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Online Banking Agreement
Terms and Conditions This Online Banking Agreement ("Agreement") for accessing Gateway Business Bank's Online Banking Services is provided to you for your information. Please read it carefully as it pertains to your accounts and the electronic services we offer. For purposes of this Agreement, the following definitions apply. The terms "we," "us," "our," and "Bank" (and similar terms) refer to Gateway Business Bank; "you" and "your" (and similar terms) refer to you, the account holder, and to anyone you authorize to use the Online Banking Services described below. All references to time of day in this Agreement refer to U.S. Pacific Standard Time. You agree to use our Online Banking Services for consumer transactions only. A "consumer transaction" means the use of our Online Banking Services to electronically transfer funds to or from a consumer account. A "consumer account" is an account of yours that is established primarily for personal, family or household purposes. A "non-consumer transaction" means the use of the Online Banking Services for any purpose that is not a consumer transaction (for example, to transfer funds to or from a business account or any account that is not a consumer account) and in addition includes (to the extent allowed by law): (i) any transfer of funds through Fedwire or a similar wire transfer system; (ii) any transfer of funds the primary purpose of which is the purchase or sale of a security or commodity; and (iii) any other use of the Online Banking Services if the use is not covered by the Electronic Fund Transfer Act and its implementing Regulation E. If you use the Services for a non-consumer transaction, some of the terms and conditions of this Agreement will not apply, as shown below. By accessing Gateway Business Bank’s Online Banking Service, you agree to the terms and conditions of this Agreement and acknowledge your receipt and understanding of this disclosure. We may change the terms or amend this Agreement from time to time without notice or as otherwise provided by law. Our Online Banking Services can be used to access certain Gateway Business Bank accounts. Each of your accounts is governed by the applicable account disclosure statement previously supplied to you, as amended from time to time, except as modified by this Agreement. This Agreement will be governed by, and interpreted in accordance with, federal law and regulation and, to the extent that there is no applicable federal law or regulations, by the laws of the State of California, excluding choice-of-law rules. To the extent permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought and venue will be in the county in which the Bank is located. We invite you to print a copy of this Agreement 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 (562) 403-6969 during normal business hours. Business DaysFor purposes of these disclosures, our business days are Monday through Friday. Holidays are not included. Services Available Our Online Banking Service provides you with the convenience of having access to your accounts 24 hours a day, 7 days a week at your home or office. You can:
*Note: the ownership of the two accounts, and the signing authority on the accounts, must be the same Access and Hardware RequirementIn order to access your accounts through Online Banking, you must have a Gateway Business Bank deposit account. Customer will arrange and be responsible for Internet service necessary to utilize the Service. Customer will be responsible for acquiring, maintaining and operating all computer equipment, which includes hardware, software and communications at its premises. Computer requirements are as follows:
Internet Security RisksInformation transmitted over the Internet may be subject to the risk of unauthorized access, alteration or modification. You agree to exercise discretion and secure your password when accessing the Service. Sending e-mail through our Home Page is one way to communicate with us. We have provided e-mail links for you to ask questions or give comments regarding our Home Page or Online Banking. If you send the Bank an electronic mail message, Gateway Business Bank will be deemed to have received it on the following business day. Gateway Business Bank will have a reasonable time to act on your e-mail. E-mail is not a secured environment. Do not send account information or transaction information via e-mail. You should not send an electronic mail message if you need to communicate with Gateway Business Bank immediately. Do not use e-mail to send us banking instructions or to request Services provided by Online Banking. Password and Access ID Protection 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 (i.e. your children's or pet's names, birth dates, addresses or other easily recognized identifications related to you). We also recommend you do not have your browser remember your Password. You further agree not to allow anyone to gain access to our Online Banking Services or to let anyone know your Password used with the Online Banking Services. You agree to assume responsibility for all transactions up to the limits allowed by applicable law, and that we are responsible only to the extent required by law. Three Strikes and You Are Out To guard against unauthorized use of your Access ID and Password, Online Banking will disable your Password indefinitely after the third unsuccessful log-on attempt. To reestablish the Password for your account(s), please contact us at (562) 403-6969. Dormant Use If you do not use your personal Password and Access ID to access the Online Banking Services to perform one of the services described in "Account Access" below at least once in a six (6)-month period, then we will deactivate your Online Banking Services. If this happens, you will be required to reapply for Online Banking Services. 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 on 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. You Are Responsible For Communications In Your Name Tell us at once if you believe there have been unauthorized transactions on your account, or that your Password or Access ID may have been lost or stolen. We may act on and you are responsible for all electronic instructions we receive in your name if we verify the authenticity of the instruction using the security procedure of a Password and Access ID. To the extent allowed by law, you are responsible for any transfer or payment that was initiated by a person who you furnished your Password and/or Access ID, unless you have notified us that the person is no longer authorized. Examine Your Statement You must promptly review your statement upon receipt. For further information, please review the "Error Resolution" information contained on the Electronic Fund Transfer Agreement and Disclosure-Consumer. Hours of Accessibility You can use Online Banking 7 days a week, 24 hours a day (subject to normal maintenance or other down time). From time to time, some or all of Online Banking Services may not be available due to system maintenance. During such times, you may use 24-Hour telephone banking service at (888) 226-5804 or (818) 725-4175 or otherwise visit one of our branches. Transfers and Limitations Available services may be added or cancelled at any time. We may limit your ability to use a service at any time or from time to time, with or without cause. We may impose such limits, or terminate a service, without terminating your account with us. 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 agree to use the services in compliance with applicable laws, rules and regulations, including the sanctions laws administered by the Office of Foreign Asset Controls. Accounts that require two or more signatures are not eligible to be linked for Gateway Business Bank Online Banking Services, and we may prohibit use of our Online Banking Services on accounts that require two or more signatures or that contains other restrictions (at our option). In addition to those limitations for Online Banking transfers elsewhere described, there are frequency limits that apply when transferring funds from a savings or a money market account. You may make a maximum combined total of six (6) transfers or withdrawals per statement cycle, to include (a) transfers to another account of yours at the Bank; (b) transfers via telephone (including data transmission); (c) transfers via Online Banking (including Bill Pay); (d) pre-authorized transfers and withdrawals from you account (including automatic and wire transfers); (e) checks, drafts, ATM or Debit card or similar order made by you and payable to third parties. If you exceed these limits, we may close the account, impose a fee and/or change the account to a non-interest bearing demand deposit account. If you have been approved for Bill Pay services, you may make bill payments up to the available account balance in the affected account, but no more than $9,999.99 on any one (1) business day for all accounts and all bill payments. We may at any time impose additional or more restrictive dollar limitations on transfer and payments using the services. Transfers and payment requests must be received by us before 3:00 p.m. on a business day to be processed on the same business day. Bill Pay cut-off hours are 12:00 a.m. “midnight”, subject to some restrictions (see "Bill Pay Terms and Conditions," below). Transfer and payment requests received by us after 3:00 p.m. or the Bill Pay cut-off hour, or on a non-business day, will be processed the next business day. Any transfer or payment request or other communication is deemed "received" by us only when it is actually received by us and in a format specified by us. There may be a delay between the time you send and the time we receive data, and the time we receive will control our obligations. Right To Stop Payments and Procedure For Doing So If you have told us in advance to make regular payments out of your account, you can stop any of these preauthorized payments. (Note: for information regarding your ability to stop payment on a check, see below). You can use the Online Banking Services to stop recurring ("scheduled") payments. We must receive your request to cancel a recurring or scheduled payment in time for us to act on it. If you provide us with the cancellation request at least three (3) business days before the scheduled date of the transfer, we will have time to act upon it. You may also provide us with a cancellation request later than three (3) business days before the scheduled date of the transfer, if the services will allow you to do so. Stop Payment Instructions You may order, through the Online Banking Services, stop payments on any of your checks that have not yet been paid by us. You must be able to provide the correct check number, the date of the check and the exact amount of the check. Any loss you suffer due to your failure to accurately identify the check in the stop payment request will be your responsibility and not ours. Any stop payment order transmitted to us will replace any prior order submitted to us through alternative communication methods (such as in person or by phone). No stop payment order will be deemed received by us until one of our employees or officers has read and approved the stop payment instruction. No stop payment order will be effective against a check that has paid prior to the time that the Bank has both received the order and had a reasonable period of time to respond to the order. You understand that you will be responsible for determining whether a check has or has not been paid. When you submit a stop payment order through the services, you agree to access the appropriate account databases through the system (including prior account statements) to determine whether the check to which the stop payment order relates has or has not already been paid. You understand that the information available through the services regarding account status, and specifically whether individual checks have or have not been paid, is updated only once in each twenty-four (24) hour period, normally around 12:00 a.m. Checks (or images) are not considered paid simply because they appear in the Online Banking Service. As a result, you understand that the accuracy of information available via the services regarding the status of individual checks on any given business day may be limited to transactions that were processed on the previous business day. You acknowledge that the information regarding the status of individual checks may not include transactions, including cash payments, on a check that occur on the same business day as the date of receipt of the stop payment order. You acknowledge that a transaction search through the service will not necessarily reveal whether a check has been paid until the business day after the business day on which the stop payment order is received by us. Any loss suffered by you due to your decision to issue a new or replacement check, or to take any other action, based on information in the system prior to the next business day after the business day on which the stop payment order has been received by Bank will be your responsibility and not ours. We may, but are not obligated to, notify you if we determine through the process of updating the account status on the service that the check was paid on the day the stop payment order was received by Bank. Stop payment orders remain in effect for six (6) months and must be renewed every six (6) months to remain in effect. If you do not renew the stop payment order when it expires and the check is presented for payment, we may pay the check and charge it to your account. You may cancel stop payment orders by visiting or telephoning your branch, or by writing to us. Stop payment orders are automatically canceled when the account on which the check is drawn is closed or at the end of the six (6) month term of the order (unless renewed). You may not place a stop payment order on a Bill Pay check through the Online Banking Services. In order to place a stop payment on a Bill Pay check, you must call us at 1-800-757-8343. The charge for each stop payment order and renewal order on a Bill Pay check is $10.00. For more information regarding Bill Pay, see below. Service Charges and Fees Gateway Business Bank does not currently assess any fees or charges for use of its Online Banking Services. We reserve the right to change the fees and charges related to this account at any time. Notice of changes will be provided as required by law. Other fees, as described in the Bank's "Schedule of Fees and Charges", may apply to the Services you order online including stop payment requests. BILL PAY TERMS AND CONDITIONSIf you are approved for the Bill Payment Service (we will notify you via e-mail within one (1) business day whether you are approved for the Bill Payment Service), the following terms and conditions apply: Technical Requirements. When using Bill Payment, you must designate the account from which the payments are to be made, the complete name of the payee, the account number and the payee's remittance address (all exactly as shown on the billing statement or invoice), the amount of the payment and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited the next business day. By using the Bill Payment Service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, "no signature required draft", or by debiting and remitting funds on your behalf. You also agree that to pay your Bill Payment fees, which may be charged to your designated account or otherwise charged to an account. Use of Vendors; Use of Information. We may use one or more bill payment vendors to provide the Bill Payment Services, and you understand that various financial intermediaries and their servicers may be involved in processing your bill payment. Any information you provide may be used by us or any of these other parties to complete or otherwise deal with your transaction or comply with any laws, rules or regulations. If there is a dispute between you and us, or either of us and any other person (including any merchant, payee, financial institution or other intended or actual recipient of any bill payment), you authorize us to obtain information regarding you, your account and your Bill Payment obligations (or the absence of them) from any party that was involved in the Bill Payment transaction or that might otherwise assist in the resolution of the dispute or problem. This may include financial and other information regarding you. One Time and Recurring Payments; Charging Account Fees. The Bill Payment Service allows you to pay bills out of a designated account on a one-time or periodic basis to payees that you designate subject to the limitations described below. When you schedule a payment, you will need to identify the account that will be used to pay the bill and the date for sending the bill payment. We can charge your account for Bill Payments made using the Bill Payment Services if we receive instructions to do so. You agree to pay our fees for Bill Payment Services, even if you do not use the Bill Payment Service in any given month. If you wish to cancel the Bill Payment Service, you must notify us and we can continue to assess any monthly service charge or other fees until we receive notice of your cancellation of the Bill Payment Services. Bill Payment Limits. You may not schedule a single bill payment for greater than $9,999.99. Scheduling Payments in Advance of the Due Date. Electronic bills will be paid within two (2) business days after the close of business of the Send On date. Some companies you pay through the service are not set up for electronic payment and therefore receive a paper draft on your behalf. These paper draft payments can take up to five (5) business days to process before the payee receives the payment. However, with first-time payments to a new payee, we will pay your bill within eight (8) business days after the close of the Send On date, unless the new payee is verified immediately. If the new payee is verified immediately, then your bill will be paid within two (2) or five (5) business days after the close of business of the Send On date. In any case, the Bill Payment service will indicate the "Delivery By" date of the payment to the payee. You are responsible for ensuring that you initiate a bill payment in time for the payment to reach the payee before its due date (without taking into account any grace period). Except as described in the Payment Guarantee below, we are not responsible for any damages you may suffer due to delay in your payee properly crediting your account if you do not allow at least five (5) business days between the close of the Send On date and the due date of your bill or obligation, without counting any grace period offered by the payee. “Send On” date vs. “Deliver By” date. When scheduling a bill payment, note the difference between the “Send On” date and the “Deliver By” date. The “Send On” date is the date we will attempt to deduct the payment amount from your designated account. If the attempted deduction fails because you did not have enough funds in your primary account, we will send you an email indicating this situation. If the second attempted deduction is not successful, the transaction will be cancelled and you will be responsible for rescheduling. If the second attempted deduction is successful, the payment will be processed and remitted to the payee, however the “Deliver By” date will be one business day later. If you receive an email because the first attempted deduction was not successful, you should access the Bill Payment Service to determine the date of the second deduction attempt. If you schedule a payment with the “Send On” date as the current date, you must have adequate funds in your account at the time the payment is scheduled. The funds will be deducted shortly after you log out of the session. If you schedule a payment with the “Send On” date in the future, there must be adequate funds in your account when we attempt the deduction. This can occur anytime between 12:01 am and 4:00 pm EST. The “Deliver By” date is the date that you can expect the payee to receive your payment. The “Deliver By” date for your payment should be no later than the due date the payee has indicated for the payment. Cut-Off Hour. The "Send On" date is the date that we will initiate the Bill Payment. Bill Payments should be scheduled sufficiently in advance of the due date of your bill to allow the payee to receive it on the due date set by your payee and without taking into account any grace period that may be offered by your payee. Bill Payment requests received by us after 12:00 a.m. or on a day that is not a business day of ours (or of a bill payment vendor or intermediary that we may use) may be treated by us as received on the next business day, delaying payment. Also, sudden bill payment requests or "today payments" that are initiated by you will be processed the next business day only if you log off your session prior to midnight. If you do not log off from the Bill Payment Service prior to 12:00 a.m., then your scheduled payments that are for "Today" will be processed the business day after the next business day. Paper Checks and Your Monthly Statement. Paper drafts (also known as "Bill Pay checks") may also be used to accomplish your Bill Payment instruction. However, Bill Pay checks are not checks, items or demand drafts drawn off of your deposit account, so they will not be returned to you with your account statement. The Bill Pay checks will also not be listed as checks in your account statement; rather, they will be listed and treated as electronic transfers. If you wish, you are able to obtain a copy of a Bill Pay check, and the charge for the copy is $10.00. Accurate Information on Payees. You can make a Bill Payment to anyone that is accepted by the Service as a payee. Whether the Bill Payment is made by electronic payment or by check or draft, the Bill Payment will be processed using the information you supply, and if the information you give to us is inaccurate or incomplete in any way, then the Bill Payment may be delayed or misdirected. If the service provides you with a series of options regarding payee address or location, you are responsible for correcting that information if it does not agree with your records or with your particular bill. We and the others that handle your Bill Payment (including the payee's bank) are entitled to rely on information you supply, such as the payee's account number or the routing number of the payee's bank, even if the name you give to us and the number you give identify different persons. Electronic payments are made through the automated clearinghouse and are subject to the rules of the ACH. You agree to be bound by the Operating Rules of the ACH, including the rule making payment to the payee provisional until receipt by the payee's bank of final settlement of the credit transaction. If final settlement is not received, you will not be deemed to have paid the payee the amount of the electronic bill payment. Our Right to Refuse a Bill Payment Request or Transaction. In addition to any other rights we may have, we may refuse to process any Bill Payment or Payments at any time, for any reason or for no reason. We will normally seek to notify you promptly, unless there are security reasons for not doing so (but no notice is required if we refuse to process a payment that is prohibited under this Agreement). Without limiting the foregoing, we are authorized under this Agreement, and you agree that we may, prevent payments to or refuse to process payments to any person or entity that you attempt to pay using the services. Payment Guarantee. If a properly scheduled payment is not received and posted on time by the payee, we will attempt to have any late fees or assessed finance charges removed. (Finance charges are calculated based on your payment amount rather than your entire balance.) If the payee is unwilling or unable to remove them, we will pay the fees and finance charges directly to the payee. In addition, we will attempt to have your account noted appropriately to ensure that the situation does not negatively impact your credit rating. (NOTE: Please refer to your Electronic Funds Transfer Disclosure for important information on the limitations of reimbursable fees and finance charges.)The Payment Guarantee applies to late fees and/or finance charges associated with the late posting of a payment, provided that the following conditions are met: 1. The payment was scheduled to be delivered on or before the due date of your bill, excluding any grace periods. (The one exception to this guideline is that mortgage payments may be scheduled so that the payment is sent on or before the due date, excluding grace periods. For example, a mortgage payment due on July 1st, with a 15-day grace period, must have a “Send On” date no later than July 1st.). 2. The payment amount did not exceed $9,999.99. 3. The payment was not made to a prohibited payee (described below) or the following type of payee: § Payments to payees located in the Armed Forces Postal Codes, such as AE & AP § Payments to settle securities transactions § Payments to payoff special or delayed financing for purchases § Payments to credit counseling agencies who pay creditors on your behalf 4. The information supplied by you is correct (payee name and address, your name and account number as it appears on the payee's records). 5. You had sufficient funds in your account during our first deduction attempt on the “Send On” Date. We will only be responsible for direct fees or finance charges associated with the late payment. We will not be responsible for any other consequential damages that might arise from the late payment. Expedited Payments Guarantee. If a Properly Scheduled Expedited Payment (defined below) is not received and posted by the payee as of the scheduled payment date, you will not be responsible for any Penalties (defined below) that arise due to the failure of such payment to post on the scheduled date and we will refund you the service fee associated with such payment. We will first attempt to have any such Penalties removed, and if the payee is unwilling or unable to remove them, we will pay the fees and finance charges directly to the payee. In addition, we will attempt to have your payee account noted appropriately to ensure that the situation does not negatively impact your credit rating. “Penalties” are defined as late fees or finance charges that are assessed on the Properly Scheduled Expedited Payment amount that did not post on the scheduled payment date, not those based on your total outstanding balance. A “Properly Scheduled Expedited Payment” is defined as a payment that: 1. was made from an account that has sufficient funds for the payment and any fees associated with the payment; 2. was scheduled to be delivered on or before the due date of your bill, excluding any grace periods. (The one exception to this guideline is that mortgage payments may be scheduled so that the payment is sent on or before the due date including grace periods. For example, a mortgage payment due on July 1st, with a 15-day grace period, must have a “Deliver By” date no later than July 15th.); 3. the service indicates is deliverable on or prior to the applicable due date; 4. was not made for any of the following types of transactions: § Payments that failed due to insufficient funds or other reasons § Payments to settle securities transactions § Payments to payoff special or delayed financing for purchases § Payments to credit counseling agencies who pay creditors on your behalf § Payments to payees outside of the United States § Court-ordered payments such as alimony, child support, speeding tickets, etc. § Tax entities § Collection agencies 5. the information supplied by you is correct (payee name and address, your name and account number as it appears on the payee's records); 6. does not cause you to exceed any applicable risk management limits; 7. was scheduled when the system was available; and 8. the payment complies with the payee's policies. Prohibited Payees. We will not process payments on your behalf to payees meeting any of the following criteria: § Designated by the Office of Foreign Asset Control as being a prohibited payee § Having an address outside of the United States (except for APO) § Court-ordered payments such as alimony, child support, speeding tickets, etc. § Tax entities § Collection agencies If a payment to a prohibited payee is inadvertently processed, the payment guarantee outlined above does not apply to that payment, and we reserve the right to not process a payment to that payee in the future. Canceling Bill Payments. We may cancel a bill payment if we have reasonable belief that the payment is fraudulent. If we cancel a payment, we will attempt to contact you to inform you of this action. You may cancel an outstanding bill payment at anytime through the Bill Pay Service. Bill payments are considered outstanding until the “SEND ON” date. You can cancel a “Recurring” transaction by verbal or written no later than 3 business days before the “SEND ON” date of the transaction by contacting Customer Service at the address or phone number listed in this agreement. If you call, we may also require you to put your request in writing and provide it to us within fourteen days. The notice must detail whether the cancellation applies to only one of the recurring transactions, or all transactions in the recurring stream. Internet Email Notifications. It is important to keep a current Internet email address on file with us, as we use this to communicate important security events about your account to you such as:
E-BILL TERMS AND CONDITIONS The e-Bill Presentment Service is a feature of your Bill Pay Service that allows you to receive an electronic version of your paper bill that you can view and pay online using Bill Payment Service. Accessing eBills from a Third Party. You are authorizing the eBill Presentment Service to obtain eBill information from the website of the payee(s) you designate. For us to provide the service, you must provide us with the necessary information needed for this purpose, such as (but not limited to) any user name and/or required password. By doing so, you authorize us to retrieve eBill information on your behalf and you appoint us as agent for this limited purpose. Delivery of eBills. We take no responsibility if a payee does not provide an updated eBill in a timely manner. If you do not receive an eBill during a given billing period, you may be directed to contact your payee directly. Additionally, the Bank is not responsible for direct or incidental fees, penalties, or damages resulting from late payments caused by the late delivery of an eBill. Incorrect eBills. We take no responsibility if a payee provides incorrect eBill information. If you receive an incorrect eBill during a given billing period, you may be directed to contact your payee directly. Additionally, the Bank is not responsible for direct or incidental fees, penalties, or damages resulting from late payments resulting caused by inaccurate information contained within an eBill. Stop eBills. This service can be cancelled at any time. We will notify you if the Bank or a Payee discontinues/stops offering the eBill Presentment Service. Hours of Access. You can use eBill Presentment Service seven days a week, twenty-four hours a day, although some or all services may not be available occasionally due to emergency or scheduled system maintenance, updates or repairs or other reasons beyond our control. MOBILE BANKING TERMS AND CONDITIONS The Mobile Banking Service provides wireless access to your linked accounts to do the following: § View your Gateway Business Bank account balances; § Transfer available funds between your linked accounts; § View recent transactions; § Receive alerts set up by you; and § (Commercial accounts only) Initiate wire transfers to payees that have been established through the Online Banking service (you will not be able to establish new payees through Mobile Banking Services). Access Requirements. In order to use the Mobile Banking Services, you will need a Wireless Access Device with text messaging and internet access capabilities. You will be required to register your Wireless Access Device through our Online Banking Services using your cell phone number and carrier information. You will be required to select a four-digit personal identification number (“PIN”). Once you have enrolled, designated accounts linked to your Online Banking Login ID will be accessible through your wireless access device. (“Wireless Access Device”). To use the Mobile Banking Services, you must have at least one deposit account with the Bank. Through the Mobile Banking Services, you will have access to any of your enrolled deposit accounts or loan accounts associated with your customer identification number. The Bank reserves the right to deny access to a deposit account or loan account or to deny transactions. Accounts will only be enrolled in the Mobile Banking Services to the extent they contain the same vested ownership and authorized signers. Relationship to Third Party Agreements. You agree that, when you use Mobile Banking Services, you remain subject to the terms and condition of your existing agreements with any unaffiliated service providers, including, but not limited your Wireless Access Device service provider (e.g., AT&T, Verizon, etc.). You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking Services (such as data usage or text messaging charges imposed on you by your mobile service provider) for your use of or interaction with Mobile Banking Services, which may include downloading software receiving or sending bank related text messages, or other use of your Wireless Access Device when using the Mobile Banking Services, and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems pertaining to your Wireless Access Device or mobile services with your provider directly without involving us. Your Obligations. You represent and agree to the following by enrolling for Mobile Banking Services, or by using the Mobile Banking Services: § Account Ownership/Accurate Information. You represent that you are the legal owner or an authorized user of the accounts and other financial information which may be accessed via Mobile Banking Services. You represent and agree that all information you provide to us in connection with Mobile Banking Services is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking Services. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Wireless Access Device you will use to access Mobile Banking Services. § User Security. You agree not to give or make available your Mobile Banking Services security code credentials (e.g., your personal identification number (the "PIN")) or other means to access your account (collectively “Security Code”) to any unauthorized individuals. You are responsible for all bill payments, transfers or other transactions you authorize using Mobile Banking Services. If you permit other persons to use your Wireless Access Device and Security Code to access Mobile Banking Services, you are responsible for any transactions they authorize. § User Conduct. You agree not to use Mobile Banking Services or the content or information delivered through Mobile Banking Services in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking Services to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking Services; or (i) use Mobile Banking Services in such a manner as to gain unauthorized entry or access to the computer systems of others. § Proprietary Rights. For you are permitted to use content delivered to you through Mobile Banking Services only using your Wireless Access Device. You may not copy, reproduce, distribute or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking Services technology, including, but not limited to, any software or other wireless device applications associated with Mobile Banking Services. Financial Institution’s Liability. 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 instance: § If, through no fault of ours, you do not have enough money in your account to make the transfer. § If the transfer would go over the credit limit on your overdraft line (if applicable). § If the system was not working properly and you knew about the breakdown when you started the transfer. § If circumstances beyond the control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. § There may be other exceptions stated in our agreement with you. Charges for the Service. Gateway Business Bank does not currently assess any fees or charges for use of its Mobile Banking Services. We reserve the right to change the fees and charges related to this service at any time. Notice of changes will be provided as required by law. Check with your wireless provider for more information about fees associated with accessing the internet or receiving text messages from your mobile phone. Mobile Banking Services Limitations. § When you request a transfer between accounts, you authorize us to withdraw the necessary funds from your designated account. You agree that you will instruct us to make a withdrawal only when a sufficient balance is available in your account at the time of withdrawal. If you do not have a sufficient balance, including available credit under any overdraft protection plan, we may, in our sole discretion, either complete the transfer or refuse to complete the transfer. We will to notify you if we decide to refuse to complete your instruction. This notification is not required if you attempt to make transfers which are prohibited under this Agreement. § The Mobile Banking Services may not be used, and you hereby agree not to engage in any transactions, in violation of any law, including but not limited to the laws administered by the Office of Foreign Assets Control (OFAC) and the laws prohibiting illegal internet gambling. § The availability, timeliness and proper functioning of the Mobile Banking Services depends on many factors, including your Wireless Access Device location, wireless network availability and signal strength, and the proper functioning and configuration of hardware, software and your Wireless Access Device. We do not warrant that the Mobile Banking Services will be available at all times. The display of account information may vary based on your Wireless Access Device and your cellular service. § Neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any Wireless Access Device or mobile network which you utilize to access the Mobile Banking Services. Changes, Termination and Refusals. You may cancel your participation in the Mobile Banking Services at any time either through the Online Banking system, or by calling (562) 403-6969. Unless otherwise restricted by law, we reserve the right to: (i) change or cancel the Mobile Banking Services provided to you at any time; and (ii) suspend your access to the Mobile Banking Services for any reason, including, but not limited to your non-use of the Mobile Banking Services. We will provide you notice of these actions, as required by law. Without limiting the foregoing, we reserve the right to terminate or modify the scope of the Mobile Banking Services at any time. Advance notice of termination or modify will be provided if required by law. If you initiate any transaction, including accessing your account information, through the Mobile Banking Services after the effective date of a modification, you will be deemed to have effectively consented to the modification. AUTOMATED CLEARING HOUSE ENTRIES Electronic Bill Payment may be processed through a system known as the automated clearinghouse, or "ACH." There are special rules that govern ACH, and they apply to your electronic Bill Payments. You acknowledge that the ACH Clearing House system may not be used in violation of, and that Bill Payments (both electronic and paper) originated by you must comply with, the laws of the United States, including sanctions laws administered by the Office of Foreign Asset Controls. When you send an electronic Bill Payment, it is sent to and received by another financial institution (or, possibly, the Bank). The receiving depository financial institution ("RDFI") receives the ACH transaction and credits it to the account of the payee. You agree to be bound by the provision of the National Automated Clearing House Rules making payment by the RDFI to the payee provisional until receipt by the RDFI of final settlement for the transaction. You understand that if final settlement is not received, the RDFI will be entitled to a refund from the payee of the amount credited and you will not be deemed to have paid the payee the amount of the electronic Bill Payment. You also agree that any payment by the Bank to you for any returned electronic Bill Payment is provisional until we receive final payment. We may delay your ability to use this provisional credit for some time. 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 Gateway Business Bank, as described in our Gateway Business Bank Deposit Account Agreement. Clicking "I Accept" below, or your use of our Online Banking Services, is your acknowledgment 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. Headings All headings are intended for reference only and are not to be construed as part of the Agreement. Modifications to This Agreement Gateway Business Bank may modify the terms and conditions applicable to the Agreement from 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 Gateway Business Bank reserves the right to terminate this Agreement and your access to our Online Banking Services in whole or in part, at any time. Termination and Notification This Agreement will remain in effect until it is terminated by you or Gateway Business Bank. Either party may terminate this Agreement at any time, with cause or without cause. You understand that you may cancel this Agreement at any time by notifying Gateway Business Bank by any method described below. This will cancel the Agreement, but termination of the services will not terminate your accounts with Gateway Business Bank. Termination of this Agreement by either party will not affect your obligations to the Bank that relate to any transaction by you prior to termination. You may notify Gateway Business Bank by one of the following methods: § By calling (562) 403-6969 8:00 a.m. to 4:00 p.m. Monday through Friday. § By emailing clientservices@gbbanker.com. § By writing a letter and taking it to one of our offices. § By writing a letter and mailing it to the following address: Gateway Business Bank, 18000 Studebaker Road, Suite 550, Cerritos, CA 90703. E-mail may not be used to perform any banking transactions, including any banking services available using the Online Banking Services. We may disregard e-mail messages from you at our option, with or without cause, and may at any time require a personal appearance by you to verify the authenticity of instructions received by us that purport to be from you (including for services). Gateway Business Bank Liability Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Gateway Business Bank, or by internet browser providers, 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 any 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 Services, or internet browser or access software.
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