Online Banking and Bill Payment Agreement and Disclosure - June 1, 2010
Please read this Online Banking and Bill Payment Agreement and Disclosure. You may also print a copy to retain for your reference. After reading, to proceed, click the "Accept" button or the "Decline" button at the end of this document.
This Online Banking and Bill Payment Agreement and Disclosure "Agreement" for accessing your Borrego Springs Bank accounts is provided for your information. Please read it carefully as it pertains to your accounts and Internet service we offer.
For the purpose of this Agreement, the following definitions apply. The terms, "We", "Us", "Our" and "Bank" refer to Borrego Springs Bank and the terms "You" and "Your" refers to you, as an account holder at Borrego Springs Bank. "Online Banking" is the Internet-based service providing access to your account(s) and "Bill Payment" is our optional service allowing you to schedule payments through the Internet for current, future and recurring bills from your Borrego Spring Bank checking account. Time of day references are to U.S. Pacific Standard Time and "Business Days" are Monday through Friday, excluding holidays.
You agree to the terms and conditions in this Agreement and each time you access our Online Banking and Bill Payment services, you confirm your agreement to abide by this Agreement. We may amend this agreement at any time or from time to time, without notice. This Agreement will be posted on our Online Banking site and you should review this Agreement before using these services. Borrego Springs Bank has the right to introduce, change, remove or replace any Online Banking or Bill Payment services. By using any new or additional services, you agree to be bound by the terms and conditions contained in this Agreement at that time in addition to any other agreements or fees applicable to your accounts or services which you received at account opening.
This Agreement will be governed by and interpreted in accordance with federal law and regulations and by the laws of the State of California.
2. How to Reach Us
If you have any questions or comments, please feel free to contact us at
one of our branch locations:
Borrego Springs Bank
587 Palm Canyon Drive, Suite 101
Borrego Springs, CA 92004
La Mesa Branch
7777 Alvarado Road, Suite 114
La Mesa, CA; 91942
5005 Willows Road, Suite 212
Alpine, CA 91901
If you cannot call us or come in person, you can write to us at:
Borrego Springs Bank
7777 Alvarado Road, Suite 515
La Mesa, CA 91942
4. Your Online Banking Protection
For your Online Banking Protection, we have several layers of security to ensure the safety and security of your Online Banking transactions. To log onto Online Banking for the first time, you will need your Borrego Springs Bank account number, last four (4) digits of your social security number or your Telebanc password if you are a Telebanc user. You will be required to read and Accept the Online Banking and Bill Payment Agreement and Disclosure before you can proceed to log onto the Online Banking system. As part of the First Time User process, you will be prompted to change the Access ID (it can be anything you enter) and set a new password according to the parameters described on the screen. You will then enter your email address and be assigned an authentication image. You will enter an Authentication Pass Phrase under the authentication image. You will also answer a few security questions and choose the type of computer you are registering. We suggest that you do not register any public access computer.
Once you have completed the secure log in procedure, the next time you log on you will enter your Access ID and click Login. You will see your Authentication Image and your pass phrase, which is the indicator that you are connected to our secure Online Banking site and you can proceed to enter your password. If your Authentication Image and your pass phrase do not appear – DO NOT PROCEED or enter any information. Close your browser and try again. If you are unable to connect and receive your Authentication Image and pass phrase, contact the Bank immediately.
For your protection, we recommend that you frequently change your password for Online Banking using the Change Password button. We recommend that you do not use a password that is easy to guess such as your children’s or pet’s names, birth dates, phone numbers or any other easily recognizable piece of identification. We also recommend that you do not have your browser remember your password.
To guard against unauthorized use of your Access ID and Password, the Online Banking system disables the password indefinitely on the third attempt. You must contact the Bank to reestablish the password for your account(s). You can reach us at (619) 668-8147 to report the problem.
You are responsible for keeping your password and account data confidential and you agree not to allow anyone to gain access to Online Banking or your password used with the service. IF YOU AUTHORIZE SOMEONE ELSE TO USE YOUR PASSWORD, YOU ARE RESPONSIBLE FOR ALL TRANSACTIONS WHICH THAT PERSON INITIATES AT ANY TIME, EVEN IF THE AMOUNT OF THE TRANSACTIONS OR NUMBER OF TRANSACTIONS EXCEEDS WHAT YOU AUTHORIZED.
Contact Borrego Springs Bank AT ONCE if you believe your Password or Access ID has been compromised or if someone has transferred or may transfer money from your account without your permission. If you have identified any unauthorized transfers on your account statements, phone us immediately at (619) 668-8147 to minimize your potential losses. You may write to us at: Borrego Springs Bank, 7777 Alvarado Road, Suite 515, La Mesa, CA 91942 to report the problem.
5. Account Access/Limitations
Online Banking is an Internet-enabled service provided to our customers. By using Online Banking with your Access ID and password, you can:
- Make account inquiries
- Check account balances
- Transfer funds between your savings, checking and money market account
- Access your current account statement(s)
- Enter stop payments
- Download account history into personal financial management software, such as Quicken and Microsoft Money
- Make online bill payments from your checking account
Available services may be added or cancelled at any time. We will update this Agreement to notify the existence of new services. By using these services when they become available, you agree to abide by the rules contained in this Agreement.
You can use Online Banking, Bill Pay service or Telephone Banking, seven days a week, 24 hours a day, however from time to time these services may not be available due to system maintenance.
Online Banking transfers must be completed prior to 5:00 P.M. for same day credit and Bill Payments are processed Monday through Friday at 11:00 A.M. except on holidays and are limited to $7,500 per payment. See section 10 for additional Bill Payment restrictions.
Pursuant to federal regulations, you are limited to the number of certain transactions you can make on your savings and or money market accounts. You may make no more than six (6) transfers to another account or to a third party by pre-authorized, online transfers, point of sale, (POS) automatic transfers, telephone transfers, fax request, voice response requests, ACH (Automated Clearing House-electronic transactions), or checks per month.
Online transfers are transactions between accounts initiated through Online Banking. Telephone transfers are transfers between accounts initiated by a personal telephone call or by using our 24-hour Telephone Banking system. Pre-authorized withdrawals are transfers made according to a specific agreement between a customer and us or another party. (Examples of preauthorized withdrawals are regular electronic payments from savings made to a third party, such as health clubs, insurance companies, etc.) Check access refers to any checks you write on your Money Market account.
If you have established two or more deposit accounts with Borrego Springs Bank and use the online transfer feature, a session that ends after 5:00 pm shall be made from collected funds and shall be available for withdrawal from the account into which the transfer is made as of the next business day.
6. Our Liability for Failure to Make Transfers
Borrego Springs Bank agrees to make reasonable efforts to ensure full performance of the Online Banking system. Borrego Springs Bank will be responsible for acting only on those instructions sent through Online Banking, which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under our control, which may affect the accuracy or timeliness of messages you send. Borrego Springs Bank is not responsible for any losses incurred should you give incorrect instructions, or if your transfer instructions are not given sufficiently in advance to allow for timely processing.
Any information you receive from Borrego Springs Bank or other information providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Borrego Springs Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
Neither Borrego Springs Bank nor other information providers are responsible for any computer virus or related problems, which may be attributable to services provided by your Internet access provider.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. Borrego Springs Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
Except as otherwise provided in the Borrego Springs Bank’s responsibility section below, and in the absence of negligence on the part of Borrego Springs Bank neither Borrego Springs Bank, any Other Information Provider, nor Other Software Supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of Online Banking.
We are not responsible for losses if:
- Through no fault of Borrego Springs Bank, you do not have enough money in your account to make the transfer.
- Through no fault of Borrego Springs Bank, the transaction would have caused you to exceed your available credit.
- Circumstances beyond our control (e.g., Fire, Flood, Power outages, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
- There is a hold on your account, or if access to your account is blocked in accordance with bank policy.
- Your funds are subject to legal process or other encumbrance restricting the transfer.
- Your transfer authorization terminates by operation of law.
- You believe someone has accessed your accounts without your permission and you fail to notify us.
- You have not properly followed the scheduling instructions on how to make a transfer in this agreement.
- We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
- We believe that unauthorized use of your Password or Account has occurred or may be occurring or if you default under this Agreement, the Deposit Account Agreement or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and not be liable for any incidental or consequential damages.
If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may have been completed or to correct or to incorrect transactions that have been processed.
7. In Case of Errors of Questions About Your Online Banking Transfers (Consumer Accounts Only)
In case of errors or questions about your online transactions, bill
payments, or similar transactions or account activity, contact us in
writing, as soon as possible, at:
Borrego Springs Bank
7777 Alvarado Road, Suite 515
La Mesa Ca 91942
We must hear from you no later than (60) days after we have sent the FIRST statement on which the problem or error appeared. We will need you to provide to Borrego Springs Bank the following information:
- Your name and your account number;
- Describe the error or the EFT you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send us complaint or question in writing within (10) business days.
We will determine whether an error occurred within ten (10) business days, (five (5) business days if involving a Visa® transaction or twenty (20) business days if the transaction involved a new account) after we hear from you and will correct any error promptly. If we need more time, we may take up to forty-five (45) days, (ninety (90) days if the transaction involved a new account, POS or a Foreign transaction) to investigate your complaint or questions. If we decide to do this, we will provisionally credit your account within ten (10) business days five (5) business days if involving a Visa transaction and twenty (20) business days if the transaction involved a new account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account. An account is considered a new account for thirty (30) days after the first deposit is made, if you are a new customer.
We will send you a written explanation of our findings within three (3) business days after we complete our investigation. The explanation will include a notice of the date we completed our investigation and the date and amount of the item in question. If our investigation reveals that no error occurred and we debit the provisional credit, we will continue to honor any third party checks or pre-authorized transfers for a period of five (5) business days to the extent that they would have been paid if the provisional credit had not been debited.
You may request copies of the documents that were used in our investigation.
8. Liability for Unauthorized Use (Consumer Accounts Only)
If you believe that your Password and/or Access ID (including ATM/POS card or PIN), has been lost or stolen or discovered by an unauthorized person and you notify us within two (2) business days of the loss or theft, you can lose no more than $50. If you do NOT notify us within two (2) business days after learning of the loss or theft of your Password, Access ID, ATM/POS Card or PIN, and we can prove that we could have prevented someone from accessing your accounts via one of the above without your permission, you could lose as much as $500.
Also, if your statement reflects any electronic transactions that you did not make or authorize, notify Borrego Springs Bank AT ONCE. Failure to notify the Bank within (60) days after the statement was mailed to you may result in zero compensation for any losses you sustain if Borrego Springs Bank can prove that we could have prevented someone from accessing your account(s) if you had notified us in time. If a good reason (such as a long trip or hospital stay) prevented you from notifying the Bank, we will extend the time periods.
If you authorize someone else to use your Password, Access ID, PIN, you are responsible for all transactions, which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorize.
9. Stop Payments
You may initiate stop-payment requests online only for paper checks you have written (non-electronic items) and have not previously paid on your account. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number and amount. If you want to stop a range of check numbers (lost or stolen), please contact your branch office. Stop payments are effective for six (6) months. You will incur stop-payment charges as disclosed in the current fee schedule.
10. Bill Payment Service
When you use our Bill Payment system, you must designate a specific checking account to process the transactions through. We do not permit Bill Payments from savings or money market accounts because federal regulations require us to limit the number and types of transfers from money market and savings deposit accounts. The Bill Payment system is intended for use only by individuals or sole proprietors. Requirements for dual signatures on checks do not apply to the Bill Payment service.
You can use the Bill Payment service to make payments to almost any Payee or Merchant, including local service providers, utilities, credit cards, mortgage companies, charitable donations, etc.
The Bill Payment service cannot be used to make payments for the following:
- Tax payments to the Internal Revenue Service or any state, local or other government agency;
- Court-ordered payments such as child support or alimony; and
- Payees located outside the United States.
By furnishing us with the names of your Payees (Merchants and/or individuals) and their addresses, you give us authorization to follow the Payment instructions, which you provide to us. When we receive a Payment instruction for the current date or a future date, we will remit the funds to the Payee on your behalf from the funds in your designated Account, on the day you have instructed them to be sent ("Payment Date"). We are not obligated to pay funds from your Account if the available Account balance is insufficient to cover the Payment. Funds for ALL bill payments, whether paid electronically or by check, will be withdrawn from your Account no later than three (3) business days following the Payment Date.
We are not responsible if a Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant, or if you attempt to pay a Merchant that is not on your Merchant Accounts list.
If there are insufficient funds in your account to make the bill payment request, we may either refuse to make the payment, make the payment and transfer funds from any overdraft protection account you have established, or make the transfer or payment and overdraw your account. If there are available funds to cover some, but not all, of the bill payment request, we may process the bill payment request for which there are sufficient available funds in any order we may choose at our sole discretion. In accord with your deposit account agreement, you are responsible for any non-sufficient funds (NSF) and overdraft charges that may apply. We reserve the right to refuse to process payment instructions that reasonably appear to us to be fraudulent or erroneous. We will withdraw the designated funds from your account for the bill payment transfer by midnight of the processing date.
You may use the Bill Payment Service to authorize recurring payments or non-recurring payments. Recurring payments are payments that you schedule in advance to recur at substantially regular intervals in the same amount to the same Payee. Recurring Payments may be scheduled for up to ten (10) years. Non-recurring Payments are a single, one-time Payment to a specified Payee. Non-recurring Payments may be scheduled to be initiated up to eighteen (18) months in advance.
We limit the amount of each individual Bill Payment transaction to $7,500.
Payments are processed Monday through Friday at 11:00 AM, except on Federal holidays. If you attempt to schedule a Payment on a weekend or Federal holiday, you will be prompted to select a different date, or the Payment will be processed on the preceding business day if it is an auto recurring Payment. The Payment method may be electronic or by check. The first Payment to a Merchant must be scheduled at least five (5) business days prior to the due date for each Payment (recurring or variable) to allow adequate time for the Payment to reach the Payee. The due date is the date the Merchant has designated for payment, and should not be adjusted for any grace period or late date accommodations the Merchant may provide. Once the Service has been notified whether a Merchant accepts electronic payments or requires a paper check, after making the first Payment to that Merchant, the Service will display a message indicating that the Merchant requires either a two (2) day lead time for an electronic payment, or a five (5) day lead time if a paper check sent by regular mail is required.
Any Payments made with the Bill Payment Service require sufficient time for your Payee to credit your Account with them properly. To avoid incurring a finance charge or other charge, you must schedule a Payment sufficiently in advance of the due date of your Payment. If you fail to schedule your Payment according to the recommended timeframe, we will not be responsible for the late fees or finance charges. We will not be liable if any third party, through whom any Payment is made, fails to properly transmit the Payment to the intended Payee.
You agree to have available collected funds on deposit in the Account you designate in amounts sufficient to pay for all Payments requested, as well as any other payment obligations you have to us. We reserve the right, without liability, to reject or reverse 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 your designated Account and we have not exercised our right to reverse or reject a Payment, you agree to pay for such payment obligations on demand. You further agree that we, at our option, may charge any of your accounts with us to cover such payment obligations.
Stop or Change Payments
You may cancel or edit a bill payment instruction under certain circumstances. If you discover an error or want to change a payment instruction (i.e. payment date or payment amount) for a periodic or automatic bill payment you have already scheduled for transmission through the Bill Payment service, you may electronically edit or cancel the request as long it is as prior to 11:00 AM on the business day the Payment is going to be processed.
We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to the time the check has cleared. Once the Payment has cleared, you can no longer stop payment.
If all Payment guidelines were followed and a Payment is still posted late to your Account with a Merchant resulting in a late fee, at our discretion, we will make an attempt to have the Merchant waive the late fees. If the Merchant is unwilling to waive late fees, up to $50 in late fees assessed by the Merchant will be covered by us. However, due to factors beyond our control such as the U.S. Mail and payment processing at the Merchant, it is not guaranteed that a Payment will post on the fifth business day (or second, if issued electronically). It is imperative to note that Merchant grace periods are not taken into consideration, and if adequate lead time prior to the payment due date was not allowed by you in scheduling the Payment this Guarantee is void.
NOTE: If the Merchant is not willing to discuss late fees or status of the account with us, you will be notified and advised that the Merchant requires your authorization before further discussions can occur between us and the Merchant.
You are solely responsible for controlling the safekeeping of and access to your Bill Payment information. 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 change your Online Banking logon password. In the event that you have experienced unauthorized access to our Bill Payment, you must notify us of the unauthorized access, identify any Payments made or potential Payments scheduled, and change your logon information.
You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. We are not responsible for a Payment that is not made if you did not properly follow the instructions for making the Payment. We are not liable for any failure to make a Payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a Payment. We are 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 our agent.
In any event, we will not be liable for any special, indirect, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if we have knowledge of the possibility of them. We are not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond our reasonable control.
If you do not access or use the Bill Payment Service for a period of more than ninety (90) days, we may in our sole discretion, terminate your access to and use of the Bill Payment Service without notice to you.
We reserve the right to terminate your use of Bill Payment at any time without prior notice to you.
If, for any reason, you should want to terminate your use of our Bill Payment Service, we recommend that you cancel all future Payments and transfers at the same time you terminate the Service, either by deleting the Payments yourself or by contacting the Bank as stipulated below. We will delete all outstanding payments (both one-time and recurring), as part of your Service termination.
We are not responsible for any fixed Payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any and all Payments made by us on your behalf through the Bill Payment Service.
Should you opt to discontinue any of the Accounts or Services to which
this Agreement pertains, written notice must be provided to us
Borrego Spring Bank
7777 Alvarado Road, Suite 515
La Mesa, CA 91942
10. Provisions Applicable to Businesses
By using the Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions, which are commercially reasonable. You agree that we may send notices and other communications to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Borrego Springs Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.
You agree to:
- Keep your Password and security tokens (if applicable) secure and strictly confidential;
- Instruct each person to whom you give Online Banking access, that their Password and security token (if applicable) is not to be disclosed to any unauthorized person; and
- Immediately notify us and select a new Password if you believe your Password may have become known to an unauthorized person.
The Bank Will Have No Liability To You For Any Unauthorized Transfer Made using your Password That Occurs Before You Have Notified Us Of Possible Unauthorized Use And We Have A Reasonable Opportunity To Act On That Notice
If we fail or delay in making a transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount which we failed to transfer, calculated from the date on which the transfer was to be received until the date it was actually made or you canceled the instructions.
If we make payment or transfer in an erroneous amount which exceeds the amount per your instructions, if we permit an unauthorized transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously transferred, plus interest thereon from the date of the transfer to the date of the refund, but in no event to exceed (60) day’s interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each interest is due, computed on the basis of a 360-day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEY’S FEES, EVEN IF WE ARE ADVISED IN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
11. Office of Foreign Asset Control
Under the Bank Secrecy Act, the Bank is prohibited from transacting business with person or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons or entities blocked by OFAC.
12. Fees and Charges
There are no fees or charges for accessing your account through Online Banking or Bill Payment service. Other fees, as described in your Schedule of Fees and Charges (prior of which you acknowledge), may apply.
13. Other General Terms
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 Borrego Springs Bank, as described in your Schedule of Fees and Account Terms and Conditions Agreement, which you received at the time your account was opened. Your use of the Online Banking system is your acknowledgement that you have received these agreements and intend to be bound by them.
In the event that any portion of this Agreement is held by a court to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.
Right to Terminate Agreement/Services
Borrego Springs Bank reserves the right to modify or terminate this Agreement, access to Online Banking or other electronic services in whole or in part, at any time. You may cancel this Agreement at any time by notifying Borrego Springs Bank by one of the following methods:
- By calling (619) 668-8147 9:00 am - 4:00 pm Monday through Friday;
- By writing a letter and taking it to your local branch, or
- By writing a letter and sending it to the following address: Borrego Springs Bank, 7777 Alvarado Road, Suite 515, La Mesa CA 91942.
Canceling this Agreement will remove Online Banking, Bill Payment and other electronic services but will not terminate your accounts with Borrego Springs Bank.
If you do not access Online Banking any consecutive sixty (60) day period, your password will convert to inactive status. If your password becomes inactive, you must contact us to have the password re-activated before you will be able to access Online Banking or schedule any transactions or payments.
14. Borrego Springs 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, Borrego Springs Bank, or by Internet browser providers such as Netscape, Microsoft, Internet service providers, online service providers or any agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for a direct, indirect, special or consequential economic or other damages arising in any way from the installation, download, use or maintenance of the equipment, software, online banking or Internet browser or access software.
We invite you to print a copy of this 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 (619) 668-8147 during business hours.
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To continue, click the Accept button to accept the terms in this Agreement. If you do not agree with the terms in this Agreement, click the Decline button to return to our website and you will not be granted access to our Online Banking or Bill Payment system.