Mobile Banking Agreement
BANC OF CALIFORNIA, NATIONAL ASSOCIATION MOBILE BANKING AGREEMENT
(Last Updated: March 26, 2018)
This Agreement sets forth the terms of the mobile banking service (“Service”) offered by Banc of California, National Association (“Bank” or “us”). It incorporates, supplements and supersedes where inconsistent the terms of your online banking agreement with us. Part A includes terms that are required by our service providers. Part B includes additional terms that apply to the Service. Please read Part A and Part B carefully as they are both part of your Agreement with us. Unless otherwise specified, the times indicated in this Agreement are Pacific Time.
1. General Terms and Conditions. Message and data rates may apply to the Service. For help, text “HELP” to 99588. To cancel, text “STOP” to 99588 at anytime. In case of questions please contact customer service at 1-877-770-2262 or visit www.bancofcal.com.
Program. The Bank offers mobile access to your account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for your accounts (e.g., low balance alerts). Enrollment requires identification of your banking relationship as well as your mobile phone number. The mobile phone number’s verification is done by you receiving an SMS message with a verification code after you enroll in our Online Banking system. You will then enter the verification code in the enrollment page of our Online Banking system. Additionally, you may select the type of alerts and other preferences which will determine, together with your account data, the frequency of alerts delivered to you. This program will be ongoing. Message & Data rates may apply. You will be allowed to opt out of this program at any time.
Questions. You can contact us at 877-770-2262, or send a text message with the word “HELP” to this number: 99588. We can answer any questions you have about the program.
To Stop the Program. To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says “STOP” to this number: 99588. You’ll receive a
one-time opt-out confirmation text message. After that, you will not receive any future messages.
Participation. By participating in the Service, you are agreeing to the terms and conditions presented here.
Participating Carriers. Our participating carriers include (but are not limited to) AT&T, Sprint PCS, T-Mobile®, U.S. Cellular®, Verizon Wireless
Software. Mobile banking and any software you may obtain from us or our service providers for mobile banking (“Software”) may not be available at any time for any reason outside the reasonable control of the Bank or its service providers.
Privacy and User Information. You acknowledge that in connection with your use of the Service, the Bank, its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Service or the Software (collectively “User Information”). The Bank, its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Service and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank, its affiliates and service providers also reserve the right to monitor use of the Service and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on Use. You agree not to use the Service or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Service or the Software to transmit or disseminate:
(i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by the Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Bank or any third-party service provider involved in the provision of the Service
; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco- related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose the Bank, any third-party service provider involved in providing the Service, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Service or the Software, the security of the Service or the Software, or other customers of the Service or the Software; or (d) otherwise abuse the Service or the Software.
Use of Google Maps. You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://www.maps.google.com/help/legalnotices_maps.html, or other URLs as may be updated by Google.
- Your Mobile Device. Once you are approved for this Service, you can use a cellular phone or other mobile communication device approved by us (“Mobile Device”), together with your Password (described below), to obtain information about your accounts and transactions
- with us, transfer funds between your designated accounts with us, schedule bill payments to your designated payees, intitiate Popmoney transfers, and to deposit checks electronically to your designated Bank accounts. Your Mobile Device must support 128-bit encryption, be web- enabled, and (when our text messaging service becomes available) be able to send and receive text SMS messages. Please note that your wireless provider may charge you for internet-related use and text messages. This Agreement does not amend any agreement you may have with your internet service or wireless providers.Mobile banking may not be available over some network carriers and may not support all mobile devices. You must be enrolled for online banking to receive this Service. Additionally, you must register your Mobile Device with our Service.Your Mobile Device may be subject to unauthorized tracking or other manipulation by “spyware” or other malicious code. You agree to take reasonable precautions to ensure the safety, security and integrity of transactions conducted with your Mobile Device (e.g., by not leaving your Mobile Device unattended when logged onto the Service).
We are not responsible for any third party software you may need to use the Service. Your use of such software will be subject to the terms of any agreement you receive in connection with its use (e.g., at time of download and installation). We assume no responsibility for the defects or incompatibility of any devices, computers or software that you use for the Service, even if we have previously approved their use.
- Security Procedure. We may provide you with one or more identification numbers, passwords and/or other means of identification and authentication (collectively “Password”) to access the Service. We also may provide you with operating instructions in connection with the Service. You agree to: (a) comply with the operating instructions; (b) take reasonable steps to safeguard the confidentiality and security of the Password; (c) never disclose your Password to others; (d) notify us immediately if you have any reason to believe the security or confidentiality required by this provision has been or may be breached; and (e) immediately change your Password if you know or suspect that the confidentiality of the Password has been compromised in any way. Our security procedures are not designed for the detection of errors (e.g., duplicate transmissions of check images or errors in information you provide to us). We will not be obligated to detect errors made by you, even if we take certain actions from time to time to do so.We may elect, at our discretion, to verify the authenticity or content of any transmission by placing a call to any owner or authorized signer on your account. We may deny access to the Service without prior notice if we are unable to confirm to our satisfaction any person’s authority to access the Service or if we believe such action is necessary for security reasons. If your account is not primarily for personal, family or household purposes, you agree to be responsible for any check transmission or transaction we receive through the Service, even if it is not authorized by you, provided it includes your Password or is otherwise processed by us in accordance with this security procedure. Each time you transmit check images and other information to us, you warrant that our security procedures are commercially reasonable (based on the normal size, type, and frequency of your transactions).Note: If you believe someone has or may attempt to use your Password or conduct a Service transaction in an unauthorized manner, contact us promptly at 1-877-770-2262. No Bank employee, or any company affiliated with the Bank, will contact you via e-mail or phone requesting your account or security information. If you are contacted by anyone requesting this information, please contact us immediately.
- Account Balance and Transaction Information. You can use the Service to obtain account balance and transaction information throughout the day, seven days a week, except when the system is unavailable for maintenance or other reasons. Please note that the information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal.
- Transfers. You may make transfers between your eligible accounts with us. Transfers cannot be made from time deposit accounts. Transfer requests (outside our Popmoney service) which are received by us on or before the “cutoff hour” of 5:00 p.m. on business days will be posted that day. Transfer requests received after the cutoff hour or on a weekend or holiday may not be processed until the next business day.
- Bill Payments. If you are enrolled for Bill Payment, you can use this Service to make payments to others from one or more of your designated checking accounts with us. Accounts can be linked to Bill Payment only through our online banking service. If you link more than one checking account to Bill Payment, you must specify which account you wish to use in making payments with this Service.Eligible Payees. You may make payments only to payees that you have set up through our online banking service. You may only make payments within the United States. We reserve the right to determine who may be a payee.Scheduling Bill Payments. You may instruct us to send a payment on any business day (the “Payment Send Date”), up to 365 days in advance. We may require that you schedule your payment up to five business days before the Payment Send Date. If our system determines that a payment can be made electronically, however, that period may be shorter. You will see the earliest available Payment Send Date when you schedule your payment. With our Same Day Service, you can instruct us to send an electronic payment to an eligible payee on that same business day. With our Overnight Service, you can instruct us to have a paper check delivered to the payee on the next business day. Note: Some payees may not be able to receive Same Day or Overnight Service. There are fees for our Same Day and Overnight Services (see the “Fees” Section below for details). We may refuse any instruction to make a payment before the earliest available Payment Send Date.
Bill payments will be made either by transferring funds electronically from your designated checking account to the payee or by transferring the funds into a non-interest bearing holding account (bundled with the payments of other customers to the same payee) from which a check will be drawn and mailed to the payee.
Bill payments are processed only Monday through Friday. Any request made on a weekend, holiday, or after 7:00 p.m. (after 2:00 p.m. for Same Day Service or after 1:00 p.m. for Overnight Service) on a business day may be processed on the following business day. Payments may be sent to payees either as an electronic payment (for payees that can receive such payments) or as a check. Because it could take several days for a payee to receive a check through the U.S. mail, you should allow sufficient time for payments by check. Do not rely on any payment grace period. You are responsible for scheduling payments to be made in a timely manner. We will not be responsible for delays that occur in the postal system or automated clearing house, or for any action or omission by a payee.
You agree that we may charge or place a hold against your account for the amount of your payment up to two business days prior to the Payment Send Date. You will receive an online confirmation number at the time that you set up each bill payment.
Erroneous Orders. You assume sole responsibility for accurately describing payees, payment amounts, and payee addresses. We are not responsible for confirming such information, or for monitoring or refusing to process duplicate payment instructions. If you give us a payment instruction that is incorrect in any way, you agree that we may charge your account for the payment whether or not the error could have been detected by us. We are not obligated to detect errors or unusual activity in your transfer or payment instructions.
Rejecting Orders. We may reject payment orders with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically or in writing. We may reject a payment order, for example, if our system indicates that there may not be sufficient time to make the payment to the payee by the Payment Send Date. We also may refuse to send a payment if you do not have sufficient available funds to cover the payment. If we reject a payment, you will need to re-enter the information if you wish to make the payment at a later date.
Changing, Cancelling, and Stopping Bill Payment Orders.
For payment requests made through your Mobile Device, you can cancel or change a payment request electronically by deleting or changing the instruction on the payment screen in mobile banking or through our online banking service. To do this, you must act before 7:00 p.m. (or before 1:00 p.m. for Overnight Service) of the business day before the Payment Send Date You cannot delete or change a Same Day Service payment after it is submitted to us.
You may not stop the payment of any bill payment check on or after the Payment Send Date. If we attempt to stop the payment of a bill payment check on or after the Payment Send Date, we assume no liability for any interest or losses that result if the stop payment is not effected (see our fee schedule for costs associated with stop payment orders). Each account owner agrees to indemnify, defend, hold harmless and reimburse us for all expenses, losses, claims, actions, proceedings and damages we or our agents incur in effecting or attempting to effect a stop payment of a bill payment on or after the Payment Send Date. You are solely responsible for providing notice to your payees of any stop payments.
- Popmoney Transfers. If you are enrolled for Popmoney Transfer service, you can use this Service to send funds from your designated Bank account to an account at another U.S. financial institution or receive transfers to your Bank account from other persons.Account Verification. We may verify your ownership of accounts at another institution from time to time by (a) asking you to provide proof of ownership, (b) engaging in test transfers, and/or (c) accessing your account information at the other institution.If we validate your ownership of accounts through the use of a test transfer, one or more low- value payments will be both credited to and debited from your account with the other institution. The test credit will always occur before the test debit and will always be for the same or a greater amount. Once the test transfer is complete, we will ask you to access your account and tell us the amount of the test credit, debit or any other information reported to us by your bank.
We also may verify your ownership of an account by asking you to provide us with information (e.g., your access code) so that we can access information about your other account through the Service.
You authorize us to act as your agent and attorney-in-fact for the limited purpose of gathering information about your accounts at other financial institutions, communicating with others regarding your instructions, and processing your transfers. You represent to us that: (a) the financial institutions you designate have expressly agreed to (or do not prohibit) those actions by us; (b) you have the authority to grant us the right to conduct those activities; (c) you are authorized to conduct transfers to and from the accounts you designate for the Service; (d) the information you provide to us regarding your accounts at other institutions is accurate and complete; (e) you are an owner and authorized signer on such accounts; and (f) no other person’s authorization is required for us to process your requested transfers.
Other institutions may contact us to verify information about an account or transaction. You agree that we may provide any information needed to verify your instructions or otherwise process a Service transfer.
Not all types of accounts are eligible for the Service. Be sure to check with us and other financial institutions for restrictions regarding transfers among your accounts (e.g., 401k, IRA, savings and money market accounts). We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the provider of your account or those imposed by applicable law.
Shared Secret. If you wish to make a transfer to an account of another person or to receive funds from another person, you or the other person may be asked to create a code word or phrase (a “Shared Secret”) that is known only to the two of you. We recommend that you avoid commonly used words, phrases or dates. In order to complete the transfer, the recipient of the transfer will need to provide the Shared Secret and certain other identifying information. YOU AGREE THAT YOU WILL NOT DISCLOSE THE SHARED SECRET TO ANYONE EXCEPT THE OTHER PERSON TO THE TRANSFER FOR ANY REASON. IF YOU CREATE A SHARED SECRET, YOU AGREE TO INSTRUCT THE PERSON RECEIVING YOUR FUNDS NOT TO DISCLOSE THE SHARED SECRET TO ANYONE ELSE FOR ANY REASON.
If you believe your Password or a Shared Secret has been lost or stolen, or that someone has transferred or could transfer money from your account without your permission, contact us at the address/number set forth in Section 17 or by following the instructions on our website.
Sending Funds. You may transfer funds from your Bank account to an account that you or a recipient (a “Recipient”) maintain with another U.S. financial institution.
There are two ways to send funds to a Recipient. If you know the Recipient’s account information, you can instruct us to send funds directly to that account. If you do not know the Recipient’s account information, you can instruct us to send an email or mobile phone text message for you to the Recipient, advising the Recipient of the pending transaction and asking the Recipient to provide the account and other information we need to complete the transfer. You agree not to impersonate another person or send any messages that are fraudulent or offensive. If the Recipient provides the requested information, we will send funds to the account designated by the Recipient. If the Recipient fails to respond within 10 days or the transfer cannot be made for any other reason, we will notify you and return the funds to your account.
Although we may use any means to execute your instructions (e.g., wire transfer or check), we normally use the automated clearing house (ACH) to transfer funds. We may charge your account as early as the day of your request for the amount of the transfer and credit the funds to
an omnibus clearing account that we maintain with another bank. It then takes 3 or 4 banking days before the funds are deposited to the Recipient’s designated account. With our Next Day Service you can instruct us to make a transfer so that it is received on the next business day for payees who can receive transfers electronically. There is a fee for Next Day Service (see the “Fees” Section below for details).
You may instruct us to send funds to a Recipient up to 365 days in advance. The cutoff time for submitting transfer instructions is 10:00 p.m. (7:00 p.m. for Next Day Service). Instructions received after the cutoff hour or on a non-business day may be processed by us on the next business day. Transactions scheduled to be processed on a weekend or holiday will be processed on the next business day.
Receiving Funds. If another person (a “Sender”) instructs us to transfer funds to your account, you authorize us to deposit the funds to the Bank account you designate for that purpose and represent to us that you are the person intended by the Sender to receive the funds. As with sending funds, you acknowledge that there will be a delay between the time you are notified of a pending transfer and the date funds are deposited to your account.
Declined and Reversed Transactions. We may decline to complete a transfer if: (a) we believe it may involve or result in a violation of law or expose us to liability or risk of loss; (b) the Recipient does not enter a Shared Secret correctly after three attempts; (c) we are unable to authenticate the Sender or intended Recipient; (d) there are insufficient available funds for the transfer; (e) the transfer instruction is unclear, ambiguous or incomplete; (f) we identify a security risk involving the transaction; or (g) as otherwise stated in this Agreement. If a transfer is rejected for any reason, we will notify you and attempt to return the funds to the Sender’s account.
You authorize us to return funds to the account of the Sender if we are advised by the Sender’s financial institution or the company processing Popmoney transactions that the transfer was not authorized by the Sender, was made to your account in error, or that there were insufficient available funds in the Sender’s account for the transaction.
Cancelling and Changing Transfer Instructions. You may cancel or change a transfer instruction by logging on to our online banking service and deleting or changing the instruction from the transfer screen. To do this, you must act before 7:00 p.m. of the business day before the scheduled transfer date. After that you do not have a right to cancel, change, or stop the transfer. Although we may attempt to act on any cancellation or stop request you make (e.g., if it is received in a time and manner which permits us to do so), we assume no responsibility for failing or refusing to do so, even if we could have effected the cancellation or stopped the transaction.
You agree to indemnify, defend and hold us and our agents harmless from any loss, damage, claim, action, and liability that results, and any charges and costs we or our agents incur, in connection with any request by you to cancel or stop a transfer instruction. Note: Transfers cannot be cancelled or stopped from your Mobile Device.
Use of SMS Messaging. Users of the Popmoney Service may receive SMS text messages relating to their transactions, such as notice of payment, alerts for validation, and receipt of a transfer.
You may receive SMS messages related to your transactions from time to time. You authorize Senders and their institutions to send emails and SMS text messages to you in connection with the Sender’s transfer of funds to you at the email address or mobile phone number you provide in connection with the Service. Your carrier’s normal rates and fees, such as text messaging fees,
will apply. To stop receiving SMS messages you can initiate the opt-out process by sending an SMS message. Just text “STOP” to this number: POPMON.
Questions about Popmoney. You can contact us at 1-877-696-2528, or at any time from your mobile phone by sending a text message with the word “HELP” to this number: POPMON.
- Remote Deposit of Checks. You can use the Service to deposit checks to your designated Bank deposit accounts by capturing images of the original paper checks and delivering the digital images and associated deposit information (“images”) to us with your Mobile Device. You agree to complete each remote deposit promptly and to keep your Mobile Device securely in your possession until the deposit has been completed.Eligible Items. You may only use the Service to deposit images of original checks (i.e., drafts drawn on a bank, credit union, or savings and loan that are payable on demand). You may not deposit any of the following without our prior express written consent: (a) checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you also known as third party checks); (b) checks payable to you and another party who is not a joint owner on your Bank account; (c) checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn; (d) checks that are irregular in anyway (e.g., where the numerical and written amounts are different); (e) checks previously converted to a substitute check (i.e., paper checks created from an electronic image); (f) checks previously converted to an image replacement document; (g) checks drawn on a financial institution located outside the United States; (h) remotely created checks or demand drafts (i.e., a check that does not bear the signature of the person who owns the account on which the check is drawn); (i) checks that are not payable in U.S. currency or that are sent from a location outside the U.S.; (j) checks that are postdated or are more than six months old; (k) checks that do not comply with the Bank’s procedures relating to the Service, as specified in the “Requirements” section below; (l) checks involving transactions that violate any federal or state law, rule or regulation; (m) checks payable to “Cash;” (n) checks that have previously been returned unpaid for any reason; (o) registered government warrants or payable-through drafts; (p) checks that exceed any limitation described in this Agreement; (q) checks that are otherwise not acceptable under the terms and conditions of your Bank account agreement: or checks payable to Banc of California. Our processing of any of the checks described above will not obligate us to continue that practice, and we may stop doing so without cause or prior notice.
Eligibility Conditions. Eligibility to enroll in Mobile Deposit is based on pre-established account eligibility criteria set by Banc of California. Banc of California reserves the right to change eligibility criteria for Mobile Deposit at any time. To enroll in Mobile Deposit, please contact our Call Center or your Branch for details.You may use the Service to deposit checks to the following eligible Bank deposit accounts:
(a) Basic Checking; (b) Personal Checking; (c) Interest Checking; (d) Money Market; (e) Tiered Savings; or (f) Preferred Consumer Checking Account.
Requirements. Each image must provide all information on the front and back of the original check at the time of transmission, including the information set forth on the check as presented to
you by the drawer. Your endorsement must include your signature, your account number and the words “For Deposit Only.”
Transaction Limits. Unless we advise you otherwise, you may not use the Service to deposit any one check with a face value greater than $2,500.00 or more than $2,500.00 in checks on any business day. Note: Transactions occurring on a Saturday, Sunday or holiday will be combined with transactions on the next business day for this purpose. We may change these limits from time to time. Unless we advise you otherwise, revised limits will be effective immediately upon notice to you.
Receipt of Deposit. When you send an image, you can confirm whether it has been received by us by checking the “deposit history” tab in your mobile banking application. You can also check the status of the deposit later in the day. If you do not see your deposit under the “deposit history” tab, it may mean that we did not receive your transmission or that there was a problem with some of the information. If check information received by us is not complete and otherwise usable for any reason, we may reject the deposit, notwithstanding any confirmation by us of its receipt, and charge the amount back against any provisional credit to your account.
Following receipt, we may process the image by preparing a paper “substitute check” or clearing the item electronically as an image.
We may refuse any check for deposit, with or without cause, or may elect to take a check on a collection basis only. Please see your account agreement for other terms related to deposits.
Your Responsibility. You are solely responsible if you, intentionally or unintentionally, submit incorrect, duplicate or illegible images to us or if the Service is used by authorized or unauthorized persons to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.
Original Checks. After you receive confirmation that we have successfully received an image, you must securely store the original check for not more than 30 days, at which time you must thoroughly destroy it (e.g., by marking it “VOID” and cutting it into small pieces). At our request, you must provide us with the original check (if it is still in your possession) or a legible copy within five business days. If you fail to do so, we may reverse the amount from your account.
You agree that you will never transfer or re-present the original check once it is processed by us. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid (or any copy or other reproduction of that check).
Funds Availability. If we confirm our receipt of your deposit information on a business day before 3:00 p.m., we will consider that day to be the day of your deposit; otherwise, your check will be considered deposited as of the next business day. We will generally make funds from your check deposits available to you in accordance with the timeframes and in the amounts set forth in your account agreement. If we decide to delay availability for a longer period, we will notify you. If the maker of a check or another third party makes a claim against us or seeks a recredit with respect to any check processed through the Service, we may provisionally freeze or hold aside a like amount in your account pending our investigation and resolution of the claim. We also may charge your account for any check that is returned, whether or not the return is timely or proper. If a check is returned to us for any reason, we may return it to you in the form
of a substitute check. If you decide to redeposit the returned item, you may only redeposit the substitute check in person at one of our branches; you may not deposit the original check without our written approval.
Your Warranties. You make the following warranties and representations to us with respect to each check you deposit through the Service:
• You assume responsibility for any check that is transmitted which for any reason is not paid.
• You are a person entitled to enforce the original check. You have the legal right to accept the check for deposit and negotiation, regardless of the name of the payee shown on the check.
• Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
• The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.
• You will not transfer, deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.
• The original check was authorized by the drawer in the amount and to the payee(s) stated on the original check, as reflected in the image sent to us.
• You have possession of the original check and no party will submit the original check for payment.
• You have not taken any action that would obscure, alter or impair the capture or transmission of information on the front or back of the check or that otherwise may prevent us or another bank from capturing or processing such information.
• You make all warranties that would otherwise apply to the check if it had been a paper item deposited with us. For example, you warrant that the check has not been altered.
• You make all encoding, transfer, presentment and other warranties that we are deemed to provide to others (e.g., as a reconverting bank) under any law, regulation, operating circular, clearing house rule, or image exchange network rule or agreement to which we are a party.
• Once we confirm our receipt of the check, you will not attempt to deposit it again.
• You will only use the Service for lawful purposes and in compliance with our instructions and applicable law.
Service Unavailability. The Service may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and internet software. We may suspend the Service immediately if we believe the security of the Service has been compromised or we question the legality of any transaction. In the event that the Service is unavailable, you may deposit original checks at our branch or through our ATMs.
Notice of Errors and Other Problems. You agree to notify us immediately in writing if you discover: (a) any error or discrepancy between your Service records and the information we provide to you about your remote deposit transactions (e.g., in a statement, confirmation, or electronic report); (b) unauthorized or unreported deposits; (c) a breach in the confidentiality of your Password; or (d) other problems related to the remote deposit service. Unless you notify us within 30 days, the statements, confirmations and reports regarding deposits made through the
Service shall be deemed correct, and you are prohibited from bringing a claim against us for the alleged unauthorized transaction or error.
Limitation of Liability. We will not be liable for any indirect, incidental, special, consequential or exemplary damages. In addition, we will not be responsible for any loss, delay, cost or liability which arises, directly or indirectly, in whole or in part, from: (a) your actions or omissions, or those of third parties which are not within our immediate and reasonable control;
(b) your negligence or breach of any agreement with us; (c) any ambiguity, inaccuracy or omission in any information provided to us; (d) any error, failure or delay in the transmission or delivery of data, records or items due to a transmission error or a breakdown in any computer or communications facility; (e) accidents, strikes, labor disputes, civil unrest, fire, flood, water damage (e.g., from fire suppression systems), or acts of God; (f) causes beyond our reasonable control; (g) limitations placed on transactions by any bank regulatory agency, clearing house or exchange network rules or guidelines; (h) your failure to provide us with complete and correct check images and data in accordance with this Agreement and our Service instructions; (i) our inability to confirm to our satisfaction the authority of any person to act on your behalf; (j) the return of any check by the institution upon which it is drawn; (k) any information that is lost, intercepted or destroyed during its transmission to us; (l) the unavailability of the Service for any reason; or (m) your failure to follow any applicable software manufacturer’s recommendations or our Service instructions. You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with this Service.
Indemnification. You will indemnify, defend, and hold us, our service providers and agents harmless from and against any and all demands, actions, proceedings, liabilities, losses, costs (including attorneys fees), penalties, fines, and claims, including (without limitation) warranty claims, that result from or arise in connection with: (a) your use of this Service or our processing of checks in accordance with this Agreement; (b) your actions or omissions, including your breach of any representation or failure to comply with this Agreement; (c) your failure to comply with applicable state and federal laws and regulations; (d) actions by third parties, such as the introduction of a virus, that delay, alter or corrupt the transmission of images to us; or (e) any claim by a recipient of a substitute check corresponding to a check processed through this Service, that the recipient incurred a loss due to (i) the receipt of a substitute check instead of the original check, or (ii) multiple payments with respect to the same original check, based on any combination of the original check, the substitute check and/or any paper or electronic copy of either. This section shall survive the termination of this Agreement.
- No Warranties. THE SERVICE IS MADE AVAILABLE ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR VENDORS PROVIDE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THIS SERVICE. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. NEITHER WE NOR OUR VENDORS ASSUME ANY LIABILITY FOR THE UNAVAILABILITY OF THE SERVICE. THIS PROVISION SHALL NOT BE DEEMED TO LIMIT OUR OBLIGATIONS AS OTHERWISE SET FORTH IN THIS AGREEMENT.
- Hours of Operation. You can access account information through the Service 7 days a week, 24 hours a day (See Section 4). There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.
- Discrepancies. We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.
- Business Days. Our business days are Monday through Friday, excluding holidays.
- Documentation. We will send or make available to you a monthly deposit account statement unless there are no electronic fund transfers in a particular month. In any case, you will receive or have electronic access to a statement at least quarterly.
- Fees. You agree to pay us the fees we establish from time to time for the Service. You also agree to pay all taxes, tariffs and assessments levied or imposed by any government agency in connection with the Service and this Agreement (excluding any income tax payable by us). You are solely responsible for the cost of any connection fees, data charges and other charges payable to third parties.
Our fees for this Service are as follows: Bill Payment
– Standard Transactions – No Charge
– Same Day Service – $9.95 per transaction
– Overnight Service – $14.95 per transaction Popmoney
– Send Money
• Standard Transactions:
Transfer amount $5.00-$249.99 – $0.50 per transfer Transfer amount $250.-$999.99 – $0.60 per transfer Transfer amount $1,000 and above – $1.35 per transfer
• Next Day Service:
Transfer amount $5.00-$249.99 – $0.60 per transfer Transfer amount $250.-$999.99 – $0.75 per transfer Transfer amount $1,000 and above – $1.75 per transfer
Transfer amount $5.00-$249.99 – $0.50 per transfer Transfer amount $250.-$999.99 – $0.60 per transfer Transfer amount $1,000 and above – $1.35 per transfer
– Excess Transactions: $15 per excess transactionPlease see our Schedule of Fees for other fees that could affect your accounts.
- Account Limitations. We reserve the right to limit the frequency and dollar amount of transfers and payments for security reasons. Payments and transfers may only be made to and from account in the United States, and only in U.S. dollars. You agree to not initiate Bill Payments in excess of $50,000 per transaction or that total more than $50,000 on any one business day. Unless we advise you otherwise on our Popmoney website, Popmoney transactions are limited to the following amounts: (a) for standard transfers $1,000 per transaction, $1,000 per day, and $2,000 during any rolling 30-day period; and (b) for Next Day transfers $100 per transaction, $100 per day, and $400 during any rolling 30-day period. We may increase or decrease these limits at any time. To find out your current limits, go to the Popmoney section of our website and click the question mark next to the “Amount” box. The number of Popmoney transfers you may make is limited to 15 transfers per day and 30 transfers during any rolling 30- day period. The minimum transaction amount for all Popmoney transfers is $5. We may permit you to exceed limits described in this Section from time to time at our sole discretion, but may cease doing so at any time and without prior notice. We also may deny or limit transactions for security reasons.Payments and transfers from savings accounts and money market deposit accounts are limited by law and your account agreement with us. You may only make up to 6 withdrawals and/or transfers each month by check (for accounts with check privileges), preauthorized or automatic transfer (e.g., automatic payments to an insurance company), draft, point-of-sale debit card, telephone and/or online banking. We may refuse to permit a Service transaction at any time and without prior notice if we believe it may violate applicable law. See our account agreement and the “Fees” Section above for further details.
- How to Notify Us of a Problem. If you have a question about a Service transaction, believe your Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call or write to your branch of account (the phone number and address are shown on your statement). You can also call us at 1-877-770- 2262 or write to us at Banc of California, NA, Attn: Mobile Banking Support, 3 MacArthur Place Santa Ana, CA 92707
- Your Responsibility. Tell us AT ONCE if you believe your Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days, you can lose no more than $50 if someone used your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove that we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. 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 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
1. 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.
- Our Responsibility. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for example, if: (a) we process your payment or transfer in a timely manner, but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer or payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses, computer breakdowns or telecommunication problems) or rolling blackouts prevent the transaction, despite reasonable precautions that we have taken; (g) you do not authorize a bill payment early enough for your payment to be made and properly credited by the payee by the time it is due; (h) a transfer or payment could not be completed due to the system’s unavailability; or (i) you fail to follow our on-screen instructions properly. There may be other exceptions stated in our agreement(s) with you.
- In Case of Errors or Questions about Your Transfers. Call us at 1-877-770-2262 or write to us at Banc of California, NA, Attn: Mobile Banking Support, 3 MacArthur Place Santa Ana, CA 92707 as soon as you can 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. You must:
(a) tell us your name and account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.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, we may take up to 90 days to investigate your complaint or question, and up to 20 business days to credit your account for the amount you think is in error.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.
- Business and Other Non-personal Accounts. Our obligations set forth in Sections 19 and 20, and the limitations on customer liability set forth in Section 18 and in periodic statements, do not apply in the case of business or other non-personal accounts. The owners of those accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of discovery or their receipt or the availability of the first statement or notice reflecting
1. the problem, whichever occurs first). Under no circumstances will we be liable for any special or consequential damages involving such accounts. We may process any instruction we receive through the Service that we believe is given by any of you if the instruction is accompanied by your Password, and you will be obligated for the transfer or payment, even if the instruction is not transmitted or authorized by you.
- Ownership and License. You agree that the Bank and/or its service providers retain all ownership and proprietary rights in the Service, associated content, technology and website(s). You agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology used to provide the Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service.
- Use of SMS Messaging. You may receive SMS text messages relating to your account and transactions from time to time. You authorize us to send emails and SMS text messages to you in connection with your accounts and transactions at the email address or mobile phone number you provide to us. Your carrier’s normal rates and fees, such as text messaging fees, will apply. To stop receiving SMS messages you can initiate the opt-out process by sending an SMS message that says “STOP” to this number: 99588.Alerts that we send to you are not intended to replace your account statements or other communications and may be delayed or prevented by factors affecting your Mobile Device manufacturer, internet service provider or carrier. We assume no liability for losses or damages arising from the non-delivery, delayed delivery, or mis-delivery of alerts. Information available through our website may not be available through your Mobile Device, may be described with different terminology, and may be more current than information available through your Mobile Device.
- Limitation on Time to Sue. Any action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.
- Indemnification. Except as otherwise set forth in this Agreement, each account owner agrees to indemnify, defend and hold us harmless from all claims, actions, proceedings, fines, costs and expenses (including, without limitation, attorney fees) related to or arising out of: (a) your actions and omissions in connection with your accounts or our Service, or (b) our actions and omissions, provided that they are taken/omitted in accordance with this Agreement or your instructions. This provision shall survive the termination of this Agreement.
- Other Terms and Conditions. Please see your account agreement, online banking agreement, and consent to electronic communications for other terms that apply to your account and this Agreement, such as dispute resolution, governing law, returned checks, notices, compliance, severability, assignment, and waivers.
- Changes. We may add to, amend or remove any terms of this Agreement and/or any aspect of the Service from time to time. We may notify you of any material change in writing, by e-mail, text message, or on our website(s). You also may be prompted to accept or reject any material change to this Agreement the next time you use the Service after we have made the change. Your acceptance of the revised terms and conditions and/or your continued use of the Service will indicate your consent to be bound by the revised Agreement. Further, we reserve the right, in our sole discretion, to modify, add to or remove any aspects of the Service.
1. 28. Assistance. If you have any problems with the Service, call us at 1-877-770-2262.
- Termination. We may terminate your use of the Service at any time, with or without cause. We may suspend or terminate the Service without prior notice to you if: you breach any agreement with us; we believe there has been or may be a breach in the security of the Service or unauthorized activity involving your account; or we are uncertain regarding the authorization, completeness, or accuracy of images sent to us. Any termination will not affect obligations arising prior to termination, such as the obligation to process images transmitted to us prior to the termination date or your obligation to indemnify us.By checking the “I accept these Terms and Conditions” box below and pressing “Continue”, you:
• represent to us that the Mobile Device you intend to use in connection with Service meets the requirements of this Agreement;
• represent that you have read this Agreement and understand its terms; and
• agree to the terms of this Agreement.