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| First Time User Page: Welcome. Please enter your Account Number for the Access ID and the last 4 digits of your Social Security number or Telebanc password for the Password. After your initial logon you will be asked to select a new password. This password must be a minimum of 6 characters that can be alpha, numeric, or a combination of both. (Note: This screen is case sensitive). This password is for Online Banking and will not change your password to access Telebanc. By changing your password you acknowledge that you have read and agree with our Security and Privacy statements and the Disclosure Statement for Pacific Western Bank Online Banking Service. If you do not agree with these disclosures do not change your password and sign off this page. Disclosure Statement: Disclosure Information This Web Banking Service Agreement And Disclosure ("Agreement) sets forth the terms governing the Pacific Western Bank ("Bank," "us," "our" or "we") Online Banking Service (the "Service"). All subscribers to this Service ("you" and "your") agree to be bound by these terms and conditions. Coverage. The terms and conditions of this Agreement apply to your accounts and your transactions whether or not the account or transaction is a consumer account, except where otherwise indicated. Some provisions of this Agreement apply only to "consumer" accounts and transactions, or only to "business" accounts and transactions, and these limitations on coverage are shown where they apply. A "consumer" account is a deposit account established primarily for personal, family or household purposes, and a "business" account is an account established primarily for any other purpose. A consumer transaction is any electronic funds transfer ("EFT") to or from a consumer account except for the following transactions, which are "business transactions." Business transactions are: (a) EFT's to or from a business account; (b) transfers of funds through FedWire or similar non-retail wire transfer service; (c) transfers of funds the primary purpose of which is the purchase or sale of a security or commodity; and (d) any other debits or credits to your account or transactions that are not covered under the federal Electronic Fund Transfers Act or its implementing Regulation E. Electronic Transactions. This Service allows you to conduct transactions by electronic means, and you agree to this. You have the option of conducting banking transactions by other than electronic means. Your agreement to the terms and conditions of this Agreement results from your desire to conduct transactions electronically and to use the Services for that purpose. You agree that this Agreement, and the electronic records created though your use of the Service, will be legally valid and enforceable to the same effect as if they were in writing. This Agreement is a supplement to other information and disclosures governing your accounts with us and is not meant to replace any such agreements that govern your accounts that can be accessed through this Service. However, if there are inconsistencies between this Agreement and other agreements governing your accounts or the banking services you use in connection with your accounts, then this Agreement will prevail. For the purposes of this Agreement and these disclosures, our business days are Monday through Friday. Holidays are not included. All references to time of day refer to Pacific Standard Time.
From time to time we may allow other accounts to be accessed through this service. We reserve the right to determine which accounts can be used for bill paying. We may refuse to allow certain accounts that have special restrictions to be accessed through this service. Account balances may not include current transactions, such as teller and ATM transactions. Access Each home banking account has a unique access number and password. Your temporary password must be replaced by a permanent password of your choosing the first time you use this Service. You may act alone in using this Service to perform transactions involving your accounts. System Requirements To use this Service you must have at least one checking account with us, have access to the Internet and have an e-mail address. You are solely responsible for the selection, installation, maintenance, operation and cost of your computer, including your Internet Service Provider. To access Online Banking you will need Internet Explorer greater than 5.5. | Errors in Transmission We are not responsible for any errors in any transmission (including Transfers or Bill Payment) that occur prior to our receipt of the transmission. You acknowledge that the security procedures used in the System are for the purposes of authentication of a transmission, and not to detect error. Receipt There can be a delay between the time you send a transmission to us and the time we receive it. All transmissions (including requests for Bill Payment or Transfers) are considered received by us only when they are actually received by us, at the location and in the format specified in the System. We are not responsible for any delays between the time you send a transmission and the time we receive it. Online Bill Payment OOur online Bill Payment Service allows you to pay your monthly bills, one time payments or to set-up a recurring monthly, quarterly, semi-annual or annual bills. Payments requested to occur on the Next date that is not a business day will be processed using the next business day as the Due Date. Bill Payments cannot be made from Savings or Money Market accounts, certificates of deposits, IRA accounts, First Reserve and Lines of Credit. You must set-up each merchant or other person you wish to pay (a "payee") and designate from which account (the "Payment Account"). Once you have established a payee you can simply access that merchant each month and enter the amount you wish to pay. All payments are final once you click "Update payment information" or "Add Payment." Your Bill Payments will be made by transferring funds electronically from the Payment Account to the payee, or by mailing or otherwise delivering a check payable to the payee. You can only designate payees with United States addresses. You may delete payees through the Service. We may also delete payees if you do not use them at least once every thirteen months (13) months. To allow time for the payee to receive your payment, you must schedule the payment to be made (as described below, the "Payment Date") to allow mail time through the US Postal Service. The day by which the payee indicates payment is due is the "Due Date." We recommend that you do not schedule the payment to be made during any grace period that your payee grants between the Due Date and the date at which the payment is considered late. We will not be liable for late charges, penalties, interest, finance charges and other damages if you do not properly schedule and submit your payment request or if you schedule a Payment Date that is during any grace period. The Bank will initiate your payment request either on the business day we receive your request, or the business day you specify (up to 365 days in the future). Payments Dates requested to occur on a Saturday, Sunday or Bank holiday will be processed with the next business day as the Payment Date. When you request a Bill Payment, your Payment Account will be charged the day you designate as the day payment from your account should be made (the "Payment Date"). The payment will be mailed or sent electronically to the payee the next Business Day. You must have funds on deposit in the Payment Account on the Payment Date for the Bill Payment request to be processed. The Bank assumes no responsibility for late payments if you do not properly schedule and submit your request. To ensure that critical or time-sensitive payments, such as insurance premiums, are made in a timely manner, we recommend that you schedule these payments well in advance of their Due Dates, particularly the first time Bill Payment is used to make a payment. Payees may require extra time to post a payment to your account because they do not receive a payment coupon or invoice number with the payment. Some payees disclose the extra processing time they require to post payments that do not include a payment coupon or invoice, but others do not. It is your responsibility to determine whether a payee needs or requires extra time to process payments received through the Service. We do not recommend that you use this Service to pay your federal, state or local taxes, courts or other governmental entities. These agencies normally require an accompanying coupon, which cannot be provided via the Bill Payment Service. We will not be liable for penalties, interest or other damages of any kind if you try to use Bill Payment to remit or pay money for taxes, or to courts or governmental agencies. Before you log off this Service, you should verify that the payments and/or transfers you scheduled appear on the pending payment/transfer screens. If you are disconnected from our web site when you are requesting a payment or a transfer please log on to verify if the transaction was completed. You authorize us to pay any duplicate payments or transfers you issue. We will not be responsible for any payee's refusal to return any duplicate payments issued by you. Standard VIPbanker Online Home Banking services are free of charge. The optional Electronic Bill Payment Module includes unlimited bills a month for a base fee of only $5.00. Payment requests may be rejected if they appear to be fraudulent or erroneous. A payment request may also be refused at any time, and from time to time, either for cause or without cause. For example, we may (but are not required to) refuse to process a payment request if there is any uncertainty regarding the transacting party's authority to conduct the transaction, or if there is any dispute or uncertainty regarding the ownership or control of the Payment Account. Electronic Signature When a payment is requested using Bill Payment, you agree that we may charge your account and that your Bill Payment instruction will serve as your electronic signature and authorization. When using the Service to make Transfers from accounts, you agree that we may treat your instruction as an electronic signature and take any action required to obtain loan advances on your behalf, including charging the affected account you designated. Security Procedures and Authentication - This Section applies to Business Transactions and Accounts Only. You will be responsible for all transactions purporting to be in your name if you authorized them, and even if you did not authorize them you will be responsible for them if we verified the authenticity of the transaction using the security procedures of the Service. You agree to review the security procedures to determine if they are commercially reasonable and adequate for the frequency, type and size of Bill Payment Services that you use or expect to use. You will review these security procedures from time to time again as necessary, and in particular if the frequency, type or size of Bill Payment services changes. If at any time you determine that the security procedures are not commercially reasonable, you will notify us promptly. You understand that we offer alternative services that will allow payment orders such as Bill Payment, with higher security, and that you can and should use these if the security procedures of the Services are not commercially reasonable for your needs. Unless you notify us otherwise, however, you agree (and we are entitled to rely on your representation) that the security procedures in Services are commercially reasonable, in particular for the frequency, size and type of Bill Payment service that you use. Lines of Credit Bill Payment from lines of credit is not allowed. Stop Payments You may place a stop payment on any check(s) that have not yet been paid by the Bank. You must be able to provide the correct check number and exact amount of the check. Any loss suffered due to your failure to accurately identify the check in the stop payment request will be your responsibility and not the Bank. No stop payment order will be effective against a check that has paid prior to the time that the stop payment order was placed. You understand that you and not the Bank will be responsible for determining whether a check has or has not been paid. You understand that information available through the system regarding account status and specifically whether individual checks have or have not been paid is updated once in each 24-hour period. Stop payments orders remain in effect for 395 days. Stop payment orders are automatically cancelled when the account on which the checks is drawn is closed or at the end of the thirteen month term. You may not use Online Banking to place stop payments on any automatic entry, such as automatic monthly drafts or automated clearing (ACH) items. The Bank may ignore any attempted stop payment order relating to such items if the order is transmitted through Online Banking. Transaction Limitations Federal regulations limit certain transfers and withdrawals from savings accounts and money market deposit accounts. You may not make more than six withdrawals and/or transfers from these accounts each month. Only three of these six transfers may be by check, draft, debit card or similar order. Please see your deposit agreement for further details Automated Clearing House Entries Electronic Bill Payment may be processed through a system known as the automated clearinghouse, or "ACH." There are special rules that govern ACH, and they apply to your electronic Bill Payments. You acknowledge that the ACH Clearing House system may not be used in violation of, and that Bill Payments (both electronic and paper) originated by you must comply with, the laws of the United States, including sanctions laws administered by the Office of Foreign Asset Controls. When you send an electronic Bill Payment, it is sent to and received by another financial institution (or, possibly, the Bank). The receiving depository financial institution ("RDFI") receives the ACH transaction and credits it to the account of the payee. You agree to be bound by the provision of the National Automated Clearing House Rules making payment by the RDFI to the payee provisional until receipt by the RDFI of final settlement for the transaction. You understand that if final settlement is not received, the RDFI will be entitled to a refund from the payee of the amount credited and you will not be deemed to have paid the payee the amount of the electronic Bill Payment. You also agree that any payment by the Bank to you for any returned electronic Bill Payment is provisional until we receive final payment. We may delay your ability to use this provisional credit for some time. Hours of Operation and Cut off times The Service is available to you 24 hours a day 365 days a year, except at times of Service Unavailability (see below). Your account information is updated each morning Tuesday through Saturday by 7:00 a.m., Pacific Standard Time, except on bank holidays. Transfers or loan transfers that are received by us between 7:00 a.m. and 5:00 p.m. on a business day will be processed that same day. However, if we receive them after our 5:00 p.m. cut-off time, or at any time on a day that is not a business day, they will be treated as received and will be processed on the next business day. Request for bill payments made between 7:00 a.m. and 5:00 p.m. will be processed on the next business day or the future payment date designated by you. Request received after 5:00 p.m. will be processed on the 2nd business day or the future payment date designated by you. Service Unavailability Access to the Service may be unavailable without notice at certain times for the following reasons. Although we undertake reasonable efforts to ensure the availability of the Service, we will not be liable in any way for its unavailability or for any damages that may result from such unavailability. In addition, there may be times when the Internet is slower than normal, such as during high usage periods, and we are not responsible for any delays that may result between transmission by you and receipt by us. There will be periods when systems require maintenance or upgrades. You may be able to access your account information between these hours; however, you may find that you can only view your information and will not be able to schedule payments or transfers. The Service may also be unavailable when unforeseen maintenance is necessary. In addition, major unforeseen events, such as earthquakes, fires, floods, computer failures, interruptions in telephone service or electrical outages, may interrupt Service availability. Our Liability for Failing to Make or Complete a Transaction If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, there are some exceptions. For example: * If, through no fault of ours, you do not have enough money in your account to make the transfer or if the transfer would cause you to exceed the credit limit on your overdraft line. * If your system was not working properly and you knew about the breakdown when you started the transfer. * If circumstances beyond our control (such as an interruption of telephone service or telecommunications facility, or a natural disaster such as a fire, flood or earthquake) prevent the transfer, despite reasonable precautions that we have taken. * If you have not properly followed the instructions for using our services. * If your operating system or software was not properly installed or functioning properly. There may be other exceptions stated in our agreement with you. We will not be responsible for any errors or failures due to any malfunction or unsuitability of your computer system or software, or any virus. Business Transactions and Accounts We will have NO LIABILITY FOR CONSEQUENTIAL, REMOTE OR INDIRECT DAMAGES resulting from any failure to complete a business transaction, even if we have been advised of the possibility of such damages Your Liability for Unauthorized Electronic Fund Transfers - Consumer Transactions and Accounts Only Tell us AT ONCE if you believe your PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum line of credit). If you tell us within two business days, you can lose no more than $50 if someone used your PIN without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your PIN, and we can prove we could have stopped someone from using your PIN without your permission if you had told us, you could lose as much as $500. Also, if your statement or information you access online shows transfers that you did not make, tell 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 days 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 a hospital stay) kept you from telling us, we will extend the time periods. Business Transactions and Accounts Only The limitations on customer liability set forth in the preceding paragraphs do not apply to business transactions and accounts. You agree to review promptly all statements, notices and transaction information made available to you, and to report all unauthorized transactions and errors to us immediately. As a business customer, you agree that we may process Bill Payment and Transfer instructions that are submitted with a correct PIN. You agree that such instructions will be deemed effective as if made by you, even if they are not transmitted or authorized by you, as more fully set forth above under "Security Procedures and Authentication - Business Transactions and Accounts Only". In Case of Errors or Questions About your Electronic Transfers or Payments Telephone us at 1-800-350-3557 or write to us at Pacific Western Bank, Electronic Banking, P.O. Box 131207, Carlsbad, CA 92013-1207 as soon as you can if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later that 60 days after we sent the FIRST statement on which the problem or error appeared. 1. Tell us your name and account number (if any). 2. Describe the error or the 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 If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. Consumer Transactions and Accounts Only. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will 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 that 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 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. Business Transactions and Accounts Only. The time limits for resolving errors and the provisional crediting procedures described in the preceding paragraphs in this Section do not apply to business transactions and accounts. If the time period for reporting error in an account is shorter in another agreement between you and us, then your reporting obligation may be subject to the provisions of that other applicable account agreement. Otherwise, you agree to report any error promptly, and in any case within 60 days of receipt of your statement. Reporting Unauthorized Transactions If you believe your Password has been lost, stolen, or discovered by another person, or that someone has transferred or may transfer money from your account without your permission, call us at 1-800-350-3557 or write to us at:
Confidentiality and Release of Account Information You authorize us to release information regarding our experiences with you (such as the status and history of your accounts) to others, including (without limitation) our parent company, agents and affiliates, and credit reporting agencies. We will disclose information to third parties about your account or the transfers you make: We will disclose information to third parties about your account or the transfers you make: Where it is necessary for completing a transaction; To verify the existence and condition of your account for a third party, such as a merchant or another financial institution, or to a credit reporting agency; To comply with government agency or court orders, or under other legal compulsion or authorization; If you give us written permission. We may amend or change our privacy practices in the future. For further information regarding our privacy practices, see our Privacy Policy statement. Preauthorized Payments Right to stop payment and procedure for doing so: If you have told us in advance to make regular payments out of your account, you can stop any of these payments. You can do this by calling us at 1-800-350-3557 or writing to us at Pacific Western Bank, Electronic Banking, PO Box 131207, Carlsbad, CA 92013-1207, in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after your call. Liability for failure to stop payment of preauthorized transfer - This Section applies to Consumer Transactions and Accounts Only: If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. Termination of Service We may suspend or terminate your Service at any time, with or without cause and without affecting your outstanding obligations under this agreement. We may immediately take this action if: You breach this or any other agreement with us; We have reason to believe that there has been or may be an unauthorized use of your account or PIN: There are conflicting claims to the funds in your account: or You request that we do so. Amendments of this Service Pacific Western Bank may change or cancel this Service at any time without cause, subject to applicable laws and regulations. We may amend this agreement by sending you advance notice of the amendment. All notices we send to you will be deemed delivered when mailed to the last address the Bank has for you. Electronic communications by us to you will normally be deemed to equivalent to written communications, but any electronic communication will not cause an amendment to this Agreement unless specifically stated in the communication. Notices We may send notices to you at the address shown in our account or Service records. Severability If any provision of this agreement is determined to be void or invalid, the rest of the agreement will remain in full force and effect. Other Terms This agreement supplements the agreements of the various accounts you can access via this Service. Please see those agreements for other details regarding your accounts, fees and transactions. Limitation of Promotional Offers. We may, from time to time and at our sole discretion, make some or all of the Service available to qualifying customers at special promotional rates. Promotional offers are subject to the following limitations and requirements (as well as any other terms disclosed): Selection of the Service and an eligible checking account as your Billing Account. Any pricing advantage on related services (checking accounts, ATM fees, etc.) is contingent upon activation and regular use of the Service. Only one promotional offer per Service relationship is permitted, and our determination on this point, whether by reference to Taxpayer Identification Number, account numbers, or otherwise, shall be conclusive. Promotional offers may change from time to time without prior notice. Unless otherwise indicated, no more than one promotional offer or discount shall apply with respect to any account or service. Choice of Law and Venue California law will govern this Agreement, without regard to conflict of law principles, and you consent to the jurisdiction of the California courts. Venue for any dispute will be in the courts of California. Stop Payments: You can stop payment on any check that has not paid. Losses suffered by not entering the correct information will be your responsibility. You may not place stop payments on an automatic entry. Click here for more disclosures. Transfers: Transfers requested between 7:00 am and 5:00 pm Monday through Friday (excluding Bank holidays) Pacific Time would be processed the same day. Transfers requested after 5:00 pm Pacific Time would be processed the next business day. Change Password: Password must be a minimum of 6 characters that can be alpha, numeric or a combination of both. This screen is case sensitive and your password must be entered exactly as created (i.e. upper and lower case letters). We appreciate your trust and confidence in us and will honor that trust by protecting your personal information. This Privacy and Security Statement (Statement) describes the standards we follow in handling information about you and your personal information. We will send you any changes to the Statement, if required by law. We appreciate your trust and confidence in us and will honor that trust by protecting your personal information. This Privacy and Security Statement (Statement) describes the standards we follow in handling information about you and your personal information. We will send you any changes to the Statement, if required by law. Privacy Statement: This privacy notice applies only to individuals who obtain a financial product or service from Pacific Western Bank and its affiliates primarily for consumer (personal, family or household) purposes. We may revise this notice at any time, and will notify you if then required by law. Information We Collect: We collect nonpublic personal information about you from the following sources: Information we receive from you on applications or other forms. Information about your transactions with us, our affiliates, or others. Information we receive from third parties such as consumer reporting agencies. Information We May Share. We may disclose nonpublic personal information about our customers or former customers as permitted by law. This may include disclosing information to third parties assisting us in servicing and processing your loan or deposit account, in response to subpoenas, to credit bureaus and others. We may also disclose all of the information we collect, as described above, to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements. We require these third parties to use the information only for the purposes for which we disclose it, and as permitted by law. Safeguarding Your Information. We restrict access to nonpublic personal information about you to persons with a legitimate business need to know that information to offer products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard your information. Online Security: Our eFinance Solutions integrate industry-approved security technologies to address three major concerns about Internet security: (1) Secure log-in and user authenticity (2) Encryption while data is in transit (3) Secure routers and firewalls. (1) Secure Access and Verifying User Authenticity To begin a session with the bank's server, the user must key in a log-in ID and a password. The Internet Banking System uses a "three strikes and you're out" lockout mechanism to deter users from repeated log-in attempts. After three unsuccessful log-in attempts, the system locks the user out, requiring either a designated wait period or a phone call to the bank to verify the password before re-entry into the system. Upon successful log-in, VeriSign's Digital ID is used to establish a secure session with that visitor. The Digital ID from VeriSign, the expert in digital identification certificates, provides a standard of authentication to confirm the identity of the user while accessing the system. VeriSign describes Digital IDs as "electronic credentials that establish an individual's or entity's identity. A server secured with a Digital ID ensures visitors of the site's authenticity and allows the session with the client to be encrypted." It is essentially "third party evidence" that end users who are seeking and receiving data are indeed who the server understands them to be, and vice versa. (2) Secure Data Transfer Once the server session is established, the user and the server are in a secured environment. Because the server has been certified as a 128-bit secure server by VeriSign, data traveling between the user and the server is encrypted with Secure Sockets Layer (SSL) protocol. With SSL, data that travels between the bank and customer is encrypted and can only be decrypted with the public and private key pair. In short, the bank's server issues a public key to the end user's browser and creates a temporary private key. These two keys are the only combination possible for that session. When the session is complete, the keys expire and the whole process starts over when a new end user makes a server session. The encryption/decryption happens in the background and therefore requires no knowledge by the end user. (3) Routers and Firewalls Requests must filter through a router and firewall before they are permitted to reach the server. A router works in conjunction with the firewall, a piece of software, to block and direct traffic coming to the server. The configuration begins by disallowing ALL traffic and then opens holes only when necessary to process acceptable data requests, such as retrieving web pages or sending customer requests to the bank. DISCLAIMER Product offers, rates, terms and other information provided herein are subject to change without notice. Due to occasional inaccessibility to our Web site, Pacific Western Bank cannot guarantee the completeness or accuracy of the information provided herein. Pacific Western Bank shall under no circumstances be liable to user and/or any third party for any indirect, consequential, incidental or punitive damages whatsoever, even if Pacific Western Bank has been advised of the possibility of such damages. With regards to links to the Interactive Calculator, Browsers links and other external web sites provided on the Pacific Western Bank web site, Pacific Western Bank does not endorse or sanction any of the sites listed, nor is Pacific Western Bank associated with any of these sites in any way. Information, contents, or opinions expressed in these sites are the sole responsibility of their authors. |
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