|
I. Introduction
A. Overview
This Online Banking Access Agreement ("Online Banking Agreement") for accessing Wilshire State Bank accounts through Wilshire State Bank's internet based online banking system explains the terms and conditions governing the following online services: account inquiry, bill payment, fund transfer, and other banking services offered through Wilshire State Bank's Internet based online banking system(collectively, the "Online Banking Services"). By accessing and using the Online Banking Services, you agree to abide by the terms and conditions of this Online Banking Agreement, which will be governed by and interpreted in accordance with federal laws and regulations, and by the laws of the State of California.
Online Banking Services can be used to access certain Wilshire State Bank accounts through Wilshire State Bank's internet based online banking system. Each of your accounts at Wilshire State Bank is also governed by the applicable account disclosure statement ("Account Disclosure Statement").
B. Definition of Terms
- "We", "us", "our(s)", and "Bank" means Wilshire State Bank.
- "You" and "your(s)" means each signer on an account.
- "Agreement" means Online Banking Access Agreement.
- "Service" means Wilshire State Online Banking Service.
- "Payee" means the individual or business you wish to pay using Bill Payment Service.
- "Law(s)" means federal law and regulation applicable to the Service, and to the extent there is no applicable federal law or regulation, the laws of the State of California.
- "Business Day(s)" means Monday through Friday, excluding Saturday, Sunday and federal banking holidays.
II. Accessing Your Accounts through Wilshire State Online Banking
A. General Description of Online Banking Services
You can use Wilshire State Online Banking for:
Account Information - View deposit account balances and review transaction history. Account balance and transaction history reflects activity through the close of the previous business day.
Bill Payment - Pay bills to any merchant, institution or individual with a U.S. address, whom you designate as a Payee, by requesting payment to be made through the Online Banking. Review Payee List and Payment History. Change or delete a Payee's Information. Schedule or delete a payment.
Fund Transfer - Transfer funds between your linked deposit accounts. Set up an Automatic Fund Transfer to make monthly transfers from one deposit account to another.
Online Application - Request application for a Loan.
E-mail - Communicate directly with the Bank via E-mail in secure session.
B. Consumer Requirements
To access your accounts through Wilshire State Online Banking, you must register for the Service with an eligible Bank account(s) and sign the Online Banking Agreement to obtain a temporary online password. Once you log in for the first time, you must change your password to protect your account. In addition, you must have the required browser software (preferably Microsoft Internet Explorer).
C. Scheduling and Processing Bill Payments
We strongly suggest that you schedule your payments at least five business days in advance of the payment due date. We are not responsible for postal delays or processing delays by the Payee. In all cases, we deduct the amount of your payment from your account on the date you schedule the payment to be made.
D. Electronic Mail (E-mail)
General or public E-Mail system is not secure. Therefore, we have provided E-mail forms for you to ask sensitive information about your account(s) or give comments on your banking service. These E-mail forms are accessible after you sign on with your password to a secure session of Wilshire State Online Banking. To ensure the security of your account information, we strongly recommend that you use only these E-mail forms when asking specific questions about your account(s). You may not use E-mail to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within Wilshire State Online Banking or call our customer service at 1-213-387-3200.
E. New Services
Wilshire State Bank may, from time to time, offer additional Services. The existence of the updated Agreement and these new services will be notified to you. By using these services when they become available, you agree to be bound by the rules contained in this Agreement.
F. Fees
There are no monthly or transaction fees for accessing your account(s) via Wilshire State Online Banking. Other fees, as described in the applicable Account Disclosure Statement, may apply to services ordered online and to transfers from a credit account.
III. Terms and Conditions
Accessing your Bank accounts through Wilshire State Online Banking for the first time confirms your agreement to be bound by all the terms and conditions of this Agreement and acknowledges your receipt and understanding of this disclosure. You should read all of the information contained herein prior to the use of this Service.
A. Your Online Password and Security A password is required to access your Bank accounts and other services provided herein. This password can be changed within Wilshire State Online Banking Short Statement Screen or by calling our customer service. For security purposes, we recommend that you change your password regularly and keep it confidential. We are entitled to act on instructions received under your password. Do not send your password or your account information over any general or public e-mail system, and do not leave your computer unattended while you are connected to Online Banking. Safeguard your account and personal information by taking precautions. You may be held liable for the unauthorized use of your password.
B. Our Liability Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, the Bank, or by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Explorer browser), or by Internet access providers or by online service providers or by an agent or subcontractor of any of the foregoing. Nor shall the service providers or we be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the Online Financial Services, or Internet browser or access software.
If we do not complete a transfer to or from your Bank account on time or in the correct amount according to our agreement with you or properly process a bill on time or in the correct amount, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable if:
- you do not have enough money in your account to make a transfer or bill payment
- a legal order directs us to prohibit withdrawals from the account
- your account is closed or it has been frozen
- the transfer or bill payment would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts
- you, or anyone you authorized, commits any fraud or violates any law or regulation
- any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly
- you have provided us with incomplete and/or incorrect payment information, including without limitation the name, address, account number, and payment amount for the payee on a bill payment
- you have not properly followed the instructions for using Wilshire State Online Banking
- circumstances beyond our control (such as fire, flood, earthquakes, severe weather, natural disasters or improper transmission or handling of payments by a third party) prevent the transfer or bill payment, despite reasonable precautions taken by us
C. Hours of Accessibility Wilshire State Online Banking is accessible seven days a week, 24 hours a day by signing on to the Service. However, at certain times, some or all of Wilshire State Online Banking may not be available due to system maintenance. There may also be unscheduled down time, but we will work to minimize such interruptions in Service. During these times, you may use the Telebanking Service, Customer Service or a branch to conduct your transactions.
A fund transfer initiated through Wilshire State Online Banking before 4:00 PM (Pacific Time) on a business day is posted to your account the same day. All fund transfer requests completed after 4:00 PM (Pacific Time) on a business day or on a Saturday, Sunday or banking holiday, will be posted on the next business day.
D. Limitation and Dollar Amounts for Transfers and Bill Payments Bill payments can be for any amount between $0.01 and $9,999.99. Transfer payments can be for any amount between $1.01 and $99,999.99.
When you schedule a bill payment or transfer, you authorize Bank to withdraw the necessary funds from your deposit accounts. You agree that you will instruct Bank to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of withdrawal. If you do not have a sufficient balance, including available credit under any overdraft protection plan, we may either complete the transfer or bill payment - creating an overdraft - or refuse to complete the transfer or bill payment. In either case, we reserve the right to impose a non-sufficient funds (NSF) fee.
E. Changes in Terms or Fees We reserve the right to change the terms or fees described in this Agreement. When changes are made to any terms or fees, we will update this Agreement, and either send a notice to you at the address shown on our records, or send you an electronic mail message (E-mail). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. The applicable Account Disclosure Statement governs changes to fees applicable to specific accounts.
F. Questions or Error Correction on Online Banking, Bill Payment, Fund Transfer Transactions In case of questions or errors about online funds transfers or bill payments made through Wilshire State Online Banking involving a Bank account, you should do one of the following:
- Send E-mail to Wilshire State Online Customer Service by filling out the appropriate E-mail form accessible after signing on with your password to a secure session.
- Write to Wilshire State Bank Operation Administration, 3200 Wilshire Blvd. 7th Floor, Los Angeles, CA 90010, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need more information about a transaction listed on the statement or transaction record.
- We must hear from you no later than sixty (60) days after we have sent the first paper or online statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.
- You must provide the following information at the time of your request:
--- Your name and account number. --- Description of the error or the transaction you are unsure about, and explanation of why you believe it is in error or what additional information you need. --- The dollar amount of any suspected error. --- For a bill payment, the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, confirmation number, and payee account number for the payment in question.
The results of our investigation will be sent to you within ten (10) business days after we hear from you and any errors found will be corrected promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will recredit your account within ten (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 ten (10) business days of this request, we will not recredit your account. If we determine that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation and debit the amount of the error that we previously credited. You may request copies of the documents that we used in our investigation.
G. Cancellation/Termination of Service If you do not access your Bank accounts via Wilshire State Online Banking for any three (3) month period, we reserve the right to disconnect your service.
If you do not schedule or process a payment in your Bill Payment account via Wilshire State Online Banking for any three (3) month period, we reserve the right to disconnect your service. Please note that your online bill payment information will be lost if you are disconnected.
Your Services may be canceled at any time without prior notice due to insufficient funds in one of your accounts. After cancellation, Services may be reinstated, once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate your services, you must call Wilshire State Online Banking Customer Service at 1-213-387-3200.
If you wish to cancel any of your Services offered through Wilshire State Online Banking, please contact Wilshire State Online Customer Service at 1-213-387-3200 or send us cancellation instructions in writing to Wilshire State Bank, 3200 Wilshire Blvd. 7th Floor, Los Angeles, CA 90010.
If you choose to cancel your Online Banking Services, any unprocessed bill payments and transfers will be canceled. We recommend that you cancel any scheduled payments or transfers prior to notifying us that you are discontinuing the service. Bank will cancel any scheduled payments and transfers within two business days from the date we receive your request to discontinue the service.
If you close your designated checking account, or if it's no longer linked to your service, your Online Banking Services will end, and any unprocessed bill payments or transfers will be cancelled.
H. Other General Terms In addition to this Agreement, you agree to be bound by and will comply with the requirements of the applicable Account Disclosure Statement, the Bank's rules and regulations, and applicable state and federal laws and regulations. We agree to be bound by them also.
The Bank reserves the right to terminate this Online Access Agreement and your access to Online Financial Services through Wilshire State Online, in whole or in part.
IV. Protect Your Account
Your active role in preventing misuse or unauthorized transaction in your account is extremely important. We recommend that you change your online password regularly and keep it confidential. Also, you should routinely review and reconcile your account statement upon receipt. If you find any inconsistency between your records and ours or suspect any fraudulent activities on your account, you must immediately notify us by calling, writing, or sending a E-mail to our customer service. We must hear from you no later than 60 days after we send the first statement on which the problem or error appeared. The telephone number and address you may use are 1-213-387-3200, Wilshire State Bank, Online Banking, 3200 Wilshire Blvd., Los Angeles, CA 90010. If we receive an oral request to investigate your account, we may require that you send us your complaint or question in writing within ten (10) business days.
|