Online Banking Agreement
The Online Banking Agreement (Agreement) states the terms and conditions for OneWest Bank's Online Banking services. In this Agreement, "you", "your", and "yours" refer to the person who holds the account. The words "we", "our", and "us" mean OneWest Bank.
Acceptance of the Agreement
By accepting this Agreement, you agree and consent to all terms and conditions of this Agreement which includes your authorization to accept your electronic instructions to perform specific functions designated by you that are available on our Online Banking website. We recommend that you print this Agreement. You may obtain a paper copy of this Agreement at no charge by calling our Client Care Center at 877.741.9378 or writing to OneWest Bank, PO Box 471, Santa Monica, CA 90046-0471.
Other Bank Agreements
Your use of OneWest Bank's Online Banking is affected by the agreements between us for your deposit account and other linked accounts. Therefore, the terms and conditions in this Agreement are in addition to our Account Disclosures (which includes product descriptions and fee schedule), any Line of Credit Agreement and Disclosure, and any related account addenda and other credit agreements you may have with us, as well as applicable rules and regulations. You should review those Agreements and disclosures for any fees or applicable limitations on the number of transfers you can make, and for other restrictions that may impact your use of these Online Banking services.
Online Banking Services
Online Banking services vary by account type. The following shows the services that may be available to you depending upon your OneWest Bank account:
Account Type Balances History Internal Transfers External Transfers Bill Pay
Checking Accounts X X X X X
Savings Accounts X X X X
Money Market Accounts X X X X
Certificate Of Deposits X X
Line Of Credit X X
Account Balances
Account balances are available through Online Banking for your linked checking, savings and money market accounts, certificate of deposits including retirement accounts and line of credit account. Online Banking lists your account balance as well as your available balance in real time as of the time of the transaction. Your account balance may include unavailable funds. The available balance consists of funds that are readily available for withdrawal.
Internal Transfers
Internal transfers can be made from any checking, money market or savings account on either a "one time" or "recurring"
(at regular intervals) basis. Transfers can be processed between eligible accounts that share one common owner. You must be an owner of and have the unrestricted right of withdrawal from all eligible accounts to and from which you request any transfers. We reserve the right to limit the frequency and dollar amount of transactions on your accounts for security reasons. When you use this service, you must have sufficient funds available on the date of the transfer (or scheduled transfer date) in the selected account (including available overdraft protection coverage, if applicable) to cover the amount of the transfer.
Viewing Transaction History
You may view transaction history information on any of your savings, money market, or checking accounts.
Viewing Paid Checks
You may view and print checks (front and back) drawn and paid against your checking and money market accounts. You will be able to view check images for at least 90 days after the check was paid against your account.
Set up Email Alerts
You may set up automatic email alerts to yourself when certain events occur on accounts designated by you. These include: (1) balance alerts when your account balance falls below and increases above an amount specified by you; (2) transaction alerts when any deposit or withdrawal transaction greater or less than an amount specified by you occurs on your account; or (3) email alerts that notify you when there is a secure message for you from us on our Online Banking website. It is therefore important that you keep your email address current. There are no fees specifically associated with setting up or cancelling these alerts.
Self-Service Functions
We may accept your electronic instructions via Online Banking to perform any of the following self-service functions: (1) re-ordering checks for your checking or money market account (if available); (2) placing a stop payment on a check drawn against your checking or money market account; (3) ordering a copy of a periodic statement on your account; or (4) requesting a copy of a check drawn and paid against your checking or money market account. There may be a charge for one or more of these services. Refer to the "Products and Fees" section of your Account Disclosures for details.
Bill Payment
Bill Payment allows you to make payments to a third party from an OneWest Bank checking account on scheduled dates through our vendor (service provider) that processes such payments. This service allows you to make payments to virtually anyone within the United States, except where prohibited by law. You may also use Bill Payment to automatically pay bills that have a fixed frequency and amount. Once automatic bill payments are initially set-up and transmitted, they are made without having to transmit the payment again. A checking account that requires more than one signature to make withdrawals may not be used for bill payment services. The initial set-up of the Bill Payment feature to your designated checking account may require up to one week. In addition to enrolling into Online Banking, you must enroll separately for the bill payment service and accept the "Bill Payment Terms and Conditions" and "Terms of Use" disclosure via the separate "Bill Payment" tab on the Online Banking overview screen.
External Account Transfers
This service allows bill payment users to transfer funds from their checking, savings, or money market account at
OneWest Bank to an eligible account at another financial institution through our vendor (service provider) via ACH. Once you sign up for and accept the terms and conditions for our bill payment service (which includes the terms and conditions for external account transfers), you may begin using the external account transfer service. To request external account transfers you will need the account number and the routing/transit number of the account to where the funds are to be transferred.
Transfer Limitations for Savings and Money Market Accounts
Your ability to transfer funds to third parties from savings and money market accounts is limited by federal regulations as described in our Account Disclosures. You are limited to six preauthorized electronic fund transfers, telephone transfers, automatic transfers to another account to pay checks, and point-of-sale transactions per monthly statement cycle. Each transfer or payment through our Online Banking from your money market or savings account to other accounts with us or to third parties is counted as one of the six transfers permitted each statement period. For this reason, we do not permit use of a money market deposit or savings account as your designated bill payment account. You will be charged an excess activity fee each time you exceed the transaction limitations noted. Please refer to our current fee disclosure (a copy of which you received when you opened your account) or call our Client Care Center at 1.877.741.WEST for details.
Should excessive withdrawals or transfers continue on your money market deposit or savings account, we may either close your account or convert it to a checking account with unlimited check writing.
Canceling Online Bill Payments or Transfers
You may use Bill Payment and Online Transfer to cancel a payment or transfer request that has already been transmitted or an automatic recurring payment or transfer if the payment or transfer has not already been processed. You must transmit your cancellation request online before the business day prior to the processing date. If you are unable to cancel your payments or transfers online, you can call us, or write us, in time for us to receive your request three (3) business days or more before the transaction is scheduled to be made. If you call, we may also require that you confirm your request in writing and provide your written confirmation within (3) three days following your call. If the cancellation request is not received per the above instructions, we cannot guarantee the payment will be canceled and you are responsible for the payment. If you call or write to cancel a transfer or payment, you may be charged a stop payment fee as provided in this agreement.
Cut-Off Times
The following cutoff times pertain to specific Online Banking transactions. Transactions received on any business day prior to the cutoff time indicated below will normally be posted the same day.
Funds Transfers 8:00 PM PT Bill Payments 7:00 PM PT Bill Payments (Next Day) 4:00 PM PT
Transactions received via Online Banking on any business day after the cutoff time indicated will be posted by the next business day after we received your transaction. For bill payments, the cutoff time is in addition to and in advance of any processing time required by our vendor to ensure payment by the payment due date as outlined in the "Bill Payment Terms and Conditions" (which is normally four or five business days).
Online Banking Enrollment
When you enroll for Online Banking you will be prompted for your social security number, account number and account type. Additional personal information will be required to authenticate your account. Next you will select a user name and
"O". It is important to keep your password confidential to prevent unauthorized transactions on your OneWest Bank accounts. We recommend that you use different passwords for telephone banking and Online Banking. If you forget your password or need assistance establishing Online Banking you may call our Client Care Center and speak to one of our representatives at 1.877.741.WEST. You should change your password frequently to help safeguard the security of your accounts. Our employees will never contact you via e-mail or by phone requesting your online password. If you are contacted by anyone requesting this information, do not provide it and contact us immediately at 1.877.741.WEST.
Sessions
A "session" is completed when you click on the "Sign Off" button, close your browser, or move to a web site outside the secure socket layer established by OneWest Bank. The session may also be terminated if there is no activity within a set amount of time. In the event of a communications error, the session is terminated automatically. If you have not completed your transaction before the session is terminated, you must begin the transaction again.
Online Banking Service Charges
Online Account Access Free
Bill Pay Service Free
Bill Pay NSF Fee $30
Bill Pay Stop Payment $20
External Transfer NSF Fee $30 Miscellaneous Fees
Overnight Bill Payment $19.95
ZashPay Payment $0.50
Our Online Banking fees and charges are in addition to the fees and charges that apply to your accounts with us as described in our current Account Disclosures, any disclosure addenda, the Line of Credit Agreement and Disclosure, and any other credit agreements you have with us. In addition, fees may be assessed for performing additional services through Online Banking, such as processing stop payment requests, check and statement copy orders and transactions that result in non-sufficient funds. Consult your account agreements for details. Finally, you should note that depending upon how you access your Online Banking you may incur Internet service provider fees and telephone charges.
Download Format
You can download your banking transactions into programs such as Quicken, Microsoft Money, and CSV files. There is no monthly access charge for this feature.
Business Days
Our business days are Monday through Friday, excluding Federal holidays. You may use your computer to access the Online Banking services 24-hours a day, seven days a week, except when the system is unavailable. The system may be unavailable due to scheduled and/or unscheduled maintenance and system outages. We are not responsible for the unavailability of the Online Banking system or any consequential damages that may result from its unavailability.
Customer Service
You may contact our Client Care Center at 1.877.741.WEST or email [email protected].
Electronic Mail (email)
You should not use email to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within our Online Banking website.
In Case of Errors or Questions About Your Electronic Transfers
Call us at 1.877.741.WEST or write us at OneWest Bank, PO Box 471, Santa Monica, CA 90046-0471 as soon as you can if you think your statement or receipt is wrong or if you need more information about an Online Banking or other electronic transaction. 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.
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.
In addition, it would be helpful if you provided us with any supporting documentation related to the 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 that 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. For errors involving new accounts, point-of-sale or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. 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. If you have been given provisional credit, the amount will be deducted from your account. You may ask for copies of the documents that we used in our investigation.
Your Liability for Unauthorized Electronic Fund Transfers
Tell us AT ONCE if you believe your Card, PIN, password or other means to access your account has been lost or stolen, or if you believe that an Online Banking or other electronic fund transfer has been made without your permission using information from your check, Card, PIN, password or other means to access your account. Telephoning us is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days after you learn of the loss or theft of your Card, PIN, password, or other means to access your account, you can lose no more than $50 if someone used your Card, PIN, password or other means to access your account without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Card, PIN, password, etc. and we can prove we could have stopped someone from using your Card, PIN, password, etc. without your permission if you had told us, you could lose as much as $500.
If your statement shows Online Banking or other electronic transfers that you did not make, including those made by Card, PIN or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available 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 may extend the time periods at our sole discretion.
Our Liability for Failing to Make Transfers
If we do not complete an electronic fund transfer 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. However, there are some exceptions (including but not limited to) the following circumstances:
Through no fault of ours, you do not have enough available funds in your account to make the transfer;
Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us;
Your computer, your telephone, the phone lines, or the Bank's computer systems were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transaction;
The funds in your account are subject to legal process, an uncollected funds hold or are otherwise not available for withdrawal;
The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely; or We have reason to believe the transaction may not be authorized by you.
Without limiting the foregoing, we shall not be liable for late charges, interest, penalties or other amounts incurred by you for your failure to allow sufficient time for processing and delivery of any transfer so long as the Bank has complied with the provisions of this agreement.
Business and Other Non-Personal Accounts
The provisions above entitled "Our Liability for Failing to Make Transfers," "Your Liability for Unauthorized Electronic Fund Transfers," and "In Case of Errors or Questions About Your Electronic Fund Transfers" do not apply to business or other non-personal accounts. You should notify us immediately if you discover any unauthorized transactions or errors involving your Account. You must send us a written notice of the problem within a reasonable time, not to exceed 14 days from the date of discovery or your receipt of the first statement or notice reflecting the problem, whichever occurs first. You agree to assist us in the investigation and prosecution of claims for unauthorized transactions by completing the appropriate reports and statements requested by us. You agree to notify us immediately in writing whenever there is a change of signatories on the account. You are liable for all unauthorized transactions made with your Card or the PIN associated with your Card, password or other access device that occur prior to the time you notify us to cancel your Card, that an unauthorized transaction has taken place, or that your Card, PIN or other password has been lost or stolen. It is important that you review your statements closely. Debit Card transactions are not considered unauthorized if they are made by a business co-owner or any other person with an interest in or authority to transact business on your Account, even if the person exceeds any authority given by you.
Notice
We reserve the right to change or amend the terms and conditions of this Agreement and our Online Banking at any time.
We will notify you either by secure e-mail on our Online Banking website or by postal mail to the address shown in our records (at our option) when there are material changes in this Agreement (or as otherwise required by law). By using these services following the effective date of any change, you agree to be bound by the amended terms of this
Agreement. You may obtain a paper copy of any amendments or changes to this Agreement by calling our Client Care Center at 877.741.9378 or writing to OneWest Bank, PO Box 471, Santa Monica, CA 90046-0471. A copy of our current Online Banking Agreement is also available on our Online Banking website via the appropriate link.
Privacy
OneWest Bank recognizes that our customers and others visiting our online websites have an expectation of privacy in their dealings with us. For these reasons, OneWest Bank takes the security and privacy of customer information very seriously. Please see OneWest Bank's Privacy Policies, which can be found on our website for more specific terms and conditions.
Address or Banking Changes
It is your responsibility to ensure that the contact information in your Online Banking profile is current and accurate. This includes, but is not limited to, name, address, phone numbers, and e-mail addresses.
Your Responsibility
You are responsible for all transfers you authorize using our Online Banking services. If you permit other persons to use the Online Banking services or your password, you are responsible for any transactions they authorize from your accounts
whether or not you intended that they perform these transactions. Transactions that you initiate with fraudulent intent, or someone acting with you initiates, will also be authorized transactions. You must notify us immediately if you believe any of your accounts have been accessed without your permission or your password has been compromised. Contacting us immediately will help you reduce possible losses.
Our Responsibility
We are responsible for completing transfer and bill payments on time according to your properly entered and transmitted instructions. However, we will not be liable:
If you negligently or intentionally share your user ID and password, or you do not report immediately any known theft of your ID and/or password, leading to unauthorized access to your accounts;
If circumstances beyond our control (such as fire or flood) prevent the transaction or transfer despite reasonable precautions we've taken;
If you leave your computer unattended in the middle of a banking session and that results in unauthorized access to your account(s);
If you do not sign-off after completing your banking session before visiting other Internet sites.
If your input error is the cause of a problem;
Through no fault of ours, you do not have enough money in your account to make the transfer;
If withdrawals from any of your Online Banking services accounts have been prohibited by a court order such as a garnishment or other legal process;
If there are postal delays that result in a payee not crediting your payment promptly;
For indirect, incidental, special, or consequential damages arising out of the use of Online Banking, including Online Bill Payment.
Statements
Unless you have registered to receive electronic statements (our "eStatements), we will mail you statements for your bank accounts at the frequency described in the Account Disclosures applicable to your account type. Your statement will include any transfers or bill payments you authorized using the Online Banking services. To sign up for eStatements, you must enroll and accept the "Consent and Authorization for Electronic Transmission of Account Statements" via the
"eStatements" option under the "Account Access" tab on the Online Banking overview page.
Termination
This Agreement remains in effect until it is terminated by either you or us. You may remove your consent or otherwise terminate this Agreement by notifying us of your intention to cancel Online Banking via the Online Banking email address or by calling 1.877.741.WEST. We may terminate this Agreement and your participation in Online Banking at any time, for any reason, including non-usage or inactivity. Although we will try to notify you in advance of our termination, we are not obligated to do so. If you terminate this Online Banking Agreement, you authorize us to continue making transfers and bill payments you have previously authorized up to two business days after our receipt of your cancellation request. Once we have acted upon your termination notice: (1) we will make no further transfers or payments from your accounts, including any transfers or payments you have previously authorized; (2) we will discontinue any email alerts you may have set up via Online Banking; and (3) you will no longer be able to view account balances and histories of your eligible accounts;
and (4) you will no longer be able to submit your electronic authorizations or instructions to perform internal transfers or any of our self-service functions.
If you choose to terminate this Agreement and want to ensure that any outstanding authorized payment or transfer is not made, you should cancel all scheduled payments or transfers prior to notifying us that you are discontinuing this service.
Please note that your cancellation of the Online Banking under this Agreement does not terminate your OneWest Bank accounts. Conversely, if you close your designated transfer OneWest Bank account(s), your Online Banking services will end, and all unprocessed transfers and payments will be canceled. There is no fee specifically associated with cancelling Online Banking and/or this Agreement.
