Banca Personal en Linea de Cathay Acuerdo y Consentimiento Divulgación Electrónica
(Effective October 27, 2014)
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.
Introduction. This Agreement and Consent To Electronic Disclosure, along with the terms and conditions of any optional related services in which you have enrolled (together, the "Agreement") sets forth the terms and conditions of the online banking service (the "Service") offered to you by Cathay Bank (“we”, "us", and "Bank"). This Agreement supplements, and supersedes where inconsistent, the terms of your account agreement with us. Your use of the Service will be deemed additional evidence of your agreement to these terms. If you want to receive this Agreement in hard copy through the mail, and do not want to receive it here, electronically, please notify our Customer Service Representative at: 1-800-9CATHAY.
Our Service. You can use this Service to conduct the following activities:
Account Information – You can obtain information about your account(s) and transactions.*
Fund Transfers – You can transfer funds between your linked accounts with us, including transfers to make payments on Cathay Bank loans. You can also transfer funds between your accounts with us and accounts that you maintain with other financial institutions
Bill Payments – Using Payment Manager, you can make bill payments to United States payees using our online banking service.
Cathay PeoplePayment — You can send money to other individuals.
E-mail – You can communicate with us electronically through our secure e-mail system.*
Stop Payment Orders – You can stop payment on a check.*
Transaction Data Export – You can export transaction data to your personal finance software.*
Mobile Banking, Text Banking and Mobile Deposit – The convenience of managing your accounts and making check deposits whenever and wherever you want, right on your mobile phone.
Personal Finance Manager (PFM) – You can obtain financial data from other sources to create tools to help manage your finances.*
e-Statement and Alert Delivery – You can receive your statements, notices, records, and other documents and information electronically.*
*These services are not covered by the error resolution or liability sections applicable to electronic fund transfers. Balance information may not reflect recent transactions, and may include funds not available for immediate withdrawal.
You can access these functions through our web site: http://www.cathaybank.com. Our ability to provide certain services depends on our ability to obtain services from others and to access third party networks. In the event any provider or network is unavailable or we determine, in our discretion, that we cannot continue providing any third party network or service access, we may discontinue the related service or may provide the service through an alternate third party provider. In such situations, we will have no liability for the unavailability of access.
The terms of this Agreement apply to all joint account holders. Each signer on your account will be given a unique User ID and password. Accounts requiring two or more signatures are not eligible for the Service.
Your Equipment. To use the Service, you must have the equipment described in the Consent To Electronic Disclosure section below. You are responsible for the selection, installation, maintenance, and operation of your hardware and software. We are not responsible for any errors, failures, or malfunctions of your hardware or software, or for any computer virus or related problems that may occur with your use of this Service. You are responsible for ensuring that your hardware and software are compatible with our system. We reserve the right to change our system requirements from time to time. Note: Some browser software may store user names and security codes to facilitate the future use of a web site. For security reasons, you agree to disable this feature in your browser. Check your browser's "Help" screen for more information on this feature.
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE SERVICE OR ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE THAT YOU USE IN CONNECTION WITH THE SERVICE.
Your User ID and Password. You will need to enter a User ID and Password to access the Service. We may provide you with a Password or you may select your own Password. You agree to keep your User ID and Password secure and confidential. Never place them on or near your computer or mobile device. You should memorize your Password and change it periodically. We may act on any Service instruction that is accompanied by your User ID and Password. We may deny access to the Service if you do not enter your Password correctly several times. Persons granted a power of attorney over an account are not authorized to use the Service, and you agree not to provide them with your User ID or password.
Account Balance and Transaction Information. You can use the Service to obtain account balance and transaction information anytime of the day, seven days a week, except when our system is unavailable for maintenance or other reasons. Please note that the information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal.
We assume no responsibility for any loss arising from incomplete information or for any temporary interruption in our information system. If you are unable to access our system for any reason, you can contact your branch of account during regular business hours for loan and deposit information or call 1-800-9CATHAY for automated account information.
Fund Transfers. You may make transfers between your eligible accounts with us. You may also transfer funds between your accounts with us and accounts you maintain at other U.S. financial institutions.
Eligible Accounts. Transfers may be made only to and from accounts in the United States, and only in U.S. dollars. Transfers cannot be made to or from time deposit accounts or from home equity lines of credit (HELOCs). We reserve the right to determine which accounts may be linked to the Service and, at our discretion, may refuse to allow certain accounts to be used with the Service. You may not make fund transfers to accounts you maintain at other financial institutions until those accounts have been set up and verified in your online banking profile. To do this you must log on to our online banking service. Set up for accounts you maintain at other financial institutions may require you to verify one or more micro-deposits or withdrawals made to those accounts. You agree to not use the Service for transfers to or from accounts maintained at other financial institutions unless you are an account holder on those accounts. Depending on the transfer type and your actions, it may take several days for accounts at other financial institutions to be set up and verified. You will see when those accounts are eligible for fund transfers in your online banking profile. NOTE: You cannot use your mobile device to set up your online banking profile to include accounts you maintain at other financial institutions.
Scheduling Fund Transfers. You may instruct us to transfer funds on any business day (the “Transfer Date”), up to 365 days in advance. We may require that you schedule your fund transfer up to two business days before the Transfer Date. We may refuse any instruction to make a fund transfer before the earliest available Transfer Date. Note: You cannot use your mobile device to schedule transfers to or from accounts you maintain at other financial institutions.
Fund transfers are processed only Monday through Friday. Any request made on a weekend, holiday, or after 10:00 p.m. Pacific Time (4:00 p.m. Pacific Time for transfers involving your accounts at other financial institutions) on a business day may be processed on the following business day. You are responsible for scheduling fund transfers to be made in a timely manner. We will not be responsible for delays that occur in the automated clearing house or for any action or omission by you or other financial institutions.
You agree that we may charge or place a hold against your account for the amount of your funds transfer up to two business days prior to the Transfer Date. You will receive a confirmation code at the time that you set up each online fund transfer.
Funds transferred from your account at another financial institution are generally credited to your account with us on the Transfer Date, but may not be available until we receive final settlement. This may take up to two business days. If final settlement does not occur within that time, we may reverse the credit to your account.
Transactions posted to your account as of a certain business day may not be reflected in account balances reported by the Service until the following business day. Information on transfers to or from your accounts with us will be reflected on your periodic statements, will be available to you online, and can be obtained by calling our automated line at 1-800-9CATHAY. We do not provide any other notice of the receipt, transmittal or debiting of funds transfers.
Initiating Automatic Recurring Transfers. You may use the Service to make regularly recurring transfers in the same amount between the same accounts. Once your arrangements are set, we will transfer funds automatically at the intervals you designate. If the Transfer Date for an automatic transfer falls on a weekend or holiday, the transfer may be sent the following business day. If the Transfer Date is scheduled for a day that does not exist for a particular month (e.g., February 30th), the transfer will be send on the last business day of that month. NOTE: You cannot set up recurring transfers using your mobile device.
Erroneous Transfer Instructions. You assume sole responsibility for accurately describing transfer amounts, accounts, financial institutions, and addresses. We are not responsible for confirming such information, or for monitoring or refusing to process duplicate transfer instructions. If you give us a transfer instruction that is incorrect in any way, you agree that we may charge your account for the transfer whether or not the error could have been detected by us. We are not obligated to detect errors in your transfer instructions.
Rejecting Transfer Instructions. We may reject transfer instructions with or without cause or prior notice. For example, we may reject a transfer instruction if you do not have sufficient available funds to cover the transfer or if you exceed the limitations on dollar amounts and/or number of transactions. Unless you have requested email or text message alerts for rejected transfer instructions, we generally will not notify you when a transfer instruction is rejected by us. If you wish to receive alerts for rejected transfer instructions, you must select that option under “Manage Alerts” in the Customer Service tab. Please see “E-Statement and Alert Delivery” below for additional terms that apply to email and text message alerts. Otherwise, you should confirm whether the instruction was accepted by reviewing your online account activity on the business day following the scheduled transfer date. If we reject a transfer, you will need to re-enter the information if you wish to make the transfer at a later date.
Changing or Cancelling Transfer Instructions. You can cancel or change a transfer request electronically by deleting or changing the transfer instruction from the transfer screen in our online banking website. To do this, you must act before 10:00 p.m. Pacific Time (4:00 p.m. Pacific Time for transfers involving your accounts at other financial institutions) on the business day before the Transfer Date. Note: You cannot cancel or change transfers using your mobile device.
If you have told us in advance to make regular transfers from your account, you can cancel or change these transfers by (1) deleting or changing your transfer instructions electronically at our online banking website, or (2) calling us at 1-800-9CATHAY (1-800-922-8429) or writing to us at: Cathay Bank, Attn: Customer Service Department, 9650 Flair Drive RS-02, El Monte, CA 91731. To cancel or change your transfer instructions by telephone or mail, we must receive your request at least three business days before the Transfer Date. (Note: If you give us your request by telephone or mail and we do not receive it at least three business days prior to the Transfer Date, we may attempt, at our sole discretion, to cancel the funds transfer. We assume no responsibility for our failure or refusal to do so, even if we accept the request for processing.) If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If we do not receive written confirmation within 14 days, we may treat your verbal instruction as no longer binding. If you order us to cancel one of these transfers at least three business days before the Transfer Date and we do not do so, we will be liable for your losses or damages.
Limitations. Fund transfers from your accounts at other financial institutions are subject to the following limits: $1,000 per transaction, $1,000 per business day, and $5,000 per calendar month. These transfers are also limited to a maximum of 2 transactions per business day and 20 transactions during any calendar month. Fund transfers to your accounts at other financial institutions are subject to the following limits: $3,000 per transaction, $3,000 per business day, $10,000 per calendar month. These transfers are also limited to a maximum of 2 transactions per business day and 20 transactions during any calendar month. We may permit you to exceed these limits from time to time at our sole discretion. If we do, we may stop doing so without prior notice to you. We also may deny or limit transactions for security reasons.
Transfers from savings accounts and money market deposit accounts are limited by law and your deposit agreement with us. You may only make up to 6 withdrawals and/or transfers each month by check (for accounts with check privileges), preauthorized or automatic transfer (e.g., automatic payments to an insurance company), draft, point-of-sale debit card, telephone, and/or online banking. We may refuse to permit a Service transaction at any time and without prior notice if we believe it may violate applicable law. See your account agreement for further details.
Bill Payment Service. You can enroll online in our bill payment service which we call Payment Manager. If you have enrolled in Payment Manager, please refer to the TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE (PAYMENT MANAGER) section in this document.
Cathay PeoplePayment. You can use this Service to send money to other individuals.
Enrollment/Activation. You must enroll in Cathay PeoplePayment service. Approval and activation of service may take up to two business days.
Eligible Recipients. You may send funds only to individuals and accounts located within the United States, and only in U.S. dollars. We reserve the right to determine who and which accounts may receive fund transfers. You may not transfer funds to recipients until they have been set up in your online banking profile. To do this you must log on to our online banking or mobile banking service. You will see when a recipient is eligible for fund transfers in your online banking profile.
Sending Funds. There are several ways to send funds to a recipient. If you know the recipient’s account information (e.g., account number and bank routing number), you can instruct us to send funds electronically to that account. You can also provide us with the recipient’s U.S. mailing address to have funds sent to the recipient via check. Lastly, you can instruct us to send an email or text message to the recipient, advising the recipient of the pending transaction and asking the recipient to provide the account and other information we need to complete the transfer.
We may charge your account for the transfer amount as early as the day of your request and credit funds to an omnibus account that we maintain to clear transactions. If you provide us with the recipient’s account information and instruct us to send funds electronically to that account, it may take up to three business days before funds are credited to the recipient’s account. Payments made by check are generally issued within one business day of your request. Note: It could take several days after the check is issued for it to be received by the recipient through U.S. mail. If the transfer requires the recipient to respond to an email or text message (e.g., to provide us with the information we need to complete the transfer), funds will generally be credited to the recipient’s account within three business days of the date the recipient claims the transfer and otherwise provides us with all required information. If the recipient fails to respond to the email or text message within 10 days or the transfer cannot be made for any other reason, we will notify you and return funds to your account.
The cutoff time for submitting transfer instructions is 6:00 p.m. Pacific Time. Instructions received after the cutoff hour or on a non-business day may be processed by us on the next business day. You will receive a confirmation at the time that you submit your transfer instructions.
Erroneous Transfer Instructions. You assume sole responsibility for you or the recipient accurately describing transfer amounts, accounts, financial institutions, and addresses. We are not responsible for confirming such information, or for monitoring or refusing to process duplicate transfer instructions. If you give us a transfer instruction (or the recipient gives us information related to your instruction) that is incorrect in any way, you agree that we may charge your account for the transfer whether or not the error could have been detected by us. We are not obligated to detect errors in your transfer instructions.
Rejecting Transfer Instructions. We may reject transfer instructions with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically or in writing. We may reject a transfer instruction, for example, if you do not have sufficient available funds to cover the transfer. If we reject a transfer, you will need to re-enter the information if you wish to make the transfer at a later date.
Cancelling and Changing Transfer Instructions. You do not have a right to cancel, change, or stop a transfer after it is submitted to us. Although we may attempt to act on any cancellation or stop request you make (e.g., if it is received in a time and manner which permits us to do so), we assume no responsibility for failing or refusing to do so, even if we could have effected the cancellation or stopped the transaction. Our acceptance of any cancellation or stop payment request will not obligate us to accept any future request for cancellation or stop payment. We may discontinue accepting such requests at any time without prior notice. You agree to indemnify, defend and hold us and our agents harmless from any loss, damage, claim, action, and liability that results, and any charges and costs we or our agents incur, in connection with any request by you to cancel or stop a transfer instruction.
Limitations. Fund transfers are subject to the following limits: $750 per transaction and $1,000 per business day. We may permit you to exceed these limits from time to time at our sole discretion. If we do, we may stop doing so without prior notice to you. We also may deny or limit transactions for security reasons.
Transfers may be made from checking and money market deposit accounts only. Transfers from money market deposit accounts are limited by law and your deposit agreement with us. You may only make up to 6 withdrawals and/or transfers each month from your money market account by check (for accounts with check privileges), preauthorized or automatic transfer (e.g., automatic payments to an insurance company), draft, point-of-sale debit card, telephone, and/or online banking. We may refuse to permit a Service transaction at any time and without prior notice if we believe it may violate applicable law. See your account agreement for further details.
Use of SMS Text Messages. Users of this Service may receive SMS text messages relating to their transactions, such payment notices or alerts for validation. You may receive SMS text messages related to your transactions from time to time. You authorize us to send emails and SMS text messages to you in connection with your Service transactions at the email address or mobile phone number you provide in connection with the Service, even if you elect not to receive other marketing messages from us in that manner. Your carrier's normal rates and fees, such as text messaging fees, will apply. To stop receiving SMS messages you can initiate the opt-out process by sending an SMS message. Just text “Stop” to this number: 322654.
Questions about Cathay PeoplePayment. You can contact us by calling us at 1-800-9CATHAY (1-800-922-8429), writing to us at: Cathay Bank, Attn: Customer Service Department, 9650 Flair Drive RS-02, El Monte, CA 91731.
Electronic Mail. You can use the Service to send us electronic mail ("e-mail"). Since e-mail 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, call us at 1-800-9CATHAY. We will have a reasonable time to act upon any e-mail request, and reserve the right to reject any instruction or request received by e-mail. Our online e-mail is secure and encrypted for your protection. You should use it, and not use regular e-mail, when sending any sensitive information about yourself or your accounts (e.g., your account number, social security number, etc.).
The e-mail "Contact Us" Service may not be used to make transfers between Bank accounts. You acknowledge that we cannot ensure that e-mail will not be intercepted or affected by the actions or omissions of others, such as third party networks or persons with access to the Internet. Our service providers and we assume no responsibility for viruses created by third parties, or for any third party's unauthorized access to, or use of, your computer system.
We make no representation, warranty or endorsement with respect to: (a) information placed on the Internet by third parties; (b) the security or continued availability of the Internet or of any Internet web site, including without limitation our web site; or (c) the services, products or information made available over the Internet by others whose sites may be accessed, directly or indirectly, as a result of our Services. However, if you have a complaint about any product or service offered through one of these websites, please contact us at Cathay Bank, Compliance Department, 9650 Flair Drive EL-5-C, El Monte CA 91731.
You agree that: (a) your use of the Internet will be at your own risk; (b) Internet services are provided to you on an "as is" basis, without warranties of any kind; (c) we, our affiliates, Internet service providers, and licensors will not be liable for any errors, defects in, or the untimeliness or lack of authenticity of, any information provided over the Internet; (d) you will comply with all laws applicable to your Internet activities; (e) you will not transmit any information which is defamatory, abusive, or which may give rise to civil liability; (f) we may monitor your e-mail and Internet communications with our employees; and (g) our Internet Service will be subject to the additional qualifications and operating rules, if any, set forth on our web site.
Stop Payment Service. The stop payment function allows you to stop payment on a check written against your checking account. To stop payment on a check, you must provide us with timely, complete and accurate information on: the account number the item is drawn on; the date of the item; the item number; the payee information and the EXACT amount of the item (dollars and cents). If any information is incomplete or incorrect, we will not be responsible for failing to stop payment on the item. A request becomes effective when we confirm its receipt and have verified that the item has not been paid. From time-to-time, the on-line system may be inoperable. If that occurs, your request can be communicated to us by telephone at 1-800-9CATHAY or by going into a Cathay Bank office during regular business hours. Stop payment requests cannot be made using Mobile Banking or Text Banking.
Transaction Data Export. You can use the Service to export your account transaction data to your personal or business financial software, such as Quicken, Money, or QuickBooks.
Mobile Banking, Text Banking and Mobile Deposit. You can enroll online for Mobile Banking, Text Banking and Mobile Deposit. If you have enrolled for these services, please refer to the TERMS AND CONDITIONS FOR MOBILE BANKING, TEXT BANKING, MOBILE DEPOSIT, AND DOWNLOADABLE APPLICATION section in this document.
Personal Financial Manager. You can enroll online for Personal Financial Manager (“PFM”). PFM uses the services of Yodlee, Inc., a third party service provider to collect and distribute data from third party data sources to assemble a picture of your finances for a better understanding of your net worth. PFM also offers spending analysis, real estate valuation, comprehensive budgeting, and personalized alerts. If you have enrolled in this service, please refer to the PFM USER AGREEMENT section in this document.
e-Statement and Alert Delivery. You can enroll online for e-Statement and Alert Delivery service. If you have enrolled in this service, please refer to the E-STATEMENT AND ALERT DELIVERY TERMS AND CONDITIONS section in this document.
Hours of Operation. You can access account information and communicate through the Service 7 days a week, 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.
Where it is necessary for completing transactions;
Where it is necessary for activating additional services;
In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
To a consumer reporting agency for research purposes only;
In order to comply with a governmental agency or court orders; or,
If you give us your written permission.
Business Days. Our business days are Monday through Friday, excluding holidays. Instructions received after the cutoff hour of 10:00 p.m. Pacific Time (4:00 p.m. Pacific Time for transfers involving your accounts at other financial institutions) or on a non-business day may be deemed received as of the next business day. Services may occasionally be unavailable due to needed maintenance or system/network interruptions. A transfer between your accounts will be posted on the business day we receive the instruction, but will not be available for withdrawal until the next business day.
Documentation. We will send or make available to you a monthly deposit account statement.
Service Fees. There is no set-up fee for enrolling in the Service, and no fee for accessing information about your accounts, using the Service electronic mail, or transferring funds between accounts by means of the Service. Fees separately disclosed to you in connection with your account or any transaction-related fees incurred in using the Services may apply. We may amend our Service pricing from time to time. Certain prices are subject to change without prior notice. You are responsible for any fees that may be billed to you by your Internet, telephone access, or mobile service providers.
How to Notify Us of a Problem. If you have a question about a Service transaction, believe your User ID or Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, please contact us immediately by:
1. Calling our Cathay Bank Customer Service Center at 1-800-9CATHAY between 6:00 a.m. and 7:30 p.m. (Pacific Time) or,
2. Writing to us at:
Attn: Customer Service Department
9650 Flair Drive RS-02
El Monte CA 91731
Password and Security. You agree not to give or make available your password or other means to access the Service or your account(s) to any unauthorized individuals. You are responsible for all transfers and payments you authorize using the Service. If you permit other persons to use the Service (including Payment Manager) or your password or other means to access your account(s), you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Bank at once at the phone number or address set forth above, in Section 20.
Your Responsibility. If you permit other persons to use any Service, you are responsible for any transactions they authorized from your accounts. Tell us AT ONCE if you believe your User ID or Password has been lost or stolen, or if you believe that someone has made payments, transferred or may transfer money from your account without your permission. Telephonic notification is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two business days, you can lose no more than $50 if someone used your User ID or Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your User ID or Password, and we can prove that we could have stopped someone from using your User ID or Password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed 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 will extend the time periods.
Our Responsibility. 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. However, there are some exceptions. We will not be liable, for example, if: (a) your account does not contain sufficient available funds to make the transfer; (b) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer; (c) the transaction information you supply to us is incorrect, incomplete or untimely; (d) the system was not working properly and you knew about the problem when you requested the transfer; (e) circumstances beyond our control (such as fire, flood, blackouts, viruses, computer breakdowns or telecommunication breakdowns, telecommunication problems, or the failure to perform by any third party service provider) prevent the transaction, despite reasonable precautions that we have taken; (f) the transfer could not be completed due to the system's unavailability; (g) you fail to follow our on-screen instructions properly; or (h) we believe the transaction may be unauthorized or are uncertain as to anyone's authority to use the Service. There may be other exceptions stated in our Agreement with you.
In Case of Errors or Questions about Your Electronic Transfers. Call or write to us at the number or address listed in Section 20 as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You must: (a) tell us your name and account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected 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, we may take up to 90 days to investigate your complaint or question, and up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within 3 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.
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.
Other Terms. This Agreement supplements the terms of your account agreement with us. Please see that agreement for other terms relating to this Service (for example, waivers, and overdrafts). You agree to comply with this Agreement. Unless we agree otherwise in writing that specifically refers to this Agreement, this Agreement, our web site Terms and Conditions, and your 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 web site Terms and Conditions and your account agreement with respect to the Service.
Change in Terms. We may add to, delete from, or change the terms of this Agreement at any time by sending a notice to any of you at the address or e-mail address shown in our records, by posting the notice or an amended Agreement on our web site, 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. Your use of the Service after the effective date of the amendment will be evidence of your acceptance of the revised terms.
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 or suspend your use of the Service without notice if you do not use it for 180 consecutive days. You can terminate this Service by calling or writing to us at the number or address listed in Section 20. If you terminate the Service, let us know if you have any outstanding scheduled transfers that you also wish to cancel. Unless you advise us not to make such transfers, you will be responsible for any transfers we make following your notice of termination. We may refuse to make scheduled Service transfers following termination of the Service.
Business and Other Non-Personal Accounts. Our obligations set forth in Sections 23 and 24, and the limitations on customer liability set forth in Section 22 and on the back of periodic statements, do not apply in the case of business or other non-personal accounts. The owners of those accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of discovery or the receipt or availability of the first statement or notice reflecting the problem, whichever occurs first). Under no circumstances will we be liable for any special or consequential damages involving such accounts. We may process any online instruction we believe is given by any of you if the instruction is accompanied by your User ID and Password, and you will be obligated for the transfer, even if the instruction is not transmitted or authorized by you.
In the event of a dispute you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Bank which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Bank relating to the subject matter of this Payment Manager Agreement. If there is a conflict between what an employee of the Bank or Customer Service Department says and the terms of this Payment Manager Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other party.
The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law's provisions.
CONSENT TO ELECTRONIC DISCLOSURE
You are the primary or joint owner of and an authorized signer on the accounts for which you are requesting access, or you are duly authorized to act on behalf of the business which owns the account(s) and receive password information for the Service.
Any notice, record or other type of information that is provided to you in connection with your accounts and services, such as the Cathay Online Agreement and Consent To Electronic Disclosure, the terms and conditions for optional related services (included below), change-in-term notices, fee and transaction information, notices, check images, regulatory changes, statements, and account information ("Communications"), may be sent to you electronically by posting the information at our website, www.cathaybank.com, or by sending it to any of you, using the email address you provided to us, by encrypted e-mail.
We will not be obligated to provide any Communication to you in paper form unless you specifically request us to do so.
You may obtain a paper copy of any Communication by contacting us at Cathay Bank, Attn: Customer Service Department, 9650 Flair Drive RS-02, El Monte CA 91731 or by calling us at 1-800-922-8429 (1-800-9CATHAY) within the United States, or by calling us at 626-582-7380 outside the United States. Although we do not currently impose a fee for paper copy requests, we retain the right to do so at a later date. You also can withdraw your consent to ongoing electronic Communications in the same manner described above, and ask that they be sent to you in paper or non-electronic form. We may elect to terminate some or all of the Service if you choose to receive Communications in paper or non-electronic form.
You agree to provide us with your current e-mail address for notices. Changes to your contact information can be made either by logging onto our Service website or by contacting us at the telephone number stated above.
In order to use the Service, you will need a working connection to the Internet. Your browser must support the Secure Sockets Layer (SSL) protocol. SSL provides a secure channel to send and receive data over the Internet through HS encryption capabilities. Microsoft Internet Explorer 7.0 and above, Mozilla Firefox 13.0 and above, or Safari 4.0 and above supports this feature. You will need a personal computer that is IBM or Macintosh compatible and supports at least one of the browsers listed above and a printer connected to your computer to print disclosures/notices to save the information. To download transaction information into Quicken or Microsoft Money (2004 or earlier version), you will need the equipment and software required by their respective operating instructions. We do not provide ISP services. You must have your own Internet service provider.
We may amend (add to, delete, or change) these terms by providing you with advance notice. If after you've consented to these terms we make a material change to our hardware or software requirements, we will send you a statement of these revised standards, and you will be required to provide a new consent. If you are unable to meet these new requirements you have the right to withdraw from the Service without penalty or imposition of any fees. To withdraw your consent at any time, please contact us at the address or phone number above.
TERMS AND CONDITIONS FOR MOBILE BANKING, TEXT BANKING, MOBILE DEPOSIT, AND DOWNLOADABLE APPLICATION
These services are provided to you by Cathay Bank and powered by a Third Party ("Licensor") mobile technology solution. Section A below is the agreement between you and Cathay Bank, and Section B is the agreement between you and the Licensor.
Cathay Bank Mobile Banking and Text Banking Terms and Conditions
If you have enrolled in Mobile Banking and Text Banking, the following additional terms and conditions supplement, and supersede where inconsistent, other terms of the Agreement.
Mobile Banking, Text Banking, and the downloadable application are available to online banking enrollees only. All terms applicable to the Service apply to these services. You must also have previously established Payment Manager in online banking to use those functions in Mobile Banking
Cathay Bank does not currently charge for the Mobile Banking or Text Banking service; however, your mobile service provider may charge for web access and sending and receiving text messages on your mobile phone. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service. Check with your service provider for details on specific fees and charges that may apply. Fees separately disclosed to you in connection with your account or any transaction-related fees incurred in using the Services may apply.
Except as otherwise specified herein, Mobile Banking and Text Banking are provided by Cathay Bank and not by any other third party. You and Cathay Bank are solely responsible for the content transmitted through the text messages sent to and from Cathay Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.). For help, text “HELP” to 79680. To cancel your plan and discontinue all future messages from us, send a text “STOP” to 79680 at any time. In case of questions, please contact customer service by calling 1-800-9CATHAY.
You must have a web-enabled cell or smart phone to use Mobile Banking. You represent that you are the owner, or authorized user of the wireless device you use to receive test messaging. If you have a mobile Internet browser and Internet access from your phone, it is likely you can use Mobile Banking. A list of wireless devices and operating systems compatible with the Bank’s Mobile Banking services is available for review at www.cathaybank.com. Your mobile phone must support WAP (Wireless Application Protocol) 2.0 or higher, the international standard for applications using wireless communication. Most phones today support WAP. If you are using an older device that does not contain the required security features to use Mobile Banking, you may need to upgrade to a newer device to use Mobile Banking. Bank will not be liable for any delays or failures in your receipt of any text messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. Mobile Banking and Text Banking are provided on an AS IS, AS AVAILABLE basis.
Data obtained from you in connection with Mobile Banking and Text Banking service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
Mobile Banking and Text Banking are available only in the United States.
Cathay Bank Mobile Deposit Terms and Conditions
If you have enrolled in Mobile Banking, in addition to the Cathay Bank Mobile Banking and Text Banking Terms and Conditions immediately preceding, the following terms and conditions apply to your use of Mobile Deposit and supplement and supersede where inconsistent, other terms of the Agreement.
The Bank’s Mobile Deposit service (the “MD Services”) is designed to allow you to make deposits to your checking, statement savings, or money market savings accounts from home or other remote locations using your mobile device to scan checks and transmit the images and associated deposit information to the Bank
The MD Services are currently available to you at no additional charge; however, your mobile service provider may charge for web access on your mobile phone. You are responsible for any fees or other charges that your wireless carrier may charge for any related data services. Check with your service provider for details on specific fees and charges that may apply. Fees separately disclosed to you in connection with your account or any transaction-related fees incurred in using the Services may apply.
The MD Services are available only for an account that has been established more than thirty (30) days. Deposits to passbook savings or certificate of deposit accounts are not permitted.
When using the MD Services, you may experience technical or other difficulties. The MD Services may be unavailable due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur.
We reserve the right to change, suspend or discontinue the MD Services, in whole or in part, or your use of the MD Services, in whole or in part, immediately and at any time without prior notice to you.
Deposits made through the MD Services are subject to a per check limit of $2,500, with a maximum daily deposit limit of $2,500 per business day. You may deposit up to five (5) items in one business day, as long as the $2,500 daily deposit threshold is not exceeded. We reserve the right to modify these limits, at our sole discretion and without prior notice to you.
You agree to use the MD Services to deposit original checks payable to and properly endorsed by the accountholder(s), drawn on a U.S. financial institution and payable in U.S. dollars only.
You agree that you will not use the MD Services to scan and deposit any checks or other items such as the following: (i) cash; (ii) traveler’s checks, cashier’s checks or money orders, or U.S. Savings Bonds; (iii) checks payable to any person who is not an owner of the account to which the deposit is being made (i.e., third-party checks, or checks payable to joint payees for deposit into a single-name account); (iv) checks drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder; (v) checks that display obvious alterations to any of the fields on the front of the check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn; (vi) checks previously converted to a substitute check; (vii) checks drawn on a financial institution located outside the United States; (viii) remotely created checks; (ix) checks not payable in United States currency; (x) stale-dated or post-dated checks; or (xi) checks or items prohibited by the Bank’s current internal procedures relating to the MD Services or which are otherwise not acceptable under the terms of your account at the Bank.
The image of an item transmitted to the Bank using the MD Services must be legible. Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. We may process the image by preparing a “substitute check” or clearing the item as an image.
You agree to restrictively endorse any item transmitted through the MD Services with your signature, the notation “For deposit only,” and your account number. You agree to follow any and all other procedures and instructions for use of the MD Services as the Bank may establish from time to time.
We reserve the right to reject any item transmitted through the MD Services, at our discretion, without liability to you. We will notify you of any rejected items. We are not responsible for items we do not receive or for images that are dropped or interrupted during transmission. An image of an item shall be deemed received when you receive a confirmation from the Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
You agree to complete each deposit promptly and if you are unable to do so, you will ensure that your mobile device remains securely in your possession until the deposit is completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by calling 1-800-9CATHAY if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction.
If we receive a scanned item at or before 7:00 p.m. Pacific Time on a business day we are open, we will consider that day to be the day of deposit. If we receive a scanned item after that time, or on a Saturday, Sunday, or federal holiday when we are not open, we will consider the deposit was made on the next business day. Our business days are Monday through Friday.
Funds deposited using the MD Services will generally be available on the second business day after the day of deposit. If the Bank will delay availability of the funds for a longer period, you will receive notice indicating when the funds will be available to you.
Upon your receipt of a confirmation from the Bank that we have processed the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID.” You agree to retain the original item for a period of 14 days, after which you will properly dispose of the item to ensure that it is not re-presented for payment. Shredding is recommended. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for the Bank’s audit purposes.
Deposits made using the MD Services will be provisionally credited to your eligible account. You agree that if any check deposited through the MD Services is subsequently dishonored, rejected or otherwise returned unpaid by the drawee bank, or is rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, that we may charge back the amount of the original check to your account and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You agree to reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to redeposit or otherwise negotiate an original check if it has been charged back to you. We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
You agree to promptly notify the Bank of any suspected errors regarding items deposited through the MD Services, and in no event later than 30 days after the applicable Bank account statement is sent. Unless you notify the Bank within 30 days, such statement regarding all deposits made through the MD Services shall be deemed correct.
The manner in which the items are deposited, cleared, presented for payment, and collected shall be subject to the Bank’s Deposit Account Agreement and the specific disclosures governing your account.
You agree that the Bank retains all ownership and proprietary rights in the MD Services, associated content, technology, and website(s). Your use of the MD Services is subject to and conditioned upon your complete compliance with the terms in the Agreement. Without limiting the effect of the foregoing, any breach of the Agreement by you immediately terminates your right to use the MD Services. Without limiting the restriction of the foregoing, you may not use the MD Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to the Bank’s business interest, or (iii) to the Bank’s actual or potential economic disadvantage in any aspect. You may use the MD Services only for non-business, personal use in accordance with the Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the MD Services.
DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE MD SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE MD SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (i) THE MD SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE MD SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE MD SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE MD SERVICES OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE MD SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE MD SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
You warrant to the Bank that: (i) each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check; (ii) the amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate; (iii) images will meet the image quality standards specified above; (iv) you will not transmit duplicate items; (v) you will not deposit or represent the original item; (vi) all information you provide to the Bank is accurate, true and complete; and (vii) you will comply with the MD Services terms in the Agreement and all applicable rules, laws and regulations. You agree to indemnify and hold harmless the Bank from any loss for breach of this warranty provision.
The following end user license agreement terms (License Agreement) apply to use of the Mobile Banking downloadable app:
Ownership. You acknowledge and agree that a third party provider or licensor to Cathay Bank (“Licensor”) is the owner of all right, title and interest in and to the downloaded software to be used for access to Mobile Banking services from Cathay Bank and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the “Software”).
License. Subject to the terms and conditions of this License Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this License Agreement. All rights not expressly granted to you by this License Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This License Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, CATHAY BANK, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSOR OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to restrictions set for the in this License Agreement.
Miscellaneous. This License Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This License Agreement will be governed by and construed in accordance with the laws of the state of California, excluding that body of laws pertaining to conflict of laws. If any provision of this License Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this License Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this License Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly waived and excluded.
TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
If you have enrolled in Payment Manager, the following additional terms and conditions supplement, and supersede where inconsistent, other terms of the Agreement.
"Payment Manager" means the bill payment service offered by us.
"Payment Manager Agreement" means these terms and conditions of the bill payment service.
"Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
"Payment Instruction" is the information provided by you for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).
"Payment Account" is the checking or money market account from which bill payments will be debited.
"Billing Account" is the checking account from which all Payment Manager related fees will be automatically debited.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
"Due Date" is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period.
"Scheduled Payment" is a payment that has been scheduled through Payment Manager but has not begun processing.
Transactions begin processing four (4) Business Days prior to your Scheduled Payment Date. Therefore, the application will not permit you to select a Scheduled Payment Date less than four (4) Business Days from the current date. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be prior to any late date or grace period.
Payment Manager Guarantee
Due to circumstances beyond our control, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. We will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.
Payment Authorization and Payment Remittance
By providing names and account information of Payees to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the payment system. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with Payee directives.
When we receive a Payment Instruction, you authorize us to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize us to credit your Payment Account for payments returned to us by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of Payment Manager.
We will use our best efforts to make all your payments properly. However, we shall incur no liability and any Payment Manager Guarantee shall be void if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
If, through no fault of ours, your Payment Account does not contain sufficient funds to complete the transaction;
The payment processing center is not working properly and you know or have been advised about the malfunction before you execute the transaction;
You have not provided the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if Payment Manager causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
We reserve the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.
Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once we have begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
Stop Payment Requests
Our ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. We may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service by calling 1-800-9CATHAY. Although we will make every effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
Stop payment requests cannot be made using Mobile Banking or Text Banking.
Payments to Payees outside of the United States or its territories are prohibited through Payment Manager.
Tax payments and court ordered payments may be scheduled through Payment Manager, however such payments are discouraged and must be scheduled at your own risk. In no event shall we be liable for any claims or damages resulting from your scheduling of these types of payments. The Payment Manager Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed with Payment Manager. We have no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Bank.
Payments from Money Market Accounts
Transactions involving money market accounts are limited by law. You may only make up to six withdrawals and/or transfers during each monthly statement cycle by check (for accounts with check privileges), preauthorized or automatic transfer (e.g., automatic payments to an insurance company), draft, point-of-sale debit card, telephone and/or online banking (such as by Payment Manager). If you exceed this limitation, we may refuse to honor the excessive transactions, remove your transfer privileges, close the account without prior notice, convert it to another type of account, and/or impose a fee for exceeding the limits (see our “Schedule of Fees”). Note: We count checks and debits for purposes of the transaction limitation as of the date we post them to your account (not as of the date you write them or initiate a Payment Instruction). As such, a check you write or a debit you initiate through Payment Manager during one statement period may not be counted until a subsequent statement period. Refer to your account agreement and disclosure for further information.
Bill Delivery and Presentment
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill(E-bills) options, you also agree to the following:
Information provided to the Payee - We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill.
Activation - Upon activation of the electronic bill feature the Service may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to sixty (60) days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.
Notification - We will use our best efforts to present all of your electronic bills promptly. We may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to sixty (60) days, depending on the billing cycle of each Payee. We will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of electronic bill(s) - You agree to hold us harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.
Accuracy and dispute of electronic bill - We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.
This Payment Manager Agreement does not alter your liability or obligations that currently exist between you and your Payees.
Exclusions of Warranties
PAYMENT MANAGER AND ITS RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Fees and Additional Charges
There is no fee to enroll, and no monthly fee to use, Payment Manager. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
Failed or Returned Transactions
In using Payment Manager, you are requesting us to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice. In such case, you agree that:
You will reimburse us immediately upon demand the transaction amount that has been returned;
For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
You will reimburse us for any fees imposed by other financial institutions as a result of the return;
You will reimburse us for any fees incurred in attempting to collect the amount of the return from you; and,
We are authorized to report the facts concerning the return to any credit reporting agency.
Alterations and Amendments
This Payment Manager Agreement, applicable fees and service charges may be altered or amended by us from time to time. In such event, we shall provide notice to you. Any use of Payment Manager after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Payment Manager Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only more recent revisions and updates.
Address or Banking Changes
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
Termination, Cancellation, or Suspension
In the event you wish to cancel Payment Manager, you may have the ability to do so through the product, or you may contact customer service via one of the following:
Telephone us at 1-800-9CATHAY during customer service hours; and/or
Write us at:
Attn: Customer Service Department
9650 Flair Drive RS-02
El Monte CA 91731
Any payment(s) we have already processed before the requested cancellation date will be completed. All Scheduled Payments including recurring payments will not be processed once Payment Manager is cancelled. We may terminate or suspend Payment Manager at any time. Neither termination nor suspension shall affect your liability or obligations under this Payment Manager Agreement.
We reserve the right to refuse to pay any Payee to whom you may direct a payment. We will notify you promptly if we decide to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Payment Manager Agreement.
In using Payment Manager, you understand that Payees and/or the United States Postal Service may return payments for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. We will use our best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account.
Your enrollment in Payment Manager may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Payment Manager, you agree that the Bank reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Bank reserves the right to obtain financial information regarding your account from a Payee or another financial institution (for example, to resolve payment posting problems or for verification)
PERSONAL FINANCE MANAGER USER AGREEMENT
If you have enrolled in Personal Finance Manager (“PFM”), the following additional terms and conditions supplement, and supersede where inconsistent, other terms of the Agreement.
Provide Accurate Information
You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
You are permitted to use content delivered to you through the PFM service only on the PFM service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the PFM service technology, including but not limited to, any Java applets associated with the PFM service.
Content You Provide
You are licensing to Bank and its service providers, including Metavante Corporation (Metavante) and/or Yodlee, Inc. (Yodlee) (Bank, Metavante, and/or Yodlee may be collectively referred to in this PFM User Agreement as “we” or “us”) any information, data, passwords, materials or other content (collectively, Content) you provide through or to the PFM service. We may use, modify, display, distribute and create new material using such Content to provide the PFM service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out above. As among us, Bank owns your confidential account information.
Third Party Accounts
By using the PFM service, you authorize us to access third-party Internet sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited power of attorney, and you hereby appoint us as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third-party Internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT, WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the PFM service is not endorsed or sponsored by any third party account providers accessible through the PFM service.
Fees and Additional Charges
There is no fee to enroll, and no periodic fee to use, PFM. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and/or Internet service providers.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE PFM SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PFM SERVICE IS AT YOUR SOLE RISK. THE PFM SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE PFM SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PFM SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WE MAKE NO WARRANTY THAT:
(i) THE PFM SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE PFM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PFM SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PFM SERVICE WILL MEET YOUR EXPECTATIONS, OR
(v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PFM SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM THE PFM SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF US, NOR ANY OF OUR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE PFM SERVICE;
(ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES;
(iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE PFM SERVICE;
(iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(v) STATEMENTS OR CONDUCT OF ANYONE ON THE PFM SERVICE;
(vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR
(vii) ANY OTHER MATTER RELATING TO THE PFM SERVICE.
You agree to protect and fully compensate us and our respective affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the PFM service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
You agree that Yodlee is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Yodlee were a party to this PFM User Agreement.
E-STATEMENT AND ALERT DELIVERY TERMS AND CONDITIONS
If you have enrolled in e-Statement and Alert Delivery, the following terms and conditions (the “e-Statement Agreement”) supplement, and supersede where inconsistent, other terms of the Agreement and sets forth the terms of the e-Statement and Alert Delivery Service (the "e-Statement Service") offered to you by Bank. By enrolling in the e-Statement Service, you confirm that you have read this section and agree to its terms.
As used in this section, "Alerts" includes any notice, agreement, record or other type of information that is provided to you in connection with your accounts or the e-Statement Service , such as the Agreement, e-Statement Agreement, change-in-term notices, fee and transaction information, check images, tax information, privacy and other notices, statements, and other account-related information.
Description of e-Statements
You may elect to receive your statement electronically (an “e-Statement”) for any Eligible Accounts (defined below) that you choose. Account statements will be made available to you electronically in Portable Document Format ("PDF") that you can view online, save to your computer or print at your convenience. Any inserts or other Alerts that normally accompany your mailed statement will either continue to be mailed under separate cover or provided to you electronically. From time to time, we may add to, modify or delete any feature of the e-Statement Service at our sole discretion.
You understand and agree that, by enrolling in the e-Statement Service, you will no longer receive a deposit account statement by mail. However, you can request copies of statements and Alerts by contacting us at 1-800-9CATHAY (1-800-922-8429). We may charge you a fee for paper copies, as stated in our current Schedule of Fees.
Eligible Accounts for e-Statements
Checking, savings and money market accounts are eligible for the e-Statement Service. Each account must be enrolled for the e-Statement Service on an individual basis. e-Statements will be available at the same frequency as your paper statement. e-Statements are not available for loan accounts.
Enrolling in e-Statements
In order to use the e-Statement Service, you must have enrolled in the Service and be a Cathay Bank online banking customer with a working connection to the internet. Your browser must support the Secure Sockets Layer Protocol and must be compatible with our hardware and software requirements as disclosed to you in the “Consent to Electronic Disclosure” section of this Agreement. You will need to have Adobe® Acrobat Reader® or a compatible software installed on your computer in order to access, view and print your statements. To download a free copy of Adobe® Acrobat Reader®, please visit www.adobe.com. We do not provide ISP services. You must have your own internet service provider.
For deposit accounts with multiple owners, only one account owner needs to enroll the account in the e-Statement Service. Once enrolled, the account will no longer appear on any account owner's paper statement. The account statement will be available for viewing to all owners of the account who are enrolled in the Service regardless of which owner enrolled for the e-Statement Service.
Fees and Additional Charges
There is no fee to enroll, and no periodic fee to use, the e-Statement Service. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and/or Internet service provider.
Accessing Your e-Statements
Your periodic e-Statement and Alerts will be presented or made available to you via the Service. Once you enroll in the Service, you and all other account owners will have access to your e-Statements within the Service. An electronic notification will be sent to your email address at the end of each statement cycle alerting you that the most recent statement is available for viewing. You agree to review your e-Statements and Alerts in a timely manner, just as you would paper statements and notices, and promptly notify us of any errors, unauthorized activity or other problems.
All e-Statements and Alerts are in a format that can be printed or saved to your computer for your future reference. You may view and print online images of the checks posted to your account. You may request that a photocopy of a cancelled check be mailed to you. However, we may impose a fee for each photocopy requested.
If you close an account or cease to be an online banking Service customer, you will no longer be able to view your account online, and future statements for your open account(s) will revert back to paper statements via U.S. mail.
You may request that a copy of your current or a previous statement (or Alerts) be mailed to you at your address. We may impose a fee for paper copies, as stated in our current Schedule of Fees.
If you currently receive duplicate statements at the same address, mailing of the duplicate copy will be discontinued; however, you can print multiple copies of your statement through the e-Statement Service. If you currently have a copy of your statement mailed to an interested third party (e.g., your accountant), mailing of a paper statement to the interested party will continue.
Change Statement Delivery Method
You may discontinue this e-Statement Service at any time by changing the delivery preferences shown in your e-Statement Profile. When you discontinue the e-Statement Service, you will automatically resume receiving mailed account statements and Alerts beginning with your next statement cycle. Electronic Alerts, if any, will be discontinued. The statements that were previously presented online will not be mailed to you; however, you may access copies of past statements using the Online Banking Statement History function.
Email Address Maintenance
You will be deemed to receive statements and Alerts on the date we make them available for you. As such, it is important that we have your current email address. You agree to update your email address by going to the Cathay Online Banking Account Services tab, clicking "Manage Contact Information," and then making your update. Unless otherwise prohibited by law, rule or regulation, if our email to you is returned as undeliverable, we may discontinue sending e-Statements and Alerts, and switch your account to paper statements via U.S. mail until you provide us with a valid email address. We are not liable for any third party-incurred fees, other legal liability, or any other issues or liabilities arising from e-Statements and Alerts sent to an invalid or inactive email address or postal address that you have provided.
Termination of e-Statements
We may elect to send paper statements and Alerts to you at any time without prior notice. We also reserve the right to terminate this e-Statement Agreement and your access to our online banking Service in whole or in part, at any time without cause or prior notice. You may terminate this e-Statement Agreement at any time by changing the delivery preferences shown in your e-Statement Profile.
We may add to, delete or change any term of this online banking agreement and consent to electronic disclosure (and any service described in this document) by providing you with advance notice.