AMERICAN PLUS BANK, N.A.
Online Banking Agreement and Disclosure
Online Banking Agreement and Disclosure
This Online Banking Agreement (this "Agreement") contains the terms that govern your use of the American Plus Bank Online banking service. In this Agreement, we will use the word "Service" to refer to the American Plus Bank Online banking services. You may use a Service to access your Eligible Accounts (defined in section II of this Agreement) through the Internet. You may also use a Service to access a number of Online Financial Services (defined in section X of this Agreement) through the Internet. By using a Service to access an Eligible Account or Online Financial Service, you are agreeing to the terms of this Agreement. In this Agreement, the words: "Bank", "we," "us," "our" and "American Plus Bank" are used to refer to American Plus Bank, N.A. and any of their affiliates or direct or indirect subsidiaries, when they or the affiliates or subsidiaries hold an Eligible Account or provide an Online Financial Service; "you" or "your" is used to refer to the owner of an Eligible Account or an authorized representative; "consumer" is used to refer to a natural person who owns an Eligible Account with respect to which an Online Financial Service is requested primarily for personal, family or household purposes; "business" is used to refer to anyone other than a consumer who owns an Eligible Account with respect to which an Online Financial Service is requested; and "authorized representative" is used to refer to a person with authority of any kind with respect to an Eligible Account or an Online Financial Transaction.
WAIVER OF REQUIREMENT FOR TWO SIGNATURES:You recognize that any requirement of verifying two signatures on checks, if such a requirement exists, does not apply to electronic or telephone transfers, and release Bank from liability when making such transfers. This means that any person who is authorized to act as a signer on your account shall be authorized by you to individually make electronic or telephonic transfers, even though that person's authority to transfer or withdraw funds from your account by some other means (e.g., by check) must be exercised jointly with one or more other persons. Notwithstanding any other access agreement or terms and conditions with respect to your access to an Eligible Account established primarily for personal, family or household purposes, this Agreement shall have precedence in interpreting any inconsistencies in the provisions of such agreements.
II. ELIGIBLE ACCOUNTS
Eligible Accounts include deposit and loan accounts you maintain with American Plus Bank. Each of your Eligible Accounts will continue to be subject to the agreement that already applies to it. In the event there is any conflict between this Agreement and agreement for your Eligible Account, or if any agreement for your Eligible Accounts contains a provision that is not in this Agreement, your agreement for your Eligible Account will take precedence over this Agreement but only to the extent it applies to that particular Eligible Account. Joint account owners have the right to any information or to make any request associated with their account. Please refer to the agreement governing your Eligible Accounts for more information. Additionally, each Eligible Account and Online Financial Service will be subject to the following:
- the terms or instructions appearing on a screen when using a Service;
- American Plus Bank's rules, procedures and policies applicable to each Eligible Account and each Online Financial Service;
- the rules and regulations of any funds transfer system used in connection with an Online Financial Service; and
- applicable state and federal laws and regulations.
III. ACCESS TO ELIGIBLE ACCOUNTS
You authorize American Plus Bank to provide access to some or all Eligible Accounts through the Service. For each Eligible Account to which access is provided, you may request removal of such access by calling American Plus Bank Online Customer Service at 626-821-9188. You may access an Eligible Account at the American Plus Bank website at https://www.bankaplus.com/ (called the "Website") to obtain balances, transaction history and other information. To access an Eligible Account or use an Online Financial Service you must have a password and the required hardware and software. Subject to the terms of this Agreement, you will generally be able to access your Eligible Accounts through the Website seven days a week, 24 hours a day. A transfer completed through a Service before the transfer cutoff time on a business day will be posted to your Eligible Account the same day. All transfers completed after the transfer cutoff time on a business day or on a day that is not a business day, will be posted on the next business day. The transfer cutoff time is 5:00 p.m. (Pacific Time). Every day is a business day except Saturdays, Sundays and federal holidays
At certain times, a Service may not be available due to system maintenance or circumstances beyond our control. During these times, you may contact us at 626-821-9188 to obtain information about your Eligible Accounts.
IV. LINKED ELIGIBLE ACCOUNTS
Eligible Accounts that are linked together in the same portfolio will appear together without regard to the ownership of those accounts, for example, that when an authorized representative of an Eligible Account accesses the Service, that authorized representative will be able to view and access at a single time the following accounts:
- the accounts of the business for which that person is an authorized representative;
- the accounts of any other business for which that person is an authorized representative; and
- any consumer accounts for which the person is a co-owner or authorized signer
V. BUSINESS ACCOUNTS
If you are a business, any authorized signer of your business account is authorized on such terms, conditions, and agreements as we may from time to time require to:
- enter into this Agreement, as amended from time to time;
- access each Eligible Account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and
- use any Online Financial Service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.
VI. ELECTRONIC MAIL (EMAIL)
One way we may communicate with you is through email. By sending us an email or otherwise providing us with an email or text message address, you expressly consent to American Plus Bank sending email or text messages to such address. You should not rely on e-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur. You cannot use email to initiate transactions on your Eligible Accounts. For transactions, please use the appropriate functions within the Service or call American Plus Bank Online Customer Service at 626-821-9188.
NOTE: E-mail transmissions outside of the Online Banking Website are not secure. We advise you not to send us or ask for sensitive information such as account numbers, password, account information, etc. via any general or public e-mail system.
VII. SCHEDULE OF FEES
There is a $10.00 charge for business account Bill Payment service per month. The fee will be deducted automatically from the Bill Payment account you specify each month.
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
VIX. USE OF YOUR SECURITY PASSWORD
You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:
- Do not give out your account information, password, or user ID;
- Do not leave your PC unattended while you are in the Bank's Online Banking Site;
- Never leave your account information within range of others; and
- Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system.
X. ONLINE FINANCIAL SERVICES
You may use the Service to obtain such products and services as are then available through the Service as then disclosed at the Website (the "Online Financial Services"). With respect to your Eligible Deposit Accounts, this includes obtaining balance information, transferring funds between eligible deposit accounts, reviewing transactions on eligible accounts, online bill payment and obtaining copy of statement. With respect to loan accounts, you may obtain balance information and copy of loan statement. American Plus Bank may, from time to time, introduce new Online Financial Services. When this happens, we will update our Website to include them. By using an Online Financial Service, you agree to be bound by the terms contained in this Agreement at that time.
NOTE: Because regulations require the Bank to limit preauthorized transfers (including Internet Banking transfers), the following limitations apply:
- Statement savings account. You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Internet Banking.
- Money Market account. You can make no more than six (6) transfers per
statement period by preauthorized or automatic transfer or by telephone or
XI. BILL PAY
Upon approval of the online bill payment service, you will be required to accept the online bill pay service agreement and disclosure. Refer to the online bill payment service agreement and disclosure under a separate link for specific information.
XII. TERM AND TERMINATION
This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.
B. TERMINATION FOR CAUSE.
We may immediately terminate your electronic banking privileges (including the Bill Payment Service) without notice to you under the following circumstances:
- you do not pay any fee required by this Agreement when due; or
- you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing.
C. TERMINATION FOR CONVENIENCE.
To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). You may notify the Bank by one of the following methods:
- By calling 626-821-9188; or
- By writing a letter and either sending it to the following address:
Attention: Internet Banking Administrator
American Plus Bank, N.A.
630 W. Duarte Rd
Arcadia, CA 91007 or
- giving it to a Customer Service Representative at any of the Bank's locations during our regular business hours posted for that location.
XIII. ERRORS AND QUESTIONS
In case of errors or questions regarding an Online Banking transaction, please call 626-821-9188. You should report an unauthorized Online Banking transaction that appears on your periodic statement no later than 60 days of transmittal of the statement.
- When reporting a problem, be prepared to provide the following:
- Your name and account number
- A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information; and
- The dollar amount of the suspected error and date on which it occurred.
A. OUR LIABILITY.
This section explains our liability to you only to the extent that our liability has not been separately disclosed by any other agreements, notices or disclosures. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement and Bill Payment Agreement. We will be liable for the amount of any material losses or damages incurred by you resulting directly from our gross negligence. We will not be liable to you in the following instances:
- If through no fault of the Bank, you do not have enough money in your account to make the transfer;
- If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken;
- If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy;
- If your funds are subject to a legal proceeding or other encumbrance restricting the transfer;
- If your transfer authorization terminates by operation of law;
- If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately;
- If you have not properly followed the instructions on how to make a transfer included in this Agreement;
- If we have received incomplete or inaccurate information from you or a third party involving the account or transfer; and
- If we have a reasonable basis for believing that unauthorized use of your password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment account.
C. THIRD PARTIES.
We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser),...etc., by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.
D. VIRUS PROTECTION.
The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
XIX. GENERAL PROVISIONS
We reserve the right to amend or cancel any of the provisions of this Agreement, including changes to any fees, costs, or assessments. We may amend or cancel any provision or charge by disclosing the change electronically, and, at our option, by sending you notification in addition thereto. We will provide notice of thirty (30) days of any changes (or such lesser period as may be allowed by applicable law) unless an immediate change is necessary to maintain the security of the system. You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing the accounts or services to which these changes relate, at your option. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.
B. GOVERNING LAW.
Each of your Eligible Accounts will continue to be read and interpreted according to the laws described in the agreements you have with us regarding those Eligible Accounts (for example, your deposit account agreement with us). Except where superseded by the laws of the United Stated of America or regulations promulgated thereunder, this Online Banking Agreement will be read and interpreted according to the laws of the State of California, without regard to conflict-of-law rules. In any legal action or claim regarding this Online Banking Agreement, the prevailing party will be entitled to recover costs and attorney fees.
We may assign this Agreement to any affiliate, parent or other company; however, you may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
D. PROPRIETARY RIGHTS.
Other than your Materials and Account Information, all content included or available on the Service, such as advertisements, text graphics, logos, button icons, images, audio clips, and software, is the property of American Plus Bank, and/or third parties and is protected by copyrights, trademarks, or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the Service is the exclusive property of American Plus Bank and/or it licensors and is protected by copyright or other intellectual property rights. The trademarks, logos, and service marks displayed on the Service (collectively the "Trademarks") are the registered and unregistered trademarks of American Plus Bank, or third parties. Under no circumstances may you use copy, alter, modify, or change these Trademarks. Nothing contained on the Service should be construed as granting by implication or otherwise any license or right to use any Trademark without the express written permission of American Plus Bank, or the third party which has rights to such Trademarks, as appropriate.
E. ENTIRE AGREEMENT.
This Agreement represents the sole and exclusive agreement between you and American Plus Bank regarding the Service and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof. If any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected.
Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If you have any questions regarding this Agreement, please contact American Plus Bank Online Customer Service at 626-821-9188.