Opus Bank: Build Your Masterpiece

OPUS BANK RETAIL ONLINE BANKING

Rev. July 2014                                                                                              

This Agreement between you and Opus Bank governs the use of our online banking service. These services permit Opus Bank clients to perform a number of banking functions on accounts linked to the services through the use of a computer. Please read this Agreement carefully. This Agreement will use the following terms. "We", "us" and "the Bank" are used to refer to Opus Bank. "You" and "your" are used to refer to the owner of an Eligible Account or an authorized representative. "Consumer" is used to refer to a natural person who owns an Eligible Account with respect to which an online financial service is requested primarily for personal, family or household purposes. "Business" is used to refer to anyone other than a consumer who owns an Eligible Account with respect to an online financial service requested. "Authorized Representative" is used to refer to a person with authority of any kind with respect to an Eligible Account or an online financial transaction.

By clicking "I ACCEPT" below, you agree to comply with the terms and conditions of this Agreement.

USE OF YOUR SECURITY PASSWORD

To access our online banking service, you must establish a user name for your online account(s), together with a password. The password must be 8 – 16 characters, alphanumeric with 1 upper case letter, 1 lower case letter and 1 number. We recommend that you change your password on a regular basis. We are entitled to act on any instruction received under your password. You are responsible for keeping your password and account data confidential. For your protection, sign off after every online banking session and close your browser to ensure confidentiality.

Opus Bank will take all reasonable measures to provide security in your online transactions. You are responsible for using all reasonable measures to provide for the protection of your accessing system including controlling access to your system, installing and maintaining current operating system security patches and up-to-date virus protection safeguards. When using any public computer for online access you will log off after use and navigate away from the page before leaving. In addition you will not save your password on any system nor attempt to circumvent any of the safeguards and controls Opus Bank has implemented for your protection.

YOU SHOULD NOT DELEGATE AUTHORITY OVER YOUR ACCOUNT TO ANYONE THAT IS NOT AN AUTHORIZED SIGNER FOR YOUR ACCOUNT AS LISTED ON THE DEPOSIT ACCOUNT AGREEMENT.

BANKING TRANSACTIONS WITH ONLINE BANKING

You must be a principal owner of this account. Notwithstanding any instructions contained on the account agreement, you understand and agree that access to your account via the Internet is granted by user codes and passwords that can be entered by a single individual.

You or anyone you have authorized by giving them your online banking identification number and password (even if that person exceeds their authority you purport to grant them) can instruct Opus Bank to perform the following transactions:

  • Transfer funds among your linked checking accounts, savings accounts and money market accounts.
  • Obtain information we make available about your qualifying account(s).
  • Pay bills, if enrolled in online Bill Pay Service.
  • Perform all transactions identified above using the Mobile Money Service, as detailed in a separate agreement, if enrolled by you.
  • Obtain other services or perform other transactions that we authorize now or make available at a future date.

LIMITS ON ONLINE BANKING TRANSACTIONS

Federal regulation limits certain types of withdrawals or transfers from your savings or money market accounts to a maximum of six (6) during any month. This includes withdrawals made by check or draft to third parties; debit or ATM card point-of-sale (POS) purchases; and automatic and pre-authorized withdrawals such as transfers made by telephone, online and mobile banking, and bill pay. Opus Bank will charge an Excess Activity Fee for each excess transfer paid against the account. Refer to the Banking Schedule of Fees for details.

We reserve the right to limit the frequency and dollar amount of current transactions for security reasons.

LIMIT OF OPUS BANK AND OTHER PROVIDERS RESPONSIBILITY

Opus Bank agrees to make reasonable efforts to ensure full performance of its online banking service. Except as specifically provided in this Online Banking Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of online banking.

If we do not complete a transfer on time or in the correct amount according to our Agreement with you, our liability only extends to the completion of such transfer. Under no circumstances will the Bank be liable for any damages that you may suffer, including consequential damages, due to our failure to complete a transfer. Specifically, the Bank will NOT be liable to any extent whatsoever if:

  • Through no fault of Opus Bank, you do not have enough money in your account or available credit to make the transfer,
  • Circumstances beyond our control (e.g., fire, flood, power outage, 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 banking policy,
  • You do not instruct the Bank soon enough for your payment or transfer to be received and credited by the time it is due,
  • Your funds are subject to legal process or other encumbrance restricting the transfer,
  • You believe an authorized user has accessed your accounts without your permission and you fail to notify us immediately, or
  • We have a reasonable basis for believing 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, a credit agreement, or any other agreement with us, or if we or you terminate this agreement.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing online banking services. Opus Bank will not be responsible for any error or failures from the malfunction or failure of your hardware or software.

HOURS OF SERVICE

Our online banking service is generally available 24 hours a day, 7 days a week. Transfers received after 5:00 p.m. Pacific Standard Time (PST) will be processed the next business day, which is every day except Saturday, Sunday and federal banking holidays. All transfers made on non-business days will be posted the next business day.

STATEMENTS

You will continue to get a statement at the frequency specified in your Account Terms and Conditions brochure (Understanding your Deposit Account). All online banking transactions will be indicated on your statement. You agree to notify us immediately if you believe there are any errors or unauthorized transactions on any statement. Notify us by calling 855-OPUS-BANK, 8:00 a.m. to 7:00 p.m. PST Monday through Friday, or write Opus Bank, P.O. Box 6630 Redondo Beach, CA 90277, Attn: Opus Bank.

If you do not notify Opus Bank within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if Opus Bank had been notified in time.

MODIFICATIONS TO THIS AGREEMENT

Opus Bank may modify the terms and conditions applicable to either service or fees from time to time. A notice of the modifications will be sent to you at the address shown on our account records or electronic message. These modified terms and conditions shall be effective at the earliest date allowed by applicable law.

NOTICE OF YOUR FINANCIAL PRIVACY RIGHTS

This is our privacy notice for our clients. When we use the words "you" and "your" we mean the following types of clients:

All of our consumer clients who have a continuing relationship with us, such as:

  • Deposit Account
  • Loan Account
  • Credit Card
  • Safe Deposit Box
  • Self-directed Individual Retirement Account where we act as custodian or trustee

We collect nonpublic personal information about you from the following sources:

  • Information we receive from you on applications or other forms
  • Information about your transactions with us
  • Information about your transactions with nonaffiliated third parties
  • Information from a consumer reporting agency

We do not disclose any nonpublic information about you to anyone, except as permitted by law.

We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your nonpublic personal information.

We do not disclose nonpublic personal information about former clients, except as permitted by law.

CANCELLATION

Your online banking service remains in effect until you or Opus Bank terminates it. You may cancel your service at any time by notifying us of your intent to cancel in writing, through online banking email, or by calling the Opus Bank Service Center. This cancellation applies only to your online banking service and does not terminate your Opus Bank accounts.

Opus Bank may offer additional Services in the future. This Agreement is intended to cover all Services offered through online banking.

BANK'S LIABILITY FOR FAILURE TO MAKE PAYMENTS OR PAYING LATE

If we do not send a Payment or make a Transfer on time, or in the correct amount according to your instructions given in accordance with this Agreement, and the transaction relates to a Consumer Account, we will be liable for your proximate caused damages except as noted below.

We will not be liable with regard to any Deposit Account or the Service, for instance, if, through no fault of ours, you do not have enough available funds in your Deposit Account to make the Payment or Transfer, or the Payment or Transfer would exceed any permitted overdraft protection you have with us; circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or a natural disaster), delayed, lost or damaged mail, prevent or delay the transaction despite reasonable precautions taken by us; your computer, the phone lines, or the Bank's computer systems were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the Transfer or; the funds in your Deposit Account are subject to legal process, an uncollected funds hold, or are otherwise not available for withdrawal; the information supplied by you or a third party involving the Deposit Account, Payment or Transfer, is incorrect, incomplete, or untimely; we have a reasonable basis for believing that unauthorized use of your User ID, password or account has occurred or may be occurring; the Payee does not process a Payment promptly or correctly; or for any other reason specified in this Agreement.

Without limiting the foregoing the Bank shall also not be liable for late charges, interest, penalties or other amounts incurred by any depositor for the depositor's failure to allow sufficient time for processing and delivery of any Transfers or Payments so long as the Bank has complied with the provisions of this Agreement.

Unless otherwise required by Law, the Bank will not be liable to you under any circumstances for special, indirect, or consequential damages, including, without limitation, lost profits or reasonable attorneys' fees, even if we are advised in advance of the possibility of such damages.

REPORTING UNAUTHORIZED TRANSACTIONS, PAYMENT PROBLEMS, ERRORS OR QUESTIONS

Call or write to us as soon as possible if you think your statement, account or transaction information is wrong or if you need more information about a transaction listed on your statement or shown on the Service records. We must hear from you no later than sixty (60) days after we send the FIRST statement on which the problem or error appeared.

Notify us by calling 855-OPUS-BANK, 8:00 a.m. to 7:00 p.m. PST Monday through Friday, or write Opus Bank, P.O. Box 6630 Redondo Beach, CA 90277, Attn: Opus Bank or email us at onlinebanking@opusbank.com.

  • Tell us your name and account number.
  • Describe the error or the Transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.
  • The date on which it occurred.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days.

If your complaint or error is with regard to a Consumer Account: We will tell you the results of our investigation within ten (10) Business Days (or twenty (20) Business Days if the transaction occurs while your account is a "new account" under Regulation E) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days (or ninety (90) calendar days for a transaction on a new account) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) Business Days (or twenty (20) Business Days in the case of a transaction on a new account) for the amount you think is in error. 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 (or twenty (20) Business Days in the case of a transaction on a new account), we may not provisionally credit your account. If we decide that there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents we used in our investigation.

BUSINESS AND OTHER NON-PERSONAL ACCOUNTS

In addition to other limitations set forth herein and as provided by Law, the error resolution and liability provisions applicable to Consumers and Consumer Accounts on or with any periodic statements or other communications and/or documents you may receive from us, if any, do not apply non-Consumer Accounts (i.e. business and non-personal accounts). The owners of Non-Consumer Accounts must notify us immediately if they discover or believe any unauthorized transactions or errors. If such is not an ACH transaction nor a debit relating to a Payment we process via ACH, we must receive written notice of and, at our request, affidavit regarding the problem in a form satisfactory to us within a reasonable time (not to exceed fourteen (14) calendar days) from the date of discovery or your receipt of the first statement, report or notice reflecting the problem, whichever first occurs. If such is an ACH transaction or is a debit relating to a Payment which we process by ACH, we must receive notice, written or verbal, within 24 hours of the posting date, with a written affidavit in a form satisfactory to us within a reasonable time thereafter, not to exceed ten (10) calendar days.

The owners of such accounts assume sole responsibility for any unauthorized use of the User ID, and password shall immediately indemnify, defend and hold Bank harmless from all claims, actions, proceedings, losses and damages related to or arising out of any unauthorized transaction.

CANCELLATION/TERMINATION OF SERVICE

If you wish to cancel your Service, you should first cancel all scheduled Payments or Transfers. This will insure future Transfers or Payments you make directly to the Payee will not be duplicated. Once this has been done, you must contact us to cancel the Service. The best way to cancel the Service is to call us at 855-OPUS-BANK. We reserve the right to cancel your use of the Service(s) at any time without prior notice or reason except as required by Law including, without limit, if you have insufficient funds in any of your accounts.