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Agreement for Businesses
Banking Online
After you have read this Agreement, and agree to it's terms and conditions,
you must scroll down and click the "I Agree" button at the bottom to continue.
AGREEMENT
Please read carefully the Agreement below. This agreement includes your rights
and obligations as a user of our On-Line Banking service. It also describes the rights and obligations of Desert Hills Bank. By pressing the "I Agree" button
below, you agree to comply with the terms and conditions of this Agreement. You also acknowledge by using the On-Line Banking service that you have downloaded,
printed, or otherwise received a copy of the terms and conditions and that you understand them.
The terms and conditions of the deposit agreements and disclosures for each of
your Desert Hills Bank accounts as well as your other agreements with Desert Hills Bank such as loans continue to apply notwithstanding anything to the contrary in
this Agreement.
DEFINITIONS
As used in this Agreement, the words:
"We", "our," "us," "Desert Hills Bank," means the financial institution.
"You" and "Your" refer to the account holder(s) and anyone else with the
authority to exercise control over the funds in the account.
"On-line Banking" is the Internet based service providing access to your
accounts.
"Account" or "Accounts" means any Desert Hills Bank account from which you are
authorized to access using our On-Line Banking service.
"On-Line Banking Service" is the Internet-based service providing
access to your account(s).
"Services" are the services available to you through the On-Line Banking
Service.
"On-line Account" means any Desert Hills Bank account from which you will be
conducting transactions using the On-Line Banking Service.
"Password" is the code you create the first time you "log in" that
establishes your connection to the Service.
"Time of day" references are to Arizona Time.
"Electronic funds transfers" means ATM withdrawals, preauthorized
transactions, point of sale transactions, transfers to and from your Desert Hills Bank accounts using "On-Line Banking"
"Business days" means Monday through Friday. Holidays are not included.
PASSWORDS
For security purposes you are required to change your password and your Access ID
code the first time you access On-Line Banking. 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. We recommend that you create a password that utilizes both upper and lower case alpha and numeric
characters for purposes of security. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly.
To guard against unauthorized use of your Access ID and Password, On-Line Banking
disables the Access ID and/or Password upon three unsuccessful attempts. This will also occur if you accidentally mis-key your Access ID and/or Password three (3)
times. To re-establish your Access ID and/or Password you must contact us to have your password reset. You can reach us by calling 602-324-6700.
If you believe that your password has been lost or stolen or if your password has
been discovered by another person, or that someone has transferred or may transfer money from your account without your permission, you should immediately call and/or
write us at the telephone number and/or address stated in the Errors and Questions section.
Your password should 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. You agree to assume
responsibility for all transactions up to the limits allowed by applicable law. Each signer on your Desert Hills Bank account(s) will have access to that account and
have to choose their own Access ID and Password.
ACCESS
You can use On-Line Banking seven days a week, twenty-four hours a day, except
during special maintenance periods. We will attempt to limit downtime and system maintenance to those hours of operation least impacted by customer usage, when such
options are available. We undertake no obligation to monitor transactions through On-Line Banking to determine that they are made by you.
Desert Hills Bank will provide on line instructions describing how to use the
On-Line Banking on the initial sign on screen. You may gain access to On-Line Banking through the use of your internet-enabled device, your internet service provider,
your Access ID and Password from our web-site: www.deserthillsbank.com.
If you do not access your On-Line Banking account(s) during any consecutive (30)
thirty-day period your password will convert to an inactive status. If your password becomes inactive, you must contact us to have the password re-activated before you
will be able to access On-Line Banking or schedule any transactions.
This agreement will remain in effect until you or Desert Hills Bank terminates it.
You understand that you may cancel this Agreement at any time by notifying Desert
Hills Bank electronically, or by mail at 3001 East Camelback Road, Phoenix, AZ 85016. This will cancel your On-Line Banking agreement but will not terminate your
accounts with Desert Hills Bank.
Desert Hills Bank reserves the right to terminate this Agreement and your access
to On-Line Banking, in whole or in part, at any time.
SECURITY
You understand the importance of your role in preventing misuse of your accounts
through On-Line Banking and you agree to promptly examine your statement for each of your Desert Hills 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 Access ID are intended to provide security against unauthorized
entry and access to your accounts. Data transferred via On-Line Banking is encrypted in an effort to provide transmission security and Desert Hills Bank utilizes
identification technology to verify that the sender and receiver of On-Line Banking transmissions can be appropriately identified by each other.
Notwithstanding our efforts to insure that the On-Line Banking 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 Desert Hills Bank On-Line Banking or e-mail transmitted to and from us,
will not be monitored or read by others.
Neither Desert Hills Bank nor other information providers are responsible for any
computer virus or related problems, which may be attributable to services provided by your Internet access provider.
You are responsible for obtaining, installing, maintaining, and operating all
computer hardware and software necessary for performing On-Line Banking. Desert Hills Bank will not be responsible for any errors or failures from the malfunction or
failure of your hardware or software.
Except as otherwise provided in this agreement, and in the absence of negligence
on the part of Desert Hills Bank, neither Desert Hills Bank, any other information provider, nor any other software supplier is responsible for any direct, indirect,
special, incidental, or consequential damages arising in any way out of the use of our On-Line Banking.
TRANSFERS
Transfers initiated through On-Line Banking before 5:00 p.m. (Arizona Time) on a
business day are posted to your account the same day. Transfers completed after 5:00 p.m. (Arizona Time) on a business day, Saturday, Sunday or banking holiday, will
be posted on the next business day. Desert Hills Bank identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to
communicate with any other persons, with authorized access to your accounts, concerning any transfers from your account in order to avoid overdrafts.
Preauthorized withdrawals are transfers made according to a specific agreement
between a customer and us or another party. (Examples of preauthorized withdrawals are regular electronic payments scheduled with a third party, such as health clubs,
insurance companies, etc.)
Funds may be transferred between your linked checking, savings, credit line and
money market accounts, from accounts with the same signers and same vesting only. Any transfer between your accounts is believed to be in good faith by an authorized
person.
If your account has insufficient funds to perform any electronic fund transfers
(EFT) you have requested for a given business day, then:
1. Electronic funds transfers involving currency disbursements, like ATM
withdrawals, will have priority;
2. Electronic fund transfers initiated through On-Line Banking, which would
result in an overdraft of your account, may at our discretion, be cancelled;
3. In the event the fund transfers initiated through On-Line Banking, which would
result in an overdraft of your account, are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
PROVISIONS OF ACH PAYMENTS
A Receiving Depository Financial Institution ("RDFI")
is the institution that receives ACH entries from the ACH Operator and posts them to the accounts of its depositors ("Receivers"). Customer agrees to be bound by
the provision of the National Automated Clearing House Rules making payment of a credit Entry by the RDFI to the Receiver provisional until receipt by the RDFI of
final settlement for such credit Entry. Customer understands that if final settlement is not received, the RDFI will be entitled to a refund from the Receiver of
the amount credited and Customer will not be deemed to have paid the Receiver the amount of the credit Entry.
Customer agrees that any payment by Bank to Customer for any returned credit
Entry or credit Reversal is provisional until receipt by Bank of final settlement for such Entry. If final settlement is not received, Bank is entitled to a
refund from Customer of the amount credited and Bank may charge Customer's account for the amount credited. Bank may refuse to permit the use of any amount
credited for a credit Reversal if it believes that there may not be sufficient funds in Customer's account to cover charge back or return of such Reversal.
Customer acknowledges that the Automate Clearing House system may not be used in
violation of, and that entries originated by Customer must comply with, the laws of the United States, including sanctions laws administered by the Office of Foreign
Asset Control. Where a preauthorized debit entry from a consumer's account varies in amount from the previous debit entry, Customer agrees to comply with the
notice requirements set forth in the National Automated Clearing House Association Rules, the Electronic Fund Transfer Act, and Regulation E of the Board of Governors
of the Federal Reserve System, as applicable.
TRANSFER LIMITATIONS
The following limitations apply:
Savings Account - Transfers from a Regular Savings account to another account or
to third parties by pre-authorized, automatic, or telephone transfer are limited to six transactions per monthly statement cycle.
Money Market Account - Transfers from a Money Market account to another account
or to third parties by pre-authorized, automatic, or telephone transfer are limited to six transactions per monthly statement cycle with no more than three by check,
draft, or similar order to third parties.
The number of transfers from Desert Hills Bank accounts and the amounts, which
may be transferred, are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. 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.
OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER
Desert Hills Bank agrees to make reasonable efforts to ensure full performance of
our On-Line Banking. We will be responsible for acting only on those instructions sent through our On-Line Banking, which are actually received, and cannot assume
responsibility for malfunctions in communication facilities not under our control, which may affect the accuracy or timeliness of messages you send.
Any information you receive from Desert Hills Bank or other information providers
is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Desert Hills Bank is not liable for
any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
If we fail or delay in making a transfer pursuant to your instructions, or if we
make a payment or transfer in erroneous amount which is less that the amount per your instructions, unless otherwise required by law, our liability shall be limited to
interest, if applicable, on the amount which we failed to transfer, calculated from the date on which the transfer was to be received until the date it was actually
made or you cancelled the instructions.
If we make a payment or transfer in an erroneous amount which exceeds the amount
per your instructions, or if we permit an unauthorized 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, if applicable,
thereon from the date of the transfer to the date of the refund, but in no event to exceed 60 days interest.
DESERT HILLS BANK'S RESPONSIBILITY
Desert Hills Bank will be responsible for your actual losses if they were
directly caused by our failure to:
? Complete an Electronic Funds Transfer as properly requested.
? Cancel an Electronic Funds Transfer as properly requested.
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 or if the transfer would cause your balance to go over the credit limit set up to cover overdrafts.
? If there is a hold on your account, or if access to your account is blocked in
accordance with banking policy.
? If your account is closed or if a legal order or other encumbrance restricts
withdrawals from the account.
? We have received incomplete or inaccurate information from you or a third party
involving the account or transfer.
? If you, or anyone authorized by you, commits any fraud or violates any law or
regulation.
? If we believe that unauthorized use of your Password or Account has occurred or
may be occurring, or if you default under this Agreement, the Deposit Account Agreement, or any other agreement with us, or if we or you terminate this Agreement.
? If you have not properly followed the on-screen instructions for using On-Line
Banking.
? 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.
There may be other exceptions stated in this agreement and in other agreements
with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any
incidental or consequential damages.
In any of the circumstances listed above shall occur, we shall assist you with
reasonable efforts in taking appropriate corrective action to reprocess the transaction that may not have been completed, or to correct transactions that have been
processed erroneously.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
CONTACT US AT ONCE if you believe your password and/or Access ID (including
ATM/POS card or PIN), has been lost, stolen, or used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from
your account(s) without your permission. 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
you 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.
Also, if your statement shows any Electronic Funds Transfer (EFT) that you did
not make or authorize, contact us at once. Failure to notify the Bank within 60 days after the statement was mailed to you may result in zero compensation for any
losses you may sustain if Desert Hills Bank can prove that we could have prevented someone from accessing your account(s). If a good reason (such as a long trip or
hospital stay) kept you from contacting us, we will extend the time periods.
Canceling Preauthorized Payments
If you have preauthorized payments out of your account you may stop these
withdrawals by notifying us verbally during regular business hours at 602-324-6700 or by writing us at 3001 E. Camelback Road, Phoenix, AZ 85016 at least three
business days or more before the scheduled date of the transaction. If you make a verbal request, we may require you to notify us in writing within (14) fourteen days
of the verbal notification.
STATEMENTS
You will continue to receive your regular account statements. You must examine
your statement with "reasonable promptness". If your statement shows transfers that you did not make, you must promptly notify us of the relevant facts. As
between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself.
You agree that the time you have to examine your statement and report to us will
depend on the circumstances, but will not, in any circumstance, exceed a total of 60 days from when the statement is first sent or made available to you.
You further agree that if you fail to report any unauthorized transactions or any
other errors in your account within 60 days of when we first send or make the statement available, you can not assert a claim against us on any items in that
statement, and as between you and Desert Hills Bank the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care.
OFFICE OF FOREIGN ASSET CONTROL
Under the Bank Secrecy Act, the Bank is prohibited from transacting business with
persons or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time
to time. You agree not to transact business with persons of entities blocked by OFAC.
http://www.treas.gov/ofac/
ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS (Consumer/Personal Accounts
Only)
In case of errors or questions regarding an On-Line Banking transaction, call
Desert Hills Bank at 602-324-6700 or write us at:
Desert Hills Bank
Attention: Internet Customer Service
3001 East Camelback Road
Phoenix, AZ 85016
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 your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem
or error appeared.
We will require:
Your name and account number;
A description of the error or the transfer in question, and an explanation
concerning why you believe it is an error or why you need more information;
The dollar amount of the suspected error;
The date on which it occurred;
We will determine 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 more time is needed, 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 this occurs,
we will provisionally credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error. This
will allow you to use the money during the time it takes us to complete our investigation.
If the report is made orally, we may require that you send the complaint or
question in writing within 10 business days. If your complaint or question is requested in writing but not received in writing within 10 business days, we may not
credit your account until the investigation is completed. Your account is considered a new account for the first 30 days after the first deposit is made, unless you
already have an established account with us.
If we determine that no error occurred, we will send you a written explanation
within 3 business days after we finish the investigation, and debit the provisional credit in accordance with law. You may request copies of the documents that were
used in the investigation.
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