30) days after the first
deposit to the account was made ("new
account"), and will correct any error
promptly. If we need more time, however,
we may take up to 45 days, or 90 days in
case of a "new account", to investigate
your complaint or question. If we decide
to do this, we will provisionally 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 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 provisionally
credit your account. We will tell you
the results within three 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.
- Financial Institution's
Liability for Failure to Make a
Transfer. If we do not complete a
transfer to or from your account,
including a bill payment, on time or in
the correct amount, according to our
agreement with you, we will be liable to
you for your losses or damages caused as
a result. However, there are some
exceptions: We will NOT be liable for
instance (1) If, through no fault of
ours, you do not have enough money in
your account to make a transfer; (2) If
a legal order directs us to prohibit
withdrawals from the account; (3) If
your account is closed, or if it has
been frozen; (4) If the transfer would
cause your balance to go over the credit
limit of an established line of credit
or the credit limit for any credit
arrangement set up to cover overdrafts;
(5) If you, or anyone authorized by you,
commits any fraud; (6) If any electronic
terminal, telecommunication device, or
any part of the System electronic fund
transfer system is not working properly
and you knew about the problem when you
started the transfer; (7) If you have
not provided us with complete and
correct payment information for the Bill
Payment Service, including, without
limitation, the name, address, your
payee-assigned account number, payment
date and payment amount for the payee on
a bill payment; (8) If you have not
properly followed the on-screen
instructions for using System or (9) If
circumstances beyond our control (such
as fire, flood, interruption in
telephone service or other communication
lines) prevent the transfer, despite
reasonable precautions that we have
taken.
- Contact in Event of
Unauthorized Transfer. If you believe
your password has been lost or stolen or
that someone has transferred or may
transfer money from your account without
your permission, call or write: West.
Region (310) 791-2828, 22939 Hawthorne
Blvd., Torrance, CA 90505; East. Region.
(718) 559-9100, 41-60 Main Street, Suite
301-B, Flushing, NY 11355.
- Consumer Liability for
Unauthorized Transfers. 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 accounts (plus your maximum
overdraft line of credit, if any). If
you tell us within 2 business days after
you learn of the loss, or theft of your
password, you can lose no more than $50
if someone used your password without
your permission. If you do NOT tell us
within 2 business days after you learn
of the loss, or theft, of your password,
and we can prove 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 transfers that you
did not make, contact us at once. If you
do not tell us within 60 days after the
statement was mailed to you, you may not
get back any money you lost after the 60
day time period 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
hospital stay) kept you from contacting
us, we will extend the time periods.
- Preauthorized Payments
- Right to Stop Payment -
Unless you notify us otherwise, we
will treat your stop payment order
as a request to stop payment on only
one particular payment. If you want
all future payments to a particular
party stopped, you must specifically
advise us of that intention in
writing within 14 days after you
call, and you also agreed that you
will make notification to the payee
of the preauthorized payments of
your intention not to pay.
- Notice of Varying Amounts
- If these regular payments may vary
in amount, the person (or entity)
you are going to pay will tell you,
(not the Bank) 10 days before each
payment, when it will be made and
how much it will be. You may choose
instead to get this notice only when
the payment would differ by more
than a certain amount from the
previous payment, or when the amount
would fall outside certain limits
that you set.
- Liability for Failure to Stop
Payment of Preauthorized Transfer.
- If you order us to stop one of
these payments, 3 business days or
more, before the date the payment is
scheduled to be made and you
provided us the written instruction
supplement to the online stop
payment instruction, and we do not
do so, we will be liable for your
losses or damages with your claim of
wrongful payment and evidence of
losses.
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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.
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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.
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X. Notices - 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: Chinatrust Bank (U.S.A.) 22939
Hawthorne Blvd., Torrance, CA 90505, 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.
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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.
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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.
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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.
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AB. Non-EFTA
Transfers - This Paragraph BB 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 BB
are inconsistent with the rest of the
provisions of the Agreement, the terms and
conditions of this Paragraph BB will control
as they apply to electronic funds transfers
that are not governed by the EFTA.
- Protection of the
Services/Obligation to Review Security
Procedures - Customer agrees to use
the Services solely for the purpose
intended and in accordance with
procedures outlined in the Manual and
other Bank procedures and agreements (as
amended from time to time) which may be
applicable to use of the Services and
the related accounts.
Customer assumes all risks associated
with disclosure of any code or password
to its employees. Customer agrees to
limit disclosures of codes or passwords
to those employees it will authorize to
use the Services or who have a specific
need to know. Customer will establish
procedures to protect the
confidentiality of all information
relating to the Services, including all
codes and passwords, and will promptly
notify Bank if Customer knows or
suspects that codes, passwords or other
security information is stolen,
compromised, or misused. Customer will
require Authorized Persons to create new
passwords at reasonably frequent
periods, based on Customer's assessment
of the security requirements appropriate
for the Services utilized by Customer.
Customer agrees to promptly change
security codes and level of authority,
as applicable, in the event of any
change in personnel or when reasonably
prudent to do so.
Customer agrees that the Bank will not
be responsible for verifying whether a
payment order or other communication is
originated by an authorized person other
than through the verification process
contained in the security procedures of
the System. Thus, when an employee is
added or deleted as an authorized person
on the system, the Bank will treat that
person as "authorized" if the security
procedures are followed, without
verifying that employee with Customer or
otherwise investigating whether the
employee is exercising authority granted
by the Customer or consistent with any
internal limitations on activity
established by Customer for that
employee.
Customer will review and implement all
security procedures available in
connection with the Services. After
review of the Services offered by Bank,
including those aspects of the Services
pertaining to assuring the authenticity
of a communication between Customer and
Bank, Customer will notify Bank in the
event Customer's use of the Services
would necessitate or be better served by
a level of security that exceeds that
offered by the Services. If Customer
fails so to notify Bank, Customer
acknowledges and agrees that the
security aspects of the Services are
appropriate for Customer's needs and
will provide Customer with a
commercially reasonable degree of
security against unauthorized use.
- Your Duty to Notify Us of Error
- You agree to notify us promptly (i) of
any discrepancy between your records and
the periodic account statements
furnished by us to you, or (ii) if a
payment or transfer purportedly made on
your behalf or charged to your account
were not authorized by you, was
erroneous or was executed improperly.
You shall be deemed to have received
notice of such an occurrence when you
receive actual notice or an account
statement furnished in a fashion
customary for that account or such other
account as was charged for payment
indicating (i) the purported payment
order or other communication was
accepted and acted upon by us, or (ii)
your account was debited with respect to
the payment or transfer, whichever
occurs first.
If you fail to notify us within 30 days
after you received notice of an
unauthorized or erroneous transfer, we
will not owe you any interest on the
amount in question even if we are
otherwise liable to you in connection
with the transfer or other communication
or is obligated to credit you for the
amount of the transfer or any portion
thereof, nor will we be liable for any
other losses resulting from your failure
to give such notice with respect to a
transfer shown on such periodic
statement. If you fail to notify us of
any such discrepancy within one (1)
year, you shall be precluded from
asserting such discrepancy against us.
- Authorization and Processing
Transfer Requests - You are
responsible for controlling access to
the Services and for any limitations
placed by you on the Services an
authorized person may utilize. The fact
that we are, or may be made aware of, or
could have discovered, any limitation on
access to a Service does not make us
obligated to enforce or attempt to
enforce any limitation.
If a transfer request between your
accounts with us ("transfer request")
(or a request for cancellation or
amendment of a transfer request)
received by us purports to have been
transmitted or authorized by you, it
will be deemed effective as your
transfer request and you will be
obligated to us for the amount of such
transfer request, even though the
transfer request was not authorized by
you, provided we acted in compliance
with the security procedure referred to
in this Agreement (or any other
applicable agreement) with respect to
the transfer request.
If a transfer request (or request for
cancellation or amendment of a transfer
request) received by us was transmitted
or authorized by you, you shall be
obligated to pay the amount of the
transfer request as provided herein,
whether or not we complied with the
security procedure referred to in this
Agreement with respect to that transfer
request and whether or not that transfer
request was erroneous in any respect or
that error would have been detected if
we had complied with such procedure.
You agree that the authenticity of
transfer requests and stop payment
orders issued by you to us will be
verified pursuant to the security
procedures contained in the Services,
and that such security procedures are
commercially reasonable. You agree that
the security procedures are not intended
to, and will not serve as, a procedure
to identify errors in a payment order or
its instructions.
You acknowledge and agree that if a
transfer request describes the
beneficiary or beneficiary's bank
inconsistently by name and account
number, execution of the transfer
request will occur on the basis of the
account number, even if it identifies a
person different from the named
beneficiary or bank, and that your
obligation to pay the amount of the
transfer request to us is not excused in
such circumstances
- Third Party Data Input - You
acknowledge that the Services may
require that data be input into the
Program by parties other than us. In
some cases, we may provide such parties
with information instructing them how to
input data into the Program; however, in
no event shall we be liable for the
accuracy, completeness, correctness or
format of data input by parties other
than us.
- Indemnification - You shall
indemnify, defend and hold us harmless
from against any and all loss,
liability, cost, charges or other
expenses (including reasonable
attorneys' fees) which we may incur or
be subject to, arising out of or related
directly or indirectly to the
performance by us of our obligations
hereunder.
- Disclaimer of Warranty and
Limitation of Liability - We make no
warranty of any kind, express or
implied, including any implied warranty
of merchantability or fitness for a
particular purpose, in connection with
the System Services provided to you
under this Agreement. We do not and
cannot warrant that System will operate
without errors, or that any or all
System Services will be available and
operational at all times. In no event
shall Bank, its officers, directors,
employees, agents or contractors be
liable for any indirect, incidental,
special or consequential damages under
or by reason of any services or products
provided under this Agreement or by
reason of your use of or access to
System, including loss of profits,
revenue, data or use by you or any third
party, whether in an action in contract
or tort or based on a warranty. Further,
in no event shall the liability of Bank
and its affiliates exceed the amounts
paid by you for the services provided to
you through System during the six (6)
months period preceding the date of the
alleged negligence or breach.
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