This Personal Internet Banking Service Agreement (“Agreement”) establishes the rules that govern the electronic access to your accounts at Western Alliance Bank (including the following divisions: Alliance Bank of Arizona, Bank of Nevada, First Independent Bank, and Torrey Pines Bank) ("Bank") through the Internet Banking System ("System"). By using the System, you accept all the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts, as well as your other agreements with Bank, continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is governed by federal laws and the laws of the State of Arizona, except when the law of the state where your account is located is not superseded by federal law. If any provision of this Agreement is found to be unenforceable, all remaining provisions will continue in full force and effect.
The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs, successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, along with the Deposit Account Agreement and Disclosures, constitutes the entire agreement between you and Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
-Definitions - As used in this Agreement, the words "we", "our", "us" and "Bank" mean Western Alliance Bank. "You" and "your" refer to the “ACCOUNTHOLDER” authorized by Bank to use System under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through System. "Account" or "accounts" means your accounts at Bank. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Bank accounts using the System, including but not limited to bill payments. "System Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday. Holidays are not included.
-Access - To use the System, you must have at least one account at the Bank; acquire the computer hardware and software required to access the System; access to Internet service; and an e-mail address. Access to your accounts through the System will be based upon the identification of users. Other than authenticating login information, we undertake no obligation to monitor transactions through System to determine that they are made on behalf of the accountholder.
-System Services - You can use the System to check the balance of your Bank accounts, view Bank account histories, transfer funds between your Bank accounts, make stop payment requests, view checks, and pay bills from your Bank accounts in the amounts and on the dates you request (if you have requested the Bill Payment Service). Balance and activity information are available as of the previous business day.
-Hours of Access – Consumers can use the System seven days a week, twenty-four hours a day, although some or all System services may not be available occasionally due to scheduled System maintenance, periodic outages or emergencies. We agree to post notice of any extended periods of non-availability on the System web site.
Your Password - For security purposes, you are required to change your password upon your initial login to System. You determine what password you will use, and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to System will be revoked. To re-establish your authorization to use System, you must contact us to have your password reset or to obtain a new temporary password.
We recommend that the password you choose not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
Security - You understand the importance of your role in preventing misuse of your accounts through the System and you agree to promptly examine your monthly statements for each of your Bank accounts as soon as you receive it. You agree to protect the confidentiality of your account, account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via the System is encrypted in an effort to provide transmission security and the System utilizes identification technology to verify that the sender and receiver of System transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the System, or e-mails transmitted to and from us, will not be monitored or read by others.
Fees and Charges – You agree to pay the fees and charges for your use of the System according to the fee schedule we have established and may amend from time to time. These fees and charges will be in addition to any charges associated with the account you maintain with the Bank. Our schedule of fees for the System is set forth in your product disclosure statement.
Balance Reporting – Bank shall provide prior day and memo post balance and transaction information on your Bank account(s). Bank shall not be responsible for the accuracy and timeliness of the delivery of any information furnished to the System by other reporting Banks.
Transfers – You agree that given the size, type and frequency of the intra-Bank transfers, which you intend to make, the following procedures are commercially reasonable. You agree that Bank may solely rely on these procedures to verify the authenticity of your transfer requests. You agree to be bound by any transfer requested in your name and which is in compliance with such procedures whether actually authorized or not. The procedures are as follows:
—You are responsible for the input and verification of all information onto the System. Bank shall have no responsibility to determine the accuracy of such information. Should there be any conflict between account number and account name, the account number shall prevail. Bank shall be entitled to rely upon any book transfer request reasonably believed by Bank to have been input by you or your authorized users.
—Transfers initiated through System before 6:00 p.m. (Pacific Standard Time) on a business day (defined as Monday through Friday, holidays not included) are posted to your account the same day. Transfers completed after 6:00 p.m. (Pacific Standard Time) on a business day, Saturday, Sunday or Banking holiday, will be posted on the next business day. The system identifies transfers based upon the login ID of the user who made the electronic transfer.
—Bank may, in its sole discretion, reject any transfer request if there are insufficient Available Collected Balances in your authorized account(s); or the transfer request (1) is not authenticated to Bank’s satisfaction or which Bank believes may not be authorized by you; (2) contains incorrect, incomplete or ambiguous information; or (3) involves funds subject to a lien, hold, dispute or legal process which prevents their withdrawal. Bank shall incur no liability for any loss to you or to any third person occasioned by Bank’s refusal to make such transfer.
—Bank shall not be responsible for any loss or liability arising from: Your negligence or breach of this Agreement; any ambiguity or inaccuracy in any book transfer request or in the information set forth in this Agreement given to Bank by you; or from any error, failure or delay in the execution of a book transfer, including without limitation any inoperability of computer or communication facilities, or other circumstances beyond the Bank’s reasonable control.
—Types of Transfers:
—Transfer funds between your checking and savings accounts.
—Make bill payments to third parties.
-LIMITATIONS –For transactions from a savings or money market account, you may make six (6) transfers payable to third parties from your account each four (4) week or similar period, by check, draft, debit card or similar order (including POS transactions), made by the depositor, preauthorized or automatic transfer, or telephonic agreement, order or instruction. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited. Transfers for the purpose of repaying loans held at this Bank are unlimited. 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 being held until the hold expires.
-Overdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient funds to perform all electronic fund transfers, System will not allow you to complete the transfer.
-System Bill Payment Service - You agree to be bound by the Terms and Conditions of CheckFree Corporation, our third party bill payment service provider. A copy of these Terms and Conditions may be obtained electronically by visiting their web site, http://www.checkfree.com, contacting by telephone at (800) 877-8021, or by postal mail addressed to CheckFree Corporation, P.O. Box 2168, Columbus, OH 43216-2168.
-Stop-Payment Requests – System allows you to: (1) place a stop payment order request of up to six (6) months in duration; (2) determine the paid status of a check. Any stop payment placed on the System shall automatically expire at the time designated by you – not to exceed six (6) months from the date of the placement of the stop payment order by you.
-You agree to indemnify Bank against any loss for the amount of said check and all expenses, costs and consequential damages, if any, incurred by Bank because of refusing payment pursuant to your stop payment order. You agree not to hold Bank liable on account of payment contrary to your stop payment order if same occurs through inadvertence, accident or oversight, or if by reason of such payment other items drawn by the undersigned are returned insufficient. You agree that any stop payment placed on any check issued on your accounts designated on the Enrollment Form may be relied upon by Bank to have been placed by an agent of you duly authorized to place the stop payment, and Bank shall have no duty or obligation to verify either the authenticity of the stop payment order request or the authority of the person placing it.
-You may initiate stop-payment requests online via System only for paper checks you have written (non- electronically) on your Bank accounts. Online stop-payment requests are processed between 8:00 a.m. and 6:00 p.m. (Pacific Standard Time) each business day. To be effective, this type of stop-payment request must precisely identify the account number, name of the payee, the check number, the amount, the date of the check, and the reason for stop payment. Bank shall have no responsibility to determine the accuracy of such information. Bank shall provide you notice of the actual stop payment of a check by making such information accessible to you online via the System.
-You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account.
-Confidentiality – We will disclose information to third parties about your account or the transfers you make:
-Where it is necessary for completing transfers;
-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.
-Periodic Statements - You will not receive a separate System statement. Transfers to and from your accounts using System will appear on the respective periodic paper or electronic (e-statements) for your Bank accounts.
-Change in Terms - We may change any term of this Agreement at any time. If the change would result in increased fees for any System service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the Bank System web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject System Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
-In Case of Errors or Questions about Your Electronic Transfers - Telephone us at the following division number where your account resides:
Alliance Bank of Arizona 1-888-880-2887
Bank of Nevada 1-888-880-0307
First Independent Bank 1-888-815-0547
Torrey Pines Bank 1-888-880-1790
or write us at Western Alliance Bank, Attn: E-Banking Dept., One East Washington Street, Suite 1400, Phoenix, AZ 85004 as soon as you can, if you think your paper or electronic (e-Statement) statement is wrong, or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST paper or electronic statement on which the problem or error appeared. When you contact us:
—Tell us your name and account number (if any).
—Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
—Tell us the dollar amount of the suspected error.
—If the suspected error relates to a bill payment made via the System Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, and the payee account number for the payment in question.
If you contact us orally or by e-mail, we may require that you send us your complaint or question in writing by postal mail or fax within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have 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 in the form of a paper writing within ten (10) business days, we may not credit your account.
If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (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. You may ask for copies of the documents that we used in our investigation.
-Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
—If, through no fault of ours, you do not have enough money in your account to make a transfer.
—If a legal order directs us to prohibit withdrawals from the account.
—If your account is closed, or if it has been frozen.
—If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
—If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
—If any electronic terminal, telecommunication device, or any part of the System is not working properly and you knew about the problem when you started the transfer.
—If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
—If you have not properly followed the on-screen instructions for using System.
—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.
-Your Liability for Unauthorized Transfers - You are responsible for all transfers and payments you initiate or authorize using the System. If you disclose your Password to any person, allow any person to obtain your Password, or permit any person to use Online Banking, you will have authorized that person to access your Accounts and you are responsible for any transactions that person initiates or authorizes through Online Banking and any agreements or disclosures that person accepts or acknowledges electronically through Online Banking.
CONTACT US AT ONCE if you believe your accounts have been accessed or your password has been lost, stolen, or used without your authorization. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission.
If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.00.
Also, if your paper or electronic statement (e-Statement) shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after receipt of your statement, you may not get back any money you lost through transactions made after the 60 day time period 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 hospital stay) kept you from contacting us, we will extend the time periods.
-Disclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the System or services provided to you under this Agreement. We do not and cannot warrant that System will operate without errors, or that any or all services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to System, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Bank and its affiliates exceed the amounts paid by you for the services provided to you through System.
-Your Right to Terminate - You may terminate this Agreement at any time by providing us with written notice by postal mail or fax. Your access to System will be suspended within 3 business days of our receipt of your instructions to cancel the service or terminate the Agreement. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
-Our Right to Terminate - You agree that we can terminate or limit your access to the System for any of the following reasons:
-Without prior notice, if you have insufficient funds in any one of your Bank accounts. System service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
-Upon 3 business days’ notice, if you do not contact us to designate a new Primary Checking Account, immediately after you close an existing Primary Checking Account.
-Upon reasonable notice, for any other reason in our sole discretion.
Communications Between the Bank and You - Unless this Agreement provides otherwise, you can communicate with us at the following phone numbers, email addresses, or fax numbers of your bank division:
Division Phone Number Email Address FAX number
Alliance Bank of Arizona 1-888-880-2887 firstname.lastname@example.org 1-602-889-0135
Bank of Nevada 1-888-880-0307 email@example.com 1-602-889-0135
First Independent Bank 1-888-815-0547 firstname.lastname@example.org 1-602-889-0135
Torrey Pines Bank 1-888-880-1790 email@example.com 1-602-889-0135
(please note Banking transactions through System are not made via e-mail.)
You may write us at Western Alliance Bank, Attn: E-Banking Dept., One East Washington Street, Suite 1400, Phoenix, AZ 85004 via postal mail or you may visit us in person at any one of our locations listed on our web site.
Consent to Electronic Delivery of Notices - You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank System web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.
THE FOREGOING SHALL CONSTITUTE THE BANK’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
OP-579 (Revision 09/01/2015)