FIRST MOUNTAIN BANK
AGREEMENT FOR ELECTRONIC DELIVERY OF
INTERNET BANKING SERVICES AGREEMENT
Terms and Conditions
This agreement is made between you and First Mountain Bank and provides your
consent to receive the First Mountain Bank Internet Banking
Services Agreement (Agreement) by electronic delivery.
You are electing to receive and accept the Agreement
electronically. There is no charge for electronic delivery
of the Agreement. If you choose not to accept electronic
delivery of the Agreement, you will not be able to access
First Mountain Bank’s Internet Banking Services.
Once you have accepted the electronic delivery of the
Agreement, you cannot rescind your acceptance of the electronic
delivery of the Agreement.
First Mountain Bank has the right to amend the Agreement
from time to time, in which case you will be required
to electronically receive and accept the revised terms
and conditions. If you choose not to electronically receive
or accept the revised Agreement, you will no longer be
able to use First Mountain Bank’s Internet Banking
The Agreement can be printed or saved to a file on your
computer for easy storage.
Adobe Acrobat Reader® version 9.0 or higher is required
to open and view the Agreement. We also recommend that
you use the latest browser version available that supports
128 bit SSL Encryption.
Acrobat and Reader are registered trademarks of Adobe
Systems Incorporated in the United States and in other
countries. THIS PRODUCT IS NOT ENDORSED OR SPONSORED BY
ADOBE SYSTEMS INCORPORATED, PUBLISHER OF ACROBAT READER.
Selecting the option “I accept” and my use
of this service signifies that I have read and accepted
all the terms and conditions listed above.
FIRST MOUNTAIN BANK
INTERNET BANKING SERVICES AGREEMENT
Terms and Conditions
First Mountain Bank (BANK) agrees to provide certain Internet Banking Services (Internet Banking or Services) to you, the Customer. BANK grants to Customer a non-exclusive license to use the system program for the purpose of accessing First Mountain Bank's Internet Banking and to use those components of the program selected by you, all subject to and in accordance with the terms and conditions of this Agreement (Agreement), together with the Deposit Account Agreement(s), and any written application for First Mountain Bank's Internet Banking Service, all as may be amended from time to time.
These Terms and Conditions, including use of the Services, are subject to the
provisions of any software license agreement(s) whether
or not executed by Customer, regulations, any Automated
Clearing House (ACH) operating rules (specifically including
but not limited to the National Clearing House Association
(NACHA) Operating Rules and Guidelines) (collectively, ACH
Rules) and by Division 11 of the California Uniform Commercial
Code. Capitalized terms shall have the meaning as set forth
in this Agreement, including those provided under DEFINITIONS
or, if applicable, in the ACH Rules, or Division 11 of the
Uniform Commercial Code.
Customer agrees to comply with all applicable state
or federal law in connection with its use of the Services
and the fulfillment of its obligations under this Agreement.
Customer acknowledges that the system may not be used
in violation of ACH Rules, and that entries originated
by Customer must comply with the laws of the United States,
including sanctions laws administered by the Office of
Foreign Assets Controls.
1. USE OF INTERNET BANKING
You may gain access to internet banking through the use of your personal computer which has internet access, along with your BANK Access Devices, which include a BANK assigned ID and a Password.
To be able to use internet banking, you will, at your own cost and expense, obtain, install and at all times during your utilization of this Service, maintain in good working order all hardware and equipment necessary for the Service including equipment required to successfully connect to the internet.
You must provide the type of internet service required. Your internet browser must be able to support 128 bit encryption.
You will remain solely responsible for the purchase, hook-up, installation, loading, operation and maintenance of all hardware, software, and internet access to your personal computer, and all related costs. BANK shall have no responsibility for any such equipment or software.
You agree that the BANK will not be liable or have any responsibility of any kind for any loss or damage arising, directly or indirectly, in whole or in part from (a) any inaccuracy or incompleteness in the input of an order or instruction by you, (b) any failure by you to obtain a confirmation of an order or instruction, or (c) any cancellation or attempted cancellation by you of an order or instruction.
You understand that internet banking access may be temporarily unavailable during the period Services are ordinarily available, such as when BANK's equipment needs servicing or is otherwise unavailable. BANK will not be responsible for any losses or inconveniences caused by these temporary unavailability periods.
1.01 Proprietary Property
You acknowledge that all computer programs and systems used in providing the Services and all information relating thereto, constitute proprietary property of BANK, having great commercial value to BANK and you shall not acquire any proprietary interest or rights therein as a result of your use of the Services.
1.02 Third Parties
Provision of certain Services is dependent upon BANK's ability to provide access to third party networks. In the event any third party network is unavailable or in the event BANK determines, in its discretion, that it is unable to continue providing any third party network access, BANK may discontinue the related Service or may provide the Service through an alternate third party network and shall have no liability for the unavailability of access. Customer authorizes BANK to disclose information on Customer's Accounts and services to BANK's affiliates or third parties who provide the Services.
1.02 Third Parties
Provision of certain Services is dependent upon BANK's ability to provide access to third party networks. In the event any third party network is unavailable or in the event BANK determines, in its discretion, that it is unable to continue providing any third party network access, BANK may discontinue the related Service or may provide the Service through an alternate third party network and shall have no liability for the unavailability of access. Customer authorizes BANK to disclose information on Customer's Accounts and services to BANK's affiliates or third parties who provide the Services.
You and BANK represent, warrant and mutually agree that all information concerning the other party or parties which comes into your possession with any of the Services, including security procedures, any security codes, or Access Devices, or personal information will be maintained as confidential and shall not be used or divulged to any other party except as may be necessary or advisable for the due performance of any of the Services or as required by applicable law. You are solely responsible for the establishment and maintenance of procedures to assure the confidentiality of such information which comes into your possession.
1.04 E-Mail Messages
You acknowledge that messages sent to BANK through E-Mail or Internet Banking Services are not reviewed by BANK personnel immediately after they are sent. Rather, BANK personnel will review E-Mail messages by Noon each Business Day. If immediate attention is required, Customer must contact BANK by telephone or in person or through some other procedure not using the Services. Customer E-Mail messages may be acted upon by BANK if received in a manner and in a time providing BANK a reasonable opportunity to act. Nevertheless, unless otherwise expressly provided herein, E-Mail messages will not serve as a substitute for any requirement imposed on Customer to provide BANK with "written" notice or instruction.
1.05 Security Procedures
Where required for any Service, you and BANK shall agree to one or more security procedures, which must be used in connection with any communication between you and BANK. In addition, you are responsible to establish and maintain your own procedures to safeguard against unauthorized transmission to the System. You agree to limit access to those employees who require access to the system. You are responsible for controlling access to the Services and for any limitations placed by you on the Services an authorized person may utilize. You warrant that no individual will be allowed to operate the System in the absence of proper supervision and safeguards, and agree to take reasonable steps to maintain the confidentiality of the System, of any security procedures, Access Devices, and related instructions provided by BANK in connection with the System.
You agree that any internet banking transaction or request initiated by use of your Access Devices will be subject to and governed by this Agreement. When you or any authorized user signs on to internet banking using your Access Devices you authorize us to follow the instructions we receive relating to your Accounts and to charge and credit your Accounts accordingly. You agree that BANK will not be responsible for verifying whether an entry, Transfer or Payment Instruction, or other communication is originated by an authorized person other than through the verification process contained in the security procedures of the Services.
Customer will review and implement all security procedures available in connection with the Services. After review of the Services offered by BANK, including those aspects of the Services pertaining to assuring the authenticity of a communication between Customer and BANK, Customer will notify BANK in the event Customer's use of the Services would necessitate or be better served by a level of security that exceeds that offered by the Services. If Customer fails so to notify BANK, Customer acknowledges and agrees that the security aspects of the Services are appropriate for Customer's needs and will provide Customer with a commercially reasonable degree of security against unauthorized use.
If you or your agents have reason to believe that any security procedures or Access Devices have or may have become known by unauthorized persons (whether or not employed by you) you SHALL IMMEDIATELY NOTIFY BANK by telephone and agree to confirm that oral notification in writing to BANK within 24 hours. BANK shall replace the security procedures and Access Devices in accordance with BANK's security requirements. You shall be solely liable for funds transfer instructions and other communications initiated before BANK has received such notice and has had a reasonable opportunity to act on such notice. BANK reserves the right to change any or all of the security procedures or Access Devices at any time by giving oral or written notice to you.
1.06 Access Devices
To access your accounts through the Service you will need a personal computer, Internet service through the provider of your choice, and a compatible web browser with 128-bit data encryption. You must maintain adequate computer system security, including but not limited to, anti-virus and anti-spyware programs, firewalls, and ongoing education regarding security and fraud prevention. It is recommended that computers used for online banking not be used for e-mail or general Internet access. You are responsible for the installation, maintenance and operation of your computer and your browser software. You assume all risk of error, failure, or non-performance, including the risk that you do not operate your computer or your software properly. We are not responsible for any errors or failures from any malfunction of your computer or your software. We have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or your software. We are not responsible for limitations of functionality when your browser software or other software is not compatible with the Service. WE MAKE NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
It is possible to contract computer viruses, worms, Trojan horses, or other similar harmful components that may enter your system by using the Internet or materials downloaded from it. We attempt to keep our Site virus free, but we cannot assure you that the Site and any software or other information downloaded will be virus free. We are not responsible for any electronic virus related problems that may be associated with the use of the Site, including indirect, incidental or consequential damages.
Notwithstanding our efforts to ensure that the Service is secure, you acknowledge that wireless access to the Internet may not be secure and you assume the risks associated with wireless access.
All internet banking transactions or inquiries must be initiated by use of your Access Devices. Once we have accepted your application, we will assign you an Internet Banking ID and Temporary Password to access the Accounts you designated in your application. You will be required to change your Password the first time that you login to the Internet Banking System. Your Password is required to be 6-12 characters, and must be a combination of letters and numbers. You may change your PIN from time to time and will be required semi-annually.
Internet Banking Cash Management service requires an additional Cash Management ID and Cash Management Password, which is employee specific. BANK will assign a Cash Management ID and Temporary Password to the person, whom you name in writing, as your "Administrator." Your Administrator(s) may assign account access authorization as well as functional authority to additional users for access to the Accounts you designated in your application. Cash Management users will be required to change the Password the first time that they login to the internet banking system. The Password is required to be 6-8 characters, and must be a combination of letters and numbers. Cash Management user Passwords may be changed from time to time and will be required to be updated semi-annually.
You will not give your Password or make your Password available to any unauthorized person.
If you give your Password to anyone, you hereby authorize that person to access your Accounts through internet banking and give us instructions relating to your Accounts as an authorized user. You also authorize us to comply with such instructions.
Except to the extent prohibited by applicable law or regulation, the following internet banking transactions will be deemed to have been expressly authorized by you, and the person initiating the transactions will be deemed an authorized user:
Any internet banking transaction that results in the transfer of funds from one Account you may access through internet banking to any other Account you may access through internet banking, even if a subsequent transfer by the co-owner of the second Account results in the transfer of such funds to or for the benefit of the co-owner or a third party.
1.07 Customer's Records
These Terms and Conditions and the performance by BANK of the Services hereunder shall not relieve you of any obligation imposed by law or contract regarding the maintenance of records, or from employing adequate audit, accounting and review practices as are customarily followed by similar businesses. You shall retain and provide to BANK, upon request, all information necessary to remake or reconstruct any deposit, transmission, file or entry until ten Business Days following receipt by BANK of the deposit, file, entry, transmission, or other order affecting an Account.
Any notice we give you concerning your Account(s) is effective when we send you an Electronic Message or when we mail or deliver the notice to you at the address we have for you in our records. If any of your Accounts has more than one co-owner, notice to any one co-owner will be considered effective notice to all. To the extent permitted by law or regulation, you agree that we may send you by means of an Electronic Message any information we are required by law or regulation to provide you orally or in writing. If we are required by law or regulation to provide you with information in writing, you may request a paper copy of the information up to one year after receiving our Electronic Message.
1.09 Confirmation / Account Reconciliations
You agree to regularly and promptly review and verify all statements, notices, reports, wire transfer instructions, and notices of adjustments, charges, entries and other transactions (BANK Records).
1.10 Electronic Fund Transfer Act (EFTA)/Regulation E Disclosure
If your Internet Banking Account(s) are consumer Accounts established primarily for personal, family or household purposes, please refer to Exhibit A of this Agreement for information regarding your rights, responsibilities, and liability regarding electronic fund transfers.
The consumer protection provisions of the federal EFTA apply only to electronic fund transfers involving consumer accounts established primarily for personal, family or household purposes. If your Account is owned by an entity other than a natural person or was established primarily for business, commercial or agricultural purposes, then any internet banking electronic fund transfer will be considered an authorized use, and your liability for any internet banking transaction relating to that Account will be unlimited, notwithstanding the provisions of the EFTA, Regulation E, or any standardized literature or disclosures we may send you. You will be fully responsible for the security of the Access Devices with respect to each such Account, whether the transaction or the use of the Access Device is authorized or unauthorized.
1.11 Errors or Questions (Consumer Accounts ONLY)
If your Internet Banking Account(s) are consumer Accounts established primarily for personal, family or household purposes, please refer to Exhibit A of this Agreement for procedures to report errors or questions you may have about any internet banking transaction.
1.12 Errors or Questions (Non-Consumer Accounts ONLY)
If your Internet Banking Account(s) are owned by an entity other than a natural person or was established primarily for business, commercial or agricultural purposes, EXHIBIT A OF THIS AGREEMENT IS NOT APPLICABLE TO YOU.
If you believe there are errors, discrepancies, or unauthorized transactions in your Account, you shall immediately notify BANK by calling us at (909) 866-5861, or writing to us at First Mountain Bank, Attn: Internet Banking Administrator, PO Box 6868, Big Bear Lake, CA 92315.
If you fail to notify BANK of such discrepancy within 60 calendar days following the day BANK first mails or otherwise delivers the statement or notice which reflects the transaction in question, you will be liable for all losses (including any loss of interest) up to the amount of the order.
With respect to any internet banking transaction which you contend is unauthorized you agree to:
1. Cooperate fully with us in our investigation of the unauthorized transaction;
2. Assign to us your right of recovery against the wrongdoer if we reconstitute your Account; and
3. Assist us and cooperate fully with us in the recovery of any loss we sustain and in the prosecution of any wrongdoers.
1.13 Designation of Accounts
Customer agrees to designate one of its Accounts with BANK as its Primary Account for the Services. Customer authorizes BANK to debit the Primary Account (or any other Account maintained by Customer at BANK) for any fees or other amounts due BANK in connection with the Services. If the Primary Account is closed for any reason, Customer's Services may be stopped along with any unprocessed transactions. To reinstate its Services, Customer must designate a new Primary Account. Customer agrees to maintain sufficient available funds (as determined under BANK's funds availability policy) in each Account accessible via the Services to cover all transfers or other entries initiated by Customer and affecting the Account, or such higher amounts as BANK may specify from time to time. Customer agrees that Customer's funds may be held by BANK for a period of time following termination of the Services to protect BANK against any possible losses relating to the use by Customer of the Services. Customer may not designate a savings or money market Account as the Primary Account.
1.14 Accounts You May Access
Subject to our approval and any restrictions we may impose from time to time, you may designate the Accounts you wish to access through internet banking. You must be the owner/co-owner of each Account you designate.
1.15 Authority to Combine Funds
You hereby represent and warrant to BANK that any and all transfers and commingling of funds required or permitted by any Service, and all other aspects of the performance hereof by you and BANK, have been duly authorized by all necessary parties including, without limitation, the Account holder of each Account, and that you have obtained and shall maintain in your regular business records and make available to BANK upon reasonable demand, for a period of six years after termination of the Service, adequate documentary evidence of such authorization from the Account holder of each Account, executed by the duly authorized officer(s) of each Account holder in accordance with that Account holder's corporate by-laws and board resolutions or other governing business documents. You further represent and warrant that each transfer or commingling of funds authorized hereunder is not a violation of any by-law or board resolution of Customer or any affiliates or subsidiaries, nor in violation of any applicable federal, state or local statute, ordinance, regulation or rule of law, or of any decree, judgement, or order of any judicial or administrative authority. Each representation and warranty contained herein shall be continuing and shall be deemed to be repeated upon BANK's effecting each transfer and commingling of funds authorized hereunder.
1.16 Dollar Limitations
Funds transfers are limited to the available balance in the Customer's Account, plus Customer's available overdraft line of credit.
If your use of internet banking overdraws your Account and the overdraft is not covered by an approved line of credit relating to the overdrawn Account, you agree to make immediate payment to us of the amount of any such overdraft, together with related service charges. You also agree that we may charge the overdraft and related service charges against your other Accounts with us to the extent permitted by law or by your Deposit Account Agreement(s). In any event, the BANK is not obligated to honor any transfer request against insufficient funds.
1.18 Provisionality of ACH Payments
A Receiving Depository Financial Institution (RDFI) is the institution that receives ACH entries from the ACH Operator and posts them to the accounts of its depositors (Receivers). Customer agrees to be bound by the provisions of the ACH Rules, making payment of a credit entry by the RDFI to the Receiver provisional until receipt by the RDFI of final settlement for such credit entry. Customer understands that if final settlement is not received, the RDFI will be entitled to a refund from the Receiver of the amount credited.
Customer agrees that any payment by BANK to Customer for any returned credit entry or credit reversal is provisional until receipt by BANK of final settlement for such entry. If final settlement is not received, BANK is entitled to a refund from Customer of the amount credited and BANK may charge Customer's Account for the amount credited. BANK may refuse to permit the use of any amount credited for a credit reversal if it believes that there may not be sufficient funds in Customer's Account to cover chargeback or return of such reversal..
1.19 Financial Review
You are subject to satisfactory financial review by BANK from time to time, at BANK's sole option and discretion, and in accordance with BANK's established criteria. You shall, upon BANK's request, provide to BANK any such information and assistance as BANK may require to perform any such evaluation. Your failure to meet such standards or to provide such information or assistance when requested shall constitute a breach of these Terms and Conditions and shall permit BANK to cease providing Services.
1.20 Honoring Transactions and Instructions
Bank will honor your transactions and instructions (including adjustments and cancellations) only when you have complied with these Terms and Conditions. BANK will be under no obligation to honor, either in whole or in part, any transaction or instruction that (a) exceeds the collected and available funds on deposit with BANK; (b) is not in accordance with any condition indicated by you and agreed to by BANK; (c) BANK has reason to believe may not be authorized by you or your customers; (d) involves funds subject to a hold, dispute or legal process preventing their withdrawal; (e) 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; (f) is not in accordance with any other requirement stated in these Terms and Conditions or any BANK policy, procedure or practice; or (g) for the protection of BANK or you, BANK has reasonable cause not to honor.
1.21 BANK Not Obligated to Honor Instructions
BANK may, in its sole discretion, refuse to accept or otherwise execute any request for Services, whether for cause or without cause, and shall have no liability for such refusal.
1.22 Erroneous Instructions
If BANK receives an entry, Transfer instruction, or other transaction which you transmit or authorize and is erroneous in any way, you shall be obligated to pay the amount of such transaction as provided herein whether or not BANK complied with any applicable security procedure.
1.23 Inconsistency of Name and Account Number
If you issue a Transfer or Payment Instruction which describes the person to receive the proceeds of such Instruction (Beneficiary), the Beneficiary's bank or an intermediary bank by name and an account or other identifying number, BANK and subsequent parties to the Instruction may act solely on the basis of such number, even though the name and number do not agree. In addition, your obligation to pay the amount of the Transfer or Payment Instruction to BANK is not excused in such circumstances.
1.24 Cooperation in Loss Recovery Efforts
In the event of any damages for which BANK or you may be liable to the other or to a third party pursuant to the Services, you and BANK will undertake reasonable efforts to cooperate with each other (as permitted by applicable law) in performing loss recovery efforts and in connection with any action(s) that the relevant party may be obligated to defend or elect to pursue against a third party.
2. USE OF BILL PAYMENT SERVICES
The Bill Payment feature of internet banking allows you to instruct us to pay bills designated by you in accordance with any instructions we give you.
2.01 Bill Pay Account
All bills paid through Bill Payment must be paid from the Primary Account you have designated. You authorize us to charge your Primary Account according to your Payment Instructions. You agree that you will have sufficient funds available in your Primary Account for each payment by the payment date you have designated in your Payment Instructions. If we are unable to complete the payment transaction according to your Payment Instructions (for example, there are not sufficient funds in your Primary Account to cover the transaction), the transaction may not be completed. In some instances, however, the payment transaction may be completed. If the transaction is completed, you agree that you will reimburse us immediately without demand for the transaction amount, even if the transaction results in an overdraft of your Account.
Customer agrees that BANK or its processing agent may continue to attempt to recover funds in the event a Bill Payment was initiated against insufficient funds. Recovery activity may include, but not be limited to, debiting the Primary Account, or other Account of Customer, or otherwise initiating collection activity. BANK reserves the right to freeze or terminate Customer's Bill Payment Services in the event Customer has had one or more instances of insufficient funds available to cover Bill Payments or other obligations under this Agreement.
2.02 Payee Setup
Before we can pay a bill for you, you must set up the Payee on the Service. The payment to any government agency and payments to Payees located outside of the continental United States through Bill Payment ARE PROHIBITED. Any Payee you wish to pay through the Services must be payable in U.S. Dollars. You may not use the Services to make transfers (including Bill Payments) to any person subject to Office of Foreign Asset Control restrictions, or to other Payees or categories of Payees that BANK may establish from time to time. We reserve the right to refuse to pay any person or entity to which you may direct a payment.
2.03 Payment Instructions
In designating a Payee for Bill Payment, you must provide us with detailed Payment Instructions, including the Payee's name and address, your Account number (if any) with the Payee, the payment amount, the payment date, and the frequency of payments. You authorize us to follow your Payment Instructions and to rely on the accuracy of all information you provide. The cut-off time for the processing of your Bill Payments is controlled by the third party bill payer company.
The payment date you specify must be a Business Day. We must receive your Payment Instructions with respect to a particular payment no later than 12:00 p.m. Pacific Time (PT) on the Business Day before the date you designate as the payment date. Payment Instructions received after 12:00 p.m. PT will not be processed until the next Business Day. The foregoing assumes you have properly set up the Payee in advance. If a scheduled bill payment falls on a holiday or weekend, it will be paid on the last business day before the weekend or holiday.
If the Payee accepts electronic payments, we will transmit the payment to the Payee electronically no later than one Business Day after the payment date. Your Account will be charged for the payment at that time. If the Payee does not accept electronic payments, our third party vendor will make your payment to the Payee by paper check. The check will not be signed by you; however, the check will be drawn on your Account and you agree that any check issued in this manner to make a Bill Payment will be deemed authorized and may be paid by us from your deposit Accounts. The check will be mailed to the Payee by U.S. Mail no later than one Business Day after the scheduled payment date.
We are not responsible for the delayed receipt of payments sent via the U.S. Mail or for failure of the Payee to post the payment to your Account in a timely manner. In order to ensure adequate time for the Payee to receive the payment, the payment date you enter must be at least three Business Days for electronic payments and seven Business Days for check payments before the date you want the Payee to receive payment.
If you enter a payment date that is less than these required minimum number of days prior to the payment due date, you bear the risk that your payment will not be received by the payment due date, and you will be responsible for paying any and all late charges or penalties.
If a Bill Payment is returned or rejected, whether by us, the Payee, or any third party (including any intermediary bank or the Payee's bank), you will be solely responsible for re-initiating the Bill Payment.
2.05 "As Is"
The Bill Payment Service is provided "AS IS" without any warranty of any kind, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
2.06 Bill Pay Maintenance Fee
Pill Payment Services are subject to the Bank's current Schedule of Fees.
3. ADDITIONAL INTERNET BANKING SERVICES
Your internet banking account has the following additional features and limitations :
3.01 Account Information Services and Processing
BANK offers the following information on Accounts you select and designate in your application with BANK: You can obtain information regarding your deposit Accounts with BANK, including Account balances and certain transaction information. You can obtain information regarding loan and line of credit Accounts with BANK, including loan balances and certain transaction information. You can request a print out of Account statement(s). Transfer and Payment Instructions we receive from you are not processed instantaneously; rather, your instructions are processed and your Account is debited or credited appropriately with other transactions affecting your Account during our nightly processing of your Account after the close of each Business Day. Balance and transaction histories reported through internet banking may not include transactions which have occurred since the close of business on the previous Banking Day. As a result, your Account Balance and other Account information reported to you through internet banking may not reflect deposits, withdrawals, ATM Transactions, or other transactions which occurred since the close of the previous Business Day. The balance figure includes funds that are subject to BANK's funds availability policy and may include funds that are not available for immediate withdrawal or transfer.
3.02 Transfers from One Deposit Account to Another
A feature of internet banking permits you to transfer funds between the Accounts you can access through internet banking.
The following transfers are allowed:
o From checking to checking, money market, savings or loans, if applicable.
o From money market to checking, money market, savings or loans, if applicable.
o From savings to checking, money market, savings or loans, if applicable.
The transfer date is the date we will transfer from one Account to another, provided we receive your Transfer Instructions no later than 6:00 p.m. PT on the date you designate as the transfer date. Transfer Instructions received after 6:00 p.m. PT will not be processed until the next Business Day. If the transfer date you specify is not a Business Day, the transfer will be processed on the next Business Day following the date you specified.
Transfers between deposit Accounts may be limited by federal law or by the terms of your Deposit Account Agreement with us. With respect to interest bearing Accounts, Customer may not make more than six transfers or withdrawals per month to another Account of Customer or to third parties, when these transfers are made by means of a preauthorized or automatic transfer, or telephonic agreement, order or instruction. No more than six transfers can be by check, draft, debit card or similar order made by the Customer and payable to third parties. (These transfer/withdrawal limitations do not apply to NOW Accounts.)
3.03 Automated Stop Payment Services
Customer may order, through the Service, stop payments on any of its checks which have not yet been paid by BANK. Customer must be able to provide the correct check number and exact amount of the check. Any loss suffered by Customer due to Customer's failure to accurately identify the check in the stop payment request will be the responsibility of Customer and not of BANK. The internet banking system will search through 90 days of history to validate that the check has not been paid. If the check has been paid, you will not be able to place a stop payment. If the check is older than 90 days, you should call the BANK to place your stop payment request. Notwithstanding your receipt of a confirmation, BANK will be afforded a reasonable time of not less than one full Business Day in which to act on any stop payment order. Unless BANK has otherwise agreed in writing, any stop payment order placed through the Automated Stop Payment Service will automatically expire six (6) months from the date of placement if you do not renew the order in writing. You agree to reimburse BANK for all damages, costs, and expenses to which BANK may be subjected to by reason of refusal to honor said check, and it is hereby understood that BANK will use reasonable efforts to stop said check; however, should said check be paid after reasonable due diligence by BANK, BANK shall not be liable in any way, and said check and any related charges shall be debited against your Account. After the expiration of a stop payment order, a check may be paid even though the check is stale dated (i.e., the check is presented more than six months after the date indicated on the face of the check).
3.04 Stop Payment and Cancellation Procedures for Internet Banking Initiated Funds Transfer Requests
Once a Transfer or Payment Instruction has been processed, you do not have the right to stop payment. However, we may, in our discretion, attempt to effect a stop request initiated by you.
Prior to our processing of your Instruction, you may request a cancellation through the Service. You must cancel your Transfer or Payment Instruction through the Service by 4:00 p.m. of the preceding Business Day on which the transfer is scheduled to be made. Alternatively, you may call us at (909) 866-2561, or write to us at First Mountain Bank, Attn: Internet Banking Administrator, PO Box 6868, Big Bear Lake, CA 92315, in time for us to receive your cancellation request 3 Business Days or more before the date the transfer is scheduled to be made. If you call, we may also require that you put your cancellation request in writing and get it to us within 14 days after you call.
3.05 E-Statement Delivery
To access E-Statements for an Account, you must enroll that Account in the E-Statements Services. Accounts that are eligible for E-Statements include Checking, Savings and Money Market Accounts, for both consumer and business Account owners. For Accounts with multiple owners only one Account owner needs to enroll the Account in E-Statements. However, each Account owner or authorized signer must enroll in E-Statements in order to view the Account's E-Statements. If you enroll for E-Statements, you will receive an email every statement cycle to notify you that your current statement is ready for you to view online. You will no longer receive paper statements in the mail.
Your E-Statement and Account notices will be presented to you via email to the email address you have provided to the BANK. In order to view, print, and/or save your E-Statement and Account notices you must have Adobe Acrobat Reader, version 9.0 or higher installed on your PC. Your statements are available online for 18 months. You will be able to view the current month's statement as well as the 17 most recent statements. You will continue to have the option to request historical statements, if needed by contacting Bank.
It is your responsibility to notify us if you change your email address. If the email is returned as undeliverable, we may discontinue sending email messages until a new and valid email address is provided to us. You may change your email address by going to internet banking and clicking on the Website Options tab and by clicking on the E-Statement/email tab and entering your new email address then clicking on Submit.
At any time and at no charge, you can change the way we send you Account statements by going to the internet banking E-Statement tab and un-enrolling your Accounts. When you change your statement-delivery option as described here, the change will take effect in your next statement cycle, and you will receive a paper statement in the mail.
4. ADDITIONAL OPTIONAL CASH MANAGEMENT SERVICES
(Business Accounts Only)
The following additional optional Services are also available to business customers for the fees described in this Agreement.
Wire Transfer Services
If you request Internet Banking Wire Transfer Services, you agree to comply with all the terms and conditions within the First Mountain Bank Internet Banking Wire Transfer Agreement
(Exhibit B to this Agreement).
ACH/EDI Services (separate agreement required)
You must contact your First Mountain Bank representative to complete the First Mountain Bank ACH Services Agreement.
5. FEES AND CHARGES FOR INTERNET BANKING SERVICES
Unless otherwise agreed in writing, you shall pay BANK the fees, charges and assessments set forth for the Services provided in the most current price quoted by BANK, plus additional fees and expenses for any extraordinary services. In addition, you shall pay BANK any taxes levied or based on the fees pursuant to the Services, including state or local privilege, excise or sales tax based on gross revenue; any taxes or amounts in lieu thereof paid or payable by BANK, excluding BANK income taxes; and any assessments charged BANK directly as a result of providing the Services.
If you obtain Account analysis services from BANK, the amounts due hereunder may be charged to analysis. If you do not obtain Account analysis services or if your monthly analysis credits are insufficient to pay the amounts due hereunder, you agree to pay such amounts directly to BANK upon demand. BANK may charge you directly for third party expenses incurred on your behalf. You agree that BANK may debit your Accounts for any and all such fees, expenses, taxes or assessments. BANK may exercise its right of setoff against any of your other Accounts as provided by law or your Deposit Account Agreements.
Services under this Agreement are subject to the Bank's current Schedule of Fees.
6. ADDITIONAL TERMS
This Agreement is subject to the following:
6.01 Limitation of Liability
In addition to limits provided elsewhere, BANK's liability relating to any Service shall be limited exclusively to actual proven damages arising directly from its own gross negligence or willful misconduct. In addition, BANK shall not be liable for any losses or damages caused in whole or in part, by your action or inaction, or any of your agents or employees, whether or not such action or inaction constitutes negligence or a breach of these Terms and Conditions. BANK shall not be liable for any damage, loss, liability or delay caused by accident, strike, fire, flood, war, riot, equipment breakdown, electrical or mechanical failure, acts of God or any cause which is reasonably unavoidable or beyond our reasonable control. You agree that the fees charged for the performance of the Services shall be deemed to have been established in contemplation of these limitations on liability.
As a condition precedent to any liability to us, you must notify us in writing of any alleged negligence or breach of this Agreement as promptly as reasonably possible, but in no event later than five (5) Business days following the day on which such alleged negligence or breach was, or could reasonably have been, discovered by you. Our entire liability and your sole remedy under this Agreement, whether or not the claim is in contract or tort, shall not exceed an amount of the Fees paid by you for Services during the three (3) months period preceding the date of the alleged negligence or breach.
You acknowledge that the reconstruction of events causing you to sustain damages becomes difficult and may be inaccurate more than one year following the occurrence of such events. Therefore, you agree that any claim, action, suit or proceeding against any BANK for damages resulting in any respect from your acts or omissions in the performance of the Services must be brought within one year from the date of such alleged act or omission by BANK.
IN NO EVENT SHALL BANK, OR ITS AGENTS, BE LIABLE FOR SPECIAL, GENERAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SIMILAR DAMAGES, EVEN IF BANK HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. BANK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, OR THE ACCURACY, OR FREEDOM FROM ERROR OF THE DATA, OR THE PROGRAM OR THE SOFTWARE USED BY OR FURNISHED TO THE BANK OR THE CUSTOMER BY LICENSOR OR OTHERS IN CONNECTION WITH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BANK FURTHER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AGAINST ANY INFRINGEMENT OF SOFTWARE OR ANY OTHER PROPRIETARY RIGHTS OF ANY OTHER PARTY. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM, THE SUITABILITY OF THE SERVICES, AND WITH RESPECT TO ANY DOCUMENTATION. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT BY EITHER PARTY, AND ALSO LIMITS THE LIABILITY OF ANY AGENT, EMPLOYEE OR AFFILIATE OF BANK.
You agree to indemnify, defend and hold the BANK, individually and collectively, its parent company, affiliates and subsidiaries, directors, officers, employees and agents harmless from and against any damage, loss or liability of any kind, including without limitation, reasonable attorney's fees and court costs, which result directly or indirectly, in whole or in part, from the Services.
6.03 Change of Address
You agree to notify us promptly in writing of any address change.
6.04 Information Authorization and Disclosure
You authorize us to request and obtain consumer reports on you from any consumer reporting agency and to obtain and verify information relating to you and your Accounts from any source. You also authorize us to disclose any information relating to you and your Accounts: (i) to any consumer reporting agency or any other person or entity we reasonably believe is conducting a legitimate credit inquiry; (ii) to any financial institution; (iii) to any account information service (such as Chex Systems or Equifax); (iv) in response to any subpoena, summons, court or administrative order, or other legal process which we reasonably believe requires our compliance; (v) to any of our affiliates; (vi) to any law enforcement officer if we suspect any wrongdoing in connection with any of your Accounts; (vii) in order to verify the existence and the condition of your Account for a third party, such as a credit bureau or merchant; (viii) if you give us your written permission; or (ix) as otherwise permitted in our agreement with you, by law, or as required by government regulations. You further agree that we may obtain financial information regarding your Accounts with any of your designated Payees to resolve payment problems. From time to time we are legally required to provide information in response to court or administrative orders, subpoenas, summonses, tax levies, or other such legal process. You agree to pay our standard charges for the research and copying of documents and for any other expenses we incur in complying with such legal process including, but not limited to, our attorneys' fees. Refer to your Deposit Account Agreement for fee details.
6.05 Right to Refuse Service
We can refuse Internet Banking Services to anyone.
6.06 Termination or Discontinuance
You may terminate the Service, by giving at least 10 days prior written notice to the other party. You may mail your notice to First Mountain Bank, Attn: Internet Banking Administrator, PO Box 6868, Big Bear Lake, CA 92315. You will not be entitled to the refund of any prepaid fees and/or charges.
We may terminate the Services at any time without prior notice to you, with or without cause. If more than one person can access an Account through internet banking, we reserve the absolute right to terminate all internet banking access to the Account(s) upon the request of any Account owner, any Account co-owner, or any other person authorized to access the Account. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement and you will remain liable for payments, transfers and other transactions in process and for the payment of any accrued fees and charges.
BANK may at any time assign or delegate its rights and duties under these Terms and Conditions to any of its affiliates which are owned or controlled by BANK, its parent company or any successor in interest. BANK may also assign or delegate certain of our rights or responsibilities under this Agreement to independent contractors or other third parties. You may not assign this Agreement to any other person or entity.
6.08 Binding Arbitration
Upon the request of either you or BANK (each being referred to as a "Party" and collectively as the "Parties"), whether made before or after the institution of any legal proceeding, any action, dispute, claim, or controversy of any kind (e.g., whether in contract or in tort, statutory or common law, legal or equitable) now existing or hereafter arising between the parties in any way arising out of, pertaining to or in connection with these Terms and Conditions, Deposit Agreements or any related agreements, documents, or instruments (the "Documents") shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules and Supplemental Procedures for Financial Disputes of the American Arbitration Association ("AAA"). The foregoing matters shall be referred to as a "Dispute." Any of the parties hereto may, by summary proceedings (e.g., a plea in abatement or motion to stay further proceedings), bring an action in court to compel arbitration of any Dispute. The decision of the arbitrator shall be final and binding upon all parties and judgment upon the award may be entered in any court having jurisdiction thereof by a party. Any arbitrator chosen to preside over the dispute must be a member of the California State Bar either actively engaged in the practice of law or a retired member of the California State or federal judiciary, and, unless otherwise agreed in writing, must have expertise in the process of deciding disputes in the deposit account and/or Internet Banking Services context. No provision of, nor the exercise of any rights under this Arbitration provision shall limit the right of any party to employ other remedies, including, without limitation, (1) exercising self-help remedies (including setoff rights) or (2) obtaining provisional or ancillary remedies such as injunctive relief, sequestration, attachment, garnishment, or the appointment of a receiver from a court having jurisdiction before, during, or after the pendency of any arbitration. The institution and maintenance of an action for judicial relief or pursuit of provisional or ancillary remedies or exercise of self-help remedies shall not constitute a waiver of the right of any party to submit the Dispute to arbitration nor render inapplicable the compulsory arbitration provisions hereof. In Disputes involving indebtedness or other monetary obligations, each party agrees that the other party may proceed against all liable persons; jointly and severally, or against one or more of them, less than all, without impairing rights against other liable persons. Nor shall a party be required to join the principal obligor or any other liable persons in any proceeding against a particular person. A party may release or settle with one or more liable persons as the party deems fit without releasing or impairing rights to proceed against any persons not so released. The arbitrator shall resolve all Disputes in accordance with the applicable substantive law. These arbitration provisions shall survive any termination, amendment or expiration of any provision of the Documents, unless otherwise expressly agreed in writing.
THE PARTIES UNDERSTAND THAT THEY ARE WAIVING THEIR RIGHT TO A JURY TRIAL, OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT.
6.09 Specific Performance
You agree that money damages would not be sufficient remedy for any breach of these Terms and Conditions and that BANK shall be entitled to specific performance, in addition to any other remedies at law or in equity, as a remedy for any breach.
To the extent possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision shall be held to be invalid, illegal or unenforceable, such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability, without rendering invalid, illegal or unenforceable the remainder of any such provision or the remaining provisions of these Terms and Conditions.
6.11 Telephone Recording
The decision to record any telephone conversations shall be solely within the discretion of BANK, and BANK shall have no liability for failing to do so. YOU ACKNOWLEDGE AND AGREE ON BEHALF OF YOURSELF, YOUR EMPLOYEES AND YOUR AGENTS (AS APPLICABLE), THAT BANK MAY MONITOR AND RECORD TELEPHONE CONVERSATIONS AT ANY TIME WITHOUT FURTHER NOTICE TO THE PARTIES TO SUCH TELEPHONE CONVERSATIONS.
The section headings in these Terms and Conditions are intended for reference purposes only and shall in no way modify or restrict any of the terms or provisions hereof.
6.13 No Waiver
A waiver by you or BANK of any term or provision shall not be construed as a waiver of such term or provision at any other time or of any other term or provision or as a waiver by any other BANK. We will not be deemed to have waived any of our rights or remedies under this Agreement unless we send the waiver to you by Electronic Message or we otherwise mail or deliver to you a written waiver signed by us. No delay or omission on our part in exercising any of our rights or remedies shall operate as a waiver of such rights or remedies we may have. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
6.14 Enforcement, Venue, Jurisdiction and Governing Law
If any action at law or inequity is necessary to enforce the terms of this Agreement, the prevailing parties shall be entitled to reasonable attorney's fees, costs and expenses in addition to any other relief to which such prevailing parties may be entitled. The proper venue and jurisdiction for any action arising out of this Agreement shall be exclusively in the Superior Court, County of Orange, and State of California. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
BANK may amend these Terms and Conditions from time to time by giving you written notice or by sending a copy of the amended documents to your current billing Account address. Advance notice of changes will be provided by BANK when required by law or regulation. Your use of internet banking after we send you a notice of change will constitute your agreement to such changes. Further, from time to time we may revise or update Internet Banking Services and/or related material. Such revisions or updates may render all prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of Internet Banking Services, and/or related material and limit access to the most recent revisions and updates.
6.16 Entire Agreement
Except to the extent otherwise expressly provided in this Agreement, these Terms and Conditions, together with all Exhibits and Addendums, and the Deposit Account Agreement constitute the entire agreement between the parties and supersede any prior agreements or representations relating to the Services and may not be contradicted by evidence of prior contemporaneous or subsequent oral agreements.
6.17 Incorporation of Exhibits
The Exhibits attached hereto are incorporated herein by this reference as though set forth in full.
6.18 Third Party Data Input
You acknowledge that the Services may require that data be input into the program by parties other than us. In some cases, we may provide such parties with information instructing them how to input data into the program; however, in no event shall we be liable for the accuracy, completeness, correctness or format of data input by parties other than us.
1. In this Agreement "we", "our", "us" and "BANK" refer to First Mountain Bank.
2. "You", "your" and "Customer" refer to customers using internet banking.
3. "Internet banking" and "System" mean First Mountain Bank's internet computer banking service.
4. "Services" include the wide range of Internet Banking Services First Mountain Bank provides to Customer included in this Agreement.
5. "Access ID" is the internet banking ID necessary to access the System and will be issued by us.
6. "Account" or "Accounts" refer to your Accounts that may be accessed through internet banking, including the Account you have designated as the Primary Account.
7. "Business Days" are defined as Monday through Friday 9:00 a.m. to 4:00 p.m. Saturday, Sunday, federal and state holidays are not Business Days. Transactions, deposits, instructions and entries received by BANK after established cutoff deadlines may be treated as received on the next Business Day. BANK may change any cutoff deadline at any time upon notice to you.
8. "Electronic Message" means an electronically transmitted message, which allows the text to be displayed on equipment in the recipient's possession (such as a modem or internet equipped personal computer). An Electronic Message is considered written notice for purposes of this agreement.
9. "Payee" is a person, business, or any other entity to which you direct payments through Bill Payment.
10. "Payment Instructions" are instructions you give us through Bill Payment to make payments on your behalf from funds in your Primary Account.
11. "Password" is the personal identification number which you assign to persons whom you authorize to access the System.
12. "Primary Account" refers to the Account you have designated as the Account from which your bills will be paid using Bill Payment.
13. "Transfer Instructions" are instructions you give us through internet banking to transfer funds between Accounts you can access through internet banking.
14. "Device" means a supportable mobile device such as a cellular phone or tablet that is web-enabled and allows SSL traffic.
ELECTRONIC FUNDS TRANSFER ACT (EFTA)/REGULATION E DISCLOSURE
The consumer protection provisions of the federal EFTA apply only to electronic fund transfers involving consumer accounts established primarily for personal, family or household purposes. If your Account is owned by an entity other than a natural person or was established primarily for business, commercial or agricultural purposes, then the provisions of this Exhibit DO NOT APPLY to you.
Tell us at once if you believe one or more of your Internet Banking Access Devices, ATM, or Debit Card (Access Items) have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two Business Days after you learn of the loss or theft of one or more of your Access Items, you can lose no more than $50 if someone used any of these items without your permission.
If you do NOT tell us within two Business Days after you learn of the loss or theft of one or more of your Access Items, and we can prove we could have stopped someone from using your Access Item without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Contact in Event of Unauthorized Transfer
If you believe one or more of your Access Items has been lost or stolen call us at (909) 866-5861, or write to us at: First Mountain Bank, Attn: Internet Banking Administrator, PO Box 6868, Big Bear Lake, CA 92315.
You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
For purposes of these disclosures, our Business Days are Monday through Friday, 9:00am to 4:00pm Pacific Time. Federal and state holidays are not included.
Transfer Types and Limitations
Account Access. You may use your Internet Banking Services to:
1. transfer funds between your Internet Banking Account(s), in accordance with the authorizations identified in your Internet Banking Application;
2. issue Payment Instructions to pay others in the amounts and on the days you request through the Internet Banking Bill Payment Service;
Electronic Check Conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account(s) using information from your check to:
1. Pay for purchases;
2. Pay bills.
Limitations on Frequency and Dollar Amounts of Transfers.
1. You may withdraw up to $500.00 cash per day from your checking and savings account(s) by ATM using your ATM or MasterCard Debit card.
2. You may transfer up to $1,500.00 from your checking account per day in Point of Sale transactions using your MasterCard Debit card either in person, by phone, or by computer.
3. For security reasons, there are limits on the transfers you can make using your ATM or Debit Card(s).
We will disclose information to third parties about your account or the transfers you make:
1. Where it is necessary for completing transfers, or
2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
3. In order to comply with government agency or court orders, or
4. If you give us your written permission.
1. Terminal Transfers. You can get a receipt at the time you make any transfer to or from your account using an ATM or Point of Sale terminal.
2. Preauthorized Credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (909) 866-5861 to find out whether or not the deposit has been made.
3. Periodic Statements. You will get a monthly account statement, unless there are no electronic fund transfers in a particular month. In any case, you will get the statement at least quarterly.
1. Right to Stop Payment and Procedure for Doing So. If you have told us in advance to make regular payments out of your account, you can stop any of these payments by calling us at (909) 866-5861, in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you according the bank's current Schedule of Fees for each stop payment order you give us.
2. Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
3. Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop one of these payments three Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Financial Institution's Liability
If we do not complete a transfer to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
1. If, through no fault of ours, you do not have enough money in your account to make the transfer;
2. If the transfer would go over the credit limit on your overdraft line;
3. If the ATM where you are making the transfer does not have enough cash;
4. If the system was not working properly and you knew about the breakdown when you started the transfer;
5. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken;
6. There may be other exceptions stated in our agreement(s) with you.
When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
Error Resolution Procedures
In Case of Errors or Questions About Your Electronic Transfers,
Telephone us at: (909) 866-5861
Write us at:
First Mountain Bank
Attn: Internet Banking Administrator
PO Box 6868
Big Bear Lake, CA 92315
As soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number (if any).
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.
We will tell you the results within three Business Days after completing our investigation. If we decide that there was not error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
FIRST MOUNTAIN BANK INTERNET BANKING WIRE TRANSFER AGREEMENT
This agreement applies ONLY to First Mountain Bank non-consumer or business accounts that have requested Internet Banking Wire Transfer Services.
Customer acknowledges their request to First Mountain Bank (BANK) to process wire transfer requests through BANK's Internet Banking Service. Wire transfer requests will be originated by Customer and drawn against Customer's Internet Banking Accounts, as identified on the Customer Application and Worksheet for First Mountain Bank's Internet Banking Service.
Customer understands that:
A. Customer must provide BANK with the Company's assigned internet banking administrator. The Administrator will have the sole responsibility to assign company users rights to initiate and or approve wire transfer requests. Customer will be responsible for maintaining security regarding internet banking users, logins and passwords. If the customer has reason to believe that any security procedures, passwords, codes or Access Devices have or may have become known by, or have or may become compromised by, unauthorized persons (whether employed or not employed by Customer), Customer agrees to immediately notify the BANK by telephone and agrees to confirm to the BANK such notification in writing within 24 hours. BANK will establish a new security procedure (passwords or codes) to Customer in accordance with the BANK's security requirements. Bank reserves the right to change codes and security procedures at any time by giving reasonable prior notice to Customer.
B. Domestic Wire transfer requests must be received by the BANK by 1:00 p.m. Pacific Time (PT), Monday through Friday, excluding Holidays, in order to be executed by the BANK on that Business Day. A request received after 1:00 p.m. PT will be executed the next Business Day.
You may not make International and Foreign Currency Wire transfer requests using internet banking.
Wire transfer deadlines are set by the BANK and are subject to change at the BANK's sole discretion.
In view of the foregoing, Customer agrees with respect to any transfer request received through the BANK's Internet Banking Services.
1. BANK is authorized to honor the transfer request and to charge the amount of the request, plus applicable fees, to the indicated Account.
2. Customer shall immediately report any discrepancies between the Company's records of these transactions and the BANK Statement or Wire Confirmation to the BANK's Operations Department. Failure to notify the BANK of any discrepancies within sixty (60) calendar days following the day BANK first mails or otherwise delivers the statement or notice which reflects the transaction in question, will relieve BANK of any liability arising out of any such discrepancy.
3. The Customer's wire transfer request is considered accepted by the BANK when executed. The BANK has a right to reject the Customer's wire transfer request for an outgoing wire transfer for reasons including, but not limited to, insufficient funds or insufficient collected funds in the account specified in the request, if the BANK reasonably believes that the request is not of an authorized internet banking user, or the request may be fraudulent. If such a refusal is made, the BANK will promptly notify the Company of this decision.
4. Company agrees to indemnify and hold the BANK harmless from and against any claims, liability, damages, or expenses which may occur in connection with any and all transfers made by the BANK in good faith. In no event shall the BANK be responsible for any loss, claim, liability, damage or other amount arising in any way directly or indirectly, from any error, failure, or delay in the performance of any of the BANK's obligations under this agreement caused by natural disaster, fire, emergency conditions, earthquake, war, or error in the operability of communications equipment or lines, or any other circumstances beyond the reasonable control of the BANK.
5. BANK or Customer may cancel this authorization upon written notice to the appropriate party. Such notice shall be effective immediately when mailed or otherwise delivered by the BANK, and, when given by Customer, it shall be effective immediately upon receipt thereof by the BANK.
6. Customer may request the BANK to amend or cancel any wire transfer or related instruction, and the BANK will use its best efforts to comply with such request, if the request is made at a time and in a manner, which gives the BANK a reasonable opportunity to act on the request. If the Customer requests the BANK to recover funds, which have already transferred, the BANK shall be under no obligation to do so. The BANK will take such action, as it deems reasonable under the circumstances. In no event shall the BANK be deemed to have guaranteed or otherwise assured the recovery of any portion of the amount transferred, nor to have accepted responsibility for any amount transferred before the BANK received and had time to act upon the request to amend or cancel the transfer request.
7. Commercially Reasonable Procedures for Businesses: Customer and Bank may agree to certain procedures and security devices, which may include codes, encryption, passwords, and other security devices and systems designed to verify the authenticity (but not errors in transmission or content, including discrepancies between account names and numbers) of information, instructions, orders and other communications. In this regard, application of the procedures and security devices will be collectively referred to as the "Security Procedures." If we take any action not provided in the Security Procedures, such additional action shall not be deemed to become a mandatory part of the continuing Security Procedures.
Before using the Service you agree to review the Security Procedures and determine whether they will provide a commercially reasonable method for verifying whether a payment order, as defined in Division 11 of the California Commercial code, is from you. As part of the review, you will consider the size, type and frequency of payment orders you will make or anticipate making, along with such other factors as you may deem relevant or appropriate. If the size, type or frequency of payment orders made by you changes so that the Security Procedures no longer provide a commercially reasonable method of providing security against unauthorized payment orders, you will notify us.
You agree that we will use the Security Procedures to verify the authenticity of payment orders, but that the Security Procedures are not designed to and are not used for the purpose of detecting error. If we act on a payment order in compliance with the Security Procedures, you will be obligated on the payment order, whether or not authorized by you. Any payment order received by us will be treated as yours, and will bind you, whether or not we complied with the Security Procedures if you would otherwise be legally bound by the payment order, regardless of whether the payment order was erroneous in any respect or that any loss would have been prevented if we had complied with the Security Procedures.