OneWest Bank Online Agreement
In this Agreement, "you", "your", and "yours" refer to the person who holds the account. The words "we", "our", and "us" mean OneWest Bank, a division of CIT Bank, N.A. ("OneWest Bank"). "OneWest Parties" means OneWest Bank and its affiliates and service providers as well as the officers, directors, agents, employees, representatives, and contractors of each of these.
1.0 ONLINE BANKING AGREEMENT- ACCEPTANCE/AMENDMENT/TERMINATION
1.1 Acceptance of this Agreement
By enrolling in and using any of our Online Banking Services, you agree and consent to all terms and conditions of this Agreement which includes your authorization for us to accept your electronic instructions to perform specific functions initiated by you on our Online Banking website. This Agreement is provided to you and accepted by you electronically pursuant to the E-Sign Disclosure and Consent (which is set forth elsewhere in this Agreement) you agreed to when you began the enrollment process for Online Banking. We recommend that you print this Agreement for your records, or you may obtain a paper copy of this Agreement at no charge by calling our Customer Care Center at 877.741.9378 or writing to OneWest Bank, PO Box 471, Santa Monica, CA 90046-0471.
1.2 Amendments to this Agreement
We may change the terms of this Agreement (including adding new or different terms or removing terms) at anytime, including changes to the Services. When changes are made we will update this Agreement on our website on or before the effective date of such changes, unless an immediate change is necessary to maintain the security of the system or to comply with legal requirements. We will notify you of any changes as required by law through our Online Banking website. By continuing to use the Services after we notify you of any changes, you agree to such changes. You may obtain a paper copy of any amendments or changes to this Agreement by calling our Customer Care Center at 877.741.9378 or writing to OneWest Bank, PO Box 471, Santa Monica, CA 90046-0471. A copy of our current Online Banking Agreement is also available on our Online Banking website via the appropriate link.
1.3 Termination of this Agreement
This Agreement remains in effect until it is terminated by either you or us. You may remove your consent or otherwise terminate this Agreement by notifying us of your intention to cancel Online Banking by calling 1.877.741.WEST. We may terminate this Agreement and your participation in Online Banking at any time, for any reason, including non-usage or inactivity. Although we will try to notify you in advance of our termination, we are not obligated to do so. Once we have acted upon your termination notice: (1) we will make no further transfers or payments from your accounts, including any transfers or payments you have previously authorized; (2) we will discontinue any email alerts you may have set up via Online Banking; and (3) you will no longer be able to view account balances and histories of your eligible accounts; and (4) you will no longer be able to submit your electronic authorizations or instructions to perform internal transfers or any of our self-service functions. If you choose to terminate this Agreement and want to ensure that any outstanding authorized payment or transfer is not made, you should cancel all scheduled payments or transfers prior to notifying us that you are discontinuing this service. Please note that your cancellation of the Online Banking under this Agreement does not terminate your OneWest Bank accounts. Conversely, if you close your designated OneWest Bank account(s), your Online Banking services will end, and all unprocessed transfers and payments will be canceled. There is no fee specifically associated with cancelling Online Banking and/or this Agreement.
2.0 GENERAL TERMS FOR ONLINE 8BANKING SERVICES
2.1 Online Banking Enrollment
It is important to keep your password confidential to prevent unauthorized transactions on your OneWest Bank accounts. We recommend that you use different passwords for telephone banking and Online Banking. If you forget your password, you may use the "forgot your password" link on the login page or if you need assistance establishing Online Banking you may call our Customer Care Center and speak to one of our representatives at 1.877.741-9378. You should change your password frequently to help safeguard the security of your accounts. Our employees will never contact you via email or by phone requesting your online password. If you are contacted by anyone requesting this information, do not provide it and contact us immediately at 1.877.741.9378.
2.2 Business Days
Our business days are Monday through Friday, excluding Federal holidays. You may use your computer to access the Online Banking services 24-hours a day, seven days a week, except when the system is unavailable. The system may be unavailable due to scheduled and/or unscheduled maintenance and system outages. We are not responsible for the unavailability of the Online Banking system or any consequential damages that may result from its unavailability.
2.3 Customer Service
You may contact our Customer Care Center at 1.877.741.9378 or email CustomerCare@owb.com.
2.4 Electronic Mail (email)
You should not use email to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within our Online Banking website.
2.5 In Case of Errors or Questions About Your Electronic Transfers
Call us at 1.877.741.WEST or write us at OneWest Bank, PO Box 471, Santa Monica, CA 90046-0471 as soon as you can if you think your statement or receipt is wrong or if you need more information about an Online Banking or other electronic transaction. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- 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.
- Tell us the dollar amount of the suspected error.
In addition, it would be helpful if you provided us with any supporting documentation related to the error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. 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. For errors involving new accounts, point-of-sale or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. 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. If you have been given provisional credit, the amount will be deducted from your account. You may ask for copies of the documents that we used in our investigation.
2.6 Your Liability for Unauthorized Electronic Fund Transfers
Tell us AT ONCE if you believe your Card, PIN, password or other means to access your account has been lost or stolen, or if you believe that an Online Banking or other electronic fund transfer has been made without your permission using information from your check, Card, PIN, password or other means to access your account. Telephoning us is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days after you learn of the loss or theft of your Card, PIN, password, or other means to access your account, you can lose no more than $50 if someone used your Card, PIN, password or other means to access your account without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Card, PIN, password, etc. and we can prove we could have stopped someone from using your Card, PIN, password, etc. without your permission if you had told us, you could lose as much as $500.
If your statement shows Online Banking or other electronic transfers that you did not make, including those made by Card, PIN or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available 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.
2.7 Business and Other Non-Personal Accounts
The provisions above entitled "Our Liability for Failing to Make Transfers," "Your Liability for Unauthorized Electronic Fund Transfers," and "In Case of Errors or Questions About Your Electronic Fund Transfers" do not apply to business or other non-personal accounts. You should notify us immediately if you discover any unauthorized transactions or errors involving your Account. You must send us a written notice of the problem within a reasonable time, not to exceed 14 days from the date of discovery or your receipt of the first statement or notice reflecting the problem, whichever occurs first. You agree to assist us in the investigation and prosecution of claims for unauthorized transactions by completing the appropriate reports and statements requested by us. You agree to notify us immediately in writing whenever there is a change of signatories on the account. You are liable for all unauthorized transactions made with your Card or the PIN associated with your Card, password or other access device that occur prior to the time you notify us to cancel your Card, that an unauthorized transaction has taken place, or that your Card, PIN or other password has been lost or stolen. It is important that you review your statements closely. Debit Card transactions are not considered unauthorized if they are made by a business co-owner or any other person with an interest in or authority to transact business on your Account, even if the person exceeds any authority given by you.
2.8 Privacy/ Disclosure of Account Information to Third Parties
OneWest Bank recognizes that our customers and others visiting our online websites have an expectation of privacy in their dealings with us. For these reasons, OneWest Bank takes the security and privacy of customer information very seriously. Please see OneWest Bank's Privacy Policies, which can be found on our website at
www.onewestbank.com and clicking on the Privacy and Security link at the bottom of the page for more specific terms and conditions.
We may disclose information to third parties about your account or the transactions you make in the following situations:
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
- In order to comply with a governmental agency or court orders;
- If you give us your written permission; or,
2.9 Address or Contact Information Changes
It is your responsibility to ensure that the contact information in your Online Banking profile is current and accurate. This includes, but is not limited to, name, address, phone numbers, and email address.
2.10 Your Responsibility
You are responsible for all transfers you authorize using our Online Banking services. If you permit other persons to use the Online Banking services or your password, you are responsible for any transactions they authorize from your accounts whether or not you intended that they perform these transactions. Transactions that you initiate, or someone acting with your authorization initiates, with fraudulent intent, will also be considered authorized transactions. You must notify us immediately if you believe any of your accounts have been accessed without your permission or your password has been compromised. Contacting us immediately will help you reduce possible losses.
The dispute resolution provisions which are part of the Account Disclosures for Personal and Business Accounts booklet you received when you opened your account(s) with us, and as amended thereafter, govern any dispute between you or us under this Agreement.
You may not assign this Agreement to any other party. We may assign this Agreement to any successor in interest to whom your accounts are assigned and any of our affiliated companies. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
2.13 No Waiver
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
2.14 Complete Agreement, Severability, Captions
This Agreement sets forth the entire understanding between us and you with respect to the Service and the portion of the site through which the Service is offered and supersedes any prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what any of our employees or agents say, and the terms of this Agreement, the terms of this Agreement will prevail. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
2.15 Governing Law
This Agreement shall be governed by and construed in accordance with federal law and to the extent required the laws of the State of California, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable law such law shall replace such conflicting terms only to the extent required by such law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
2.16 Intellectual Property
All marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors.
2.17 Exclusions of Warranties
THE ONLINE BANKING SERVICES AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
2.18 Limitation of Liability
IN NO EVENT SHALL THE ONEWEST PARTIES BE LIABLE FOR ANY:
- CLAIM ARISING FROM OR RELATED TO THE ONLINE BANKING SERVICES CAUSED BY OR ARISING OUT OF ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE BEYOND OUR REASONABLE CONTROL.
- INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM.
- CLAIM ARISING FROM OR RELATED TO THE ONLINE BANKING SERVICES OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN ONE (1) YEAR OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED.
THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY.
THE AGGREGATE LIABILITY OF THE ONEWEST PARTIES TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE ONLINE BANKING SERVICES AND UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS), UNLESS A LOWER LIMIT IS APPLICABLE TO ANY SPECIFIC SERVICE AS STATED ELSEWHERE IN THIS AGREEMENT.
THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF THE ONEWEST PARTIES UNDER THIS AGREEMENT.
2.19 Consent to Receive Telephone Calls/Text & SMS Messages
When you provide us with your residential, business or mobile telephone number you are deemed to have expressly consented to receiving telephone calls and text or SMS messages to such numbers. You also consent to receipt of such calls or messages made by us using an autodialer and/or prerecorded or artificial voice messages. You agree that we may make such calls to you to provide the online banking services as well as to offer you additional products or services.
2.20 Transfer Limitations for Savings and Money Market Accounts
Your ability to transfer funds from savings and money market accounts is limited by federal regulations as described in our Account Disclosures. You are limited to six preauthorized electronic fund transfers, telephone transfers, automatic transfers to another account to pay checks, and point-of-sale transactions per monthly statement cycle. Each transfer or payment through our Online Banking from your money market or savings account is counted as one of the six transfers permitted each statement period. You will be charged an excess activity fee each time you exceed the transaction limitations noted. Please refer to our current fee disclosure (a copy of which you received when you opened your account) or call our Customer Care Center at 1.877.741.9378 for details. Should excessive withdrawals or transfers continue on your money market deposit or savings account, we may either close your account or convert it to a checking account with unlimited check writing.
2.21 Cut-Off Times
The following cutoff times pertain to specific Online Banking transactions. Transactions received on any business day prior to the cutoff time indicated below will normally be posted the same day.
- External Funds Transfers: 4:00 PM PT
- Bill Payments: 6:00 PM PT
- People Pay: 6:00 PM PT
- Mobile Remote Deposit Capture: 4:00 PM PT
2.22 Online Banking Service Charges
|Online Account Access
|Bill Pay Service
|Bill Pay NSF Fee
|Bill Pay Stop Payment
|External Transfer NSF Fee
Our Online Banking fees and charges are in addition to the fees and charges that apply to your accounts with us as described in our current Account Disclosures, any disclosure addenda, the Line of Credit Agreement and Disclosure, and any other credit agreements you have with us. In addition, fees may be assessed for performing additional services through Online Banking, such as processing stop payment requests, check and statement copy orders and transactions that result in non-sufficient funds. Consult your account agreements for details. Finally, you should note that depending upon how you access your Online Banking you may incur Internet service provider fees and telephone charges.
3.0 E-SIGN: YOUR CONSENT TO USE ELECTRONIC RECORDS AND SIGNATURES
As part of your banking relationship with us, you are entitled by law to receive certain information in writing. The federal E-SIGN Act allows us to provide this information to you electronically, instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you. Therefore, before you can access products and services electronically through the Online Banking Service (whether through the Online Banking website or our downloadable Mobile Banking Application), you must review and consent to the terms outlined below.
Your consent covers all of your transactions relating to each product or service that you agree to obtain or access electronically, and remains in effect until you withdraw your consent.
You have the right to withdraw your consent at any time and at no cost to you. Please be aware that withdrawal of consent may result in the termination of your access to our Online Banking Service. If you have enrolled for electronic statements, the termination will cause paper statements to be mailed to you via US Postal Service. Please refer to the separate "Consent and Authorization for Electronic Transmission of Account Statements" when you enroll for more details. If you wish to withdraw your consent, you must contact us via the Online Banking email address or by calling 877-741-9378.
In order for us to be able to provide you with important notices and other information from time to time, you must ensure that the contact information in your Online Banking profile is current. This includes, but is not limited to, name, address, phone numbers, and e-mail or other electronic addresses. There may be other special services for which we may provide separate instructions to update for email or other electronic address.
To use Online Banking , a current version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader), a printer if you wish to print out and retain records, disclosures, etc. on paper, and a current and valid email address are required. You are responsible for the installation, maintenance, and operation of the computer and browser software, or the personal device and its software and applications that you use for Online Banking.
Supported Browsers supported to access your Account through Online Banking:
Microsoft Internet Explorer
Mac OS X 10.8 (Mountain Lion)
Mac OS X 10.9 (Maverick)
If you access your account through our mobile applications, the following mobile operating systems are supported: Apple iOS 6.0 or later and Android OS 4.0 or later.
If a change in hardware or software is needed in order for you to access or retain any electronic records via the Online Banking Service, and that change would create a material risk that you would no longer be able to access or retain your electronic records, we will give you advance notice of the revised hardware or software requirements. You will have the right to withdraw your consent to this Agreement at that time at no cost to you. However, withdrawing your consent to this Agreement will terminate your use of the services associated with Online Banking to which you have previously agreed electronically. Continuing to use the Online Banking Service after receiving such notice of change is reaffirmation of your consent.
By providing your consent ot the time you enroll for Online Banking, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account. You are also confirming that you are authorized to, and
do, consent on behalf of all co-owners of your accounts.
4.0 ONLINE STATEMENT: CONSENT AND AUTHORIZATION FOR ELECTRONIC TRANSMISSION OF ACCOUNT STATEMENTS
This service allows you to view current and past account statements for all of your accounts on a secure website. To sign up for Online Statements, you must enroll via the "Statements" option under the "Accounts" menu within the Online Banking Financial Center.
Pursuant to your account agreement with us, you may be entitled to receive periodic account statements in connection with your account(s), such as checking, savings or money market account statements ("account statements"). When you enroll for and use the Online Statements service, you authorize us to discontinue sending such periodic account statements via postal mail service for all of your eligible accounts and instead to deliver such periodic account statements electronically ("Online Statements") subject to the terms of this Consent and Authorization and the terms of the E-Sign Consent you agreed to when you enrolled for Online Banking. The term "Online Statements" also includes any disclosure or change in terms notification in connection with your account(s) in electronic format that we would otherwise include with periodic account statements sent by mail. We will send an email to your primary email address notifying you that an Online Statement is ready to be viewed on the Online Banking Service website. You will no longer receive paper copies periodic account statements, and we may at our sole discretion, continue to send you change in terms notifications on paper via postal mail service.
Your agreement to this Consent and Authorization shall be legally binding on all owners of the account If any account that you consent to receive Online Statement is a joint account, you acknowledge that your consent and authorization has been authorized by each of the joint accountholders.
Your consent to receive account statements electronically is voluntary and may be withdrawn at any time by writing to us at PO Box 7056 Pasadena, CA 91109-9699, by calling 1.877.741.9378, or by sending us an email at email@example.com and subject to our confirmation of your request, such withdrawal shall become effective no later than thirty (30) days after receipt by us. Upon termination, you will no longer have access to account statements online and will receive all account statements in paper form via postal mail service subject to fees, if any, as set forth in the Account Disclosures for Personal and Business Accounts and any related addenda ("Account Disclosures").
In order to use Online Statements, your computer system must meet the minimum system requirements set forth in the E-Sign Consent and you must have successfully accessed and viewed the sample Online Statement (via the link provided in the registration process). You must maintain a printer capable of printing any Online Statements that are emailed to you and/or made available on our Online Banking website, or in the alternative, you must have the ability to electronically save and visually display on your computer screen any such Online Statements. We recommend that you print a copy of all Online Statements for your records.
You must to maintain a valid, active email address and promptly notify us of any change in your email address by updating your email address for Online Statements on the Online Banking website. We are not liable for any third party-incurred fees, other legal liability, or any other issues or liabilities arising from Online Statements or notifications sent to an invalid or inactive email address or postal address that you have provided.
You may request a paper copy of any periodic regular Account Statement subject to the fee as set forth in the fee schedule found in the Account Disclosures. Paper copies of any disclosures or change in terms notifications included in an Online Statement will be provided at no charge.
If you disclose your online banking password to other people, they may also have the ability to access your account statements, and you will be responsible for any transactions they may complete. You must notify us immediately if you believe any of your accounts have been accessed or your online banking password has been used without your permission to access your accounts.
For those deposit accounts eligible for a waiver of the monthly service fee if Online Statements have been set-up, the eligible deposit account will be subject to the applicable monthly service fee for the statement period during which you signed up for Online Statements. In the event you cancel your Online Statements, the affected deposit account will once again be subject to the applicable monthly service fee for the statement period during which you cancelled Online Statements.
We reserve the right to discontinue the Online Statements service at any time.
5.0 BASIC ONLINE BANKING SERVICES
Online Banking provides a core set of basic banking functions described below. Additional optional services for which you must enroll separately are described later in this Agreement.
5.1 Account Balances
Account balances are available through Online Banking for your linked checking, savings and money market accounts, certificate of deposits including retirement accounts and line of credit account. Online Banking lists your account balance as well as your available balance in real time as of the time of the transaction. Your account balance may include unavailable funds. The available balance consists of funds that are readily available for withdrawal.
5.2 Internal Transfers
Internal transfers can be made from any checking, money market or savings account on either a "one time" or "recurring" (at regular intervals) basis. Transfers can be processed between eligible accounts that share one common owner. You must be an owner of and have the unrestricted right of withdrawal from all eligible accounts to and from which you request any transfers. We reserve the right to limit the frequency and dollar amount of transactions on your accounts for security reasons. When you use this service, you must have sufficient funds available on the date of the transfer (or scheduled transfer date) in the selected account (including available overdraft protection coverage, if applicable) to cover the amount of the transfer.
5.3 Viewing Transaction History
You may view transaction history information on any of your savings, money market, or checking accounts
5.4 Viewing Paid Checks
You may view and print checks (front and back) drawn and paid against your checking and money market accounts. You will be able to view check images for at least 90 days after the check was paid against your account.
5.5 Email and Text Alerts
You may set up automatic email or text alerts to yourself when certain events occur on accounts designated by you. These include, for example: (1) balance alerts when your account balance falls below and increases above an amount specified by you; (2) transaction alerts when any deposit or withdrawal transaction greater or less than an amount specified by you occurs on your account; or (3) email alerts that notify you when there is a secure message for you from us on our Online Banking website. A complete list of all available alerts can be found on the Online Banking website. It is therefore important that you keep your email address current. There are no fees specifically associated with setting up or cancelling these alerts. In addition to the alerts you set up, we will use e-mail or text alerts to communicate with you regarding your accounts from time to time.
- Your wireless carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. We do not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your wireless carrier.
- By subscribing, you consent to receiving up to 90 SMS messages per day, including text messages from us which may include offers from us, our affiliates and partners. You can unsubscribe at any time from all services by sending STOP to 20736.
- You represent that you are the owner, or authorized user of the wireless device you use to subscribe to the service, and that you are authorized to approve the applicable charges.
- We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
- Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
- The service as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
- The service is available only in the United States.
- We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
- If you have any questions, email CustomerCare@owb.com. You can also text the word HELP to 20736 to get additional information about the service. We do not charge for help or info messages; however, your normal carrier rates apply.
5.7 Account Services
We may accept your electronic instructions via Online Banking to perform any of the following self-service functions: (1) re-ordering checks for your checking or money market account (if available); (2) placing a stop payment on a check drawn against your checking or money market account; (3) ordering a copy of a periodic statement on your account; or (4) requesting a copy of a check drawn and paid against your checking or money market account. There may be a charge for one or more of these services. Refer to the "Products and Fees" section of your Account Disclosures for details.
"Service" means the bill payment service.
"Bill" means the statement (paper or electronic) from the Biller for which a payment is to be made using the Service.
"Biller" is the person or entity to which you wish a payment to be directed through the Service or is the person or entity from which you receive electronic bills, as the case may be.
"Payment Instruction" is the information provided by you to the Service for a payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
"Payment Account" is the checking or money market account from which payments will be made through the Service.
"Billing Account" is the checking account from which all Service fees will be automatically paid.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Send On Date" is the day your payment will be processed and your Payment Account will be debited.
"Deliver By Date" is the date your payment will be delivered to the Biller.
"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
6.2 Payment Authorization and Payment Remittance
By providing us with names and account information of Billers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive from you. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with Biller directives.
When we receive a Payment Instruction, you authorize us to debit your Payment Account and remit funds on your behalf on the Send On Date so that the funds arrive by the Deliver By Date designated by you. You also authorize us to credit your Payment Account for payments returned to us by the United States Postal Service or Biller, or payments remitted to you. A checking account that requires more than one signature to make withdrawals may not be used as the Payment Account.
6.3 Payment Scheduling
The earliest possible Send On Date for each payment will be determined when you are scheduling the payment and may depend upon the method by which the payment will be remitted to the Biller. Therefore, you will not be able to select a Send On Date sooner than the earliest possible Send On Date designated when entering a Payment Instruction. You may also use Bill Payment to automatically pay bills that have a fixed frequency and amount. Once automatic bill payments are initially set-up and transmitted, they are made without having to transmit the payment again.
6.4 Payment Methods
We reserve the right to select the method by which funds will be remitted to your Biller. These payment methods may include, without limitation, electronic payments, electronic to check payments, or laser draft payments. If remitted by laser draft, funds are deducted from your Payment Account when the laser
draft is presented to us for payment.
6.5 Prohibited Payments
Payments to Billers outside of the United States or its territories are prohibited. In addition, payments that violate any law, statute, ordinance or regulation, any payments related to illegal gambling, illegal gaming and/or any other illegal activity are prohibited through the Service.
6.6 Exception Payments
Tax payments and court ordered payments may be scheduled through the Service; however such payments are discouraged and are scheduled at your own risk. In no event will we be liable for any late fees or late interest, penalties, claims or damages resulting from your scheduling of these types of payments. We have no obligation to research or resolve any claim resulting from such payments. All research and resolution associated with such payments will be your sole responsibility.
6.7 Payment Cancellation Requests
You may cancel or edit any Send On Payment (including recurring payments) by following the directions within the Service's on-line application. There is no charge for canceling or editing a Send On Payment. Once we have begun processing a payment it cannot be cancelled or edited and a stop payment request must be submitted.
6.8 Stop Payment Requests
Our ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. We may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Care Center. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. We may also require you to confirm your request in writing within fourteen (14) days. The charge for each stop payment request is defined in the applicable fee schedule.
6.9 Bill Delivery and Presentment
You may elect to have your Biller electronically deliver Bills to you through the Service. This is called Electronic Billing. It is your sole responsibility to contact your Billers directly if you do not receive a Bill through the Service. If you elect to have Bills electronically delivered directly to you through the Service, the following additional terms apply:
Information provided to the Biller- We cannot update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the Biller. You will need to make any such changes by contacting the Biller directly. We may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating Electronic Billing for that Biller, for purposes of the Biller informing you about Bill related information.
Activation- Upon activation of Electronic Billing, we may notify the Biller of your request to have electronic billing information sent to you through the Service. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability for you to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While Electronic Billing is being activated, it is your responsibility to keep your accounts current. Each Biller will determine whether to accept or deny your request to receive electronic bills.
Authorization to Obtain Bill Data- Your activation of Electronic Billing for a Biller shall be your authorization for us to receive bill data from the Biller on your behalf. In order to utilize Electronic Billing with some Billers, you may have to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use that information to obtain your bill data.
Notification- We will use our best efforts to present your electronic bills promptly. In addition to on-line notification within the Service application, we may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that we have your current e-mail account. In the event you do not receive a notification, it is your responsibility to periodically log-on to the Service and check on the delivery of new electronic bills. You are responsible for ensuring timely payment of all bills.
Cancellation of Electronic Billing- The electronic Biller may cancel the presentment of electronic bills at any time. You may cancel Electronic Billing at any time. The time for cancellation of your Electronic Billing may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(s) that Electronic Billing has been cancelled and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic Bills that are already in process at the time of cancellation.
Non-Delivery of electronic Bill(s)- You agree to hold us harmless should the Biller fail to deliver your Bill(s). You are responsible for ensuring timely payment of all Bills. Copies of previously delivered Bills must be requested from the Biller directly.
Accuracy and Dispute of Electronic Bills- We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting you with the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic Bill information must be addressed directly with the Biller. Your use of Electronic Billing does not alter your liability or obligations that exist between you and your Billers.
6.10 Services Fees and Additional Charges
Applicable fees will be charged regardless of whether the Service was used during a billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the amount of such fees or charges from your designated Billing Account and any additional charges that may be incurred by you. Any fees associated with your Billing Account and Payment Account will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
6.11 Failed Transactions
By using the Service, you are requesting us to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed.
6.12 Biller Limitation
We reserve the right to refuse to pay any Biller to whom you may direct a payment. We will notify you promptly if we decide to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
6.13 Returned Payments
By using the Service, you understand that Billers and/or the United States Postal Service may return payments to us for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. We will use our best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account.
6.14 Information Authorization
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, we may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. We reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, we reserve the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
6.15 Service Termination, Cancellation, or Suspension
In the event you wish to cancel the Service, you may have the ability to do so within the on-line Service application, or you may contact us by:
- Calling our Customer Care Center at 877.741.9378 during our service hours;
- Send us a Secure Email from within Online Banking; and/or,
- Write us at:
PO Box 7056
Pasadena, CA 91109-9699
Any payment(s) we have already processed before the requested cancellation date will be completed. All Send On Payments including recurring payments will not be processed once the Service is cancelled. We may terminate or suspend providing the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement. In addition, if you have not made at least one bill payment or external transfer using this Service for a period of 180 days, we may deactivate your access to this service. You may then be required to contact us as indicated above in order to reactivate this Service.
6.16 Limitation on Liability
We shall not be liable for late charges, interest, penalties or other amounts incurred by you for your failure to allow sufficient time for processing and delivery of any transfer so long as the Bank has complied with the provisions of this agreement.
We will use our best efforts to make all your payments properly. However, we shall incur no liability, including any reimbursement of late payment related charges, if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, your Payment Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of your overdraft line of credit;
- The Bill Payment Service is not working properly and you know or have been advised by us about the malfunction before you schedule the payment;
- You have not provided us with the correct Payment Account information and/or Payment Instructions; and/or,
- Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Payment Account or cause funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Payment Account, or for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
"Account" means a checking, money market or savings account.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Recipient Account" is the account to which your funds with be credited.
"Service" means the External Account Transfer Service.
"Transaction Account" is the Account from which your funds will be debited, your Service fees will be automatically debited, or to which funds will be returned.
"Transfer Instruction" is the information provided by you to the Service for a transfer of funds to a Recipient Account.
7.2 Transfer Authorization and Processing
The Service enables you to transfer funds between your Accounts that you maintain with us and also between your Account(s) with us and your Account(s) at other financial institutions. You must be the sole owner (and not a joint tenant) of the Transaction Account and the Recipient Account and have all necessary legal right, power and authority to transfer funds from the Transaction Account to the Recipient Account. When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you on the date selected by you. You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to nonsufficient funds.
7.3 Transfer Limits
We may, at our sole discretion, impose limits (per transfer limit, per day limit, and limit on the total dollar amount of transfers over the 7 day period preceding the transfer you are currently requesting) on the amount of money you can transfer through the Service based on your account relationship with us or our review of your credit rating obtained through an authorized bureau. We reserve the right to increase or decrease these limits from time to time. You will be notified at the time of the transfer request whether the transfer exceeds your limits. All transfers from your savings or money market account (which are limited transaction accounts) via this Service are subject to the transaction limitations (including any related fees) as set forth in the Account Disclosures for Personal and Business Accounts.
7.4 Prohibited Transfers
Transfers to Accounts outside of the United States or its territories are prohibited. In addition, transfers that violate any law, statute, ordinance or regulation, any transfers related to illegal gambling, illegal gaming and/or any other illegal activity are prohibited through the Service.
7.5 Ownership Confirmation
When you request an external transfer from your Transaction Account to an account at another financial institution (the "institution") for the first time, we must first confirm your ownership of that external account by sending two (2) small "test" deposits to the external account (and 2 offset withdrawals ). We will send these test transactions to the external account via ACH within three business days of your request to add an external account. You should then check the transaction history of your external account frequently for these test transactions (each will have a transaction description of "ONEWEST BANK TRANSFER). Once these test transactions appear, record them, access the External Transfers link on OneWest Bank's Online Banking Service, and input the two test deposit amounts where requested to complete the external account registration process. Once the test deposit amounts are verified, you may then submit your external account transfer request.
7.6 Transfer Cancellation Requests and Refused Transfers
You may cancel a transfer at any time until it begins processing (as shown in the Service). However, once a transfer has started processing, you will not be able to cancel the transaction. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check.
7.7 Stop Payment Requests
You may not place a stop payment on any external transfer. However, you may cancel a transfer request provided that processing of the transfer has not begun.
7.8 Service Fees and Additional Charges
There is no service fee for signing up for or requesting an external transfer. For each transfer returned due to insufficient funds in your Transaction Account to cover the requested transfer, a service fee of $30 will be applied to your Transaction Account. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
7.9 Failed or Returned Transfers
If we are unable to complete the transfer for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account to cover the transaction), the transfer may not be completed.
7.10 Refused Transfers
7.11 Returned Transfers
Transfers may be returned for various reasons such as, (but not limited to) Recipient Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Recipient Account or void the transfer and credit your Transaction Account.
7.12 Information Authorization
Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau.
7.13 Service Cancellation, Termination, or Suspension by Us, and Other Remedies for Breach
7.14 Limitation of Liability
We shall not be liable for late charges, interest, penalties or other amounts incurred by you for your failure to allow sufficient time for processing and delivery of any transfer so long as the Bank has complied with the provisions of this agreement.
We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
- The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
- The transfer is refused as described above;
- You as a Sender have not provided us with the correct information, including but not limited to the correct Transaction Account or Recipient Account information. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient Account once informed, but we do not guarantee such recovery; and/or,
- Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
- "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
- "Affiliates" means companies related by common ownership or control.
- "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
- "Eligible Transaction Account" is a transaction account (checking, money market or other direct deposit account), credit card account, or debit card account, including any required routing information from which your payments as a Sender will be debited, your People Pay Service fees will be automatically debited, or to which payments and credits to you will be credited.
- "Payment Instruction" is the information provided by the Sender to the People Pay Service for a payment to be made to a Receiver (such as, but not limited to, name, mobile telephone number, email address, and bank account and routing number information).
- "Payment Network" means a payment network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
- "Receiver" is a person or business entity that is sent a payment transaction through the Service.
- "Sender" is a person or business entity that sends a payment transaction through the Service.
- "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.
8.2 Description Of Service.
8.3 Prohibited Payments.
Payments to or from persons or entities located outside of the United States and its territories are prohibited. In addition, transfers that violate any law, statute, ordinance or regulation, any transfers related to illegal gambling, illegal gaming and/or any other illegal activity are prohibited through the Service.
In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours.
8.4 Payment Authorization and Payment Remittance.
- By providing us with names and telephone numbers, email addresses, and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Service.
- When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account and remit funds on your behalf. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) or cancelled and returned to you because the processing of the payment transaction could not be completed.
- You acknowledge and agree that if your Payment Instructions identify an account by name and account number, we and any other financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that the financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we and they have no responsibility to investigate discrepancies between account names and account numbers.
- It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Service (including but not limited to the Payment Instructions and name, telephone number and/or email address that the Sender enters for the Receiver to whom you are sending the payment transaction), and for informing us as soon as possible if they become aware that this information is inaccurate. Neither the Sender nor Receiver may use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a payment transaction made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
8.5 Initiation of Payment Transactions.
You may initiate a one-time payment transaction to a Receiver for which processing shall be initiated immediately.
Payment transactions initiated to Receivers are processed in two ways. You can provide all the required information about the Receiver, including his/her Eligible Transaction Account, necessary to complete an ACH Network transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address or mobile telephone number) and the People Pay Service may contact the Receiver and request that the Receiver (i) log in to the People Pay site with the required claim code and provide information so that we may validate the identity of the Receiver and then (ii) the Receiver will provide Eligible Transaction Account information in order to complete the payment transaction (a "Two-Step Transfer"). If the Receiver maintains an Eligible Transaction Account with an institution that participates in the People Pay Service, the Receiver may access the People Pay Service at his or her financial institution's website or mobile application to complete the payment transaction and receive the payment.
You understand and agree that when you initiate a payment transaction from an Eligible Transaction Account using the People Pay Service, the processing of the payment transaction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver's Eligible Transaction Account no earlier than the next Business Day after you initiated the payment transaction. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver's Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account) may be delayed if the Receiver has not provided the People Pay Service with certain required information such as his or her Eligible Transaction Account information.
8.6 Payment Methods and Amounts.
We impose limits on the amount of money you can send or receive through our Service. These limits may be adjusted from time-to-time at our sole discretion. You may log in to the Site to view your individual transaction limits. We also reserve the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that your Eligible Transaction Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic payment.
8.7 Payment Cancellation, Stop Payment Requests and Refused Payments.
Sender may cancel the initiation of a payment transaction or stop a payment transaction at any time until the processing of the payment transaction into the Receiver's Eligible Transaction Account has begun. Our ability to stop a payment transaction or recover funds associated with an unauthorized payment transaction will depend on the manner in which the payment transaction was initiated, and whether the payment transaction to the Receiver's Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized payment transaction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting customer care 877.741.9378. The charge for each stop payment will be the current charge for such stop payment as set out in the applicable fee schedule. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a Sender initiates a payment transaction, the Receiver is not required to accept the payment transaction. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver's decision to accept or not to accept a payment transaction initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you.
It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
8.9 Service Fees and Additional Charges.
Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
8.10 Failed Or Returned Payment Transactions.
By using the Service, you are requesting us to attempt to make payments for you from your Eligible Transaction Account. If we are unable to complete the payment transaction for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the payment transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment transaction), the payment transaction may not be completed. In some instances, you will receive a return notice from us.
8.11 Address or Banking Changes.
It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Changes can be made through your Service account, within the user interface of the Service or by contacting customer care. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
8.12 Refused Payments.
We reserve the right to refuse to pay any Receiver. We will notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.
8.13 Returned Payments.
By using the Service, you understand that Receivers may reject payment transactions or otherwise return payments. We will use reasonable efforts to complete payment transactions initiated through the Service.
8.14 Service Termination, Cancellation, or Suspension.
In the event you wish to cancel the Service, you may contact us as set forth in section 7 above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. We may terminate or suspend your use of the Service at any time.
8.15 Limitation of Liability.
We will use reasonable efforts to complete all your payment transactions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the payment transaction or the payment transaction would exceed the credit limit of your overdraft account;
- The Service is not working properly and you know or have been advised by us about the malfunction before you execute the payment transaction;
- The payment is refused as described in Section 13 above;
- You have not provided us with the correct information, including but not limited to the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address or mobile phone number of the Receiver to whom you are initiating a payment transaction; and/or,
- Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the payment transaction and we have taken reasonable precautions to avoid those circumstances.
9.0 MOBILE BANKING SERVICES
9.1.1 The Mobile Banking Services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from OneWest Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
9.1.2 The Mobile Banking Services are provided by OneWest Bank and not by any other third party. You and OneWest Bank are solely responsible for the content transmitted through the text messages sent to and from OneWest Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
9.1.3 Suspension and Termination. If you wish to terminate your use of the Mobile Banking App, please delete the Mobile Banking App according to the application delete functionality associated with your Device.
We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to suspend and/or deny access to the Mobile Banking Services for scheduled or unscheduled maintenance, upgrades, improvements or corrections. We may discontinue or change any product or service described in or offered by or through the Mobile Banking Services at any time.
9.1.4 Interruption of Service. The Mobile Banking Services are available through your Device when it is within the operating range of a wireless carrier. Access to and use of the Mobile Banking Services from your Device is subject to transmission limitation, delays, or interruption due to, among other things: (i) hardware failure (such as failures of your Device, services, networks, telecommunication lines and connections, and other electronic and mechanical equipment); (ii) software failure (such as bugs, errors, viruses, incompatibility of applications, utilities or systems, unreadable codes, irregularities within particular content, or configuration problems); (iii) your wireless service availability and capacity; (iv) government or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or (v) any other cause beyond our control.
You acknowledge and agree that neither we nor our subsidiaries, affiliates, third party vendors and/or third party licensors (collectively, the "OneWest Parties") will be responsible for or liable to you for (i) for the capabilities or reliability of any equipment or software used to access the Mobile Banking Services; or (ii) the unavailability of your wireless service, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection.
9.1.5 Disclaimer of Warranties. NO WARRANTY IS PROVIDED THAT THE MOBILE BANKING SERVICES WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE MOBILE BANKING SERVICES WILL BE UNINTERRUPTED. YOUR USE OF THE MOBILE BANKING SERVICES AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE MOBILE BANKING SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
9.1.6 Limitation of Liability LIABILITY OF ONEWEST PARTIES ARISING OUT OF THE USE OR INABILITY TO USE THE MOBILE BANKING SERVICES SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THE MOBILE BANKING SERVICES IN THE PRIOR MONTH.
The foregoing limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment; failure of mechanical or electronic equipment or communication lines; telephone or other interconnect problems (e.g., you cannot access your internet service provider); unauthorized access; theft; operator errors; strikes or other labor problems or any force majeure. We cannot and do not guarantee continuous, uninterrupted or secure access to the Mobile Banking Services and we specifically disclaim all liability whatsoever with respect to our failure to protect the Mobile Banking Services or provide the Mobile Banking Services error-free or uninterrupted.
Although the information provided to you on the Mobile Banking Services is obtained or compiled from sources we believe to be reliable, we cannot and do not guarantee the accuracy, validity, timeliness or completeness, security or reliability of any information or data made available to you for any particular purpose. The OneWest Parties, will not be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Mobile Banking Services, or resulting from the act or omission of any other party involved in making the Mobile Banking Services, the data contained herein or the products or services offered on the Mobile Banking Services available to you, or from any other cause relating to your access to, inability to access, or use of the Mobile Banking Services, whether or not the circumstances giving rise to such cause may have been within our control or of any vendor providing software or services.
YOU UNDERSTAND AND ASSUME THE RISKS ASSOCIATED WITH USING A DEVICE, INCLUDING MOBILE APPLICATIONS ON A DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED.
9.1.7 Privacy.You are required to use the login credentials established during activation to use the Mobile Banking Services. Login credentials are not stored on your Device. Also, Device information (including Unique Device Identifier ("UDID ") and your mobile number) may be collected and utilized during installation and use of the Mobile Banking Services or the Mobile Banking App to the extent permitted by law and any Third Party Licensors.
We reserve the right to use login credentials (and location information if you choose to use a Mobile Banking Services location-based service): (i) for the specific purpose for which such information was provided; (ii) as disclosed at the time such information is provided; and/or (iii) as disclosed in this Privacy section. Finally, we may disclose login credentials (and location information if you choose to use a Mobile Banking Services location-based service) in order to: (i) comply with applicable laws; (ii) respond to governmental inquiries; (iii) comply with valid legal process; and (iv) protect our rights or property, the Mobile Banking Services and/or other users of the Mobile Banking Services. We may employ third party vendors to perform services on our behalf, such as administering the Mobile Banking Services. Such third party vendors will have access to login credentials (and your location information if you choose to use a Mobile Banking Services location-based service) only to the extent necessary to perform their services, but will not be permitted to use it for any other purpose.
Protecting the security of your information is very important to us. Unfortunately, no data transmission via a mobile device can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us via your Device and vice versa and we cannot be responsible for the theft, destruction, or inadvertent disclosure of your information. By using the Mobile Banking Services, you acknowledge this risk when using the Mobile Banking Services.
Your use of the Mobile Banking Services is also subject to our Privacy Policies, which can be found on our website at http://www.onewestbank.com and clicking on the Privacy and Security link at the bottom of the page.
9.2 End User License Agreement for the Downloadable App
9.2.1 Ownership.You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
9.2.2 License. Subject to the terms and conditions of this License Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this License Agreement. All rights not expressly granted to you by this License Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This License Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
9.2.3 Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
9.2.4 Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
9.2.5 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
9.2.6 U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
9.2.7 Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
9.2.8 Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
10.1 User Qualifications
You must elect to enroll in Mobile RDC and we must approve you based upon qualification criteria we determine in our sole discretion. You must obtain and maintain, at your sole expense a compatible handheld device and associated wireless service plan from your wireless provider. You must also download and install on your device our Mobile Banking App.
10.1 Eligible Checks
You can only scan and deposit original paper checks (as defined in the Expedited Funds Availability Act/Regulation CC) that are drawn on or payable through U.S. financial institutions. We are not obligated to accept for deposit any check image that we determine to be ineligible for Mobile RDC including but not limited to:
- Any form of monetary instrument including travelers checks, money orders and US Savings Bond
- Checks drawn on or payable through foreign financial institutions
- Checks payable to a third party
- Checks transmitted from outside the United States or a high risk IP address
- Demand drafts or remotely created checks (i.e., checks lacking the original signature of the drawer)
- Substitute checks (i.e., paper checks created from an electronic image)
- Checks that are irregular in any way (e.g., where the numerical and written amounts are different)
- Checks that have previously been returned unpaid (re-deposited checks)
- Checks that are postdated or more than six months old
- Checks drawn on a foreign bank or payable in a foreign currency
- Checks payable to Cash
- Registered government warrants
- Any check that the client suspects is fraudulent or not properly authorized
- Any check or checks that exceed the transaction limitation(s) that OneWest establishes
10.2 Image Quality
The image of a check transmitted via Mobile RDC must be legible. The image quality of the checks must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. The images of the front and back of each check must legibly display all of the following fields of information:
- The amount of the check
- The payee
- The drawer's signature
- The date of the check
- The check number
- The information identifying the drawer and the paying bank that is preprinted on the check in the MICR line, including the routing transit number, account number, check amount when encoded, serial number and process control field.
- All endorsements on the back of the check
You agree to endorse the back of each check without any additional restrictive language except that you may restrictively endorse a check as "For Deposit Only" or "For Deposit to Account #xxxxxxxxxx".
10.4 Receipt of Check Images
We reserve the right to reject any check image transmitted through Mobile RDC at our discretion without liability to you. We are not responsible for check images we do not receive or for images that are dropped or become corrupted or illegible during transmission. An image of a check shall be deemed received when you receive confirmation from us that we have received the check image. Receipt of confirmation does not mean that the transmission was error-free or complete, or that your account will not be charged back for the amount of the deposit if the check image is dishonored or returned unpaid for any reason by the financial institution on which it is drawn.
10.5 Disposal of Transmitted checks
Upon confirmation of crediting of your deposit to your account you agree to:
- Mark the check as "Electronically Presented" or "Void"
- Properly store the check to ensure that it is not presented again for payment by you or any other person.
- Retain all checks deposited through Mobile RDC for a period of 30 business days following which you will dispose of the check in manner that will prevent its being presented again, such as by shredding the check
- Promptly provide us at our request with a copy of any retained check to aid in the clearing and collection process, to resolve claims by third parties, or for our audit purposes
10.6 Deposit Limits
We reserve the right to limit the frequency and dollar amount of deposits you make using Mobile RDC and will establish deposit limits for you when you enroll in Mobile RDC. If you exceed these deposit limits we may, in our sole discretion, accept or refuse to accept the deposit. If we do accept a deposit that exceeds your deposit limits we will have no obligation to do so in the future. We reserve the right to raise or lower your deposit limits at any time and any such changes shall be effective immediately upon our notification to you.
10.7 Date of Deposit/Availability of Funds
Transmitting check images using Mobile RDC does not constitute receipt of the deposit by us. Check images received on a business day prior to 4:00 p.m., Pacific Time are processed on the day of receipt which will be considered the day of deposit. Any images received by us after that time or on weekends or holidays when we are not open for business will be processed on the next business day which will be considered the day of deposit. The funds you deposit using Mobile RDC will be available in accordance with our Funds Availability Policy as found in the Account Disclosures for Personal and Business Accounts. For the purpose of determining funds availability of checks deposited using Mobile RDC, such deposits are classified as "not in person deposits" as defined in Regulation CC and will be treated as ATM deposits as outlined in our Funds Availability Policy except that the deposit cut-off times will be as stated in this Section 10.7.
10.8 Your Warranties, Indemnification and Responsibility
You make the following representations and warranties:
- You shall use Mobile RDC only for your own personal or small business use and shall not deposit checks for the benefit of any other person or entity
- You shall not alter any original check before you image it and shall review the check image prior to transmission to us to ensure that it is legible as to all of the required information on the front and back of the check. You will not transmit any image that is not legible and suitable for processing.
- You will handle original checks after submission using Mobile RDC as set forth in these Terms and Conditions, including the obligations to retains and then destroy the checks
- You will not transmit duplicate checks or re-deposit or re-present the original check after your have transmitted it for deposit using Mobile RDC
- You will not deposit any check using Mobile RDC that has already been deposited into your account with us or deposited, cashed or otherwise negotiated with any other person or financial institution
- You agree not to deposit any checks using Mobile RDC if you believe or suspect that the check is fraudulent, altered, forged, or unauthorized.
You agree to indemnify and hold us harmless from and against all liability, damage and loss arising from any claims, suits, or demands brought by third parties with respect to any check you deposit using Mobile RDC or from your breach of these Terms and Conditions.
A fee may be charged to your account for each check deposited using Mobile RDC as stated in the Fee Schedule for your account.