OPUS BANK RETAIL ONLINE BANKING
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.
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.
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.
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
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.
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
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.
reserve the right to limit the frequency and dollar amount of current transactions
for security reasons.
LIMIT OF OPUS BANK AND OTHER PROVIDERS RESPONSIBILITY
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
- 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.
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
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.
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.
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
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
NOTICE OF YOUR FINANCIAL PRIVACY RIGHTS
our privacy notice for our clients. When we use the words "you" and
"your" we mean the following types of clients:
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
not disclose any nonpublic information about you to anyone, except as permitted
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.
not disclose nonpublic personal information about former clients, except as
permitted by law.
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.
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.
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
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
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
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 email@example.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.
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
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.
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
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.