OJAI COMMUNITY BANK ONLINE BANKING AGREEMENT
AND ELECTRONIC FUNDS TRANSFER ACT DISCLOSURE STATEMENT
Please read this Agreement and Disclosure Statement. You may also
print a copy to retain for your reference. If you agree to the
following terms and conditions, click on the "I Accept" button at
the end of this document. If you do not accept the terms and
conditions or if you wish to return to the home page of Ojai
Community Bank, click on the "I Decline" button at the end of the
document.
2. HOW TO REACH US
Business Days
Contact Us
3. KEEPING YOUR ACCOUNT CONFIDENTIAL
Password and Access ID Protection
System Lock Out
Lost or Stolen Password or Access ID
Personal Information Protection
Examine Your Statement
4. ELECTRONIC BANKING DISCLOSURE
Account Access
Limitations on funds Transfer from Money Market Checking and/or Savings
Accounts
Disclosure of Information to Third Parties
Documentation
How to stop a Preauthorized Payment
Account to Account Transfer
Our Liability for Failure to Make Transfers
Ojai Community Bank's Responsibility
In Case of Errors or Questions about Your Electronic Transfers (Applies
only to Consumer /Personal Accounts)
Liability for Unauthorized Use (Applies only to Consumer/Personal
Accounts)
5. PROVISIONS APPLICABLE TO BUSINESSES
6. OFFICE OF FOREIGN ASSET CONTROL
7. FEES AND CHARGES
Ojai Community Bank-Online Banking
8. OTHER GENERAL TERMS
Other Agreements
Severability
Modifications to This Agreement
Rights to Terminate Agreement
Inactive Status
Governing Law
Ojai Community Bank Liability
1. INTRODUCTION
This Agreement and Disclosure Statement (Agreement) for accessing your
Ojai Community Bank Accounts via Online Banking, is provided for your
information and acceptance. Please read it carefully as it pertains to
your accounts and the electronic services we offer.
If you access the Services by use of a personal computer, you agree:
(1) to use a commercially available Internet Browser at the recommended
version or above, with at least 128-bit encryption; (2) the Software and
any future upgrades, must be downloaded and operational on your personal
computer and you must use a modem or network to access the Services the
through the designated interface equipment and Software; and (3) as this
service becomes available, to receive account information by electronic
transmission of a visual display of the text. Any other software used by
you in the future to access our system, if supported by us, will be
provided and maintained by you at your expense.
For the purposes of this Agreement the following definitions apply. The
terms "We", "Us", "Our", and "Bank" refer to Ojai Community Bank; "You"
and "Your" refers to both consumer and business account owners; Online
Banking is the Internet-based service providing access to your
account(s); Time of day references are to U.S. Pacific Standard Time;
Business days are Mondays through Friday, excluding holidays.
Please carefully read the Agreement below. This agreement includes your
rights and obligations as a user of or Online Banking Service. It also
describes the rights and obligations of Ojai Community Bank. By pressing
the, "I Agree" button below, you agree to comply with the terms and
conditions of this Agreement
The first time you access your account(s) through Online Banking you
will need to confirm your agreement to abide by the terms and conditions
of this Agreement and acknowledge your receipt and understanding of this
disclosure by pressing the, "I Agree" button. We may change the terms or
amend this Agreement from time to time without notice or as otherwise
provided by law. Each time you use our Services or you permit any other
person to use our Services, you are agreeing to the terms and conditions
that we have set out in this agreement, as amended, and each amendment
thereto from time to time by us.
Online Banking can be used to access certain Bank accounts. Each of your
accounts at Ojai Community Bank is also governed by the applicable
account disclosure statement in your Terms and Conditions of Your
Account Disclosure and the Schedule of Charges and Fees, (prior receipt
of which you acknowledge.) This Online Agreement does not replace the
disclosures received at time of opening deposit accounts with Ojai
Community Bank.
This Agreement will be governed by, and interpreted in accordance with
federal law and regulations and to the extent that there is no
applicable federal law or regulations, by the laws of the State of
California. To the extent permitted by applicable law, you agree that
any legal action regarding this Agreement shall be brought in the county
in which the Bank is located.
2. HOW TO REACH US
Business Days
Our normal business days and hours are Monday through Thursday, 9:00
A.M. to 4:30 P.M., and Friday from 9:00 A.M. until 6 P.M., excluding
federal holidays.
Contact Us
You may visit our branch office during normal business hours or
telephone us at (805) 646-9909. A voice mail system is available during
non-normal business hours. You may also write to us at:
Ojai Community Bank
P. O. Box 1568
Ojai, CA 93024
3. KEEPING YOUR ACCOUNT CONFIDENTIAL
Password and Access ID Protection
For security purposes, you are required to change your Access ID and
Password upon your initial login to Online Banking. You determine what
Access ID and Password you will use and the identity of your password is
not communicated to us. For your protection, we recommend that you
frequently change your personal password used to access Online Banking.
(You can change your password under the Change Password button.) You
agree to hold your Password and Access ID in strict confidence and you
will notify us immediately if your Password and/or Access ID is lost or
stolen. As a precaution, it is recommended that you memorize your
Password and Access ID and do not write either down. Passwords should
not be easy to guess; for example, your children's or pet's names, birth
dates, addresses or other easily recognized identifications related to
you. It is also recommended you do not have your browser automatically
remember your password. The Access ID must contain at least 6 characters
while your Password is required to be between 8 and 17 characters. Your
Password must contain at least one numeric character and one alpha
character. Both your Access ID and Password are case sensitive.
You further agree not to allow anyone to gain access to Online Banking
or to let anyone know your Password used with the service. You agree to
assume responsibility for all transactions up to the limits allowed by
applicable law. Ojai Community Bank will not be responsible for any loss
due to breach in the above security procedures.
System Lock Out
To guard against unauthorized use of your Access ID and Password, Online
Banking disables the password indefinitely on the third unsuccessful
attempt to log in. You will need to call the Bank at (805) 646-9909 to
reestablish the password for your account(s).
Lost or Stolen Password or Access ID
Contact Ojai Community Bank AT ONCE if you believe your Password, Access
ID, Telephone Banking Password, ATM/POS Card, VISA Check Card, or
Personal Identification Number (PIN) has been lost or stolen or if you
have identified any unauthorized Electronic Funds Transactions (EFT) on
your current statement viewed on-line or your monthly printed statement.
Telephoning us IMMEDIATELY at (805) 646-9909 is the best way of
minimizing your potential losses. You may also write to us to report the
problem at:
Ojai Community Bank
P. O. Box 1568
Ojai, CA 93024
Personal Information Protection
In addition to protecting your Password, Access ID, and account
information, you should also protect your personal identification
information, such as your Driver's license, Social Security Number, etc.
This information, alone or together with information about your account,
may allow unauthorized access to your account. It is your responsibility
to protect your personal information with the same level of care that
you protect your account information.
Examine Your Statement
You must promptly review your statement upon receipt. See In Case of
Errors or Questions About Your Electronic Transfers for further
information.
4. ELECTRONIC BANKING DISCLOSURE
Account Access
Online Banking is an Internet-enabled service provided to our customers.
By using Online Banking with your personal Password and Access ID, you
can:
- Make account inquiries
- Check account balances
- Transfer between your savings, checking and money market account
- Access your current account statement(s)
- Download account history into personal financial management software, such as Quicken and Microsoft Money
- View your paid checks
Available services may be added or cancelled at any time. We will
update this Agreement to notify you of the existence of new services. By
using these services when they become available, you agree to be bound
by the rules contained in this Agreement.
You can use Online Banking seven days a week, 24 hours a day. However,
from time to time, some or all of our Online Banking Services may not be
available due to system maintenance. During such times you may visit or
call the branch at (805) 646-9909.
Limitations on Funds Transfers From Money Market Checking and/or
Savings Accounts
Pursuant to federal regulations, you are limited to the number of
certain transactions you can make on your Savings and/or Money Market
Checking Accounts.
For Savings Accounts you may make no more than six (6) transfers to
another account or to a third party by pre-authorized transfer, online
transfer, telephone transfer, fax request, or ACH (Automated Clearing
House-electronic transaction) per month.
For Money Market Checking Accounts, you may make no more than six (6)
transfers to another account or to a third party by pre-authorized
transfer, online transfer, automatic transfer, point of sale (POS),
telephone transfer, fax request, voice response request, and ACH
(Automated Clearing House-electronic transaction), of which only three
(3) may be checks, per statement cycle.
Online transfers are transactions between accounts initiated through
Online Banking. Telephone transfers are transfers between accounts
initiated by a personal telephone call or by using our TeleBank service.
Pre-authorized withdrawals are transfers made according to a specific
agreement between a customer and us or another party. (Examples of
preauthorized withdrawals are regular electronic payments from savings
made to a third party, such as health clubs, insurance companies, etc.)
Check access refers to any checks you write on your Money Market
account.
Disclosure of Information to Third Parties
We will disclose information to third parties about your account or the
transfers you make:
- Where it is necessary for completing a transaction requested by you.
- In order to verify existence and condition of your account(s), such as for a retail merchant or credit reporting agency.
- In order to comply with government agencies or court orders.
- If you give us written permission
We may disclose information about your account to account
verification services, such as ChexSystems Inc, if we close your account
due to unsatisfactory handling, fraud or attempted fraud or criminal
activity. Information we report usually includes your name, address,
Taxpayer Identification Number (TIN), driver's license number and the
date and reason the account was closed. The account verification service
may supply this information to others. This may adversely impact your
ability to establish an account at another financial institution for up
to five years from the date of our report.
Information concerning your account history with Ojai Community Bank
will not be disclosed to anyone, except as permitted by law. For an
example of information that may be disclosed as permitted by law, we may
disclose nonpublic information about you to others to assist us in
servicing your loan or account with us, to government entities in
response to subpoenas and to credit bureaus.
Servicing Arrangements
We may disclose information about you to companies who work with us to
provide services to you such as check printing and Online Banking.
Documentation
You will continue to receive your regular account statement. Accounts
containing Online transactions will receive a monthly statement, even if
the normal statement cycle is quarterly, for the month during which the
Online transaction was conducted. This change to a monthly cycle is made
in order for the Bank to comply with Federal Regulations.
If you have arranged to have direct deposits made to your account, you
can review your account history using Online Banking or call us at (805)
646-9909 during regular business hours.
Preauthorized Payments
If you have told us in advance to make regular payments (preauthorized
payments) out of your account you can stop any of these payments. Here's
how:
Call us at (805) 646-9909 during regular business hours or write to us
at:
Ojai Community Bank
P. O. Box 1568
Ojai, CA 93024
We must receive your stop payment request three (3) business days or
more before the payment is scheduled to be made. If you make a call, we
may also require you to put your request in writing and get it to us
within fourteen (14) days after you call.
Account-to-Account Transfers
If you have established two or more deposit accounts with Ojai Community
Bank and use the Online transfer feature provided as a convenience to
you, it is believed to be in good faith by an authorized person.
A transfer made in a session that ends before 5:00 PM from any eligible
account shall post to your account the same business day and shall be
available for withdrawal from the account into which the transfer is
made as of the next day. Sessions ending after 5:00 P.M. on a business
day, Saturday, Sunday or banking holiday, will be posted on the next
business day.
Our Liability for Failure to Make Transfer
Ojai Community Bank agrees to make reasonable efforts to ensure full
performance of Online Banking. Ojai Community Bank will be responsible
for acting only on those instructions sent through Online Banking, which
are actually received in a condition that allows downloading and ability
to read, and cannot assume responsibility for malfunctions in
communication facilities not under our control, which may affect the
accuracy or timeliness of messages you send. Ojai Community Bank is not
responsible for any losses incurred should you give incorrect
instructions, or if your transfer instructions are not given
sufficiently in advance to allow for timely processing.
Any Information you receive from Ojai Community Bank or other
information providers is believed to be reliable. However, it can only
be provided on a best-efforts basis for your convenience and is not
guaranteed. Ojai Community Bank is not liable for any deficiencies in
the accuracy, completeness, availability, or timeliness of such
information, or for any investment or other decision made using this
information.
Neither Ojai Community Bank nor other information providers are
responsible for any computer virus or related problems, which may be
attributable to services provided by your Internet access provider.
You are responsible for obtaining, installing, maintaining, and
operating all computer hardware and software necessary for performing
Online Banking. Ojai Community Bank will not be responsible for any
errors or failures from the malfunction or failure of your hardware or
software.
Except as otherwise provided in the Ojai Community Bank's Responsibility
section below, and in the absence of negligence on the part of Ojai
Community Bank, Ojai Community Bank, is not responsible for any direct,
indirect, special, incidental, or consequential damages arising in any
way out of the use of Online Banking.
Ojai Community Bank's Responsibility
Ojai Community Bank will be responsible for your actual losses if they
were directly caused by our failure to:
- Complete an Electronic Funds Transfer as properly requested.
- Cancel an Electronic Funds Transfer as properly requested.
- This list shall not be considered as exhaustive of instances of our limited liability. There may be other exceptions to our liability as stated in you other agreements with us.
However, we will not be responsible for your losses if:
- Through no fault of Ojai Community Bank, you do not have enough money in your account to make the transfer.
- Through no fault of Ojai Community Bank, the transaction would have caused you to exceed your available credit.
- If circumstances beyond our control or our Agent's control prevent making a transfer or payment, despite reasonable precautions that we have taken, such circumstances include, but are not limited to, computer failure, telecommunication outages, postal strikes, and other labor unrest, delays caused by payees, fires, floods, other natural disasters; or any electronic terminal, telecommunication device or any part of the electronic fund transfer system in not working properly.
- There is a hold on your account, or if access to your account is blocked in accordance with banking policy.
- Your funds are subject to legal process or other encumbrance restricting the transfer.
- You or we have terminated your Internet Banking service or
closed the account.
If you, or anyone you allow, commits any fraud or violates any law or regulation. - You have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
- We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
- We believe 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 or any other agreement with us, or if we or you terminate this Agreement.
In Case of Errors or Questions About Your Electronic Transfers
(Consumer/Personal Accounts Only)
In case of errors or questions about your Electronic Transfer, or if you
think your statement or receipt is wrong or if you need more information
about an Electronic Transfer listed on your account statement or
receipt, contact us as soon as you can by telephoning us at (805)
646-9909 or by writing to us at:
Ojai Community Bank
P. O. Box 1568
Ojai, CA 93024
We must hear from you no later than sixty (60) days after we have sent the FIRST statement on which the problem or error appeared. We will need you to provide to Ojai Community Bank the following information.
- Your name and your account number.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint
or question in writing within ten (10) business days
We will determine whether an error occurred within ten (10) business
days (five (5) business days if involving a Visa transaction or twenty
(20) business days if the transfer involved a new account) after we hear
from you and will correct any error promptly. If we need more time,
however, we may take up to forty-five (45) days (ninety (90) days if the
transfer involved a new account, a point-of-sale transaction, or a
foreign-initiated transfer) to investigate your complaint or question.
If we decide to do this, we will credit your account within ten (10)
business days (five (5) business days if involving a Visa transaction or
twenty (20) business days if the transfer involved a new account) 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 ten (10) business days, we may not credit your
account.
An account is considered a new account for thirty (30) days after the
first deposit is made, if you are a new customer.
We will tell you the results within three (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.
Liability for Unauthorized Use (Consumers/Personal Accounts Only)
You Agree to tell us at once if you believe that your Password and/or
Access ID (including ATM/POS card, Telephone Banking, Debit card or
PIN), has been lost or stolen or discovered by an unauthorized person.
Telephoning us is the best way of keeping your possible losses down. You
could lose all of the money in your account (plus your maximum Ready
Reserve line of credit). If you believe that that your Password and/or
Access ID (including ATM/POS card, Debit card or PIN), has been lost or
stolen or discovered by an unauthorized person and you notify us within
two (2) business days of the loss or theft, you can lose no more than
$50 if someone used your card and/or codes without your permission. If
you do NOT tell us within two (2) business days after you learn of the
loss or theft of your Password and/or Access ID, ATM/POS card Debit card
or PIN, and we can prove that we could have stopped someone from using
the card and/or codes 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, You Agree
to tell us at once. If you do not tell us within sixty (60) days after
the statement was mailed to you, you may not get back any money you lost
after the sixty (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 hospital stay) kept you from telling us,
we will extend the time period.
You Agree to be responsible for all transactions if you authorize
someone else to use your Password, Access ID, or PIN, which that person
initiates at any time, even if the amount of the transaction or number
of transactions exceeds what you authorize. You Agree to indemnify us
and hold us harmless from and against any and all liability (including
but not limited to reasonable attorney fees) arising from such claims or
actions.
5. PROVISIONS APPLICABLE TO BUSINESSES
Business accounts utilizing the Online Banking Services agree to keep
all Password and Access ID's confidential and safeguarded, and only
authorized account signers are to access the Business account(s) through
Online Banking. In addition to authorized signers, the Business may
designate other persons to access the Business account(s) through Online
Banking by signing an Authorization Amendment for Business Access to
Online Banking. The Business agrees and represents that these persons
will abide by the Online Banking Agreement, including keeping the
Password and Access ID confidential and reporting to an authorized
signer and the Bank if they suspect someone has obtained their Password
and/or Access ID. The Business also agrees to establish policies and
procedures to prevent disclosure of any security code to any
unauthorized personnel.
The Business Agrees to promptly report to the Bank the dismissal or
termination of any employee who has received or become aware of any
security code to access Online Banking.
THE BANK WILL HAVE NO LIABILITY TO THE BUSINESS OR ANY OTHER PERSON (S)
FOR ANY UNAUTHORIZED ACCESS MADE USING YOUR PASSWORD BEFORE YOU HAVE
NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE
OPPORTUNITY TO ACT ON THAT NOTICE
By using Online Banking, you acknowledge and agree that this Agreement
sets forth security procedures for electronic banking transactions,
which are commercially reasonable. You agree to be bound by your
instructions, which we implement in compliance with these procedures,
unless you have given us prior notice of possible unauthorized use as
described above (and we had a reasonable opportunity to act on such
notice).
6. OFFICE OF FOREIGN ASSET CONTROL
Under the Bank Secrecy Act, the Bank is prohibited from transacting
business with persons or entities listed as "blocked" by the Office of
Foreign Assets Control (OFAC). The official listing is published in the
Federal Register and updated from time to time. You agree not to
transact business with persons or entities blocked by OFAC.
7. FEES AND CHARGES
Online Banking
There are no fees or charges for accessing your account through Online
Banking. Other fees, as described in your Schedule of Charges and Fees
(prior receipt of which you acknowledge), may apply to services you
order online.
8. OTHER GENERAL TERMS
Other Agreements
In addition to this Agreement, you agree to be bound by and will comply
with all terms and conditions applicable to each of your accounts with
Ojai Community Bank, as described in your Terms and Conditions of Your
Account Disclosure and the Schedule of Charges and Fees (prior receipt
of which you acknowledge. You Agree that your use of the Online Banking
is your acknowledgement that you have received these agreements and
intend to be bound by them.
Severability
In the event that any portion of this Agreement is held by a court to be
invalid or unenforceable for any reason, the remainder of this Agreement
shall not be invalid or unenforceable and will continue in full force
and effect. All headings are intended for reference only and are not to
be construed as part of the Agreement.
Modifications to This Agreement
Ojai Community Bank may modify the terms and conditions applicable to
Online Banking from the time to time upon mailing or delivering a notice
of the modifications to you at the address shown on your account
records, and the revised terms and conditions shall be effective at the
earliest date allowed by applicable law.
Right to Terminate Agreement
Ojai Community Bank reserves the right to terminate this Agreement and
your access to Online Banking in whole or in part, with or without
notice, at any time.
Inactivity Status
If you do not access Online Baking during any consecutive sixty (60) day
period your password will convert to an inactive status. If your
password becomes inactive, you must contact us to have the password
re-activated before you will be able to access Online Banking or
schedule any transaction.
This Agreement will remain in effect until it is terminated by you or
by Ojai Community Bank.
You understand that you may cancel this Agreement at any time by
notifying Ojai Community Bank electronically or by mail at the address
provided below. This will cancel Online Banking, but will not terminate
your accounts with Ojai Community Bank.
You may notify Ojai Community Bank by one of the following methods:
- By calling (805) 646-9909 during our normal business hours.
- By writing a letter and delivering it to our branch office.
- By writing a letter and mailing it to the following address:
Ojai Community Bank
P. O. Box 1568
Ojai, CA 93024
Governing Law
This agreement is governed by the laws of the State of California, bank
regulations and applicable federal law.
Ojai Community Bank Liability
Except as specifically provided in this Agreement or where the law
requires a different standard, you agree that neither we, Ojai Community
Bank, nor the third party service providers shall be responsible for any
loss, property damage or bodily injury, whether caused by the equipment,
software, Ojai Community Bank, or by Internet browser providers such as
Netscape (Netscape Navigator browser) and Microsoft (Microsoft Explorer
browser), or by Internet access providers or by online service providers
or by an agent or subcontractor of any of the foregoing. Nor shall we or
the service providers be responsible for an direct, indirect, special,
or consequential economic or other damages arising in any way out of the
installation, download, use, or maintenance of the equipment, software,
Online Banking, or Internet browser or access software.
We invite you to print a copy of this Online Banking Agreement And
Electronic Funds Transfer Act Disclosure Statement and retain it for
your records. You may also request a copy of this Agreement be mailed to
you. To do so, call us at (805) 646-9909 during business hours or write
to us at: Ojai Community Bank, P. O. Box 1568, Ojai, CA 93024.
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Copyright © 2005, Ojai Community Bank 