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Online Banking Services Agreement

Personal Banking: See Sections I and II.
Business Banking: See Sections I and III.

This Online Banking Services Agreement ("Online Banking Agreement") explains the terms and conditions governing the AccessWest® Online Banking Services offered through Community West Bank. You should read this Online Banking Agreement and the related information provided by the Bank prior to using the AccessWest® Services. The first time you use AccessWest® Online Banking Services you will be deemed to have agreed to the terms and conditions of this Online Banking Agreement. The terms "we," "us," "our," "Bank", “Community West Bank”, and similar terms refer to Community West Bank, N.A. The words “you”, “your”, “yours”, and similar terms mean the account owner and anyone authorized to act on behalf of the account owner.

For Personal: Sections I and II of this Online Banking Agreement apply to Personal Banking Services for consumers, and these portions are identified below for you. Section III does not apply to Personal Banking Services. For purposes of this Agreement, “Personal Banking Services” means an electronic funds transfer using the AccessWest® Online Banking Services to transfer funds to or from a deposit account established primarily for personal, family or household purposes, provided the transaction is subject to the federal Electronic Funds Transfer Act and it’s implementing Regulation E.

For Business: Sections I and III of this Online Banking Agreement apply only to Business Banking Services for non-consumers, and these portions are identified below for you. Section II does not apply to Business Banking Services. “Business Banking Services” means use of the Services by any corporation, partnership, LLC or LLP, or by a sole proprietor for any non-consumer purpose.

CHANGES IN TERMS: THIS AGREEMENT ALLOWS US TO CHANGE ITS TERMS FROM TIME TO TIME. YOU WILL BE DEEMED TO HAVE AGREED TO THE CHANGES IF YOU USE THE SERVICES AFTER THE EFFECTIVE DATE OF A CHANGE.

I. ONLINE BANKING FOR PERSONAL AND BUSINESS SERVICES

AccessWest® Online Banking
You can access some or all of your Community West Bank accounts through AccessWest®. You may request that some of your accounts be linked to and accessible through the Service. We may also automatically link your accounts as selected by us. You can view the accounts that are linked to the Service when you use AccessWest®. If you would like to add or subtract accounts to the Service, you can contact your local branch. Not all Services may be available with each account, and we may at any time limit your use of AccessWest® Services with any particular account. This Agreement supplements other agreements that may govern your use of your accounts, including your Deposit Account Agreement and Disclosure, Funds Availability Act Disclosure, any applicable loan or credit agreement, and other related account agreements, as applicable for personal and business accounts.

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Requirements
To access your accounts through AccessWest®, you must have an eligible account with us and Authentication Codes. Upon initial login, you will be required to change your password and we urge you to do so. Also, upon initial login you will be required to enroll in the Bank’s Site Authentication method.

Community West Bank accounts accessible through AccessWest® may include:

  • Checking Accounts
  • Savings Accounts
  • Money Market Accounts
  • Certificates of Deposit
  • IRAs
  • Loan Accounts

You may be required to designate one deposit account as your primary account. If you do not do so we may select a primary account for you.

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Using AccessWest®
With AccessWest®, you can access linked accounts from your home or office using an internet-based service. You will need a computer, access to the internet and a browser with a minimum 128-bit encryption capability.

With Personal Banking Services, you can use AccessWest® to:

  • View account balances and review transaction history.
  • View front and back of a paid item.
  • Transfer money between one or more of your linked accounts.
  • Print a statement
  • Search for specific transactions by date, check number, or amount.
  • Place stop payment on a check.
  • Change a password and Security Data.
  • Sign up for e-statements.
  • Enroll in Mobile Banking
  • Use Bill Payment Services
  • Export history to Intuit Quicken, Quickbooks, Microsoft Money, or comma separated file. (Bank is not responsible for accuracy of exported information or export function, or otherwise as to information in any financial planning software that uses this history.)

With Business Banking Services, you can use AccessWest® to do all of the above, plus:

  • Generate Federal Tax Payments (requires prior enrollment with IRS) through EFTPS.
  • ACH Payroll Origination (requires additional Bank approval and separate ACH origination agreement).
  • ACH Origination (requires additional Bank approval and separate ACH origination agreement).
  • Initiate Wire Transfers.

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Obtaining Account Balance and Transaction History
You can obtain account balance and transaction history on your enrolled accounts. Account balance and transaction history reflects activity through the close of the previous business day. Not all balances shown are immediately available for use for all purposes. Transaction history retention periods may be changed by us at any time.

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Viewing Paid Items
You may view the front and back side of checks that have paid against an account. (This Service may not include Paper Drafts (described below) created as part of the Bill Payment Service.).

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Transfers and Bill Payment -- General Limitations
You may transfer funds between accounts, or make Bill Payments from your accounts, up to the available balance in your account. The number of transactions may be limited, as described in your Deposit Account Agreement and Disclosure. For interest bearing deposit accounts (excluding NOW accounts), you may make no more than six transfers or withdrawals per statement cycle. They can be by check, debit card or similar instrument. Transfers and Bill Payments using Online Banking Services are counted against the permissible number of transactions.

Transfers and Bill Payments cannot be made from time certificates of deposit or loan accounts. Bill Payments cannot be made from saving accounts. Aggregate Bill Payments from your accounts may not exceed $10,000 per day.

For same day processing, we must receive your transfer requests and Bill Payment requests before the cut-off hour. If received after our cut-off hour, or on a non-business day, we may (but are not required to) delay processing until the next business day. Most transfers between accounts will be processed on the business day that we receive your transfer instruction.

We may further limit the dollar amount of transfers, Bill Payments or other transactions to or from your accounts for security reasons. We may (but are not required to) prohibit or disallow transfers or Bill Payments from an account that requires two or more signatures for access or that is the subject of other access restrictions. We may also impose other limits on transfers or Bill Payments to and from accounts (including, for example, loan accounts) at any time and from time to time, with or without cause, at our sole discretion.

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Limitations on Liability
In addition to any other limitations on liability that may be found in this Online Banking Agreement or any other agreement between you and us, we will not be liable for a failure to complete a transfer or Bill Payment:

  • If a hold or block has been placed on deposits made to an account from which you wish to transfer funds. You cannot transfer the portion of the funds held until the hold or block expires.
  • If the money in your account is subject to a legal process or any other encumbrance or claim restricting the transfer.
  • If there are insufficient funds in your account, or the transfer would exceed the credit limit on any overdraft line you have with us. In those instances, we may decline to complete the transfer.
  • The system, computer or telephone was not working properly and you knew about the breakdown when you requested the transfer.
  • Circumstances beyond our control such as fire, flood, computer breakdown, computer virus or problems with the telephone line prevent the transfer despite reasonable precautions we have taken.
  • If you have not properly followed any software manufacturer’s recommendations or Online Banking Services instructions on how to make the transfer or initiate the Bill Payment.
  • We do not receive the transfer or Bill Payment request, or there is a delay in our receiving the request.
  • If you have not properly followed the prescribed security procedures.

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Online Stop Payment Requests for Checks
The following terms and conditions apply to Online stop payment requests for checks, excluding Paper Drafts or other Bill Payment instruments. (See below regarding Bill Payment Services and how you can request a stop payment of Bill Payments).

  • Item Description. You may request a stop payment of any unpaid check using the Online Stop Payment Service. You must provide all of the information requested as part of the Service, and you must provide all of it accurately and completely. This includes, for example, the check date, its exact amount, the check number and payee of the item. You understand that the exact amount of the check is necessary for us to stop payment. If you give us the incorrect amount or any other incorrect information, we will not be responsible for failing to stop payment on the check.
  • Written Request. We may ask you to confirm a stop payment request in writing. If we ask and you do not provide written confirmation, we may but are not required to terminate your stop payment request.
  • Agreement. We are not required to honor or accept your stop payment request if it relates to a point-of-sale transaction (including electronic funds transfers) or other transaction if following your request would cause us a loss. You agree that we have a reasonable period of time to act upon the request. You also agree that it is your responsibility for determining whether a check you have written from your account has or has not been previously paid. A review of items paid using the AccessWest® Services may be insufficient for this purpose, and you may need to use other methods (such as calling us) to be sure that a check has not already paid.
  • Duration. Your stop payment request will be effective for six months, unless earlier terminated by you. You may renew a stop payment request for additional six-month periods. Unless renewed, your stop payment request will be ineffective upon its expiration and we may thereafter pay the check (even if it has previously been returned by us).
  • Indemnification. You agree to indemnify, defend and hold us harmless from all costs, (including attorney's fees and expenses) damages, losses or claims related to or arising from our action or inaction in refusing payments of a check when we act or refrain from acting in accordance with your stop payment request. This includes claims or actions by or on behalf of any joint depositor, payee, or endorsee. It also includes our failing to stop payment of a check as a result of incorrect information provided by you. You agree to notify us promptly upon the issuance of any duplicate check which replaces the check subject to the stop payment request or upon return of the original check to you.
  • Fees and Charges. You agree to pay any stop payment fees or charges, as set forth in our Schedule of Fees and Charges or in any other agreement between you and us for the applicable account type.

We are not required to stop payment on a check that is presented for payment on the business day a stop payment order is received. In addition, a check may be paid in spite of your stop payment request or order if:

  • The check upon which payment is to be stopped has not been completely and accurately described.
  • The stop payment request is not received in time or manner to permit us a reasonable opportunity to act.
  • We have accepted or certified the check.
  • We have paid the item for cash or any law, rule or regulation (including clearinghouse rules) would hold us liable on the item.
  • We have paid the item and no longer have a right to return the check.
  • You used the check to pay an amount due to us.
  • The item has been deposited or received for deposit for credit to an account of a different depositor or borrower of ours and we have set-off or otherwise credited the check against an amount due to us from this other customer.

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Bill Payment Services
Enrollment For Business Bill Payment and Personal Bill Payment:

To enroll in the Bill Payment Services you must first login to AccessWest®, and then click on the “Enroll in BillPay” icon and follow the on-screen instructions.

  1. Using Bill Payment Services. You must provide the complete name of the payee, the payee’s account number, the payee’s remittance information, the amount of the payment, and the date of the payment to be made from your designated account(s).

    From time to time we may receive instructions from a payee that direct us, in order to ensure the timely processing of your payment, to send your payment to an address other than the one that you provided us, or that direct us to make your payment electronically rather than by check, to an account owned by the payee at another financial institution. When we receive such payment instructions from the payee, we may follow those instructions to help ensure that the payment is received by the payee and promptly credited to your benefit.

    You may add a new payee to the Bill Payment Service. You may add a new fixed payment to a payee only if the Payee is on your authorized list of payees and after entering the appropriate information. We reserve the right to refuse a payee, or to remove or cease processing to a prior payee for any reason. If we do so, we will notify you promptly.

    By using the Bill Payment Service, you agree that we can charge your designated accounts and transfer funds using “Electronic Bill Payment” or “Paper Draft”, at our option. Electronic Bill Payments are automated clearing house (ACH) payments or other electronic payments and are subject to the rules of the National Automated Clearing House (NACHA), including the rule making payment to the payee provisional until receipt by the payee’s bank of final settlement of the credit transaction. If final settlement is not received, you will not be deemed to have paid the payee the amount of the bill payment.

    We will not be responsible for any damages you suffer (including interest or late charges) if you do not use the Bill Payment Services correctly, in accordance with this Agreement and with any on-screen instructions you may receive or errors due to incomplete, incorrect, or outdated information provided by you regarding a payee, or if you attempt to pay a payee that is not on your authorized payee list. We are not liable for any actions or inactions by any third parties, or any other circumstances beyond our control.
  2. Restrictions. You agree to the following restrictions to the Bill Payment Services: a) The payee must be located in the United States; b) Payments may not be remitted to tax authorities or government collection agencies (if you are a business, and are using the Online Business Services, you may qualify for EFTPS services, described below); c) Payments may not be remitted to broker-dealers or in connection with securities transactions (for example, you agree not to add security companies such as Ameritrade as a payee for securities trades) or for stock purchases or to trade taxing authorities; d) Court directed payments are not allowed (for example, alimony, child support, or other legal debts); and e) You may not initiate ACH payments in violation of, and that entries originated by you must comply with, the laws of the United States, including sanction laws administered by the Office of Foreign Asset Controls.
  3. Scheduling Bill Payments. If the payee is to be paid by Paper Draft, you understand and agree that Paper Drafts are mailed to the payee and the payee may not receive the payment until 5 to 8 business days after the date the payment is processed and debited from your account. If the payee is to be paid by Electronic Bill Payment, you understand and agree that the payee may not receive the payment until 3 business days after the date the payment is processed and debited from your account. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission of handling of payments by a third party, such as the failure of the payee to properly post or reconcile a payment to your account(s) with the payee.

    The Bank will process variable payments on the business day you designate the bill is to be processed, provided the payment request is received prior to our cut-off hour. Currently, our cut-off hour for Bill Payment Services is 1:00 p.m. (Pacific Time). Variable bill requests received after our cut-off hour or at any time on a non-business day will be processed on the next business day, delaying the time when the payee will receive the payment. We reserve the right to change the cut-off hour, and will try to give you notice if it changes.

    For recurring payments, if you designate a processing date of the 28th through the 31st of a month and this date falls in a short month, processing will be initiated on the first business day of the month following that date, unless you choose how future recurring payments that fall on a non-processing day are processed. They can be processed on the prior business day or they can be processed on the next business day. Likewise, if the date you have designated is not a business day, your payment will be processed on the next business day. Otherwise, recurring payment requests will be processed on the dates you have designated.

    You agree to have available and collected funds on deposit in the accounts you designate in amounts sufficient to pay for all Bill Payments requested, as well as, any other payment obligations you have to us and all other charges against the affected accounts. We reserve the right, without liability, to reject or reverse a Bill Payment or other check or debit to an account, and in any order and in any amount that we choose, even if the result is to reduce your transactions to a level below the Bill Payment or other account limits. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. You further agree the Bank, at its option, may charge any of your accounts with the Bank to cover such obligations.

    A Bill Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day the Bill Payment is going to be initiated. If a Paper Draft has not been presented for payment within 90 days, the payment will be cancelled and the amount of the Paper Draft will be credited back to your account. If the Paper Draft is presented after 90 days it will be returned Payment Stopped unless notified otherwise by you.
  4. Stop Payment Requests. Stopping the payment of a Paper Draft Bill Payment is different from the cancellation of an Electronic Bill Payment. Once the Bill Payment has been debited from your account, you CANNOT cancel or stop an Electronic Bill Payment, since the funds will have been transferred electronically. You may be able to stop a Paper Draft Payment after your account has been debited by contacting us by telephone before the Paper Draft has cleared, but we do not guarantee that you will be able to accomplish this. You will have to contact us by telephone to determine if the Paper Draft has cleared. If the Paper Draft has not cleared, we will process your stop-payment request as we would any other stop-payment request you might make on a check of yours. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, together with the confirmation number assigned by the bill payment system. It must also be received by us in sufficient time for us to process the stop-payment request before the paper draft has cleared. We will charge you a stop-payment fee as disclosed in our current Schedule of Miscellaneous Fees & Charges.
  5. Disputes. If there is a dispute between you and us, or either of us and any other person (including any merchant, payee, financial institution or other intended or actual recipient of any bill payment), you authorize us to obtain information regarding you, your accounts and your bill payment obligations (or the absence of them) from any party that was involved in the bill payment transaction or that might otherwise assist in the resolution of the dispute or problem. This may include financial and other information regarding you. You authorize us to provide information regarding our experience with you to others (including credit reporting agencies) from time to time, and you agree to provide us with financial and other information as may be requested by Bank from time to time.
  6. Liability. You are solely responsible for controlling the safekeeping of and access to your Access ID and password. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify us and arrange to change your Password.
    You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. We are not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. We are not liable for any failure to make a Bill Payment if you fail to promptly notify us after you learn that you have not received credit from a payee for a Bill Payment. We are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility.

    Except as otherwise required by law for Personal Banking Services (as described in Section II, below), we are not liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if we have knowledge of the possibility of them. We are not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any case beyond our reasonable control.

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Your Online Authentication Codes
Multi Authentication is a feature used in the process of validating access to confidential information. Your Multi Authentication Codes include the User ID, Password, Challenge Phrases, and Authentication Image.
Your Online Banking access will become inactive if you do not log in for 90 days. It is recommended that you access Online Banking monthly to review your statements and keep your enrollment current. If you have not accessed online banking for more than 90 days, you will then have to enroll from the beginning, choosing a User ID, new password, challenge phrase and authentication image.

Business Online Banking
You will be given a temporary password and User ID that will give you access to your accounts through AccessWest®. You will be required to change your password the first time you login. This password can be changed periodically within AccessWest® from the Change Password button. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize this online password and do not write it down. You are responsible for keeping your password and account data confidential.

Personal Online Banking
You will be instructed to “auto enroll” for personal online banking once you access the Community West bank website. You will be required to choose a User ID and password during your initial enrollment. The password can be changed periodically within AccessWest® from the Change Password button. For security purposes, it is recommended that you memorize this online password and do not write it down. You are responsible for keeping your password and account data confidential.

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Our Liability is Limited
Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither the service providers nor the Bank shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, the Bank, or by Internet browser providers, 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 the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, or Internet browser or access software even if we have been advised of the possibility of such damages. We are not responsible for any computer virus, phishing or related problems that may occur with your use of our Online Banking Services. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO AN IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE MADE AVAILABLE TO YOU.

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Business Days
For purposes of this Agreement, our "business days" are Monday through Friday. Saturday, Sunday and federal banking holidays are not included.

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Cut-Off Hours
Our cut-off hour for transfers is 5 p.m. (Pacific Time) Monday through Friday.
Our cut-off hour for Bill Payment is 1 p.m. (Pacific Time) Monday through Friday.

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Hours of Accessibility
You can access your Bank accounts through AccessWest® 24 hours a day, seven days a week. However, at certain times, some or all of AccessWest® online banking features may not be available due to system maintenance. During these times, you may use a Community West Bank ATM or a branch to conduct your transactions. As discussed elsewhere in this Agreement, transactions initiated through AccessWest® and received by us on a business day and prior to our cut-off hour are processed that same day. If received by us after our cut-off hour, or on a non-business day, the transaction will be processed the next business day.

Transactions are deemed received by us only when actually received by us, and received in the form and format specified by the Services. We are not responsible for delays, including delays due to heavy internet traffic, communications failures or any other event beyond our control.

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Disclosure of Account Information
You authorize the Bank and each of its affiliates to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided or that we or our affiliates have obtained about your accounts and the transfers you make:

  • To comply with government agency or court orders or requests; or
  • To verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  • To any paying agency after the death or legal incapacity of a recipient of recurring direct deposit payments; or
  • Where it is necessary for completing transfers; or
  • To provide services relating to your account or to offer other products and services or if you give us your permission.

We may disclose all of the information we collect to companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements. See Privacy statement on the website for more information (http://www.communitywestbank.com/Privacy.aspx)

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Other Agreements
In addition to this Online Banking Agreement you agree to be bound by and will comply with the requirements of the applicable Deposit Account Agreement and Disclosure (including your signature card) and any change of terms notices, our rules and regulations, and the rules and regulations of NACHA and any other funds transfer system or clearinghouse to which we belong. If your account is a loan account, the terms and conditions of any credit agreements you have with us continues to apply, as supplemented by this Agreement. Any limitations on access to an account, including a loan account, do not apply to limit your use of Bill Payments, transfers and other access to the account using the Services; rather, we may honor your instructions and requests received by us in accordance with this Agreement.

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Termination of This Agreement
Either you or we may terminate this Online Banking Agreement at any time upon giving notice of the termination to the other party. At our sole discretion, including due to non-usage or inactivity by you, we reserve the right to terminate this Online Banking Agreement and your access to any one or more Online Banking Services, in whole or in part, at any time without prior notice to you. Upon termination, we reserve the right to make no further payments or transfers from your account(s), including payments or transfers you have previously authorized. If you terminate your Online Banking Services, you authorize us to continue making Bill Payment and transfers you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice. You agree that upon termination of your Online Banking Services, either by you or by us, you will cancel all automatic or recurring transfers you have previously authorized, and that if you fail to do so, you are responsible for such payments. You will remain responsible for all outstanding fees and charges incurred prior to the date of termination and for all transactions, actions and inaction by you prior to termination. Termination of this Agreement will not affect your obligations or our rights as they relate to transactions initiated or processed prior to termination, and such provisions of this Agreement as may be needed to this end shall survive termination.

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Assignment
The Bank may assign this Online Banking Agreement to others, including independent contractors or other third parties. You may not assign your rights or obligations under this Agreement.

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Governing Law
This Online Banking Agreement will be governed by and interpreted in accordance with all applicable federal and state laws and regulations. To the extent there is no applicable federal law or regulation, this Online Banking Agreement will be governed by and interpreted in accordance with the laws of the State of California.

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Severability
In the event any provision of these terms is held unenforceable, it will not affect the validity or enforceability of other provisions of this Online Banking Agreement. The unenforceable provision will be replaced either by another enforceable provision contained either within this Online Banking Agreement or other related Banking agreement, or by an enforceable provision at law which most closely reflects the intention of the unenforceable provision.

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Recording and Retention of Information
You agree that we may record the information and electronic messages you enter through your use of the AccessWest® Online Banking Services. You also agree that all information submitted by you will become the property of the Bank.

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Duty to Report Error and Unauthorized Transactions.
  1. Periodic Statements. Your role is extremely important in the prevention of any wrongful use of your account. You will receive a periodic statement for your accounts as described in the Deposit Account Agreement and Disclosure. This statement will include all transactions posted through your use of the Online Banking Services. You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call the AccessWest® Call Center at 1-888-831-5295.
  2. Duty to Report. For Business Banking Services, you must notify us of any error or unauthorized transaction within 60 days of the date the first periodic statement showing the error or unauthorized transactions is made available to you, and if you fail to notify us within this time period you are precluded from asserting the error or unauthorized transaction against us. For Personal Banking Services, your rights as to errors or unauthorized transactions are described in Section II, below.
  3. Protecting Personal Information. In addition to protecting your account information, you must take precautions to protect your personal identification information, such as your driver's license, Social Security Number, User ID, etc. This information, by itself or together with information on your account, may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account information.
  4. Taking Care of Your Online Authentication Codes. These Authentication Codes must be kept confidential. They include the User ID, Password, Challenge Phrases, and Authentication Image. For your protection we recommend that you change your online password regularly. We recommend that you memorize these codes and do not write them down. You are responsible for keeping your Authentication Codes, account number and other account data confidential. YOU AUTHORIZE US TO ACCEPT INSTRUCTIONS FROM ANYONE USING YOUR AUTHENTICATION CODES. WE HAVE NO LIABILITY FOR RESULTING DAMAGES WHEN THE CODES HAVE BEEN USED TO ACCESS THE ONLINE BANKING SERVICE. IF YOU BELIEVE THAT YOUR ONLINE CODES MAY HAVE BEEN LOST OR STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR ACCOUNT WITHOUT YOUR PERMISSION, YOU AGREE TO NOTIFY THE ACCESSWEST® CALL CENTER AT 1-888-831-5295 IMMEDIATELY. We may cancel your codes at any time if necessary to maintain the security of your accounts.

    The unauthorized use of your Online Banking Services could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection.

    Your contribution is important to protect the security of your access to the Online Banking Services. You can help prevent unauthorized access by following these security tips:

    • Protect your Authentication Codes by keeping them unique and known only to you.
    • Change your codes routinely. A good practice is every 90 days and the system will prompt you.
    • Choose a password that is at least 8 characters, with a combination of letters and numbers, and that is difficult to guess. Avoid using an easily guessed password such as a word found in the dictionary, your name, your significant other's name, your pet's name, or your birthday.
    • Do not display your codes in a place where others can view it.
    • Do not continue use of your Online Banking Services if you are not able to authenticate the site providing the service(s). Contact the Bank immediately.
    • Log off the Online system after every session by clicking on the “Log Off” (or “Logout”) option.

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Electronic Mail (E-mail)
Sending E-mail through AccessWest® is a way to communicate with the Bank. Despite our best efforts, messages sent by E-mail are not secure, may be intercepted by third parties and may not be immediately received by the appropriate department of Community West Bank. Please do not use E-mail to send us communications that contain confidential information, that we require in writing or that need our immediate attention. An internet record that an E-mail has been ‘sent’ or ‘received’ is not verification that the E-mail has been received by Community West Bank. You cannot use E-mail to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within AccessWest® or call the AccessWest® Call Center at 1-888-831-5295.

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Mobile Banking
This feature provides a subset of the Bank’s electronic banking capabilities formatted for use on cell phones or other handheld devices. The capabilities available include Account information, Internal funds transfers, and single-entry ACH Origination to preapproved outside accounts. Of this subset, only the specific capabilities you have previously requested and been assigned in the electronic banking system will be available in Mobile Banking. A separate mobile banking enrollment request must be completed by the Customer and approved by the Bank prior to your use of the Mobile Banking features.

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Changes to Charges, Fees or Other Terms
We reserve the right to change the charges, fees or other terms described in this Online Banking Agreement. When changes are made to any fees, charges, or other material terms we will update this Online Banking Agreement. If required by law, we may send a notice of the change to you. We may send any notice to you at the address shown on our records, or send you an electronic mail message (E-mail). The notice will be posted or sent in advance of the effective date, unless an immediate change is necessary to maintain the security of the system. You may choose to accept or decline changes by continuing or discontinuing the accounts or Services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are also governed by the applicable Deposit Account Agreement and Disclosure and Schedule of Fees and Charges.

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New Services
From time to time, we may introduce new Online Banking Services. We shall update this Online Banking Services Agreement to notify you of these new Services. By using these Services when they become available, you agree to be bound by the rules contained in this Agreement, as revised.

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Fees
There are currently no monthly service fees for accessing your account(s) through AccessWest®. Certain fees, as described in our Schedule of Fees and Charges, may also apply to Services. You can find a description of these fees in the disclosures that have been separately provided to you in connection with your account(s). You may also ask for a Schedule of Fees and Charges at one of our branches. All fees and charges are subject to change by us. Your account(s) remain subject to fees and charges applicable to your account(s).

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II. PROVISIONS APPLICABLE TO PERSONAL BANKING SERVICES

In Case of Errors or Questions about Your Electronic Transfers (including Bill Payments).
Telephone us at 1-888-831-5295, or write us at Community West Bank, P.O. Box 249, Goleta, CA 93116-0249, Attn: AccessWest®, as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. 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.
The above time periods may be extended to 20 business days instead of 10 business days and to 90 calendar days instead of 45 calendar days, if the error involves a new account. An account is considered new for the first 30 calendar days after the first deposit to the account is made.

We will tell you the results within three 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.

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Bank’s Liability
If we do not complete a transfer (including a Bill Payment) 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 proximately caused by us. 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 any electronic terminal, telecommunication device, or any part of the system was not working properly and you knew about the breakdown when you started the transfer.
  4. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines), prevent the transfer, despite reasonable precautions that we have taken.
  5. If a legal order directs us to prohibit withdrawals from the account.
  6. If your account is closed or if it has been frozen or blocked.
  7. If you have not properly followed the on-screen instructions for using the Services.

There may be other exceptions in our agreements with you.

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Your Liability for Unauthorized Transfers.
Tell us AT ONCE if you believe your Authentication Codes or your Security Token have been lost or stolen or you cannot authenticate the Online Banking Service. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you tell us within 2 business days, you can lose no more than $50 if someone used your Authentication Codes without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of any of your Authentication Codes or your Security Token, and we can prove we could have stopped someone from using your Authentication Codes or Security Token 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, tell us at once. If you do not tell us within 60 days after the statement was mailed 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.

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Reporting Unauthorized Transactions
If you believe one of your Authentication Codes or your Security Token has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call: 1-888-831-5295; or write: Community West Bank, P.O. Box 249, Goleta, CA 93116-0249, Attn: AccessWest®.

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Transaction Types and Limitations.
The type of electronic fund transfers that you may make and any limitations on frequency and dollar amount of them are described above. See, for example, “Using AccessWest®” and at “Transfers and Bill Payment – General Limitations.”

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Fees
Your accounts remain subject to fees and charges applicable to that account. You may ask for a Schedule of Fees and Charges at one of our branches. All fees and charges are subject to change by us.

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Periodic Statement – Savings Account
You will get a monthly account statement from us (unless there are no transactions in a particular month. In any case you will get a statement quarterly).

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Preauthorized Payments
  1. Right to stop payment. If you have told us in advance to make regular payments out of your account, you can stop or change any of these payments. Here’s how:
  2. Call us at 1-888-831-5295 or write us at P. O. Box 249, Goleta, CA 93116-0249, Attn: AccessWest®, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call us, we may also require you to put your request in writing and get it to us within 14 days after you call. You will be charged the current stop-payment charge for each stop-payment order you give.

    If you need to stop a bill payment, refer to Section I, Bill Payment Services, Stop Payment Requests.

  3. Notice of varying amount. 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.)
  4. Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

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Confidentiality
We will disclose information to third parties about your account or the transfers you make:

  • Where it is necessary for completing transfers, or
  • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
  • In order to comply with government agency or court orders, or
  • If you give us your written permission.

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III. PROVISIONS APPLICABLE TO BUSINESS BANKING SERVICES

You agree to use Business Online Banking Services for business purposes and not for personal, family or household purposes. You understand that Section III does not apply to consumer transactions.

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System Users

Your enrollment form and subsequent written change requests approved by Bank will designate users of the System. (We do not verify the authorization of any person as a user at the time of any transaction, however, except through the use of the Authentication Codes. Your responsibility for unauthorized transactions is explained in more detail below.) You assume sole responsibility for the actions of the designated user(s) of the System, whether any particular transaction is consistent with any limitations you have placed on the user. Authorization granted by a user to another to use a Service (including Bill Payment, transfers from deposit and loan accounts) will be deemed to be authorization granted by you.

You will need to designate which accounts will be utilized for Services. If you or a user links an account that would otherwise require more than one signature for the withdrawal or transfer of funds, you agree that we may act upon any Service instruction that is accompanied by the Authentication Codes associated with you or a user for that account and the Service in question. This means, for example, that we may act upon the instruction of only ONE person even though you may have internal restrictions that otherwise impose specific limitations on access to deposit or loan balances. As long as an instruction is accompanied by appropriate Authentication Codes, the transaction will be deemed authorized by you.
You are responsible for controlling access to the Online Banking Services and for any limitations placed by you on the Services that may be used by other persons. The fact that the Bank is or may be made aware of, or could have discovered, any limitation on access to a Service does not make the Bank obligated to enforce or attempt to enforce any limitation. You specifically acknowledge that we do not, for example, verify whether any individual who accesses the System is or is not an authorized user except through the Authentication Codes as a security procedure. You are responsible for all transactions, whether or not a user is authorized, as discussed below.

You agree to establish procedures to protect the confidentiality of all information relating to the Services, including all Authentication Codes, and will promptly notify us if you know or suspect that information is stolen, compromised, or misused. You agree to establish and implement physical, technical and administrative measures to prevent unauthorized use of Authentication Codes and Security Token, including appropriate password controls, based on your assessment of the security requirements appropriate for the Services utilized by you.

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You are Responsible for all Services Conducted with Authentication Codes.

You assume all risks associated with disclosure or discovery of any Authentication Code by others. The Bank is not responsible for verifying whether a transfer or other request or other communication is originated by you or authorized by you other than through the security procedures of the System.

You authorize us to act on all communications received after the System has been accessed using your Authentication Codes. The authenticity of any transfer or other communication purporting to be from you will be verified by us using these Authentication Codes as a security procedure. Any transfer or other communication received by us through the Services and purporting to be from you will be deemed authorized by you and will be binding on you if it includes your Authentication Codes or is otherwise processed by us in accordance with these security procedures. If we used the security procedure(s) to verify the authenticity of a transfer or other communication received by us in your name, then we will be entitled to rely on it and you will be obligated and bound by it even if in fact the transfer or other communication was not authorized by you.

If a transfer or other communication was in fact authorized by you, then it will be binding on you even if we did not verify its authenticity using the security procedures of the Services.

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You Must Determine Whether the Security Procedures are Adequate to Prevent Unauthorized Transactions.
You agree to review all security procedures available to it in connection with the AccessWestsm Online Business Banking Services. You will determine if they are a commercially reasonable means of verifying the authenticity of transfers and communications from you. You will at a minimum consider the size, type and frequency of your transfers and alternative security procedures of which you are aware. After this review, you will notify us if your use of the Services would necessitate or be better served by authentication procedures that exceed the Authentication Codes and authentication procedures offered by the Online Banking Services. If you fail to notify us, you acknowledge and agree that the security procedures of the System are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized transactions.

Each time you use the Services, you warrant that the security procedures are a commercially reasonable procedure for preventing unauthorized transfers (based at a minimum on the normal size, type, and frequency of your transactions). Some of our Services may allow you or a designated user to set transaction limitations and establish internal controls. Your failure to set such limitations and implement such controls increases your exposure to unauthorized transactions.

We will not be required (by means of any security procedure or otherwise) to detect errors in the transmission or content of any communication we receive from you or from third parties. The security procedures are not designed to and will not serve to prevent error by you or others. We are not responsible for any failure in the accuracy, timeliness or completeness of any information you or others provide to us.

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Limitation of Bank's Liability
If we fail or delay in making a payment (for example, a loan payment) or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability will be limited to a refund of the amount erroneously transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 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.

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Federal Tax Payment Service – EFTPS.
If you are approved for Federal Tax Payment Service (EFTPS), the following terms and conditions apply.

You warrant that you have enrolled in the Electronic Federal Tax Payment System (EFTPS) on IRS Form 9779, EFTPS Business Enrollment Form, or any successor document. You warrant that you have selected the ACH Credit option, and that all special requirements of the EFTPS system are met, including the generation of prenotification entries before the first tax payment is sent. You further warrant that you will complete the CCD format with a TXP addenda record, as required.

Federal Tax Payments are processed through the ACH as ACH credit entries, and are subject to the provisions of this Agreement that apply to ACH transactions. You agree to use the Federal Tax Payment Services for the sole purpose of making federal tax payments. You may not use the Tax Payment Service for any other purpose.

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AccessWest® Online Banking Services Agreement Rev 03.30.2011

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