Terms & Conditions
Western Commerce Bank’s Online Agreement, Disclosures Terms & Conditions
Welcome to Western Commerce Bank (WCB) Online! This Online Banking Agreement and Disclosure (the “Agreement”) discusses how you can use WCB Online (the “Service”) to obtain information about your accounts, to transfer funds between your accounts, and to request certain other bank services.
If you use WCB Online, you thereby indicate your consent to these terms. You may print a copy of this Agreement for your records now, or you can refer to this document in the Online Help section later at your convenience.
MAILBANK ONLINE E-MAIL COMMUNICATONS
Electronic messages sent and received via the “Contact Us” option in WCB 31Online (i.e., once your User ID and Password have been accepted by WCB and your browser shows that a secure connection has been established) are secure. Communications sent over the public Internet are not necessarily secure. We strongly recommend you never send any confidential information or account numbers through e-mail to anyone. You agree that we may take a reasonable time to act on any e-mail. Correspondence that requires expeditious handling – for example, if you need to report an unauthorized transaction from one of your accounts, or if you need to immediately stop payment on a check you have issued, should be made by calling the Bank. You agree that WCB may send you electronic messages about other products or services we offer.
WESTERN COMMERCE BANK CONSUMER ONLINE BANKING AGREEMENT
The Western Commerce Bank Online Banking ("Online Banking" or "Service") is provided to you by Western Commerce Bank (“WCB,” "Bank," "we," and "us"). This Online Banking Agreement (“Agreement”) sets forth the terms and conditions between and you (“you,” “your”) for use of the Online Banking, as defined below. By clicking the "I Agree" button at the end of this Agreement, you agree to all the terms, conditions, and notices contained or referenced in this Agreement. Access to and use of the Online Banking is subject to all applicable federal, state, and local laws and regulations.
1. DESCRIPTION OF THE ONLINE BANKING. Online Banking refers generally to any service allowing an existing WCB customer to access and view accounts selected by the customer from a web-enabled computer, laptop, mobile device whose network allows secure SSL traffic.
Online Banking includes the following, provided you have compatible wireless hardware and software:
(a) Access your Account balance information
(b) Review transaction history and perform queries or transaction searches
(c) Make transfers between your Accounts
(d) Use our Bill Pay Service to Pay Bill, or Pay A Friend
(e) If you have Alerts on your account, you may set up and review the Alerts
(f) From time to time, we may develop additional Online Banking. As such services are developed you will have the opportunity to add them to your Online Banking, provided you have compatible wireless hardware and software.
You acknowledge and agree that your Accounts are an integral part of the Online Banking offered by WCB and that all transactions and Online Banking initiated or processed pursuant to this Agreement are subject to the Terms and Conditions of Your Account and the rules, regulations and agreements (“Deposit Account Agreement”) governing the Accounts, including without limitation the arbitration provisions and all applicable federal, state, and local laws and regulations (“Rules”). This Agreement supplements your Deposit Account Agreement. The Deposit Account Agreement is hereby incorporated by reference and made a part of this Agreement. In the event of an inconsistency between the terms of the Deposit Account Agreement and this Agreement, this Agreement shall govern. Undefined terms herein shall have the meaning assigned to them in the Deposit Account Agreement.
In most cases you may use the Online Banking to gain access to deposit accounts in which you have an unrestricted right to withdraw funds. However, WCB, as it may determine at any time and from time to time in its sole discretion, may deny Online Banking account access, restrict Online Banking account transactions, or place limits on the specific dollar amount of funds that may be withdrawn or transferred from any account.
You acknowledge and agree that these services may be provided by an independent third party service provider (“Vendor”) as selected by WCB. You further acknowledge, agree, and stipulate that the Vendor is a independent contractor providing software and data transmission services and is not your agent or the agent of WCB. Neither WCB nor the Vendor is responsible for the actions or omissions of the other.
2. ELIGIBILITY/HOW TO REGISTER FOR ONLINE BANKING. To use the Service, you must have an open account at WCB and have a compatible device. During the registration process, you will enter your information we require to authenticate your identity. After you have accepted these Terms and Conditions and clicked “Continue”, you will receive an email confirming.
3. SECURITY PROCEDURE. The use of the Access Code and your Mobile Device is a security procedure established by WCB to authenticate the identity of the person attempting to gain access to the Service. The security procedure is not designed for the detection of errors. We may require you to change your Access Code from time to time for security reasons. You should keep your Access Code in a secure location. Any person having access to your Access Code and your Mobile Device will be able to access these Services and perform all transactions, including reviewing Account information and using the Bill Pay Services. With this Access Code, a third party will be able to add new payees to the Bill Pay Service. You are responsible for safeguarding the Access Codes and your Mobile Device. Providing these Access Codes to another person effectively constitutes a grant of authority to access your accounts under Consumer Financial Protection Bureau Regulation E (“REG. E”). Western Commerce Bank recommends you secure your mobile devise with a password or code to protect your information.
(a) You agree to comply with the “Security Procedures” and any other Security Procedures WCB directs you to use, and you acknowledge and agree that the Security Procedures, including (without limitation) any code, password, personal identification number, user identification technology, token, certificate, or other element, means, or method of authentication or identification used in connection with a Security Procedure (“Security Devices”), constitute commercially reasonable security procedures under applicable law for the initiation of transfers and access to confidential customer information. You authorize us to follow any and all instructions entered and transactions initiated using applicable Security Procedures unless and until you have notified us, according to notification procedures prescribed by us, that the Security Procedures or any Security Device has been stolen, compromised, or otherwise become known to persons other than you or your representative(s) and until we have had a reasonable opportunity to act upon such notice. You agree that the initiation of a transaction using applicable Security Procedures constitutes sufficient authorization for Bank to execute such transaction notwithstanding any particular signature requirements identified on any signature card or other documents relating to your deposit account maintained with WCB, and you agree and intend that the submission of transactions and instructions using the Security Procedures shall be considered the same as your written signature in authorizing us to execute such transaction. You acknowledge and agree that you shall be bound by any and all transactions initiated through the use of such Security Procedures, whether authorized or unauthorized, and by any and all transactions and activities otherwise initiated by you, to the fullest extent allowed by law. You further acknowledge and agree that the Security Procedures are not designed to detect error in the transmission or content of communications or transactions initiated by you and that you bear the sole responsibility for detecting and preventing such error.
(b) You agree to keep all Security Procedures and Security Devices protected, secure, and strictly confidential and to provide or make available the same only to your authorized representative(s). You agree not to disclose or provide any Security Procedures or Security Devices to any unauthorized person. Where you have the ability to change or modify a Security Device from time to time (e.g., a password or User Name), you agree to change Security Devices frequently in order to ensure the security of the Security Device. You agree to notify us immediately, according to notification procedures prescribed by us, if you believe that any Security Procedures or Security Device have been stolen, compromised, or otherwise become known to persons other than you or your authorized representative(s) or if you believe that any transaction or activity is unauthorized or in error. In the event of any actual or threatened breach of security, we may issue you a new Security Device or establish new Security Procedures as soon as reasonably practicable, but we shall not be liable to you or any third party for any delay in taking such actions.
(c) We reserve the right to modify, amend, supplement, or cancel any or all Security Procedures, and/or to cancel or replace any Security Device, at any time and from time to time in our discretion. We will endeavor to give you reasonable notice of any change in Security Procedures; provided that we may make any change in Security Procedures without advance notice to you if we, in our judgment and discretion, believe such change to be necessary or desirable to protect the security of our systems and assets. Your implementation and use of any changed Security Procedures after any change in Security Procedures shall constitute your agreement to the change and your agreement that the applicable Security Procedures, as changed, are commercially reasonable and adequate for the purposes intended.
4. AVAILABILITY OF SERVICE. We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.
5. PHYSICAL AND ELECTRONIC SECURITY. Because the Online Banking is similar to Online Banking on a personal computer, there are security risks associated with the use of the Service. The hardware and software that you use in connection with the Service may be subject to unauthorized tracking or other manipulation by spyware or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your hardware and software is at your own risk. We will use commercially reasonable efforts to secure the Service to prevent access by unauthorized persons and to prevent the introduction of any malicious code, such as a computer virus. However, no security system is failsafe, and despite our efforts the security of the Service could be compromised or a malicious code could be introduced by third parties. We will provide you with notice if your information is the subject of a security breach as required by applicable law.
You acknowledge and agree that it is your responsibility to protect yourself and to be vigilant against e-mail and/or text messaging fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” or “pharming”). You acknowledge that, other than at the time you are registering for this Service, WCB will never contact you by e-mail or text message in order to ask for or to verify Account numbers, Security Devices, or any sensitive or confidential information, and will never provide links to websites in e-mails or text messages that WCB transmits to you. In the event you receive an e-mail, text message, or other electronic communication that you believe, or have reason to believe, is fraudulent, you agree that you shall not respond to the communication, provide any information to the sender of the communication, click on any links in the communication, or otherwise comply with any instructions in the communication. To the extent allowed by law, you agree that WCB is not responsible for any losses, injuries, or harm incurred by you as a result of any electronic, e-mail, text message or internet fraud.
6. ACCOUNT ACCESS. Transfers and Payments from your Account initiated via the Online Banking will be deducted on the date you instruct us to process them. If the date you schedule a Transfer or Payment falls on a weekend or holiday, we will process your transaction the next Business Day (Monday – Friday, to 2:00 p.m., Mountain Time, excluding holidays). We may refuse to act on your Transfer instructions or Payment request if sufficient funds, including funds available under any overdraft protection plan, are not available in your Account on the date you want us to make the Transfer or Payment.
7. PROCESSING INTERNAL FUND TRANSFERS. We can process a Transfer until 6:00 p.m. Mountain Time on a Transfer Day. If you schedule a Transfer after the cutoff time, the Transfer will be reflected in your account and available for your use at the time the Transfer is initiated, but it will be processed the following Business Day. You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permissible by the applicable law and the terms of any other relevant agreements.
If there are insufficient funds in your Account to make a Transfer or Payment, we may refuse to make the Transfer or Payment or we may make the Transfer or Payment and overdraw your Account. In either event, you are responsible for any non-sufficient funds (“NSF”) charges that may apply.
8. CANCELLING TRANSFERS OR PAYMENTS. You can cancel a pending payment transaction. However, to do so, we must receive your instruction to cancel prior to being accepted by the other party. If we do not receive your instruction to cancel a transaction before that time, we may process the transaction.
9. TRANSFERS FROM SAVINGS/MONEY MARKET DEPOSIT ACCOUNTS. Federal regulations require us to limit, either by contract or in practice, the number of certain types of transfers from savings and money market deposit accounts. You are limited to six (6) preauthorized electronic fund transfers per monthly statement cycle. Each fund transfer through the Service from your savings or money market deposit account is counted as one of the six (6) transfers permitted each monthly statement cycle.
10. BILL PAYMENT SERVICE. You can use this bill payment service (“Bill Payment Service”) to schedule and delete bill payments (“Payments”). WCB reserves the right to decline to make Payments to certain persons and entities. You agree that any Payment for taxes, Payments that are court-ordered, government payments and Payments outside of the United States are prohibited and you agree that you will not attempt to use the Service to make these types of Payments. On recurring Payments, it is the responsibility of the account owner or designated authorized users to update Payee account information such as address changes, account numbers, etc.
You may use the Bill Pay Service to direct WCB to make Payments from your designated account (“Payment Account”) to the Payees you choose, in accordance with this Agreement. “Payee” means anyone, including WCB, you designate and WCB accepts as a payee. The terms and conditions of this Agreement are in addition to the Account Agreements, Disclosures and other documents in effect from time to time governing your Payment Account. At any time that you wish to cancel this Bill Pay Service you may do so by notifying a Customer Service Representative at your local branch or by calling 1-800-922-9028.
You must enroll in the Bill Pay Service by completing a Bill Pay Enrollment Form. If you want to add a new Payee to your list of authorized Payees, you can submit your request by using the “Add Payee” button on the Mobile Device or speak to a Customer Service Representative. You may add a new fixed payment to a Payee, only if the Payee is on your authorized list of Payees, by accessing the Bill Pay Service and entering the appropriate information. Most other additions, deletions, or changes can be made in writing or by using the Bill Pay Service. WCB reserves the right to refuse the designation of a Payee for any reason.
WCB is not responsible if the Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your Authorized Payee list.
WCB will process variable Payments on the Business Day (Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by WCB, which is currently 2:00 p.m. MST. Variable bill requests received after the Business Day cut-off time or at any time on a non-Business Day will be processed on the next Business Day. WCB reserves its right to change the cut-off time by giving you notice if it changes.
FOR RECURRING PAYMENT REQUESTS, IF YOU DESIGNATE A PROCESSING DATE OF THE 28TH THROUGH THE 31ST OF A MONTH, PROCESSING WILL BE INITIATED ON THE LAST CALENDAR DAY OF THE MONTH. Otherwise, recurring payment requests will be processed on the dates you have designated, unless such date falls on a non-Business Day resulting in your Payment being processed on the next Business Day.
Payments are processed on the day you select as a scheduled payment date (“Scheduled Payment Date”). When scheduling Payments, you must select a Scheduled Payment Date that is no later than the recommended time frame for delivery on a Payment made by check (“Check Payment”) (five (5) Business Days) or Payments made electronically (“Electronic Payments”) (three (3) Business Days) before your actual due date (“Due Date”). If the actual Due Date falls on a Non-Business Day, you must select a Scheduled Payment Date that adds a minimum of at least one (1) Business Day, more days are necessary for multi-day federal holidays, to the recommended time frame for delivery of Check and Electronic Payments. Scheduled Payment Dates and recommended delivery times should be prior to any late date or grace period. WCB will not be responsible for any finance charges or penalties incurred for late Payments that were due to invalid information entered by the user such as Payee address or user account number at Payee. The Vendor will be responsible for any changes to Payees made in error by the Vendor. Due to circumstances beyond our control, some Payees take longer to post payments than others. We suggest sending your first Payment with more than enough time to post before the Due Date. After your first Payment has posted you will have a better understanding of how much time to allow for each Payee to receive the credit. When you have scheduled a Payment that is an Electronic Payment, you authorize WCB to debit your Payment Account and remit funds on your behalf. You certify that your Payment Account is an account from which you are authorized to make Payments and any Payment you make will be debited from this account.
WCB will incur no liability and a Service Guarantee shall be void if WCB is unable to complete any Payments initiated because of any of the following:
1. You have not provided WCB with correct Payment Account information, or the correct name, address, phone number, or account information for the Payee upon initiation of the Payments;
2. Circumstances beyond the control of WCB (such as, but not limited to, fire, flood, or interference from an outside force) prevents the proper execution of the transaction and WCB has taken reasonable precautions to avoid those circumstances;
3. The payment processing center is not working properly and you know or have been advised by WCB about the malfunction before you execute the transaction;
4. If through no fault of WCB, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account; and/or
5. You attempt to pay a Payee that is not on your authorized Payee list.
Provided none of the foregoing circumstances are applicable, WCB will bear responsibility for any late payment related charges up to $50.00 should a Payment post after its Due Date as long as the Payment was scheduled in accordance with the guidelines described under in this Agreement.
You agree to have available and collected funds on deposit in the Payment Account in amounts sufficient to pay for all Payments requested, as well as, any other payment obligations you have to WCB. WCB reserves the right, without liability, to reject or reserve a Payment, if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in the Payment Account and WCB has not exercised its right to reserve or reject a Payment, you agree to pay for such Payment obligations on demand. You further agree WCB, at its option, may charge any of your accounts with WCB to cover such Payment obligations.
WCB reserves the right to select the method in which to remit funds on your behalf to your Payee. Any Payment can be changed or canceled, provided you access the Bill Pay Service prior to the cut-off time on the Business Day prior to the Business Day the Payment is going to be initiated.
In using the Bill Pay Service, you understand that WCB and/or the United States Postal Service may return Payments for various reasons, such as, but not limited to, the Payee account number is not valid; WCB is unable to locate the account; or the Payee account is paid in full. WCB will use its reasonable efforts to research and correct the returned Payment, or void the Payment and credit your Payment Account.
You are solely responsible for controlling the safekeeping of and access to your User ID and Password. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify WCB and arrange to change your User ID and Password. You will be responsible for any Payment request you make that contains an error or is a duplicate of another Bill Payment. WCB is not responsible for a Payment that is not made if you did not properly follow the instructions for making a Payment. WCB is not liable for any failure to make a Payment if you fail to promptly notify WCB after you learn that you have not received credit from a Payee for a Payment. WCB is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be WCB’s agent. Payments are posted against your ledger balance, plus the available credit on your overdraft protection, if any, or other line of credit.
When you setup a new Payee it will be determined by WCB if the Payment is to be made electronically or by check. Payments made electronically will be deducted from your Payment Account on the Business Day that you schedule the Payment. WCB will attempt to deduct the amount of the electronic debit during WCB’s normal posting process on the Scheduled Payment Date. On the Business Day following the Scheduled Payment Date, WCB will determine if your Payment Account had sufficient funds to pay the electronic debit. If the electronic debit was deducted from your Payment Account, the Payment will be sent electronically to the Payee. If your Payment Account balance was not sufficient to pay the electronic debit, WCB, in its sole discretion will make the decision whether to pay or reject the electronic debit. If the balance in the Payment Account was sufficient to pay the electronic debit or if WCB elects to pay the electronic debit in the overdraft, WCB will transmit the Payment electronically to the Payee. If WCB elects to pay the electronic debit in the overdraft, your Payment Account will be charged the normal overdraft fee. If your Payment Account does not have sufficient funds to pay the electronic debit and WCB elects not to pay the electronic debit in the overdraft, WCB will dishonor the Electronic Payment, assess the normal insufficient funds fee and will not send the Payment to the Payee. If your Payment Account does not have sufficient funds to pay the electronic debit and WCB dishonors the electronic debit, WCB will provide you with an NSF notice advising you that Payment was not paid. This NSF notice is the only notice that you will receive relating the dishonor of the electronic debit and the fact that the Payment was not made. It will be your responsibility to contact the Payee and arrange another method of payment.
Payments made by check will be deducted from your Payment Account when the check clears your Payment Account. When you schedule a Payment that will be made by check, you authorize us to issue a check drawn on your Payment Account for the requested amount. If sufficient funds are not available in your designated Payment Account when the check is presented for payment, we may refuse to honor the check and return it unpaid. At our sole discretion, we may elect to pay the check regardless of the insufficient funds. In either event, your qualified designated Payment Account will be charged our then current fee for processing insufficient items, whether the check is paid or returned, as applicable. You are responsible for any loss or penalty that you may incur due to a lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your Payment Account.
When you create a new Payee in the Bill Payment Service, the new Payee is added to the Bill Payment Service immediately.
While there is currently no limit on the number of Payees or number of Payments that may be authorized, WCB hereby reserves the right to impose limits at some future date. WCB shall provide written notice to you prior to the implementation of any such limits. You acknowledge and agree that if you describe a Payee inconsistently by name and account number, scheduled Payment transactions to the Payee will occur on the basis of the account number, even if it identifies a person other than the named Payee. WCB is not liable for any service fees or late charges levied against you due to postal delays or processing delays by the Payee.
Recurring Payments are those made for the same amount, on the same date, on a weekly, bi-monthly, monthly basis, etc. Once started, recurring Payments will be made automatically until you delete the Payment or upon expiration. If the Payment is not a recurring Payment, it will be a “one-time Payment.” One-time Payments do not recur and are not made until you enter the Payee and amount of the current bill and submit the Payment. A recurring or future scheduled one-time Bill Payment Service transaction that you want deleted must be deleted or the next Payment date changed before midnight of the Business Day before the current transaction date.
A stop payment cannot be placed on an Electronic Payment transaction once issued. However, a stop payment can be placed on a Payment transaction by check any time prior to the check being presented for final payment, subject to the completion of a Stop Payment Request.
There is no fee for deleting a Payment initiated through the Bill Payment Service; however a fee will apply for a stop on a Bill Payment check.
In order for the Bill Payment Service to remain in active status, you must pay a bill at least once every three (3) months.
11. CONFIRMATION NUMBERS. When you schedule a Transfer or Payment, a confirmation number will be given to you. You should record this number, along with the Payee information (if applicable), the scheduled date of the Transfer or Payment, and the amount of the Transfer or Payment, in your checkbook/transaction register or other permanent record. This procedure will help in resolving any problems that may occur. No printed receipts are issued through the Service.
12. LIMITATIONS. Your use of the Service is subject to the following limitations:
(a) DOLLAR AMOUNT. Payments will have a $10,000 and below amount for security reasons. Security reasons limit the dollar amount of transactions and these limits are subject to change from time to time. Payment can only be made with U.S. currency.
(b) FREQUENCY. In addition to the Federal banking regulations that restrict the number of transfers and withdrawals, there may be limits on the number of transactions you can make using the Service. These limits are for security reasons and are subject to change.
(c) FOREIGN TRANSACTIONS. No Payments may be made to Payees outside the United States. Additional limitations may be contained in this Agreement. Your ability to initiate transactions may also be limited by the terms of other agreements you have with WCB or by applicable law.
13. SMS TEXTING SERVICE. The Online Banking enables you to receive alerts from WCB concerning your Account through an SMS text enabled Mobile Device. By activating/registering one or more Mobile Devices for this service, you agree to receive electronic text messages about your Accounts. WCB will send text messages to you based upon the instructions you provide at the time of the SMS request that you send. You hereby acknowledge and accept that each message is sent to you without being encrypted and will include certain information requested on your Account(s).
You may request and receive text messages concerning your accounts on any text enabled Mobile Device. It is your responsibility to determine if your wireless carrier provider supports text messages and your Mobile Device is capable of receiving text messages. WCB’s SMS messages are subject to the terms and conditions of your agreement(s) with your wireless carrier provider even if your use of the SMS service results in additional or changed fees.
Once you activate your Mobile Device for this Service, YOU are responsible for keeping any personal information in your Mobile Device secure. For your protection, you agree to:
• Cancel SMS Texting if you or your wireless carrier provider is cancelled
• Cancel SMS Texting if your Mobile Device is lost or stolen
• Contact WCB if your Mobile Device is lost or stolen
• Cancel or edit SMS Texting if there are changes to your wireless carrier provider or Mobile Device number (cell phone number)
• Erase your “Sent Message” and “Inbox” that may contain your SMS PIN number or other personal information
You acknowledge, agree and understand that your receipt of any SMS messages may be delayed or prevented by factor(s) affecting your wireless carrier provider and/or other factors outside our control. We neither guarantee the delivery nor the accuracy of the contents of any message(s). You also agree not to hold WCB liable for any losses, damages or costs that may arise in whole or in part, from:
• Non-delivery, delayed delivery, or the misdirected delivery of any message
• Inaccurate or incomplete content in any message
• Your reliance on or use of the information provided in any SMS service message for any purpose.
WCB provides this service as a convenience to you. We do not use text messages for any purpose not included in this system and will not respond to text messages sent to us that do not comply with appropriate action codes. A SMS message does not constitute an official record for the Account to which it pertains. WCB reserves the right to terminate this service or begin charging a fee for this service at any time without prior notice to you, except where required by law. All provisions of any agreements or disclosures previously made pertaining to your Account(s) remain in effect and are not superseded or amended by this Agreement.
14. NO FEES TO ACCESS ONLINE BANKING. There is no fee or charge assessed by us for you to register for or access the Online Banking. (We may assess fees or charges in the future; you will receive notice of such fees or charges, as required by law.) You may, however, incur charges to receive Internet service on your Mobile Device. You may also incur charges from your wireless carrier when sending and receiving text messages. You will be responsible to your wireless carrier for any such Internet or text messaging charges.
16. EXPERT CONTROL & INTERNATIONAL USE. The United States controls the export of products and information containing encryption ("Controlled Technology"). You agree to comply with such restrictions and not to export or re-export any Controlled Technology within the Service to countries or persons prohibited under the Export Administration Regulations ("EAR"). By downloading any products or information from this Service, you are agreeing that you are not in a country where such export is prohibited and that you are not a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any products or information subject to the EAR. We do not make any representation that any content or use of the Service is appropriate or available for use in locations outside of the United States. Accessing the Service from locations where its contents or use is illegal is prohibited by WCB. Those choosing to access the Service from locations outside the United States do so at their own risk and are responsible for compliance with local laws.
17. PROPRIETARY RIGHTS. Other than your materials and account information, all content received on the Online Banking is the exclusive property of Western Commerce Bank and/or its licensors and is protected by copyrights or other intellectual property rights.
18. YOUR RESPONSIBILITIES.
(a) PROVIDING HONEST AND ACCURATE INFORMATION UPON REGISTRATION. You agree to provide true, accurate, current, and complete information about yourself as requested in registering for the Service, and you agree to not misrepresent your identity.
(b) NO ILLEGAL USE OF THE ONLINE BANKING. You agree not to use the Service to conduct any business or activity or solicit the performance of any activity that is prohibited by law or any contractual provision by which you are bound with any person. You agree to comply with all applicable laws, rules, and regulations in connection with the Service.
(c) PROMPT NOTIFICATION OF THEFT OR DESTRUCTION OF EQUIPMENT. You agree to notify us within two Business Days in the event you lose, change, or destroy the device whose phone number is registered with the Online Banking.
(d) NAMING OF ACCOUNTS. You agree not to use any personally-identifiable information when providing shortcuts or creating nicknames to your Accounts.
(e) DUTY TO INSPECT. You shall inspect all transaction history, reports, journals, and other material evidencing the output of the service(s) performed by WCB. You must report all errors to WCB for services performed and indicated in the transaction history, reports, journals, and other material evidencing the output of the service(s) or otherwise reported to you daily by the close of business on the banking day following the day on which the Service(s) is rendered. You must report all other errors within a reasonable time not to exceed fourteen days (14) days from the date that the error is made as stated on our bank statements. Your Failure to promptly report errors within such specified time shall preclude you from asserting against WCB any claims arising from the error or any loss caused by the error.
19. WCB'S RESPONSIBILITIES. WCB agrees to use ordinary care in rendering Services under this Agreement. You recognize and agree that ordinary care does not mean error free. You agree to pay all attorneys’ fees, costs and expenses WCB may incur in collecting any sums you owe to WCB for overdrafts, service charges or otherwise or in enforcing any rights WCB may have under the terms of this Agreement or applicable law, rule or regulation applicable to your account(s) or the Services rendered by WCB under this Agreement. You also agree to pay all attorneys’ fees, costs and expenses that WCB may incur as the result of defending any claim or action made against WCB by you, or on your behalf where WCB is found not to be liable for such claim. In no event shall WCB be liable to you for attorneys’ fees incurred by you in any action brought by you against WCB.
Our sole responsibility for an error in a transfer will be to correct the error. Without limiting the generality of the forgoing, we will not be responsible for the following matters, or for errors or failures of our Services as result of:
(a) ACCESS. We will not be liable under this Agreement for failure to provide access or for interruptions in access to our Services due to a system failure or due to other unforeseen acts or circumstances.
(b) YOUR MOBILE DEVICE & YOUR SOFTWARE. We will not be responsible for any errors or failures from any malfunction of your Mobile Device or any malicious software or other problems related to the Mobile Device used with our Services.
We are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your mobile browser (Internet Explorer Mobile®, Safari®, Opera Mini™/Opera Mobile™ or otherwise), your mobile service provider, your personal financial management or other software (such as Quicken® or Microsoft Money®), or any equipment you may use to access or communicate with the Service.
(c) OTHER. Any Transaction or instruction that: (i) exceeds your collected and available funds on deposit with WCB; (ii) is not in accordance with any condition indicated by you and agreed to by the WCB; (iii) WCB has reason to believe may not be authorized by you; (iv) involves funds subject to hold, dispute, or legal process preventing their withdrawal; (v) would violate any provision of any present or future risk control program of the Federal Reserve or any current or future rule or regulation of any other federal or state regulatory authority; (vi) is not in accordance with any other requirement stated in this Agreement or any WCB policy, procedure or practice; or, (vii) for the protection of WCB or you, WCB has reasonable cause not to honor.
20. CONTACT INFORMATION/HOURS OF OPERATION. In case of questions about the Service or your electronic transactions contact customer service at: 1-800-922-9028 or email us at email@example.com.
Our representatives are available to assist you from the hours of 8:00 a.m. to 5:00 p.m. Mountain Time, Monday through Friday, except federal holidays.
21. AUTHORITY AND JOINT ACCOUNTS. You hereby represent and warrant that you have full right, authority and power to execute, deliver and perform this Agreement. If this account is a joint account, you are jointly and severally liable under this Agreement. Each of you acting alone may perform transactions, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of, or notify either of you. However, each of you will only be permitted to access accounts for which you are an owner or secondary owner.
Each of you individually releases us from any liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your Mobile Banking account. Each of you agrees to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable attorney’s fees) arising from any such claims or actions.
22. INTERNET DISCLAIMER. For any service(s) described in the Agreement utilizing the Internet, WCB does not and cannot control the flow of data to or from WCB's network and other portions of the Internet. Such flow depends in large part on the performance of Internet Services provided or controlled by third parties. Actions or inactions of such third parties can impair or disrupt your connections to the Internet (or portions thereof). WCB cannot guarantee that such events will not occur. Accordingly, WCB disclaims any and all liability resulting from or related to such events and in no event shall WCB be liable for any damages (whether in contract or in tort) that are attributable to the public Internet infrastructure, your ability to connect to the Internet, or WCB's ability to connect to the Internet on your behalf.
23. LIMITED LIABILITY. YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH USING A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED.
IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR THE ONLINE BANKING), INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ONLINE BANKING EVEN IF YOU, WCB, OR WCB’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF WCB AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED BY WCB ON AN “AS IS” BASIS.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WCB MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY WCB EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO.
WCB MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY MOBILE DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR MOBILE SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF WCB’S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WCB SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR MOBILE DEVICE HARDWARE OR SOFTWARE, FOR THE QUALITY OF PERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY WCB TO YOU IN CONNECTION WITH THIS AGREEMENT, OR FOR THE TRANSMISSION OR FAILURE OF TRANSMISSION OF ANY INFORMATION FROM YOU TO WCB OR FROM WCB TO YOU. WCB SHALL NOT BE RESPONSIBLE FOR NOTIFYING YOU OF ANY UPGRADES OR ENHANCEMENTS TO ANY OF YOUR MOBILE DEVICE HARDWARE OR SOFTWARE.
24. RELATIONSHIP OF PARTIES. You and WCB acknowledge and agree that the relationship of WCB and you is that of an independent contractor and that this Agreement does not establish or create a general agency, joint venture, partnership, or employment relationship between them.
25. FORCE MAJEURE. WCB shall not be responsible for any liability, loss, or damage resulting from WCB's failure to perform any Service or to perform any other obligations under this Agreement which is caused by an act of God, fire, floods, adverse weather or atmospheric conditions or other catastrophes; war, sabotage, riots, acts of public enemy, or acts of governmental authority or the Board of Governors of the Federal Reserve; labor difficulties; equipment or computer failure or destruction or the unavailability, interruption, or malfunction of communications facilities or utilities; delays or failure to act by you or third parties and their personnel; criminal acts; or generally any cause reasonably beyond WCB's control.
26. INDEMNIFICATION. In addition to the indemnification and liability provisions contained elsewhere in this Agreement, the following provisions apply: You agree to indemnify, defend, and hold WCB and our affiliates, officers, directors, employees, consultants, agents, Online Banking providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from damages that result from misuse or loss of your phone or misuse of the Service. You will be liable for, hold harmless, and will indemnify WCB, and their employees and agents from and against all claims of any sort by third parties or others arising out of this Agreement, including all losses and expenses incurred by WCB arising out of your failure to report required changes, transmission of incorrect data to WCB, or failure to maintain compliance with all laws, regulations and rules. Except for those losses caused directly by WCB’s failure to act in good faith, you agree to indemnify and hold WCB, its officers, directors, shareholders, agents, employees, and affiliates, and their respective officers, directors, agents and employees, harmless from and against any and all losses, costs, suits, damages, claims, liabilities and expenses (including reasonable attorneys’ fees) arising from or related in any way to (i) any services performed in connection with this Agreement, (ii) WCB’s action or inaction in accordance with or reliance upon any instructions or information received from any person reasonably believed by WCB to be an authorized representative of you or Authorized User, (iii) your breach of any of your covenants, agreements, responsibilities, representations or warranties under this Agreement, and/or (iv) your breach of applicable laws, rules or regulations.
27. AREA OF SERVICE. The Services described in this Agreement are solely offered to citizens and residents of the United States of America and may not be accessed while outside of the United States of America.
28. PROGRAM REVISIONS. We may, from time to time, revise or update, or perform maintenance upon, our program, the Services, and/or related material, resulting in interrupted service or errors in the Services or rendering prior versions obsolete. We also may need to change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We reserve the right to terminate this Agreement as to all prior versions of our programs, the Services, and/or related material and limit access to our more recent versions and updates. Use of the Service after the effective date of any such revisions, updates, and/or changes will constitute your consent to the same.
29. NOTICES. All notices required under this Agreement shall be sent in writing or electronically by a telecommunications device capable of creating a written record and delivered, mailed, or made available to you at the most recent address on file with WCB and to us at the address set forth herein or to such other address as such party may designate from time to time. All notices shall be effective upon mailing or electronic transmission.
30. TERMINATION. This Agreement will be in effect from the date your registration is submitted by you and accepted by WCB and at all times while you are using the Online Banking. Either you or WCB may terminate this Agreement and your use of the Service or any product within the Service at any time with or without notice. All applicable provisions of this Agreement shall survive termination by either you or WCB.
31. LIABILITY FOR TRANSACTIONS COVERED BY REGULATION E (CONSUMER ACCOUNTS). To the extent a transaction is an “electronic fund transfer” under Consumer Financial Protection Bureau Regulation E, tell us IMMEDIATELY if you believe your Password has been lost or stolen, or if you believe that a Mobile Banking transaction has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. Call your local branch or our toll-free number 1-800-922-9028 (Carlsbad Location) during our normal business hours (Monday through Friday, excluding holidays, from 8:00 a.m. until 5:00 p.m. Mountain Time) or write us at Western Commerce Bank, 127 S. Canyon, Carlsbad, NM. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) Business Days after you learn of the loss, theft, or unauthorized transaction, you can lose no more than $50.00 if someone used your Access Code or made a transaction without your authorization.
If you do NOT tell us within two (2) Business Days after you learn of the loss, theft, or unauthorized transaction, and we can prove we could have stopped someone from using your Access Code or the Service without your authorization if you had told us, you could lose as much as $500.00. You could also lose up to an additional $50.00 if the Funding Account has an overdraft protection line of credit feature. Also, if your statement shows a transaction that you did not make or authorize, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed, electronically transmitted, 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 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 periods as may be reasonable under the circumstances.
32. WCB'S FAILURE TO COMPLETE TRANSACTIONS (CONSUMER ACCOUNTS). To the extent that a Online Banking transaction is an “electronic fund transfer” under Consumer Financial Protection Bureau Regulation E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs:
• Through no fault of ours, you do not have sufficient collected funds in the Payment Account to complete the transaction;
• The transaction would exceed the credit limit on any overdraft line of credit linked to the Payment Account; if available and you are signed up for it.
• Your Mobile Device, Internet service provider, Cellular service provider, telephone line, modem, router, or other equipment is not operating properly;
• The Service is not working properly and you were aware of the malfunction when you initiated the transaction; or if WCB notified you.
• You do not properly follow the instructional materials provided in connection with Mobile Banking;
• You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date;
• You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions stored on your Mobile Device or the host system have been lost;
• A Payee mishandles or delays the handling of Payments sent by us;
• Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction;
• Your Access Code has been reported lost or stolen;
• We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal;
• You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Payment Account;
• Your Mobile Device service has been disconnected or there are deficiencies in the quality of your mobile data transmissions;
• Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction;
• Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or
• Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages).
There may be other exceptions to liability stated in this Agreement, or in other agreements we have with you, or otherwise provided by applicable law.
33. ERROR RESOLUTION (CONSUMER ACCOUNTS). In case of errors or questions about your electronic transfers, a transaction listed on your statement or appearing on the account activity screen of your PC and/or Mobile Device, telephone us at 1-800-92-9028, we must hear from you no later than fourteen (14) days after we sent the FIRST statement on which the problem or error appeared or you received notification of the problem or error on your PC and/or Mobile Device.
34. You must:
• Tell us your name and the Account number.
• 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.
• Tell us the dollar amount of the suspected error.
• If the suspected error relates to a bill payment made via the Mobile Banking Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question.
• 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 (twenty (20) Business Days for transactions that have occurred within 30 days after the first deposit to the account) after we hear from you and will correct any error promptly. If we require more time, however, we may take up to forty-five (45) days (ninety (90) days for point-of-sale transactions, transactions initiated outside the United States, or transactions that have occurred within 30 days after the first deposit to the account) to investigate your complaint or question. If this additional time is necessary, and your written notification has been received by us, we will credit your account within ten (10) Business Days (twenty (20) Business Days for transactions that have occurred within 30 days after the first deposit to the 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 (twenty (20) Business Days for transactions that have occurred within 30 days after the first deposit to the account), we will not credit your account and we will still have up to forty-five (45) days (ninety (90) days for point-of-sale transactions, transactions initiated outside the United States, or transactions that have occurred within 30 days after the first deposit to the account) for our investigation.
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.
35. GOVERNING LAW. These terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions and without regard to your state of residence.
36. ENFORCEMENT. In the event a dispute arises either directly or indirectly, under this Agreement, the venue for any and all litigation resulting therefrom shall be in a court of appropriate jurisdiction in New Mexico. The prevailing party in any such action shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney’s fees (which may be or include the allocable cost of in-house counsel) and costs, including fees for any litigation, arbitration, mediation, appeal, or bankruptcy proceedings, and any post-judgment collection actions, if applicable.
37. MISCELLANEOUS PROVISIONS.
(a) Headings. The headings and captions contained in this Agreement are included only for convenience of reference and do not define, limit, explain, or modify this Agreement or its interpretation, construction, or meaning.
(b) Severability. The holding of any provision of this Agreement as invalid, illegal, or unenforceable, in whole or in part, shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
(c) Waiver. No waiver by WCB (whether or not in writing) of any term, condition, or obligation of you shall bind WCB to waive the same term, condition, or obligation again, nor shall any other provision, condition, term, or obligation hereof be affected by such a waiver.
(d) Binding Effect. This Agreement shall inure to the benefit of and be binding upon the successors, heirs, trustees, and permitted assigns of the parties hereto.
(e) Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter hereof. All contemporaneous agreements or understandings concerning the subject matter hereof, whether oral or written, are merged into this Agreement.
(f) Transfers and Assignments. You cannot transfer or assign any rights or obligations under this Agreement without WCB's written consent. WCB may assign its rights and delegate its duties under this Agreement to a company affiliated with WCB or to any other party.