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ACBank Net Agreement and Disclosure

Please read this Agreement and Disclosure, you may also print a copy to retain for your reference. After reading, to proceed, click on the "Accept" button or the "Decline" button at the end of the document.

1. INTRODUCTION

This ACBank Net Agreement and Disclosure (Agreement) explains the terms and conditions governing basic ACBank Net Services offered by America California Bank (ACBank Net). By using any of the ACBank Net Services, you agree to abide by the terms and conditions of this Agreement. The terms "we", "us", "our", and "Bank" refer to America California Bank. "You" and “your” refers to each person who enrolls for ACBank Net Services and has a password.

Your initial use of ACBank Net constitutes your acceptance and agreement to abide by all of the terms and conditions of this Agreement and by the "America California Bank Documents", and acknowledgment of your receipt and understanding of this disclosure is confirmed. We may change the terms or amend this Agreement from time to time as provided for in this disclosure or as otherwise provided by law. ACBank Net can be used to access certain America California Bank accounts. The applicable Disclosures, Rates, and Fee Schedules provided by America California Bank in your new account packet, also governs each of your accounts at America California Bank. Except as controlled by federal law or regulations, this Agreement will be governed by, and interpreted in accordance with the laws of the State of California and regulations. To the extent permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which the Bank is located.

2. HOW TO REACH US

Business Hours
Our normal business days and hours are Monday through Friday 9:00 AM to 4:30 PM excluding Saturday, Sunday, and America California Bank holidays.

Contact Us
You may contact us by telephoning 415-986-5678 during normal business hours. Coming into our branch or calling us is the best way to report any problems or to get questions answered. If you cannot call us or come in person, you can write to us at:

America California Bank
417 Montgomery Street
San Francisco, CA 94104

E-Mail
Sending e-mail through ACBank Net is another way to communicate with us. We have provided e-mail links for you to ask questions or give comments regarding our Home Page or ACBank Net.

If you send the Bank an e-mail message, America California Bank will be deemed to have received it on the following business day. America California Bank will respond to your e-mail in a reasonable time.

You may not initiate transactions on your accounts through e-mail. Access may only be obtained as described in this agreement.

E-mail is not a secured environment. Do not send account number(s), account information, or transaction information via e-mail. You should not send an electronic mail message if you need to communicate with America California Bank immediately.

3. KEEPING YOUR ACCOUNT CONFIDENTIAL

Password and Access ID Protection
The first account owner to log onto ACBank Net will use any one of his/her account number(s) as the Access ID. That account number will then become the permanent Access ID for that account owner. Subsequent owners of the same account logging onto ACBank Net system will use the same account number as the Access ID, but will be prompted to change the Access ID. Note: subsequent account holders log on using a different account number; this number will then become the permanent Access ID for that joint owner (he/she will not be prompted to change the Access ID).

America California Bank is entitled to act on instructions received through ACBank Net under your password and without inquiring into the identity of the person using that password. For your protection, we recommend that you frequently change your personal password used to access ACBank Net. (You can change your password under the Change Password button.) You agree to hold your password and Access ID in strict confidence and you will notify us immediately if your password and/or Access ID are lost or stolen. As a precaution, it is recommended that you memorize your Access ID and password and do not write either down. Passwords should not be easy to guess, for example, your children's or pet's names, birth dates, addresses, or other easily recognized identifications related to you. We also recommend you do not have your browser remember your password.

Passwords can contain alpha and/or numeric characters. Your password must be at least 6 characters in length and no more than12 characters. You further agree not to allow anyone to gain access to ACBank Net or to let anyone know your password used with America California Bank. You agree to assume full and complete responsibility for all transactions up to the limits allowed by applicable law. America California Bank will not be responsible for any loss due to breach in the above security procedures. You will be responsible for any unauthorized use of your password accessed through ACBank Net.

Do not, under any circumstances, disclose your password by telephone to any one claiming to represent America California Bank. America California Bank's employees do not need and should not ask for your password. You are liable for all transactions made or authorize using your password. America California Bank has no responsibility for establishing the identity of any person using your password. If, despite America California Bank's advice, you give your password to anyone, you do so at your own risk since anyone to whom you give your ACBank Net password or other means of access will have full access to your accounts even if you attempt to limit that person's authority. You must notify America California Bank that your password has been lost, stolen or otherwise compromised and should not be honored and must be disabled. You hereby release America California Bank from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account(s) and/or you have given your password to such person, or, in the case of a jointly held account such person is one of the owners of the account. You agree to indemnify America California Bank and hold it harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.

America California Bank has the right to modify or terminate this agreement at any time. We will comply with any notice requirements under applicable law for such changes or termination. If we terminate this Agreement, no further ACBank Net transfers will be made, including but not limited to any payments or transfers scheduled in advance or any pre-authorized recurring payments or transfers. If we modify this Agreement, your continued use of ACBank Net Services will constitute your acceptance of such changes in each instance.

Three Strikes
To guard against unauthorized use of your Access ID and Password, ACBank Net disables the Password indefinitely on the third attempt until you call the Bank and request your Password to be reset.

This will also occur if you accidentally activate this security feature by unintentionally mistyping your Password three (3) times. You will need to call the Bank to reestablish the password for your account(s). You can reach us by calling 415-986-5678 during normal business hours.

Lost or Stolen Password or Access ID
Contact the Bank at once if you believe your Password, Access ID, ATM Card, or Personal Identification Number (PIN) has been lost or stolen or you have identified any unauthorized Electronic Funds Transactions (EFT) on your current statement viewed online or your monthly printed statement. Phoning us immediately at 415-986-5678 is the best way of minimizing your potential losses, or you may write us at America California Bank, 417 Montgomery Street, San Francisco, CA 94104 to report the problem.

Personal Information Protection
In addition to protecting your Password, Access ID, and account information, you should also protect your personal identification information, such as your Driver's license, Social Security Number, etc. This information, alone or together with information on your account, may allow unauthorized access to your account. It is your responsibility to protect your personal information with the same level of care that you protect your account information.

Examine Your Statement
You must promptly review your statement upon receipt. See: In Case of Errors or Questions About Your Electronic Transfers for further information.

4. ELECTRONIC BANKING DISCLOSURE

Account Access
ACBank Net is an Internet-enabled service provided to our customers. By using ACBank Net with your personal Password and Access ID, you can:

  • Make account and transaction inquiries for current and previous month’s activity
  • Check account ledger and available balances
  • Transfer funds between your savings, checking, and money market accounts at America California Bank
  • Make loan payments and overdraft reserve account payments
  • Set up automatic repetitive account transfers
  • Download account history into personal financial management software, such as Quicken and Microsoft Money

Available services may be added or cancelled at any time. We will update this Agreement to notify you of the existence of new services. By using these services when they become available, you agree to be bound by the rules contained in this Agreement.

You can use ACBank Net seven days a week, 24 hours a day. However, from time to time, some or all of ACBank Net may not be available due to system maintenance.

Limitations on Funds Transfers from Money Market and/or Savings Accounts ("Deposit Accounts")
Pursuant to federal regulations, you are limited to the number of certain transactions you can make on your Deposit Accounts.

For Deposit Accounts, you may make a maximum of six (6) transfers and withdrawals, or combination thereof, from your account each calendar month or statement cycle or similar period, if by preauthorized or automatic transfer, online transfers, or telephone (including data transmission) agreement, order, or instruction. Transfers and withdrawals made to another of your Deposit Accounts at America California Bank in person, by messenger, by mail, or at an ATM are unlimited.

Online transfers are transactions between accounts initiated through ACBank Net. Telephone transfers are transfers between accounts initiated by a personal telephone call. Preauthorized withdrawals are transfers made according to a specific agreement between a customer and us or another party. (Examples of preauthorized withdrawals are regular electronic payments from savings made to a third party, such as health clubs, insurance companies, etc.) Check access refers to any checks you write on your Deposit Accounts.

Privacy and Disclosure of Information to Third Parties
Protecting your privacy is important to America California Bank and our employees. We want you to understand what information we collect and how we use it. In order to provide our customers with a broad range of financial products and services as effectively and conveniently as possible, we use technology to manage and maintain customer information. The following policy serves as a standard for all America California Bank employees for collection, use, retention, and security of nonpublic personal information.

See: "America California Bank’s Principles of Privacy"

Account to Account Transfers
If you have established two or more deposit accounts with the Bank and use the online transfer feature provided as a convenience to you, the transfer is believed to be in good faith by an authorized person.

A transfer made in a session that ends before 5:00 PM from any eligible account shall be made from collected funds and shall be available for withdrawal from the account into which the transfer is made as of the next banking day.

Our Liability for Failure to Make Transfers
America California Bank agrees to make reasonable efforts to ensure full performance of ACBank Net. America California Bank will be responsible for acting only on those instructions sent through ACBank Net that are actually received and shall have no responsibility for malfunctions in communication facilities not under our control, which may affect the accuracy or timeliness of messages you send. America California Bank is not responsible for any losses incurred should you give incorrect instructions, or if your transfer instructions are not given sufficiently in advance to allow for timely processing.

Any information you receive from America California Bank or other information providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. America California Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.

You are responsible for paying any fees associated with ACBank Net as outlined in the "America California Bank Documents" as well as any additional fees that may be assessed by your Internet Service Provider and for any telephone charges or fees incurred by accessing ACBank Net services.

Neither America California Bank nor other information providers are responsible for any computer virus or related problems, which may be attributable to services provided by your Internet service provider.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing ACBank Net. America California Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software. You should also have an Anti-Virus program installed for your protection.

In the absence of gross negligence on the part of America California Bank, neither America California Bank, any other Information Provider, nor any other Software Supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of ACBank Net.

America California Bank's Responsibility
Subject to the terms and conditions set forth in this Agreement and Disclosure America California Bank will be responsible for your actual losses if they were directly caused by our failure to:

  • Complete an Electronic Funds Transfer as properly requested.
  • Cancel an Electronic Funds Transfer as properly requested. However, we will not be responsible for your losses if:
    • Through no fault of America California Bank, you do NOT have enough money in your account to make the transfer.
    • Through no fault of America California Bank, the transaction would have caused you to exceed your available credit, if you have a Ready Reserve Account in effect.
    • Circumstances beyond our control (e.g., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer.
    • There is a hold on your account, or if access to your account is blocked in accordance with bank policy.
    • Your funds are subject to legal process or other encumbrance restricting the transfer.
    • Your transfer authorization terminates.
    • You believe someone has accessed your accounts without your permission and you fail to notify us.
    • You have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
    • We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
    • We believe that unauthorized use of your Password or Account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement or any other agreement with us, or if we or you terminate this Agreement.
    • There may be other exceptions stated in this Agreement and in other Agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.
    • If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

In Case of Errors or Questions About Your Electronic Funds Transfers (EFT) (Consumer/Personal Accounts Only)

In case of errors or questions about your electronic funds transactions, or if you think your statement or receipt is wrong or if you need more information about an EFT listed on your account statement or receipt, contact America California Bank at 415-986-5678, or write to us at America California Bank, 417 Montgomery Street, San Francisco, CA 94104. We must hear from you no later than sixty (60) days after we have sent the FIRST statement on which the problem or error appeared. We will need you to provide to America California Bank the following information.

  1. Your name and your Deposit Account number.
  2. A describe of the error or the EFT you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  3. The dollar amount of the suspected error.

If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days 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 to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If a notice of error involves electronic funds transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for the action shall be twenty (20) business days in place of ten (10) business days. If a notice of error involves an electronic funds transfer that was initiated in a foreign country, or occurred within thirty (30) days after the first deposit to the Deposit Account was made, or is a point of sale debit card transaction, the applicable time period for America California Bank shall be ninety (90) calendar days in place of forty five (45) calendar days.

Liability for Unauthorized Use (Consumers/Personal Accounts Only)
Tell us AT ONCE if you believe your Password, Access ID, ATM Card, or Personal Identification Number (PIN) has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could loose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days, you can loose no more than fifty dollars ($50) if someone used your card or code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or code, and America California Bank could have reasonably stopped someone from using your card or code without your permission if you had told us, you could lose as much as $500.00.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if America California Bank could have reasonably 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. If you believe that your card or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 415-986-5678, or write us at America California Bank, 417 Montgomery Street, San Francisco, CA 94104.

Also, if your statement reflects any EFT's that you did not make or authorize, notify the BANK AT ONCE. Failure to notify us within sixty (60) days after the statement was mailed to you may result in zero compensation for any losses you may sustain if America California Bank can prove that we could have prevented someone from accessing your account(s) if you had notified us in time. If a good reason (such as a long trip or hospital stay) prevented you from notifying the Bank, we will extend the time periods.

If you authorize someone else to use your Password, Access ID, PIN, you are responsible for all transactions, which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorize.

5. PROVISIONS APPLICABLE TO BUSINESSES

You agree that we may send notices and other communications to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that America California Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.

Keep your Access ID and Password secure and strictly confidential.

Instruct each person to whom you have given electronic access to you accounts that he or she is not to disclose any information regarding the account information or Access ID and Password to any unauthorized person.

Immediately notify us and select a new Password if you believe an unauthorized person may have known your Password.

THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSFER MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.

By using ACBank Net, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by your instructions, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above, and we had a reasonable opportunity to act on such notice.

If we fail or delay in making a transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest earned on a Savings Account on the amount which we failed to transfer, calculated from the date on which the transfer was to be received until the date it was actually made or you canceled the instructions.

If we make payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously transferred, plus interest earned on a Savings Account thereon from the date of the transfer to the date of the refund, but in no event to exceed sixty (60) days' interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year.

UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS' FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

6. OFFICE OF FOREIGN ASSET CONTROL

Under the Bank Secrecy Act, the Bank is prohibited from transacting business with persons or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons or entities blocked by OFAC.

America California Bank may refuse to comply with any instruction that, in its reasonable judgment, could violate the Bank Secrecy Act.

7. FEES AND CHARGES

There are no fees or charges for accessing your account through ACBank Net. Other fees, as described in your Schedule of Services and Fees, which you received at the time your account was opened, may apply to services you order online.

8. OTHER GENERAL TERMS

Other Agreements
In addition to this Agreement, you agree to be bound by and will comply with all terms and conditions applicable to each of your Deposit Accounts with America California Bank, as described in the Schedule of Services and Fees and Account Terms and Conditions Agreement, which you received at the time your account was opened. Your use of the ACBank Net is your acknowledgment that you have received these agreements and intend to be bound by them.

Severability
In the event that any portion of this Agreement is held by a court to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.

Modifications to This Agreement
America California Bank may modify the terms and conditions applicable to ACBank Net from time to time upon mailing or delivering a notice of the modifications to you at the address shown on your account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.

Right to Terminate Agreement
America California Bank reserves the right to terminate this Agreement and your access to ACBank Net in whole or in part, at any time and will provide notice of such termination.

Inactivity Status
If you do not access ACBank Net during any consecutive sixty (60) day period your password will convert to an inactive status. If your password becomes inactive, you must contact us to have the password re-activated before you will be able to access ACBank Net.

This Agreement will remain in effect until you or America California Bank terminates it.

You understand that you may cancel this Agreement at any time by notifying America California Bank electronically or by mail at the address provided below. This will cancel ACBank Net, but will not terminate your accounts with America California Bank.

You may notify America California Bank by one of the following methods:

  • By calling 415-986-5678 Monday through Friday 9:00 AM to 4:30 PM.
  • By writing a letter and taking it to our office.
  • By writing a letter and sending it to the following address:
    America California Bank
    417 Montgomery Street
    San Francisco, CA 94104

Governing Law
This Agreement is governed by the laws of the State of California, bank regulations, and applicable federal laws.

America California Bank Liability
Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor America California Bank providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, America California Bank, or by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Internet Explorer browser), or by Internet access providers or by online service providers or by an agent or subcontractor of any of the foregoing. Nor shall we or America California Bank providers be responsible for any direct, indirect, special, or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, ACBank Net, or Internet browser or access software, or any technical hardware or software failure, gargled or incomplete transmission, computer virus, loss or data, or otherwise.

We invite you to print a copy of this ACBank Net Agreement and Disclosure and retain it for your records. You may also request a copy of this Agreement be mailed to you. To do so, call us at 415-986-5678 during normal business hours.

     

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