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Internet Banking Application

Direct Business & Direct Business Plus Internet Banking
User Terms & Conditions Agreement

LAST AMENDED 07/2014

This document sets forth the terms and conditions (the “Agreement”) for the Direct Business and Direct Business Plus Internet Banking Service (“Service”) offered by California Bank & Trust (CB&T) (“us”). In this Agreement, “you” refers to each owner and authorized signer on the accounts that may be accessed through the Service. Your use of the Service constitutes additional evidence of your agreement to these terms.

1. Services.
Direct Business and Direct Business Plus Internet Banking Service allows you to:

  • Establish, change, and delete users, and assign access privileges
  • View account balance information and transaction history (beginning from the Service activation date) for up to 18 months going forward on a rolling basis
  • View information on revolving loans and lines of credit
  • Transfer money between eligible accounts
  • Make payments to others from your primary checking account
  • Communicate with us by electronic mail (“email”)
  • View credit card activity through eCustomer Service
  • Set up email alerts through MyAlerts
  • View digitized check images of the front and back of your cancelled checks online, for the disbursement accounts linked to your CB&T Direct Business and Direct Business Plus Internet Banking service

Certain services may be subject to additional terms. We may make other services available to you from time to time. Unless we state otherwise, other services will be subject to the terms of this Agreement. Please note that online account information may not include recent transactions and account balances may include funds that are not subject to immediate withdrawal. Transactions may be approved that overdraw your account and fees may be incurred.

2. Equipment.
You will need the following or equivalent hardware and software in order to access our website, to receive notices from us, and to retain an electronic record of notices: a secure Internet connection with an HTML 4.0 compliant Internet browser capable of 128-bit SSL encryption, such as Internet Explorer 8.0 or higher (recommended), and a printer connected to your PC to print disclosures/notices or sufficient hard drive space available to save the information. We do not provide Internet Service Provider services. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We assume no responsibility for any error or malfunction by your computer or software, or for any computer virus or similar problems you may experience with the Internet or your Internet Service Provider. You must use equipment and software that are compatible with our system, which may change from time to time.

For Quickbooks® and Quicken®, 45 MB RAM; 85-165 MB of available hard disk space is required, and an additional 125 MB of hard disk space is required to run instructional videos and audio from the hard drive; 2X or faster CD-ROM drive; 256 color VGA monitor (SVGA recommended); Microsoft 98, 2000, NT, XP; Vista; 56k or higher modem required for Internet connectivity.

Note: Effective January 31, 2011, Microsoft discontinued support of Microsoft Money and Microsoft Money is no longer supported by PC Banking.

You are responsible for the selection, installation, maintenance, and operation of your computer and software. We assume no responsibility for any error or malfunction by your computer or software, or for any computer virus or similar problems you may experience with the Internet or your Internet Service Provider. You must use equipment and software that are compatible with our system, which may change from time to time. [Note: Some browser software may store User IDs/Login IDs and Passwords to facilitate the future use of a Website. For security reasons, you agree to disable this feature in your browser. Check your browser’s Help screen for more information on this feature.]

3. Electronic Communications.
You agree that this Agreement and any notice or other type of communication that is provided to you in connection with the Service, including amendments, statements, and account information, may be sent to you electronically by posting the communication at our Website or by sending it to you by email. You agree to provide us with your current email address for notices. If your email address changes, you must send us a notice of the new address by writing to us or sending us an email, using secure messaging.

4. Your Administrator.
The Site has been designed to minimize the possibility of fraud and error by allowing you to designate User IDs/Login IDs and Passwords and have them under the control of the individual or individuals that you have authorized and designated as Company System Administrator (CSA). The CSA must be a signer on the account. The California Bank & Trust Direct Business and Direct Business Plus Internet Banking system has been designed so that it may be operated only upon entry of valid codes. California Bank & Trust will therefore consider any access to the California Bank & Trust Direct Business and Direct Business Plus Internet Banking system through use of valid User IDs/Login IDs and Passwords to be duly authorized, and California Bank & Trust will carry out any instruction given regardless of the identity of the individual who is actually operating the system. You authorize California Bank & Trust to treat any instruction made on California Bank & Trust Direct Business and Direct Business Plus Internet Banking with valid User IDs/Login IDs and Passwords as if the instructions had been made in writing and signed by the appropriate authorized individual or individuals. California Bank & Trust records regarding access by User IDs/Login IDs and Passwords will be conclusive regarding any access to, or action taken through California Bank & Trust Direct Business and Direct Business Plus Internet Banking. You accept responsibility for unauthorized access to the system by your employees, your associates or by third parties. You agree to inform California Bank & Trust promptly of any discrepancies that you discover. You confirm that you have conducted such investigation of the California Bank & Trust Direct Business and Direct Business Plus Internet Banking security system as you deem necessary or advisable, and that you have instituted the proper internal controls for access to California Bank & Trust Direct Business and Direct Business Plus Internet Banking through your computers and terminals. You acknowledge and confirm that California Bank & Trust’s security system and controls are commercially reasonable for your business and appropriate for your accounts.

5. IDs and Passwords.
You will need a Company ID, a User ID/Login ID and a Password to access the Service. You agree to keep this information secure and confidential. Never place it on or near your computer or disclose it to others. [Note: Some browser software may store User IDs/Login IDs and Passwords to facilitate the future use of a Website. For security reasons, you agree to disable this feature in your browser. Check your browser’s Help screen for more information on this feature.] You agree to closely and regularly monitor the activities of employees who access the Service and notify us immediately if you have any reason to believe the security or confidentiality required by this provision has been or may be breached. Our security procedures are not designed for the detection of errors (e.g., duplicate payments or errors in your instructions). Passwords must be from 8 to 15 characters. Every 30 days, your password must be changed, and previous passwords may not be reused. If you forget, or need assistance resetting your Password, contact us at (877) 650-0095.

6. Hours of Operation.
You may access account information and communicate 7 days a week through secure email, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.

7. Transfers.
Within the Transfer area of the Website, you may transfer funds from your Deposit Accounts to: (a) your other CB&T Deposit Accounts that you are a signer on or to a third-party’s CB&T Deposit Account that you are not a signer on (Internal Transfers) (b) your Loan Accounts (Internal Payments) (c) you may also be able to transfer funds from eligible loans or credit cards to your deposit accounts (Internal Advances).

You may make Internal Transfers to a third-party’s CB&T account only if you know the account number and they are a CB&T online/internet banking customer. The aggregate amount of all Internal Transfers from a Deposit Account to third-party accounts may not exceed $1,000 on any single day. This type of Internal Transfer where a transfer is made from a Deposit Account to a third-party’s account CANNOT be canceled once it has been submitted. Therefore, be certain that you enter in the correct destination account information as these transfers will not be recoverable if you make any input errors.

Internal Payments will be credited to the designated Loan Account as a regular payment. Please refer to your Loan Account Agreement(s) for information on how regular payments are applied. For some Loan Accounts you may be permitted to make principal-only payments. (Which Loan Accounts will accept principal-only Internal Payments is subject to change from time to time without prior notice and will be reflected in the features available each time you log in to Internet Banking.) Principal-only payments will not satisfy scheduled payment due requirements. Prior to making a payment to payoff a Loan Account, please contact our Customer Service Center (800) 400-6080 to obtain the payoff amount. We cannot guarantee that estimated payoffs will satisfy the loan terms.

Internal Transfers and Internal Payments entered before the daily cut-off time, which is 8:00 p.m. PT on any business day, will be processed on that day, and available balances in your Deposit Account(s) will be adjusted immediately and available for subsequent: (a) ATM transactions, (b) PIN-based Debit Card transactions (c) withdrawals at the branch teller, and (d) payment of checks or other debits as applicable to your Deposit Account(s). Internal Transfers, Internal Payments and Internal Advances entered after the daily cut-off time, or not on a business day, will be posted to your eligible accounts the next business day. However, available balances in your Deposit Account(s) are adjusted immediately and available for subsequent: (a) ATM transactions and (b) PIN-based Debit Card transactions. Any Internal Transfer to a Deposit Account may require up to one full business day before the funds are available for subsequent non PIN-based Debit Card transactions. We suggest that you schedule your transfers at least 15 minutes before the cutoff hour. If balances are insufficient at the time of a scheduled transfer, transactions may overdraw your account and result in a fee.

Canceling an Internal Transfer, Internal Payment or Internal Advance. You may schedule one-time and recurring Internal Transfers, Internal Payments or Internal Advances. You may cancel any one-time or recurring Internal Transfer, Internal Payment or Internal Advance if you do so within one Business Day prior to the scheduled transaction processing date. Scheduled one-time and recurring Internal Transfers or Internal Payments may only be canceled by placing a request through the Online Banking Service, or by calling Online Banking Customer Service at (877) 650-0095. You may NOT cancel any immediate Internal Transfer or immediate Internal Payment. (An “immediate” transaction is one that you schedule to be made immediately at the time of your instruction.)

8. Online-Issued Stop Payments of “Paper” Checks.
You may stop payment on a single check through the Website. If you would like to stop payment on a series of checks, you may do so by contacting a CB&T branch.

You cannot stop payment on any debit card purchases; however, if the merchant converts a check to a paperless POP (point of purchase) item, a stop payment order will be effective.

You must make any stop payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop payment cutoff time. To be effective, your stop payment order must precisely identify the number, date and amount of the item, and the payee.

You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item.

Our stop payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item).

See Service Charge Information brochure for applicable stop payment fees.

9. Electronic Mail.
You may use the Service to send us electronic mail (“email”). Since email can be subject to delays and may not be reviewed by us after normal business hours, do not rely on it if you need to communicate with us immediately (e.g., to report an unauthorized transaction). If you need to contact us immediately, please contact your branch of account at the telephone number and address set forth on your statements. We will have a reasonable time to act upon any email request, and reserve the right to reject any instruction or request received by email (e.g., a request to wire funds). Please do not include any sensitive information about yourself or your accounts in email that is not encrypted and sent through a secure email system. You agree that we may read and record any email and other communications between you and our employees through the Service.

10. Business Days.
Our business days are Monday through Friday, excluding holidays.

11. Documentation.
Information on transfers and payments will be reflected on your periodic statements and will be available to you online. We do not provide you with any other notice of such transactions.

12. Service Fees.
We may charge service fees to your account. We may impose a charge for each transfer, payment or other transaction that exceeds the limit we set for your account each statement period. You can obtain information on our current fees and balance requirements by visiting our website (calbanktrust.com) or by contacting your branch of account. We are not responsible for any fees that may be billed to you by your Internet Service Provider.

13. Limitations.
We reserve the right to limit the frequency and dollar amount of transfers and payments for security reasons. You may make up to six transfers and/or withdrawals per monthly statement cycle by means of a preauthorized, automatic, telephone or internet transfer to another account of yours or to a third party or by check, debit card, or similar order to a third party.

14. Limitation of Liability.
Except as otherwise stated in this Agreement, we will be liable to you only for damages arising directly from our intentional misconduct or gross negligence in the performance of the Service. We will not be responsible for any loss, delay, cost or liability which arises, directly or indirectly, in whole or in part, from: (a) your actions or omissions, or those of third parties which are not within our immediate and reasonable control (b) your negligence or breach of any agreement with us (c) any ambiguity, inaccuracy or omission in any instruction or information provided to us (d) any error, failure or delay in the transmission or delivery of data, records or items due to a breakdown in any computer or communications facility (e) accidents, strikes, labor disputes, civil unrest, fire, flood, water damage (e.g., from fire suppression systems), or acts of God (f) causes beyond our reasonable control (g) the application of any government or funds-transfer system rule, guideline, policy or regulation (h) the lack of available funds in your account to complete a transaction (i) our inability to confirm to our satisfaction the authority of any person to act on your behalf (j) your failure to follow any applicable software manufacturer’s recommendations or our online Service instructions.

There may be other exceptions to our liability, as stated in your deposit agreement with us. We will not be responsible under any circumstances for special, indirect, or consequential damages which you incur as a result of our actions or omissions, even if we are aware of the possibility for such damages. Our liability and your remedy for actual costs and losses resulting from our actions and/or omissions, whether the claim is in contract or tort, will not exceed six times the average monthly charge for the Service for the three months immediately preceding the cost or loss.

Any claim, action or proceeding by you to enforce the terms of this Agreement or to recover for any Service-related loss must be commenced within one year from the date that the event giving rise to the claim, action or proceeding first occurs. You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with the Service. You acknowledge that our Service fees have been established in contemplation of: (a) these limitations on our liability (b) your agreement to review statements, confirmations, and notices promptly and to notify us immediately of any discrepancies or problems (c) your agreement to assist us in any loss recovery effort.

15. Notices.
You agree to notify us immediately if you discover: (a) any error or discrepancy between your records and the information we provide to you about your accounts or transactions (e.g., in a statement, confirmation, or electronic report) (b) unauthorized transactions involving any account (c) a breach in the confidentiality of any User ID/Login ID or Password or, (d) other problems related to the Service.

You must send us a written notice of any discrepancy or other problem, including a statement of the relevant facts, within a reasonable time (not to exceed 15 days from the date you first discover the problem or receive information reflecting the problem, whichever occurs first).

Unless otherwise agreed, notices required by this Agreement must be in writing. Notices to you may be mailed or sent to you at the statement, email or mailing address shown for you in our deposit or Service records. You agree to provide us with advance notice of any change in your address or email address. Notices to us must be sent to your branch of account (See your account statement for the address).

16. Contacting Us.
If you need assistance involving the Service, you can contact us at (877) 650-0095. If you believe your account has been or is being used in an unauthorized manner; contact your branch of account at the telephone number or address shown on your statement.

17. Other Terms.
This Agreement supplements the terms of the Account Agreement. Please see that agreement for other terms relating to this Service (for example, waivers, governing law, and overdrafts). You agree to comply with the terms and conditions found at our Website, as well as any Service guidelines and instructions set forth at that site. Unless we agree otherwise in a writing that specifically refers to this Agreement, this Agreement, our Website terms and conditions, and the Account Agreement contain all of the terms of our agreement with you with respect to the Service. The terms of this Agreement will supersede any conflicting terms in the Website terms and conditions and the Account Agreement with respect to the Service.

18. Change in Terms.
We may amend (add to, delete from, or change) the terms of this Agreement at any time by sending a notice to you at the address or email address shown for you in our records, by posting the notice or an amended Agreement on our Website, or by delivering it to you. You may choose not to accept the change by closing your account(s) or terminating this Agreement and your use of the Service.

19. Termination.
We may terminate or suspend your access to all or part of the Service at any time, with or without cause. We may automatically terminate your use of the Service without notice if you do not use it for 90 consecutive days. If you decide to cancel the Service, you must send us a secure message or write to us at:

California Bank & Trust
Internet Banking
P.O. Box 19490
San Diego, CA 92159-9935

at least 30 days prior to the cancellation date. Let us know if you have any outstanding scheduled bill payments that you wish to cancel. Unless you advise us not to make such payments, you will be responsible for any payments we make following your notice of termination. We may refuse to make scheduled Service payments following termination of the Service.

20. Automated Clearing House (“ACH”) Service.
Certain types of transactions utilize the ACH Service, which facilitates initiation of electronic funds transfer transactions, and allows you to transfer funds for payments to other accounts with other participating financial institutions through the Automated Clearing House (the “ACH”).

Upon credit approval, you may initiate transactions, subject to your approved limits, for one or more of the following reasons:

1) Employee Direct Deposit for Payroll Purposes 2) Electronic Tax Payments. All ACH activity will be governed by and subject to Operating Rules of the National Automated Clearing House (NACHA) and Western Payments Alliance (WesPay), as they may be amended from time to time (the “Rules”), and applicable federal and state laws. You and we are bound by the Rules for all Entries whether or not an Entry is sent through the ACH. All capitalized terms used in this section, but not defined in this Agreement will have the meanings indicated in the Rules. The term “Entry” (or “Entries”) shall have the meaning provided in the Rules, and shall also include pre-notifications and the Entry data you submit from which we prepare the Entries. Should sufficient funds not be available in the source account when an ACH transaction is processed, California Bank & Trust may deduct the appropriate amount from any other account you maintain at California Bank & Trust, on the effective date of the transaction, or thereafter.

Each time you use the ACH Services, you warrant that your ACH transactions do not violate United States laws or regulations (e.g., laws administered by the U.S.Treasury’s Office of Foreign Assets Control (“OFAC”)).

You agree to send pre-notification Entries when required by the Rules, and you agree not to send an Entry when a prior pre- notification for that Entry has been rejected or returned, until you have corrected the reason for the rejection or return and have sent a new pre-notification Entry.

Your use of the ACH service is subject to credit approval.

VISIT OUR WEBSITE AT: calbanktrust.com

QUESTIONS:

cbtquestions@calbt.com

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