Desert Commercial Bank
Internet Banking Agreement and Terms and Conditions:
Please read and print the following for your records. To continue, click on the "I ACCEPT" button below.
This Internet Banking Agreement ("Agreement") for accessing your Desert Commercial Bank account(s) via the Internet explains the terms and conditions governing Desert Commercial Bank’s Internet Banking product. By using Internet Banking you agree to abide by the terms and conditions of this Agreement. This Agreement will be governed by and interpreted in accordance with federal law and regulation, and to the extent there is no applicable federal law or regulation, by the laws of the State of California. The terms "our," "we," "us," "Desert Commercial Bank," and "Bank" refer to Desert Commercial Bank. "You" refers to each signer on an account. The term "business day" means Monday through Friday, excluding Federal banking holidays. Internet Banking can be used to access products and accounts made available by Desert Commercial Bank. Each of your accounts is also governed by the applicable account disclosure statement.
1. Accessing Your Desert Commercial Bank Accounts
Access. To access your account(s) through the Internet, you must have an eligible Desert Commercial Bank account, agree to the terms and conditions of this Internet Banking Agreement, and have a valid e-mail address. In addition, you must have the required Internet secure browser software as required by the Bank; Internet Explorer 6.0 or higher, Foxfire 2.0 or higher or Netscape 8.0 or higher.
Fees. The Bank does not charge a monthly fee for accessing your account(s) through the Internet. Please note that fees may be assessed by your Internet service provider. You agree to pay any additional charges for Bank services you request which are not covered by this Agreement. You are also responsible for any third party fees you incur in connection with your use of Internet Banking.
2. Services. You can use Internet Banking to review your current account information, view account history and check images, transfer funds between your linked accounts, and make stop payment requests.
Balance Inquiries. You may use the service to check the balance of your accounts and to view recent transactions on your accounts. The balance shown for your account may include deposits still subject to verification by us. The balance shown also may differ from your records because it may not include deposits in progress, outstanding checks, other withdrawals, or charges.
Check Images. You can view images of checks that have posted to your checking account(s) by clicking the check number link.
Transfers Funds. You can transfer funds among your linked Internet Banking accounts. Funds transfer requests may be made 24 hours per day, but may not result in immediate funds availability because of the time required to process the files. If there are insufficient available funds in an account from which you are requesting a funds transfer, the transfer will not be initiated.
Funds transfers completed before 5:00 PM (PST) on a business day are posted to your account on the same day. Funds transfers completed after 5:00 PM (PST) on a business day, or completed at any time on a Saturday, Sunday, or banking holiday, will be posted on the next business day.
On-Line Bill Payments. Desert Commercial Bank has contracted with iPay Technologies LLC. in order to provide you with bill paying service. To access this service you must enroll and accept the Bill Paying Agreement/Terms & Conditions.
There is no monthly fee for the Bill Paying Service, for an unlimited number of monthly payments. The Bank may charge for customer requested services or other items. There will be no charge for any item that is needed to correct a Financial Institution error.
Stop Payments. The Bank will accept stop payments online for single, paper check items drawn on a deposit account accessed through this service. This feature does not apply to paper items drawn on Loan Accounts. Stop payments are not guaranteed, however Desert Commercial Bank will make every attempt to honor your request. To place a stop payment on a lost or stolen check, please call us at 760-340-7595.
If you establish re-occurring payments from your account by using the Bill Payment Service, you can cancel these payments through the Bill Payment Service. For questions on stop payment requests you must contact Desert Commercial Bank at 760-340-7595 for more information. Do not mail or e-mail these requests to us since they may not be received by us in time to act.
To stop the payment of preauthorized transfers, the request must be received by Desert Commercial Bank three (3) business days or more before the payment is scheduled to be made. To stop payments on checks, the request must be received by us prior to the time the check is presented for payment. If your check is presented to Desert Commercial Bank as an electronic payment by the merchant or payee to whom you wrote the check, the rules for Electronic Error Resolution Procedure will apply. You may not stop payments on ATM, POS or Visa Debit™ transactions.
If you call, we may also require you to put your request in writing and submit it to us within 14 days after your call. We will charge you our regular stop payment fee for each stop payment order you give; this fee will be charged in accordance with Desert Commercial Bank’s Schedule of Fees and Charges.
New Services. Desert Commercial Bank may, from time to time, offer and introduce new Internet services. The Bank will notify you of these new products and services. By using these services when they become available, you agree to be bound by the terms and conditions, which will be communicated to you, concerning these services.
Hours of Service. You can use Internet Banking seven days a week, twenty four hours a day, although some or all of our services may occasionally not be available due to emergency or scheduled system maintenance. Internet Banking may be available during hours when Bank is not open for business, and thus Bank execution of any requests or instructions may be delayed until the opening of the next Business Day. The Bank will not be responsible for any loss or inconvenience caused by these temporary unavailable periods. We will post notice of any extended periods on non-availability on the Bank website as soon as reasonably practicable.
3. Protecting Your Account
It is extremely important that you take an active role in the prevention of any wrongful use of your account. If you find that your records do not agree with ours, you must immediately call Desert Commercial Bank at 760-340-7595. Your Internet Banking password should be kept confidential at all times. For your protection we recommend that you change your password regularly. It is recommended that you memorize this password and do not write it down. You are responsible for keeping your password, account numbers and other account data confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, notify Desert Commercial Bank at once. Your Log-In Name and Password are intended to provide security against unauthorized entry and access to your Accounts. However, they will not protect you if this information is shared with others. Bank employees are not authorized and will not ask for your Password or Log-In Name, and you should view with suspicion anyone who does ask for any personal identity information.
4. Your Liability
Notify us at once if you believe another person has improperly obtained your Internet Banking password and/or Log-In Name. Also notify us if someone has transferred or you think someone may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. To notify us, call Desert Commercial Bank at 760-340-7595 or write to: Desert Commercial Bank, ATTN: Internet Banking Coordinator, 44-801 Village Court, Palm Desert, CA 92260 or, e-mail us at customerservice@desertbanking.com.
If your Internet Banking password has been compromised and you tell us within two (2) business days after learning of the loss or theft, you can lose no more than $50.00 if someone used your password without your permission to access a Desert Commercial Bank deposit account. If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission if you had told us, you could lose as much as $500.00. If your monthly statement shows withdrawals, transfers or purchases that you did not make or authorize, you must notify us at once. If you do not notify us within sixty (60) days after the account transaction detail information was transmitted or mailed to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If there are extenuating circumstances that kept you from telling us, the time periods in this section may be extended.
5. Electronic Error Resolution Procedure
In case of error or questions about your Internet Banking transactions please contact us at 760-340-7595 between the hours of 8:00 AM and 5:00 PM, Monday through Friday or write to: Desert Commercial Bank, Internet Banking Coordinator, 44-801 Village Court, Palm Desert, CA 92260. You may also e-mail us at customerservice@desertbanking.com.
Contact us 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, or receipt. We must hear from you no later than 60 days after the problem or error appeared on your statement; or no later than 60 days after we sent you the FIRST statement in which the problem or error appeared. When you contact us, please have the following information available:
- Your name and account number.
- The dollar amount of the suspected error.
- 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.
We will investigate whether an error occurred within 10 business days (20
business days if the transfer involved a new account) after we hear from you and
will correct any error promptly. If we need more time, however, we may take up
to 45 days (90 days if the transfer involved a new account, a point-of-sale
transaction, or a foreign-initiated transfer) to investigate your complaint or
question. If we decide to do this, we will issue a provisional credit to your
account within 10 business days (20 business days if the transfer involved a new
account) 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 as described above. Your
account is considered a new account for the first 30 days after the first
deposit is made, unless each of you already has an established account with us
before this account is opened.
We will inform you of 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 and reverse the credit provision described above.
You may ask for copies of the documents that support our investigation.
6. Our Liability
If we do not complete a 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 up to the value of the transfer. 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 the transfer;
- If the transfer will go over the credit limit on your Overdraft Protection (if applicable);
- If the system was not working properly;
- If there is a dispute about the amount to be paid or transferred, or we have been legally ordered to pay to or hold the money in your account for someone else;
- If a withdrawal would consist of money deposited in the form of a check or other order and is not yet available for withdrawal;
- If you have told us that your password was lost or stolen;
- If, in the case of a preauthorized credit or debit to your account, a third party does not send your money to us on time or does not send us the correct amount, or we do not have the required authorization to perform the transaction;
- If circumstances beyond our control (such as fire, flood, or natural disaster) prevent the transfer, despite reasonable precautions and efforts we have taken.
7. Terms and Conditions
The first time you access your Desert Commercial Bank account(s)
through the Internet, the system confirms your agreement to be bound by all of
the terms and conditions of this Agreement and acknowledges your receipt and
understanding of this disclosure.
You must also select a new password the first time you access your Desert
Commercial Bank account(s) through the Internet. We recommend that you change
your password regularly. Do not use numbers that are easily associated with you,
such as your telephone number, address or birthday as your password. You are
authorizing Desert Commercial Bank to act on instructions received under your
password. You are responsible for keeping your password, account number(s) and
other account data confidential at all times.
Except as specifically provided for in this Agreement or where the law requires
a different standard, you agree that neither the Bank nor the Internet Service
Provider shall be responsible for any loss, property damage or bodily injury,
whether caused by the Bank, equipment, software, or Internet access providers or
any agent or subcontractor of any of the foregoing. Nor shall the Bank or the
Internet Service Providers be responsible for any direct, indirect, special or
consequential, economic or other damages arising in any way from the
installation, use or maintenance of the equipment, software or Internet browser
or access software.
We reserve the right to change the fees or other terms described in this
Agreement. However, when changes are made to any fees, we will send a notice to
you at the address shown on our records. All notices will be sent at least
thirty (30) days in advance of the effective date of the change, unless an
immediate change is necessary to maintain the security of the system. If such a
change is made, and it can be disclosed without jeopardizing the security of the
system, we will provide you with written or electronic notice within thirty (30)
days in advance of the change. By continuing to use the accounts or services to
which these changes relate, you are accepting the changes. Changes to fees
applicable to specific accounts are governed by the applicable Deposit Account
Agreement.
In addition to this Agreement you agree to be bound by and will comply with the
requirements of the applicable Deposit Account Agreement, the Bank's rules and
regulations, the rules and regulations of any funds transfer system to which the
Bank belongs, and all applicable State and Federal laws and regulations. The
Bank also agrees to be bound by them.
The Bank reserves the right to terminate this Agreement and your access to
Internet Banking in whole or in part, at any time without prior notice or reason
except as required by Law, including, without limit, if you have insufficient
funds in any of your accounts. Your internet access will move to Inactive Status
if not used for a period of 90 days.
8. Your Right to Terminate the Internet Banking
Service.
You may cancel your Internet Banking Service at any time by providing
us with written notice by mail, e-mail or in person. Your access to the Internet
Banking Service will be suspended within 3 business days of our receipt of your
instructions to cancel the Service. You will remain responsible for all
outstanding fees, transfers and charges incurred prior to the date of
cancellation. Any single or joint accountholder may terminate the Internet
Banking Service. If you wish to resume your Internet Banking Service, you will
need to reapply.
9. Other Information
All of your payments and funds transfers made through the Service on
your checking and money market checking account(s) will appear on your monthly
account statement(s). For payments and funds transfers made through the Service
on your savings account(s), we will mail a monthly receipt to you; in any event
we will mail or deliver to you a savings account statement no less frequently
than quarterly.
We are not responsible for any loss, damage or injury resulting from an
interruption in your electrical power or telephone service; the disconnecting of
your telephone line by your local telephone company or from deficiencies in your
line quality; or any defect or malfunction of your PC, modem, or telephone line.
We are not responsible for any services relating to your PC other than those
specified in this Agreement. If any equipment failure occurs in any way relating
to your PC, modem or telephone line, Desert Commercial Bank is not responsible.
|
|
|
 |