This Agreement, which is part of the Enrollment Form, is a contract by and between First Private Bank and Trust (hereinafter referred to as "BANK") and our account holder (hereinafter referred to as "CUSTOMER"). It establishes the rules which cover your electronic access to your accounts at First Private Bank and Trust through First Private Bank and Trust OnLine, an electronic banking system (hereinafter referred to as "System"). By using System, you agree to and understand the terms and conditions below. Please read it carefully and keep a copy for your record.
1. USE OF THE SYSTEM
A. Definitions. As used in this Agreement, the words "we", "our", "us" and "Bank" mean First Private Bank and Trust. "Customer" "You" and "your" refer to the account holder authorized by us to use the System under this Agreement and anyone else authorized by that account holder to exercise control over the account holder's funds through the System. "Account" or "Accounts" means your account or accounts at Bank that are accessed through the System. "Electronic funds transfers," means transfers to or from your Accounts using the System, including via Bill Payment Services. "System Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Bill Payment Service" means the services provided pursuant to the Bill Payment Agreement, Addendum A of this Agreement, (if applicable). Our business days are Monday through Friday (holidays not included)("Business Days"). All times are local time of Bank.
B. Access. To use the System, you must have at least one checking account at Bank, access to the Internet service and an e-mail address (HotBot and other intermediary e-mail addresses may not be used). Your browser must have encryption capabilities at a minimum 128-bit level. You are responsible for the set up and maintenance of your home computer and modem. You agree that we are not responsible for the set up and maintenance of your home computer and modem. You agree that we are not responsible for any errors or failures from any malfunction of your computer or any virus or other computer problem related to the use of the Services.
C. Enrollment and Accounts. Once Customer has accepted the online agreement you will be forwarded to an area where you will be asked to enter your account number (access I.D.) in the space titled Password you will enter the last 4 digits of your Social Security number for personal users and the last 4 digits of the Tax ID number for business users, and then click on submit. This will enroll all of the accounts that are in your portfolio. (In certain cases your business accounts and your personal accounts will be in different portfolios.) You will then be directed to another screen where you MUST change your username and password. We undertake no obligation to monitor transactions through the System to determine that they are made by you or on your behalf.
D. System Services. You can use the System to check the balance of your Accounts, view Account histories, and transfer funds between your Accounts and order checks. If you request Bill Payment Service and are approved, you can also use the System to pay bills ("Bill Payment") in the amounts and on the dates you request. These Services may be subject to some limitations as described in the Bill Payment Services Agreement.
The balance and the activity information that you obtain through the System are as of 5:00p.m. Pacific Time from the previous Business Day and may not reflect current transactions. Customer balance may reflect deposits not yet available to customer under the Bank's funds availability policy, including current day deposits. Customer agrees to maintain sufficient available funds (as determined by the Bank's funds availability policy) in each Bank account accessible via the System to cover all transfers or other requests initiated by Customer and affecting the account, or such higher amount as Bank may specify from time to time.
Customer agrees funds may be held by Bank for a period of time following termination of the System to protect Bank against any possible losses relating to the use by Customer of the System. Customer grants to Bank a security interest in such funds as security to Bank for any losses or claims, whether existing or potential and whether current or reasonably anticipated to arise, arising out of Customer's use of the System services including but not limited to Bill Payment Services.
E. Hours of Access. You can use the System seven days a week, twenty-four hours a day, although some or all System Services may not be available occasionally due to emergency or scheduled System maintenance. Access may also slow due to high volume of Internet traffic. You understand that System may be available during hours when Bank is not open for business and thus Bank execution of any requests or instructions may be delayed until the opening of the next Business Day. Bank will not be responsible for any loss or inconveniences caused by these temporary unavailable periods. We agree to post notice of any extended periods of non-availability on the System website when possible.
F. Your Password. For security purposes, you are required to change your password upon your initial login to the System. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change it regularly. Some browsers allow users to save passwords; it is strongly recommended that you do NOT save your password. Upon three unsuccessful attempts to use your password, your access to the System will be revoked. To re-establish your authorization to use the System, you must contact us to have your password reset or to obtain a new temporary password.
We require that you create a password that utilizes a case sensitive username. The password requires 8-12 digits. We strongly suggest that you use both alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, day of birth or names of children, and should be memorized rather than written down. ** Consider your password as your signature online.
G. Security. You understand the importance of your role in preventing misuse of your Accounts through the System and you agree to promptly (not to exceed 60 days) examine your statement for each of your Bank Accounts as soon as you receive it. You agree to protect the confidentiality of your Account information and Account numbers. You also agree to protect the confidentiality of your personal identification information, such as your driver's license number and social security number. Checking your account frequently, even daily, helps to prevent fraud by contacting the bank immediately regarding any transactions which are unfamiliar to you.
You understand that personal identification information by itself or together with information related to your Account may allow unauthorized access to your Account. Your password and login ID are intended to provide security against unauthorized entry and access to your Accounts. However, they will not protect you if this information is shared with others. Bank employees are not authorized and will not ask for your password or login ID and you should view with suspicion anyone whom does ask for any personal identifying information.
Data transferred via the System is encrypted in an effort to provide transmission security. The System also utilizes encryption identification technology to verify that the sender and receiver of the System transmissions can be appropriately identified by each other. This is designed to assist your computer and our computer identifying each other authorized users of the System. Notwithstanding our efforts to insure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers (including fund transfers, Bill Payment and electronic mail) occur openly on the Internet. This means that the data transfers potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the System will not be monitored or read by others.
H. Fees and Charges. You agree to pay the fees and charges for your use of System Services as follow:
1. There is no charge to view your account online. If you select Bill Payment Service please see the "Schedule of Fees" below. The charge for Bill Payment Service is in addition to any other fees and charges that apply to your Accounts. 2. For certain savings accounts and money market deposit accounts, an excess transaction fee may apply to each withdrawal or transfer that exceeds the number of limited transactions you may make each statement period. These fees are described in the attached "Schedule of Fees" schedule.
You agree that all such fees and charges will be deducted from the Bank account designated as the "Primary Account" on your Enrollment Form. (If none is designated, we will treat the first-listed Account as the "Primary Account"). If you close your Primary Account you must contact us immediately to designate another account as your Primary Account. You agree to pay any additional charges for Bank services you request which are not covered by this Agreement. You are also responsible for telephone, Internet service and any other third party fees you incur in connection with your use of the System.
I. Posting of Transfers. Transfers completed through the System before 5:00 p.m. Pacific Time on a Business Day are posted to your Account the same day. Transfers completed after 5:00 p.m. Pacific Time on a Business Day, Saturday, Sunday or banking holiday, will be posted on the next Business Day. The System identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the view Postings screens in both the Transfer and Bill Payer menu options of the System will not reflect transfers made by multiple users from the same Account if different login ID's are used. You agree to communicate with any other persons with authorized access to your Accounts concerning any transfers or Bill Payments from your Accounts in order to avoid overdrafts.
If a transfer request (or a request for cancellation or amendment of a transfer request) received by Bank purports to have been transmitted or authorized by Customer, it will be deemed effective as customer's transfer request and customer will be obligated to Bank for the amount of the transfer request, even though the transfer request was not authorized by Customer, provided Bank acted in compliance with the Security Procedures.
If a transfer request (or a request for cancellation or amendment of a transfer request) received by Bank was transmitted or authorized by customer, Customer shall be obligated to pay the amount of the transfer as provided herein, whether or not Bank complied with the security procedure referred to in the Agreement with respect to that transfer request and whether or not that transfer request was erroneous in any respect or that error would have been detected in Bank had complied with such procedure. The amount of transfer is limited to the amount of available balance in the account on the day that the transfer is requested.
J. Overdrafts (Order of Payments, Transfers, and Other Withdrawals). If your Account has insufficient funds to perform all electronic fund transfers you have requested for a given Business day, then:
1. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority.
2. Electronic funds transfers initiated through the System which result in an overdraft of your Account may, at our discretion, be cancelled; and
3. In the event the electronic fund transfers initiated through the System which would result in an overdraft of your Account are not cancelled, current overdraft charges may be assessed, pursuant to the terms of the deposit agreement for that Account.
4. We reserve the right to return checks presented against insufficient funds. These items may show as paid on your online statement.
K. Limits on Amounts and Frequency of System Transactions. Federal regulations limit the number of certain types of transfers from savings and money market deposit accounts. Money Market deposit accounts are limited to six pre-authorized electronic fund transfers and telephone transfers (including System transactions, checks and point-of-sale transactions) per month. Of these six transactions, you are limited to no more than three transactions per month by check or point-of-sale. Each fund transfer or payment through the System from your savings or money market deposit Account is counted as one of the six limited transfers you are permitted each month.
L. Using the System for Bill Payment (and Transfer) Services. With the Bill Payment Service option, you may make payments to companies or individuals you select. You may make Bill Payments in any amount up to the maximum available funds on deposit per posting day and any available credit under an attached credit facility, subject to the following limits. These funds must be in your Account on the day the Account is scheduled to be debited, and we may require you to pre-fund transactions at our option. You may pay any merchant approved by us; however we are not able to process payments to federal, state or local taxing authorities unless you are enrolled with our Taxtel program. We may refuse to process transactions that would exceed these limits. If a hold has been placed on deposits made to an Account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. By using the Bill Payment Service option you agree to the additional rules and requirements as set forth in Addendum A to this Agreement.
M. Bill Pay Stop Payment Requests. Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment, which has been paid electronically. You may be able to stop a System bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will process your stop payment request. We will notify you if the paper draft has already cleared. To be effective, this type of stop payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled days of the payment, and the ID number from the Bill Payment View Posting Screen.
Stop payment requests for non-bill pay transactions are not accepted over the online system.
Customer acknowledges that the information regarding the status of individual checks will not include transactions, including cash payments, on a check that occur on the same banking day as the date of receipt of the stop payment request. Customer acknowledges that a transaction search through System will not inclusively reveal whether a check has been paid until the banking day after the banking day on which the stop payment request is receive by the Bank. Any loss suffered by Customer due to Customer's decision to issue a new or replacement check, or to take any action, based on information in the System prior to the next banking day after the banking day on which the stop payment request has been received by Bank will be the responsibility of the Customer and not of the Bank.
Customer acknowledges that a review of the System account history and of Customer's account records may fail to reveal a check was previously paid, in which case Bank will not be responsible for any loss suffered by Customer. Bank may, but is not obligated to notify Customer if Bank determines the check was paid on the day the stop payment request was received by Bank, If given, such notification will be made before 12:00 a.m. noon (Pacific Time) on the next business day. Otherwise, no notice will be provided to Customer by Bank.
Stop payment requests remain in effect for six months, unless renewed for a successive six-month period. After expirations of a stop payment request, a check may be paid even though the check is "stale" or "stale dated".
Stop payment requests may be cancelled by providing authorization to Bank by using the system or by writing Bank. Stop payment requests are automatically cancelled when the account on which the check is drawn is closed and/or at the end of the six month term of the order (unless renewed).
Under certain requirements, a holder of a check may be entitled to enforce payment against Customer even when a stop payment request is in effect.
N. Disclosure of Account Information and Transfers. You understand that information about your Account or the transfers you make may be disclosed to others. For example, we may disclose personal information to third parties:
1. If we have entered into an agreement with another party to provide any of the Services. For example, a third party servicer that assists us in the processing of Bill Payment Services. In this case, we will provide that party with information about your Account, your transfers, and your communications with us in order to carry out your instructions;
2. If it is necessary for completing transfers or otherwise carrying out your instructions;
3. If it is necessary to verify the existence and conditions of an Account for a third party, such as a credit bureau, a merchant, or any holder of a check issued by you through Bill Payment.
4. In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information;
5. In order to provide you with information about products and services that we believe will be of interest to you; or
6. If you otherwise give us your written permission.
We may also seek information about you from others such as credit bureaus, in connection with the opening and maintaining of your Account, approving your access to the System or as part of our on-going relations with you. You agree and hereby authorize all these transfers of information. We do not solicit information from children under the age of 13.
O. Periodic Statements. You will get a monthly Account Statement. It will not be a separate statement for banking transactions you make using the System. Transfers to and from your Account using the System will appear on the respective periodic statements for your Accounts.
P. Change in Terms. We may change any term of this Agreement at any time. If the change would result in increased fees for any System Service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency of dollar amount of transfers, we agree to give you notice at least 21 days before the effective day of any such change, unless an immediate change is necessary to maintain the security of an Account or our electronic fund transfer system. We will post any required notice of the change in terms on the Bank System website or forward it to you by e-mail or by U.S. postal mail.
If advance notice of the change is not required, and disclosure does not jeopardize the security of the Account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject System Services indicated your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific Accounts.
Q. Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express, or implied, including any implied warranty of merchantability of fitness for a particular purpose, on non-infringement of third party rights, in connection with the System Services provided to you under this Agreement. We do not and can not warrant that the System will operate without errors, or that any of all System Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services, or products provided under this Agreement or by reason or your use of or access to the system, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Bank and its affiliates exceed the amounts paid by you for the services provided to you through the System?
Indemnification - Notwithstanding any provision of this Agreement to the contrary, Customer agrees to indemnify, defend and hold First Private Bank and Trust harmless against any loss, damage, harm or expense (including attorney's fees and expenses) suffered or incurred, as a result of, or arising out of, action or inaction by Customer or First Private Bank and Trust under this Agreement.
The laws of the State of California govern this Agreement. The successful party in any such action shall be entitled to recover from the unsuccessful party, in addition to any other relief to which it may be entitled, reasonable attorneys' fees and costs incurred by it in prosecuting or defending such action.
Bank has the right to provide the System Services through an affiliate or unrelated third party. In order to provide the System to Customer through this type of arrangement, Customer authorizes Bank to disclose information on Customer's account(s) and services to the affiliate or third party that provides the Services. Customer hereof may make no assignment without the consent of the Bank.
R. Your Right to Terminate. You may cancel your System Service at any time by providing us with written notice by postal mail or in person. Your access to the System will be suspended within 3 Business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees, future scheduled Bill Payment requests, transfers and charges incurred prior to the date of cancellation.
S. Communications between Bank and You. Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
* E-Mail - You can contact us by e-mail at www.1statebank.com. Please note that banking transactions through System are not made via e-mail. There is a message form on the website where you are able to communicate with us securely. Messages sent by e-mail, may not be secured, may be intercepted by third parties and may not be immediately received by the appropriate department of First Private Bank and Trust.
* Telephone - You can contact us by telephone at (818) 789-9055.
* Facsimile - You can contact us by fax at (818) 789-9024.
* Postal Mail - You can write to us at:
First Private Bank and Trust
16000 Ventura Blvd .
Encino California, 91436
Attn: Internet Banking Coordinator
* In Person - You may visit us in person at our office:
First Private Bank and Trust
16000 Ventura Blvd.
Encino, California 91436
Unless another address is substituted by notice delivered or sent as provided herein. Except as otherwise expressly provided herein, any such notice shall be deemed given when sent or received by Bank.
T. Automated clearinghouse 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.
1. Compliance with OFAC Regulations. You acknowledge that the ACH Clearinghouse system may not be used in violation of, and that Bill Payments (both Electronic and Check) originated by you must comply with, the laws of the United States, including sanctions laws administered by the Office of Foreign Asset Controls.
2. Provisional Payments. When you send an Electronic Bill Payment, it is sent to and received by another financial institution (or, possibly, us). The receiving depository financial institution ("RDFI") receives the ACH transaction and credits it to the account of its depositor (a "Receiver"). You agree to be bound by the provision of the National Automated clearinghouse Rules making payment by the RDFI to the Receiver provisional until receipt by the RDFI of final settlement for the credit transaction. You understand that if final settlement is not received, the RDFI will be entitled to a refund from the Receiver of the amount credited and you will not be deemed to have paid the Receiver the amount of Electronic Bill Payment. You also agree that any payment by us 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.
3. Limit on Payment Amounts. As noted above, you are limited to the amount of Electronic Bill Payments in any given Business day, to a maximum of available funds in the designated account plus any available overdraft credit, unless, a lower amount is set by us.
U. Miscellaneous. This Agreement, together with the Enrollment form and if applicable Bill Payment Agreement constitutes the entire agreement between you and Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein. The terms and conditions of the deposit agreements and disclosures for each of your Accounts, as well as your other agreements with Bank (such as for loans or other services), continue to apply except as specifically altered by this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of California (except to the extent this Agreement can and does vary such rules or laws, and excluding California rules governing conflicts of law). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute waiver of any other or your heirs, successors and assigns. Any of your obligations pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.
II. SPECIAL RULES FOR CONSUMER TRANSACTIONS
A. In Case of Errors or Questions about Your Electronic Transfers (including Bill Payments).
Telephone us at (818) 789-9055, or locate our e-mail address at www.1statebank.com or write to us at 16000 Ventura Blvd, Encino, California 91436 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 than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us:
1. Tell us your name and Account number (if any). (Remember because e-mail may be intercepted by third parties we do not recommend forwarding any confidential information, i.e. account number via e-mail).
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 contact 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 it takes 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 3 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.
B. Financial Institution's Liability. If we do not complete a transfer to or from your Account (including a Bill Payment) on time or in the correct amount according to our agreement with you, we will be liable for proven losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money in your Account to make the transfer. If the transfer would go over the credit limit on your overdraft line. If any electronic terminal, telecommunication device, or any part of the System was not working properly and you knew about the breakdown when you started the transfer. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines), prevent the transfer, despite reasonable precautions that we have taken. If a legal order directs us to prohibit withdrawals from the Account. If your Account is closed or if it has been frozen. If you, or anyone authorized by you, commits any fraud or violates any law or regulation. If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment. If you have not properly followed the on-screen instructions for using the System.
There may be other exceptions in our agreements with you.
C. Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your password has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, or if you suspect any fraudulent activity on your Account. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Accounts (plus your maximum overdraft line of credit, if any). If you tell us within 2 Business Days, you can lose no more than $50.00 if it can be proven that someone has stolen and used your password without your permission.
If you do NOT contact us within 2 Business days after you learn of the loss, theft or unauthorized use of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement 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 lose if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
D. Reporting Unauthorized Transactions. You should notify us immediately if you believe your password has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, or if you suspect any fraudulent activity on your Account. You may notify us in any one of the following ways:
* E-Mail - You can contact us by locating our e-mail address at www.1statebank.com. Please note that banking transactions through system are not made via e-mail. Messages sent by e-mail, may be intercepted by third parties and may not be immediately received by the appropriate department of First Private Bank and Trust.
* Telephone - You can contact us by telephone at (818)-789-9055. Facsimile - You can contact us by fax at (818)-789-9055
* Postal Mail - You can write to us at:
First Private Bank and Trust
16000 Ventura Blvd .
Encino California, 91436
Attn: Internet Banking Coordinator
* In person - You may visit us in person at our office:
First Private Bank and Trust
16000 Ventura Blvd .
Encino California, 91436
Attn: Internet Banking Coordinator
DISCLAIMER
The information and materials contained in this website are provided "as is" without warranty of any kind, either expressed or implied. Product offers, rates, terms and other information provided herein are subject to change without notice. First Private Bank and Trust cannot guarantee the completeness or accuracy of the information provided herein. Please contact us at 818-366-2188 for the most current information.
In no event will First Private Bank and Trust be liable for any damages, losses or expenses, including without limitation, direct or indirect, special, incidental or consequential damages arising in connection with any web site, user thereof or reliance on any information contained herein, even if First Private Bank and Trust is notified of the possibility of such damages.
