Online Banking and Bill Payment
ONLINE BANKING AGREEMENT
FEDERAL ELECTRONIC FUNDS TRANSFER ACT DISCLOSURE AND ONLINE BANKING AGREEMENT
This Agreement governs your use of Armed Forces Bank of California's Internet Banking Service ("Service"). It also contains important disclosure information relating to electronic funds transfers made through the Service. By subscribing to the Service or using the Service to access Account information, or to make any transfer between Accounts or payment to a third party ("Payee(s)"), you agree to the terms of this Agreement. Access to Account information, transfers between Accounts and payments to Payees drawn on or debited against your Accounts, are referred to as "Transactions." "Services Guide" means any other instructions, software and manuals, including those online, relating to the Service. "Agreement" means this Internet Banking Agreement and the Services Guide, as may be amended or replaced. In the event of a conflict between this Internet Banking Agreement and the Services Guide, the Internet Banking Agreement shall control. By using any new services that are made available, you agree to be bound by any terms and conditions that we communicate to you concerning the services. "Account(s)" mean the checking, Money Market, savings accounts, or other accounts designated by you for access through the Service, including your designated Payment Account. In our sole discretion, we may refuse to include, or may exclude from continued use, an Account in the Service. The words "we", "us" and "our" refer to Armed Forces Bank of California, N.A., the bank which holds the Deposit Accounts accessed by the Service, and any agent, independent contractor or assignee Armed Forces Bank of California may, in its sole discretion, involve in the provision of the Service. The words "you" and "your" refer to each person subscribing to the Service and each person who uses the Service with the permission of the subscriber. "Business Days" are Monday through Friday, except legal holidays. You can use the Service on the days and during the hours specified in the Services Guide, except during maintenance periods. However, we can process transactions only on Business Days. "Banking Day" means that part of any Business Day on which we are open to the public for carrying on substantially all of our banking functions. Much of our relationship with you is regulated by state and federal law, including the Uniform Commercial Code, and regulations of the Federal Reserve System, other regulatory agencies and clearinghouse associations. These laws and regulations, as well as the terms of the Agreement, may change from time to time without notice to you unless required by law. Your continued use of the Service following receipt of the Agreement or notice of a change is considered acceptance of the Agreement or change. Notice of a change may be made by mail or electronically. The agreements that apply to your Accounts with us, including, but not limited to, The Account Terms and Conditions Agreement, apply to all Transactions made on the Accounts through the Service. You agree that we may obtain and review your credit bureau report, from time to time. We may obtain information regarding your accounts with Payees in order to facilitate proper handling and crediting of your payments.
We encourage you to keep this Agreement for your records. If you have any questions, ask any Customer Service Representative for assistance.
INFORMATION PRINCIPLES FOR INDIVIDUALS PROTECTING YOUR PRIVACY Our policy is to protect personal or financial information which comes into our possession during the normal course of business. The following privacy guidelines serve as standards our employees will use when collecting, using, and maintaining your personal information. RECOGNITION OF A CUSTOMER'S EXPECTATION OF PRIVACY We recognize the importance of keeping your personal and financial information accurate and confidential at all times. We handle this information carefully because we value the trust you place in us when you decide to become our customer. Categories of information we collect We collect personal and financial information about you from the following sources:
We collect, retain, and use information about you in accordance with regulatory requirements, to enhance the quality of service and products we provide, and to inform you about additional opportunities that may be beneficial. Categories of information we disclose and persons to whom we disclose information We do not disclose any personal or financial information about you to anyone, except as permitted by law. For example, we are permitted by law to disclose personal or financial information about you in the following circumstances:
MAINTAINING CUSTOMER PRIVACY IN BUSINESS RELATIONSHIPS WITH THIRD PARTIES We may disclose all of the information we collect, as described above, to companies that provide us with products or services that help us furnish banking services to you (for example, check printers, appraisers, loan processors, etc.). If we do so, we will insist (through a written agreement) that such person follow privacy principles similar to those stated in this Privacy Policy. MAINTENANCE OF ACCURATE INFORMATION We continually strive to maintain complete and accurate information about you and your accounts. If you ever believe that our records contain inaccurate or incomplete information, please notify us. We will investigate your concerns and correct any inaccuracies. Confidentiality and security We maintain physical, electronic, and procedural safeguards that comply with Federal regulations to guard your personal and financial information. Our employees do not have access to your personal or financial information unless they have a business reason to have access to this information. We educate our employees on the importance of maintaining the confidentiality of your personal and financial information and on this Privacy Policy. DISCLOSURE OF PRIVACY POLICY TO CUSTOMERS We recognize and respect your privacy expectations. We want you to understand our commitment to privacy in our use of your personal and financial information. As a result of our commitment to you, we have developed this Privacy Policy and wish to make it readily available to you. PRIVACY INFORMATION SPECIFIC TO INTERNET USAGE
This Privacy Policy will be provided to each new customer at the time the customer relationship is established. Additionally, a copy of this Privacy Policy will be mailed to all customers once per calendar year. Anyone may receive a copy of this Privacy Policy upon request. PROTECTING ONLINE APPLICATIONS When you apply online for accounts or services, or enroll in online banking, you provide personal information that is necessary for us to process your application. To ensure that your application remains confidential, the information is sent to us in a "secure session" established with Secure Socket Layer (SSL).Information may also be exchanged with credit bureaus and similar organizations, provided when legally required or permitted, or in connection with a fraud investigation, an acquisition or the sale of your account to another financial institution. Please note that since we cannot control information on other Internet sites, we are not responsible for the content of sites linked from www.afbank.com. COUNT ON OUR COMMITMENT TO YOUR PRIVACY You can count on us to keep you informed about how we protect your privacy and limit the sharing of information you provide to us - whether it's at a branch, over the phone or through the Internet.
ARMED FORCES BANK OF CALIFORNIA RESERVES THE RIGHT TO CHANGE THIS POLICY AT ANY TIME.
If you send e-mail to us, please remember that e-mail is not secure against interception. If your e-mail contains information that is very sensitive or includes personal information such as your account numbers, charge card number, or social security number, you may want to send this information via postal mail.Questions concerning the privacy of your information at Armed Forces Bank of California should be directed to: Armed Forces Bank of California, N.A. Attention: Director of Security P.O. Box 3400 Fort Leavenworth, KS 66027 Telephone: 1-888-715-8282 E-mail: privacy@afbank.com YOUR PERSONAL IDENTIFICATION NUMBER (PIN) The Personal Identification Number ("PIN") is provided for your use and protection. You must change the PIN to a unique number at the time you first use the Service. You agree to: (a) not disclose the PIN or otherwise make it available to anyone else; (b) use the PIN as instructed in the Services Guide; (c) immediately notify us of any loss or theft of the PIN; and (d) be liable for the PIN and for its authorized use and for its unauthorized use as described in this Agreement. Unless you notify us as provided in this Agreement, you acknowledge that we are entitled to rely on the use of your PIN as your authorization for any Transaction through the Service. You are responsible for all Transactions you initiate or authorize using the Service. If you permit any other person to use the Service or your PIN, you will have authorized that person to access your Accounts and you are responsible for all Transactions that person initiates or authorizes from your Accounts. We reserve the right to implement additional security procedures, such as limiting the frequency and dollar amount of transactions from your Accounts for security reasons. TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT OF UNAUTHORIZED TRANSACTIONS OR STOP PAYMENTS Tell us AT ONCE if your PIN has been lost or stolen. If you believe your PIN is subject to unauthorized use or that someone has transferred or may transfer money from your Account without your permission, call or write us at the telephone number and address listed below:
Armed Forces Bank of California
TYPES OF AVAILABLE TRANSACTIONS AND LIMITS ON TRANSACTIONS
Account Access. Upon request, you may use the Service to:Online Banking Customer Service P O Box 3400 Fort Leavenworth, KS 66027 1-888-715-8282 Access your Account Online. You may obtain account balances and transaction information including access to your periodic statements, for your Accounts. Transfer funds between your Deposit Accounts. A request to transfer funds between Accounts will not result in an immediate transfer or immediate funds availability because of the time required to process the files. If there are not available funds in the Deposit Account from which a transfer is being made at the time the transfer is processed, the transfer will be canceled and we will not make the transfer at a later date. You may not schedule transfers for future dates. Requests made after 5:00 p.m. Central Time or on a non-Business Day will be considered to be made the next Business Day. Send electronic mail (e-mail) to us and receive e-mail from us. We may not immediately receive e-mail that you send. We must have a reasonable opportunity to act before taking action on your e-mail requests. You cannot use e-mail to make a bill payment, account inquiry or funds transfer. You may not use e-mail to stop payment, report unauthorized use of your PIN, 'or to report an unauthorized Transaction. You must notify us by calling or writing us at the phone number or address listed above. Online Bill Payment You hereby authorize us to make payments from your designated checking Account "Payment Account" in the amounts you request to persons or businesses in the United States (each, a "Payee"). You further authorize us to make payments on your behalf by bank check ("Check Payments") or electronic funds transfers ("EFT Payments") drawn on or debited against your Payment Account. We will decide, in our sole discretion, which payment method to use on a case by case basis. You must specify the date ("Payment Date") by which you want us to issue a Check Payment or EFT Payment. That day can be any Business Day up to 360 days in the future. You must give the bill payment instructions not less than 7 business days in advance of the day on which the payment is due to the Payee. If checks written and/or EFT transactions initiated by you are presented on a Payment Date, we will, in our sole discretion, determine the order in which these payments are processed. While most Payees can be reached through the Service, we reserve the right to refuse to allow you to designate any particular Payee or classes of Payees. You may not make a payment of alimony, maintenance, child suppm1, taxes, or other governmental fees or court-directed payments through the Service. We shall have a reasonable opportunity to act before changes to your Payee list are effective. Funds are available for transfers and payments in accordance with our Funds Availability Policy contained in The Account Terms and Conditions booklet. If there are not sufficient available funds in the Payment Account to make payments you have authorized, we will attempt to make the payment for three consecutive business days and then may either refuse to honor payment requests or may make the payment and thereby overdraw the Payment Account. In either event, you will pay on demand the negative balance and are responsible for any insufficient funds and return item charges. If you have overdraft protection with us, you are bound by the rules and regulations which apply to that transfer or credit privilege. If we refuse to honor a payment request due to insufficient available funds, that particular payment will be canceled. It is your responsibility to transmit your bill payment authorizations in such a manner that your bills are paid on time. You are responsible for any late payment charge, finance charge, penalty or default that may result from your failure to transmit payment authorizations in sufficient time. We will not be liable to you if a Payee cannot or will not accept a payment made through the Service. You agree to notify us promptly if you receive notice from a Payee that a payment you made using the Service has not been completed or remains unpaid. We will not be liable to you for any damages to the extent that your failure or delay in notifying us that a bill payment was not made prevents us from avoiding or alleviating such damages. Limitation on Dollar Amount and Frequency of Transactions. Subject to available Deposit Account balances, funds transfers and bill payments can be made for any amount. There are no limitations on the number of Transactions that can be made during any time period to or from any Account, except as provided by federal regulations limiting pre-authorized transfers. By federal regulation, you are limited during any statement cycle or calendar month to six pre-authorized or automatic transfers (three of which may be by check, draft or similar order) if the Account is a Money Market Deposit Account or a savings account. Online bill payments and transfers between your Deposit Accounts are considered pre-authorized transfers. CHARGES FOR TRANSACTIONS OR RIGHT TO MAKE TRANSACTIONS Online banking and online bill payment are free services. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES We will disclose information to third parties about your Account or the Transactions you make: When it is necessary for completing Transactions; or in order to verify the existence and condition of your Account for a third party, such as a credit bureau, merchant, Payee or holder of a check issued through the Service; or in order to comply with government agency or court orders, or to give information to any governmental entity having legal authority to request such information. RIGHT TO RECEIVE DOCUMENTATION OF TRANSACTIONS Periodic Statement. You will get a monthly statement if you have an Account upon which checks or drafts may be drawn. You will get a monthly statement on your savings account if there are Transactions during the month. The Payee name, payment amount, and Transaction date will be reflected for each payment made through the Service. In any case you will get a savings statement quarterly. RIGHT TO STOP PAYMENT, PROCEDURE FOR DOING SO, AND BANK'S LIABILITY FOR FAILURE TO STOP PAYMENT Canceling Online Payments through the Service. After a payment request is transmitted, you are unable to cancel a payment through the Service, if, for example, the payment date or payment amount is incorrect. Stopping Payment through Us. To stop payment, you must call us at 1-888-715-8282 or 913-682-9090 during normal business hours, Monday through Friday between 9 a.m. and 5 p.m. Your stop payment request must include your Payment Account number, the Payee, the exact amount of the payment and the Payment Date. We will charge you our current stop payment fee. Bill Payments. You may order us to stop payment on any payment whether drawn by you or by any other account owner. The stop payment request will be effective if we receive the order at such time and in such manner as to afford us a reasonable opportunity to act upon the order. Stop payment orders may be written or oral. In either case, the order will be effective for 12 months from the date of the order. We will send written confirmation of the order to you by first class mail at your address as it appears in our records. If you do not receive confirmation that we have placed a stop payment order within 7 days after you place the order, contact us to confirm the order is in effect. Unless you inform us that you did not receive confirmation within 7 days after you place a stop payment order, we will assume you received the confirmation. See your Account Terms and Conditions booklet for other provisions relating to stop payments. BANK'S LIABILITY FOR FAILURE TO MAKE TRANSFERS OR PAYMENTS If we do not complete a Transaction to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your actual losses, if any, as provided by applicable laws and regulations. However, there are some exceptions. We will not be liable if, for example but without limitation:
Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Service or the use of the Service or arising in any way out of the installation, operation, or maintenance of your computer or related equipment. YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS Tell us AT ONCE if you believe there has been an unauthorized transaction from your Account. Telephoning is the best way of keeping possible losses down. If you tell us within 2 Business Days (4 days if your account was opened in Kansas) after you learn of the loss or theft, you can lose no more than $50 if someone deposited, withdrew or transferred funds without you permission. If you do NOT tell us within 2 Business Days (4 days in Kansas) after you learn of the loss or theft and we can prove we could have stopped someone from transferring funds without your permission if you had told us, you could lose as much as $500 ($300 in Kansas). Also, if your Account statement shows Transactions that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. ERROR RESOLUTION PROCEDURES In cases of errors or questions about your electronic transactions, telephone us at 913-682-9090 or 1-888-715-8282 or write us at P.O. Box 3400, Fort Leavenworth, KS 66027 as soon as possible, if you think your statement is wrong or if you need more information about a Transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Generally, we will tell you the results of our investigation 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 calendar days to investigate your complaint or question. If we decide to do this, we will recredit 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 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 recredit your Account. If we decide that there was no error, we will send you a written explanation within 3 Business Days after we finish our investigation. You may ask for copies of documents that we used in our investigation. INTERNET CONNECTION As stated above in the Privacy Policy section of this Agreement, we use SSL technology to protect the integrity of your communications to us. Even though this technology provides the most secure communications available to the public, it is possible for unauthorized persons to gain access to your computer systems, networks, and any and all information stored therein. If unauthorized persons gain access to your personal information despite our best efforts to prevent such access, you understand and agree that we are not responsible for any adverse consequences whatsoever of your connection to or use of the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another. TERMINATION OF THIS AGREEMENT You may terminate your use of the Service at any time by writing Customer Service at the address listed on the first page of this Agreement. We may terminate your use of the Service, in whole or in part, at any time without prior notice. Your access to the Service will be terminated automatically if the Payment Account is closed, or access to the Payment Account is restricted for any reason. If you terminate the Service, you authorize us to continue making transfers and payments you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice, not to be less than 5 Business Days. Once we have acted upon your termination notice, we will make no further transfer or payment from your Account, including any transfer or payment you have previously authorized. If we terminate your use of the Service, we reserve the right to make no further transfers or payments from your Accounts, including any Transactions you have previously authorized. If you would like to transfer the Service to a different account with us, you must provide 10 Business Days advance written notice. Termination will not affect your liability or obligations under the Agreement. NOTICES Except as otherwise provided in the Agreement, all notices required to be sent to you will be effective when we mail or deliver them to your last known mail or e-mail address that we have for you in our records. You agree that we may send or provide by electronic communication any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic messages sent to you and will not attempt to avoid receiving any messages. You are deemed to have received any electronic messages sent to you when they are made available to you. Except as otherwise provided in this Agreement, any notice that you send to us shall be effective 5 Business Days after our receipt of your notice. ASSIGNMENT You may not assign the Agreement to any other party. We may assign the Agreement or delegate any or all of our rights and responsibilities under the Agreement to any third parties. REMEDIES No delay or omission by us in exercising any rights or remedies under the Agreement shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of any other right or remedy. No waiver shall be valid unless signed in writing by us. GOVERNING LAW/SEVERABILITY The Agreement shall be governed by the laws of the state in which the Payment Account was opened and applicable Federal laws and regulations. If any provision of the Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. ENTIRE AGREEMENT The Agreement is the complete and exclusive agreement between you and us relating to the Service. |