(Effective May 9, 2023)
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.
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: 800-922-8429.
You can use this Service to conduct the following activities:
You can access these functions through our web site: http://www.cathaybank.com or by downloading our Mobile banking App. 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 identification and password. Accounts requiring two or more signatures are not eligible for the Service.
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 website. 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.
user identification You will need to enter a user identification (“User ID”) and associated password (“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.
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 800- 922-8429 for automated account information.
4. Funds 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. You may also use our online banking service to transfer funds domestically from your account at Bank to another account you own at Bank (an “On Us Transfer”), from your account at Bank to an account you own at another financial institution, or from your account to another person’s account at another financial institution.
Eligible accounts. Funds transfers may be made only in U.S. dollars. Transfers cannot be made to or from time deposit accounts. 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 funds 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 funds transfers in your online banking profile.
Important Notice regarding Transfers from a Home Equity Line of Credit (“HELOC”). Funds transferred from your HELOC are considered advances on your credit line. There are no Loan Advance Transaction Fees charged when drawing from your HELOC account. However, each advance you request from your HELOC will accrue Interest Charges from the date the funds are transferred from the HELOC to your checking or savings account. For more information on your Loan advances, please refer to your Loan account agreement or statement.
Scheduling funds transfers. You may instruct us to transfer funds on any business day (the “Transfer Date”), in advance. We may require that you schedule your funds transfer up to two business days before the Transfer Date. We may refuse any instruction to make a funds transfer before the earliest available Transfer Date.
Funds transfers are processed only Monday through Friday. Any funds transfer request made on a weekend, holiday, or after 4:00 p.m. Pacific Time (10:00 p.m. Pacific Time for On-Us Transfers) on a business day may be processed on the following business day.
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 funds 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 three 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 800-922-8429. 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 sent on the last business day of that month.
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 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 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 canceling funds transfer instructions. You can cancel or change a funds transfer request electronically by deleting or changing the funds transfer instruction from Activity Center under the Transactions menu in our online banking website. To do this, you must act before 4:00 p.m. Pacific Time (10:00 p.m. Pacific Time On-Us Transfers) on the business day before the Transfer Date. 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 800-922-8429 or writing to us at: Cathay Bank, Attn: Customer Service Department, 9650Flair 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. Funds transfers to and from your accounts at other financial institutions are subject to the following limits: $5,000 per transaction, $5,000 per business day, and $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.
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. On-Us Transfers are not subject to any dollar limits, other than the available balance in the account to be debited.
We may refuse to permit any transfer at any time and without prior notice if we believe it may violate applicable law. See your account agreement for further details.
You can enroll online in our bill payment service which we call Bill Pay. If you have enrolled in Bill Pay, please refer to the TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE section in this document.
You can enroll in the Zelle® Network to enable a convenient way to transfer money between you and others who are enrolled directly with the Zelle® Network or enrolled with another financial institution that partners with the Zelle® Network using aliases, such as email addresses or mobile phone numbers (the “Zelle® Service”). We will refer to financial institutions that have partnered with the Zelle® Network as “Network Banks.” If you have enrolled in the Zelle® Service, please refer to the TERMS AND CONDITIONS OF THE ZELLE® SERVICE section in this document.
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 800-922-8429 during our business hours. We will have a reasonable time to act upon any e-mail instruction or 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.). You may also include an attachment with your e-mail. The following file types for attachments are supported: .ach, .doc, .docx, .log, .pdf, .ppt, .pptx, .rtf, .text, .txt, .wpd, .xls, .xlsx, .zip.
The e-mail “Message” 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 website, including without limitation our website; 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, 777 North Broadway 1-0-A, Los Angeles CA 90012.
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; you will not transmit any information which is defamatory, abusive, or which may give rise to civil liability; we may monitor your e-mail and Internet communications with our employees; and (g) our Service will be subject to the additional qualifications and operating rules, if any, set forth on our website.
The stop payment function allows you to stop payment on a check written against your checking account or Money Market 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 stop payment 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 stop payment request can be communicated to us by telephone at 800-922-8429 or by going into a Cathay Bank office during regular business hours.
You can export your account transaction data to your personal or business financial software, such as Quicken, Money, or QuickBooks.
Mobile Banking and Mobile Deposit provide you the convenience of managing your accounts and making check deposits on your mobile device. You can enroll online for Mobile Banking and Mobile Deposit or by downloading our Mobile banking app. If you have enrolled in Mobile Banking and Mobile Deposit, please refer to the TERMS AND CONDITIONS OF MOBILE BANKING AND MOBILE DEPOSIT section in this document.
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.
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.
Our business days are Monday through Friday, excluding holidays. Funds transfer instructions received after the cutoff hour of 4:00 p.m. Pacific Time (10:00 p.m. Pacific Time On-Us Transfers), or after the cutoff hour of 1:30 p.m. Pacific Time for domestic and international wires, 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.
We will send or make available to you a monthly deposit account statement.
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.
If you have a question about a Service transaction, including the Zelle® Service, 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:
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 Bill Pay) 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 Bank at once at the phone number or address set forth above, in Section 17. We may suspend or cancel a Password without receiving such notice from you if we suspect that a Password has been lost or stolen or is being used in an unauthorized or fraudulent manner.
If you permit other persons to use any Service, including the Zelle® 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.
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.
Call or write to us at the number or address listed in Section 17 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 BANK’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL 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.
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 website 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 website Terms and Conditions and your account agreement with respect to the Service.
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 website, 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.
We may terminate or suspend your access to all or part of the Service, including the Zelle® Service, at any time, with or without cause. We may automatically terminate or suspend your use of the Service, including the Zelle® 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 17. 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.
Our obligations set forth in Sections 24 and 25, and the limitations on customer liability set forth in Section 23 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 Bank which supersedes any proposal or prior agreement, oral or written, and any other communications between you and Bank relating to the subject matter of this Bill Pay Agreement. If there is a conflict between what an employee of Bank or Customer Service Department says and the terms of this Bill Pay Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other party.
Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Bank. No delay or omission on the part of 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.
31. Governing Law
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.
You may use our Service to send funds by wire transfer (“Wire Transfer”) domestically and internationally from your eligible account at Bank (the “Wire Service”). At this time, Wire Transfers using our online banking or mobile banking service may be made only in U.S. dollars. You request and authorize Bank to charge the eligible account designated by you (“Designated Account”) in the amount and according to the transfer instructions submitted by or on behalf of you via the Wire Service (“Wire Instructions”) to effectuate a Wire Transfer. Wire Transfers cannot be made from time deposit accounts. You agree that only an authorized signer on the Designated Account (“Authorized Signer”) is authorized to submit Wire Instructions. Bank may rely on the designation of an Authorized Signer until Bank actually receives written notice of any change of such Authorized Signer and has a reasonable time to act on such notice. By using the Wire Service, you agree to the terms and conditions of this Agreement.
CAUTION: Using the Wire Service may require you to communicate sensitive information such as account numbers and other non-public personal information to Bank. You understand and accept your obligations to maintain adequate security measures and to take all necessary precautions while communicating such information to Bank. You accept the risk in communicating to Bank by any channels which are not certified by Bank as protected and/or otherwise secure.
Each Wire Transfer may be for any purpose whatsoever pertaining to one or more Designated Accounts, consistent with the provisions of this Agreement, applicable law, and rules adopted by Bank from time to time.
You may instruct us to transfer funds by wire on any business day (the “Wire Transfer Date”), in advance. We may require that you schedule your Wire Transfer up to two business days before the Wire Transfer Date. We may refuse any instruction to make a Wire Transfer before the earliest available Wire Transfer Date.
We will not be responsible for delays or for any action or omission by you or other financial institutions.
Wire Transfers are processed only Monday through Friday. Any Wire Transfer request made on a weekend, holiday, or after 1:30 p.m. Pacific Time on a business day may be processed on the following business day. You are responsible for scheduling funds transfers and wires to be made in a timely manner.
You agree that we may charge or place a hold against your account for the amount of your Wire Transfer up to two business days prior to the Wire Transfer Date. You will receive a confirmation code at the time that you set up each online Wire Transfer.
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 800-922-8429. We do not provide any other notice of the receipt, transmittal or debiting of Wire Transfers.
Domestic and international wires are subject to a $25,000 transaction limit. Wires are also limited to a maximum of 2 domestic wires per business day and 2 international wires per business day, per customer.
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.
You agree to comply with all security procedures that Bank requires for the submission and confirmation of Wire Instructions (“Security Procedures”). For the purposes of wires sent through our online banking or mobile banking platform, the Security Procedures may include unique login procedures, passwords, two-factor authentication and/or other means of identification and authentication (“Access Credentials”). You agree to: (a) take reasonable steps to safeguard the confidentiality and security of your Access Credentials; (b) limit access to Access Credentials to persons who have a need to know such information; (c) notify Bank immediately if you have any reason to believe the security or confidentiality of Access Credentials have been or may be breached; and (d) immediately change any password or other Access Credential if you know or suspect that the confidentiality of the Access Credential has been compromised in any way.
BY USING THE WIRE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT SETS FORTH SECURITY PROCEDURES FOR WIRE TRANSFERS THAT ARE COMMERCIALLY REASONABLE. YOU AGREE TO BE BOUND BY WIRE INSTRUCTIONS, WHETHER AUTHORIZED OR UNAUTHORIZED, WHICH WE IMPLEMENT IN COMPLIANCE WITH THESE SECURITY PROCEDURES, UNLESS YOU HAVE GIVEN US PRIOR NOTICE OF POSSIBLE UNAUTHORIZED USE AS DESCRIBED ABOVE (AND WE HAD A REASONABLE OPPORTUNITY TO ACT ON SUCH NOTICE).
Each time you submit Wire Instructions using the Wire Service, you reaffirm your agreement that the Security Procedures are commercially reasonable.
We may restrict or discontinue your ability to submit Wire Instructions using the Wire Service at any time without prior notice to you if necessary to maintain Bank’s security or the security of the Wire Service. You agree that any action that Bank takes beyond the Security Procedures in an attempt to detect or prevent an unauthorized use of the Wire Service or an error in the transmission or content of a Wire Instruction, shall not be deemed to be a part of the Security Procedures regardless of how often Bank takes such action.
You agree that in using the Wire Service, you will maintain and keep current on all of your devices that can use the Wire Service sufficient protection so that such use will not result in the transmission of any virus, worm, Trojan or any other harmful computer program or message to Bank; you will not attempt to use the Wire Service or encryption software to access information not belonging to you; and you will not reverse engineer, decode, decompile, attempt to tamper with or evade or discover the method of operations or defeat any security device designed to protect the integrity of the Wire Service, encryption software or Bank’s computer system. YOU ARE LIABLE FOR AND AGREE TO INDEMNIFY AND HOLD HARMLESS BANK AND ITS AGENTS FOR ANY CLAIMS, DAMAGES OR LOSSES TO BANK OR ITS AGENTS AS A RESULT OF YOUR FAILING TO COMPLY WITH THIS SECTION.
Acceptance by Bank of any Wire Instruction will occur when Bank executes any payment or when Bank takes and receives payment from you for any such Wire Instruction. Bank may set a time each business day (or on certain days) by which Wire Instructions must be actually received by Bank in order to be afforded a reasonable opportunity to accept or otherwise act upon each Wire Instruction on the day of receipt. Bank may permit you to create and save Wire Instruction templates for your future use (“Templates”). For avoidance of doubt, Bank will not be deemed to have accepted any Wire Instruction created using a Template until the Wire Instruction has been submitted pursuant to the Security Procedure set forth in this Agreement.
Bank may make use of correspondents, intermediary financial institutions, agents, payment order systems and communication systems (each, a “Correspondent”) as it deems necessary or desirable to execute any Wire Instructions. To the full extent permitted by applicable law, Correspondents shall be deemed to be your agents, and Bank shall not be liable for any error, negligence, suspension, default, failure, misdelivery, or mistake by any Correspondent, all such risk being borne by you. You authorize Bank to instruct Correspondents to deduct their charges from the Wire Transfer amount.
Bank may reject any Wire Instruction for any reason or for no reason, in Bank’s sole discretion. Without limiting the foregoing, Bank reserves the right to reject a Wire Instruction: (a) if there is insufficient available funds in the Designated Account; (b) if the Wire Instruction is incomplete or unclear; (c) if the Wire Instruction is not received in a manner permitted under this Agreement, including by misuse or unauthorized use of the Security Procedure; (d) if the Wire Instruction violates any volume or value thresholds or any limits set by you or by Bank in its sole discretion; (e) if Bank is unable to authenticate a Wire Instruction that, in Bank’s sole judgment, appears anomalous or presents indicia of fraud; or (f) if for any other reason Bank is unable to process the Wire Instruction. If a Wire Instruction contains a discrepancy regarding a beneficiary’s name and account number or a beneficiary’s bank name and bank identifying number, Bank may execute the Wire Instruction based solely on the account number or bank identifying number provided by you. Acceptance of any Wire Instruction shall not be construed as or constitute a waiver by Bank of Bank’s right to accept or reject a Wire Instruction to the extent permitted by this Agreement and by law. We are not required to seek clarification from anyone regarding ambiguous Wire Instructions. You hereby waive any right to receive notice of acceptance or rejection of any Wire Instruction. Bank may act upon any Wire Instruction, in whatever form delivered. You assume sole responsibility for accurately describing Wire Transfer amounts, accounts, financial institutions, and addresses. We are not responsible for confirming such information, or for monitoring or refusing to process duplicate Wire Instructions. If you give us a Wire 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 Wire Instructions.
Bank may, in its sole discretion, assist you to attempt to cancel or amend the wire, although Bank has no duty to do so. Requests by you to cancel or amend a wire may only be made by you via the Service. If you request cancellation or amendment of a Wire Instruction, Bank may, in its sole discretion, assist you to attempt to cancel or amend the Wire Instruction, although Bank has no duty to do so and makes no representation or warranty as to its ability to do so. Any request for amendment or cancellation of a Wire Instruction must be actually received by Bank and at a time and in a manner affording Bank, in its sole discretion, a reasonable opportunity to act upon the request for amendment or cancellation. You hereby waive any right you may have to amend or cancel a Wire Instruction orally or in any manner other than herein expressly provided. In no event shall Bank be liable for any losses arising in connection any attempted cancellation or amendment of a Wire Instruction. You will be liable to Bank for the full amount of the Wire Transfer (and any fees or taxes in respect thereof) made in reliance upon your original Wire Instruction. You are liable to Bank for any fees and taxes imposed by Bank or any third party related to any requested cancellation or amendment, including cancellation or amendment fees, whether or not the requested amendment or cancellation is successful.
With the exception of special rules related to cancellation of a remittance transfer (see Section 20), you must act before 1:30 p.m. Pacific Time on the business day before the Wire Transfer Date to cancel or amend a Wire Instruction. If you have told us in advance to make regular transfers from your account, you can cancel or change these transfers only by deleting or changing your Wire Instructions using the Service.
If any amount of any Wire Transfer, or any part of any Wire Transfer, is returned to Bank for any reason, including, as a result of your requesting cancellation of the Wire Transfer or any rejection or return of any Wire Instruction or any part thereof, then Bank will refund to you the amount returned to Bank less Bank’s fees and expenses as well as any fees, expenses and taxes of any Correspondents and any U.S. or foreign government agencies, as the case may be. In no event shall Bank be under any obligation to make any refund to you when funds have not been returned in full to Bank.
International Wire Transfers may be subject to delays. Although we may charge your account for an international Wire Transfer on the business day that we receive your instruction, it may take two or more business days (depending on the country) for the beneficiary to receive the funds. For a Remittance Transfer, as defined herein, an estimated date of when the funds will be available to the beneficiary will be disclosed on the Disclosure & Receipt provided to you when the Wire Transfer is initiated. Wire Transfers to beneficiaries outside of the United States will be denominated in U.S. dollars only. If for any reason the Wire Transfer is returned to us, you agree to accept the refund in U.S. dollars in the amount of the foreign money credit, based on the current buying rate on the date of the refund or cancellation, less any charges and expenses incurred by us. International Wire Transfers may be subject to changes in foreign currency exchange rates. In the event of a discrepancy between the English translation versus the foreign language translation of information provided on an international Wire Transfer, the English translation shall govern.
You may use the Service to make regularly recurring Wire 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 Wire Transfer Date for an automatic transfer falls on a weekend or holiday, the transfer may be sent the following business day. If the Wire Transfer Date is scheduled for a day that does not exist for a particular month (e.g., February 30th), the transfer will be sent on the last business day of that month.
Bank reserves the right to reverse any erroneous credit or debit to a Designated Account and to reverse any provisional credit or debit that cannot be confirmed as final.
You have a duty to examine each and every confirmation and statement of Designated Account activity sent by Bank to you or held by Bank at your request and you must, within fourteen (14) days following the date each confirmation or statement is mailed or otherwise made available to you, report to Bank any unauthorized Wire Instruction or other unauthorized activity with respect to the Designated Account or any other discrepancy, error, or omission with respect to the Designated Account, whether or not Bank provides you with copies of any Wire Transfer or other receipt thereof. If you fail to make the above report strictly within the time herein required, Bank shall not be liable to you for any interest on the amount which is the subject of any such discrepancy or unauthorized activity. The foregoing is in addition to the other limitations on Bank’s liability set forth in this Agreement.
Except as otherwise stated in this Agreement, Bank will be liable to you only for damages arising directly from Bank’s intentional misconduct or gross negligence in the performance of the Wire Service. Bank will not be responsible for any loss, delay, cost or liability to the extent that it arises, directly or indirectly, in whole or in part, from: (a) your actions or omissions, or those of third parties which are not within Bank’s immediate and reasonable control; (b) your negligence or breach of any agreement with Bank; (c) any ambiguity, inaccuracy or omission in any Wire Instruction or information provided to Bank; (d) any error, failure or delay in the transmission or delivery of data, records or items due to a breakdown in any computer or communications facility; (e) accidents, strikes, labor disputes, pandemics, civil unrest, fire, flood, water damage (e.g., from fire suppression systems), or acts of God; (f) causes beyond Bank’s reasonable control, including the failure to perform by any third-party service provider; (g) the application of any government or funds-transfer system rule, guideline, policy or regulation; (h) the lack of available funds in a Designated Account to complete a transaction; (i) Bank’s inability to confirm to Bank’s satisfaction the authority of any Authorized Signer; or (j) your failure to follow any applicable software manufacturer’s recommendations or Bank’s Wire Service instructions. There may be other exceptions to Bank’s liability, as stated in your Designated Account agreement or other service agreements with Bank.
Bank will not be responsible under any circumstances for special, indirect, or consequential damages which you may incur as a result of Bank’s actions or omissions, even if Bank is aware of the possibility for such damages. Bank’s liability and your remedy for actual costs and losses resulting from Bank’s failure to transmit funds in the correct amount or to the correct beneficiary listed in any Wire Transfer shall not exceed the direct money damages that you incur as a result of the failure (e.g., the amount of a wire transfer that is sent to the wrong party, or the amount by which a transfer exceeds the amount you authorized, plus interest as permitted by law). In all other cases, Bank’s liability and your remedy for actual costs and losses resulting from Bank’s actions and/or omissions, whether the claim is in contract or tort, will not exceed the lesser of: (a) six times the average monthly charge for the Wire Service for the three months immediately preceding the cost or loss; and (b) $25,000.
Any claim, action or proceeding by you to enforce the terms of this Agreement or to recover for any Wire Service-related loss must be commenced within one year from the date that the event giving rise to the claim, action or proceeding first occurs. You agree to cooperate with Bank in any loss recovery efforts Bank undertakes to reduce any loss or liability that arises in connection with the Wire Service. You acknowledge that the Wire Service fees have been established in contemplation of: (a) these limitations on Bank’s liability; (b) your agreement to review statements, confirmations, and notices promptly and to notify Bank immediately of any discrepancies or problems; and (c) your agreement to assist Bank in any loss recovery effort.
You agree to indemnify, defend and hold harmless Bank from and against any and all liability, damages, losses, claims, costs, and expenses (including attorney’s fees and related costs and expenses) incurred by Bank in connection with its receipt and action upon any Wire Instruction or any failure or delay by Bank to execute or otherwise act upon a Wire Instruction as herein provided.
You agree to pay the fees for the Wire Service set forth in Bank’s current fee schedule, and reimburse Bank for any expenses and/or taxes incurred by Bank in connection a Wire Transfer. Such fees, expenses and/or taxes may be debited from the Designated Account. You also agrees that other fees, charges, foreign exchange commissions, interest, expenses and/or taxes (collectively, “Other Charges”) may be charged or collected by any Correspondents and/or U.S. or foreign government agencies, as applicable, in connection with the processing, execution, acceptance, transmission and/or receipt of any Wire Instruction or Wire Transfer. Other Charges may vary from time to time, and may be debited from the Designated Account, debited from the beneficiary’s account, and/or deducted from the amount of the Wire Transfer. ACCORDINGLY, EXCEPT AS REQUIRED BY APPLICABLE LAW, THE AMOUNT RECEIVED BY THE DESIGNATED BENEFICIARY MAY BE LESS THAN THE ORIGINAL AMOUNT OF THE WIRE TRANSFER AS A RESULT OF ANY SUCH OTHER CHARGES. Bank may receive a portion of any such Other Charges, including as a rebate, revenue share, commission, or other payment. Except as required by applicable law, Bank has no obligation to determine or advise you of the amount of any Other Charges, even if Bank has actual knowledge of, or receives a portion of, any Other Charges. Bank has no obligation to transmit a Wire Transfer using any particular Correspondent, and Bank may transmit a Wire Transfer to a Correspondent that charges higher Other Charges than those charged by another person or entity. We may charge any fees incurred to your Account.
A “Remittance Transfer” is an electronic transfer of funds, including, for the avoidance of doubt, an electronic transfer sent by wire and, in an amount more than $15 that is requested by a consumer in the United States, and sent to a beneficiary in a foreign country. Remittance Transfers are governed by the Electronic Funds Transfer Act and Regulation E, which provide certain rights and obligations that differ from the rights and obligations that apply to other types of Funds Transfers.
Among other things, this means that when you request a Remittance Transfer, specific disclosures about the details of the requested Remittance Transfer will be made available to you at the time you authorize the Remittance Transfer; you should print the disclosure for your records. Your disclosure and the remittance transfer rules in the Electronic Funds Transfer Act and Regulation E will take precedence over any conflicting provisions contained in this Agreement.
You have the right to cancel a remittance transfer and obtain a refund of all funds paid to us, including any fees. You may cancel a same-day remittance transfer that is in “Authorized” status within 30 minutes of authorizing the remittance transfer, or in the case of a preauthorized (future-dated) transfer no later than 3 business days before the scheduled transfer date. If the transfer status is “Processed,” you must contact us at 800-922-8429 to request to cancel the transfer. When you contact us, you must provide us with information to help us identify the transfer you wish to cancel, including the amount and location where the funds were to be sent. We will refund your money within three business days of your request to cancel a transfer as long as the funds have not already been picked up or deposited into a recipient’s account.
If you think there has been an error or problem with your Remittance Transfer:
We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.
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 this Agreement, 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 800-922-8429 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. The following compatibility table describes how we define compatibility levels:
Provides the ideal experience with Online and Mobile Banking
Supports the general functionality of Online and Mobile Banking. May have some minor behavioral or cosmetic differences.
Supports the general functionality of Online and Mobile Banking. May have behavioral or cosmetic differences.
Results may be inconsistent. Bank does not guarantee compatibility with Online or Mobile Banking
The following browsers are supported. Any browser not listed below should be considered unsupported.
Google Chrome (Current and previous two versions)
Mozilla Firefox (Current and previous two versions)
Microsoft Edge (Current and previous two versions)
Apple Safari (Current and previous two versions)
You will need a computer that has:
Satellite connections often have difficulty supporting Hypertext Transfer Protocol Secure (HTTPS) applications. Since our online banking provider is HTTPS-encrypted for the safety of your financial information, some satellite cable connections may exhibit slow responses. 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.
If you have enrolled in Bill Pay, the following additional terms and conditions supplement, and supersede where inconsistent, other terms of this Agreement.
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.
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.
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. Payments by check may be received by a Payee prior to the Scheduled Payment Date and presented by the Payee against your account at that time. If you do not have sufficient funds in your Payment Account at the time a check is presented by the Payee, we may pay the amount of the check and charge you an overdraft fee or return the check and charge you a fee for nonsufficient funds.
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 Bill Pay 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:
Provided none of the foregoing exceptions are applicable, if Bill Pay 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.
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.
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 800-922-8429. 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.
Payments to Payees outside of the United States or its territories are prohibited through Bill Pay.
Tax payments and court ordered payments may be scheduled through Bill Pay, 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 Bill Pay Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed with Bill Pay. 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 Bank.
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:
This Bill Pay Agreement does not alter your liability or obligations that currently exist between you and your Payees.
BILL PAY 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.
There is no fee to enroll, and no monthly fee to use, Bill Pay. 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.
In using Bill Pay, 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:
This Bill Pay 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 Bill Pay 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 Bill Pay 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.
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.
In the event you wish to cancel Bill Pay, you may have the ability to do so through the product, or you may contact customer service via one of the following:
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 Bill Pay is cancelled. We may terminate or suspend Bill Pay at any time. Neither termination nor suspension shall affect your liability or obligations under this Bill Pay 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 Bill Pay Agreement.
In using Bill Pay, 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 Bill Pay may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in Bill Pay, you agree that 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 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)
If you have enrolled in Mobile Banking and Mobile Deposit, the following additional terms and conditions supplement, and supersede where inconsistent, other terms of this Agreement. Mobile Banking and Mobile Deposit are provided by Cathay Bank and not any other third party. You and Cathay Bank are solely responsible for the content transmitted through the text messages sent to and from Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.). Please note, you are not required to enroll in our online Banking Service in order to enroll in Mobile Banking and Mobile Deposit.
To stop receiving text messages relating to Mobile Banking, text STOP to 86434.
In case of questions please contact customer service by calling us at 800-922-8429 or writing to us at: Cathay Bank, Attn: Customer Service Department, 9650 Flair Drive RS-02, El Monte, CA 91731.
Note: Wireless carriers are not liable for delayed or undelivered messages. Messages and data rates may apply from your wireless carrier.
We do not currently charge for the Mobile 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.
Please see our fee schedule for NSF fees and other fees that could affect your accounts.
We reserve the right to limit the frequency and dollar amount of transfers and payments for security reasons. Payments and transfers may only be made to and from account in the United States, and only in U.S. dollars. In connection with Mobile Banking, Bill Payments may not exceed a total of $10,000 per transaction or $20,000 per business day. Transactions using the Zelle® Service are limited to $1,000 per transaction and $1,500 per business day. If any transaction is scheduled to occur on a weekend, a holiday, or after our cutoff hour, we may determine your transaction limitations as if the transaction occurred on the following business day. We may permit you to exceed these limits from time to time at our sole discretion, but may cease doing so at any time and without prior notice. 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.
To use Mobile Banking and Mobile Deposit, you must have a web-enabled cell or smart phone with a working connection to the Internet. 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 our 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. You must also have the App and other equipment described in this Agreement. You are responsible for the selection, installation, maintenance, and operation of your mobile device, software, and other equipment required for the Service.
We are not responsible for any errors, failures, or malfunctions of your hardware or software, or for any virus or related problems that may occur with your use of Mobile Banking and Mobile Deposit. 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. These terms do not amend any agreement you may have with your internet service or wireless providers.
MOBILE BANKING AND MOBILE DEPOSIT ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR VENDORS PROVIDE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THESE SERVICES. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. NEITHER WE NOR OUR VENDORS ASSUME ANY LIABILITY FOR THE UNAVAILABILITY OF THESE SERVICES. THIS PROVISION SHALL NOT BE DEEMED TO LIMIT OUR OBLIGATIONS AS OTHERWISE SET FORTH IN THIS AGREEMENT OR AS REQUIRED BY LAW.
Data obtained from you in connection with Mobile Banking and Mobile Deposit 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.
Your wireless carrier and other service providers may also collect data from your Mobile Banking and Mobile Deposit usage and their practices are governed by their own polices.
Services available through Mobile Banking include funds transfers, Wire Transfers, Bill Payments, and the Zelle® Service. Please consult this Agreement as well as the respective terms for those services for more information. Mobile Deposit is also available through Mobile Banking, as further detailed below.
We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments. If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.
Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.
Except as otherwise set forth in this Agreement, you agree to indemnify, defend and hold us harmless from all claims, actions, proceedings, fines, costs and expenses (including, without limitation, attorney fees) related to or arising out of: (a) your actions and omissions in connection with your accounts or our Service, or (b) our actions and omissions, provided that they are taken/omitted in accordance with this Agreement or your instructions. This provision shall survive the termination of this Agreement.
If you are enrolled in Mobile Banking, the following terms and conditions apply to your use of Mobile Deposit and supplement and supersede, where inconsistent, other terms of this Agreement.
NOTE: YOUR USE OF MOBILE BANKING AND MOBILE DEPOSIT WILL BE SUBJECT TO THE SEPARATE END USER LICENSE AGREEMENT TERMS APPLICABLE TO USE OF THE MOBILE BANKING DOWNLOADABLE APP.
You acknowledge and agree that a third party provider or licensor to your financial services provider (“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 your financial services provider 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”).
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this 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 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.
You shall not: (a) modify, revise or create any derivative works of the Software; (b) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (c) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (d) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, 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 LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
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 the restrictions set forth in this Agreement.
This Agreement constitutes the entire agreement between the parties concerning the Software. This 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 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 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 Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
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 this 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 this 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.
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 statements by mail. However, you can request copies of statements and Alerts by contacting us at 800-922-8429. We may charge you a fee for paper copies, as stated in our current Schedule of Fees.
Checking, savings, and money market accounts and consumer loan statements (HELOC and mortgage) 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.
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 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.
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.
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.
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.
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 Settings menu, clicking “Update Personal 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.
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 Agreement (and any service described in this document) by providing you with advance notice.
When you enroll to use the Zelle® Service or when you permit others to whom you have delegated to act on your behalf to use or access the Zelle® Service, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account.
You agree that you will not use the Zelle® Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Zelle® Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.
The Zelle® Service is intended for personal, not business or commercial use. You agree that you will not use the Zelle® Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Zelle® Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Zelle® Service if we believe that you are using the Zelle® Service for business or commercial purposes, or for any unlawful purpose.
You agree that you will not upload or provide content or otherwise post, transmit, distribute, or disseminate through the Zelle® Service any material (“Content”) that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle® , as determined by Zelle® in its sole discretion; or (f) in Zelle®’s or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Zelle® Service, or which may expose us, Zelle® or our respective affiliates or customers to harm or liability of any nature.
Although neither we nor Zelle® have any obligation to monitor any Content, both we and Zelle® have absolute discretion to remove Content at any time and for any reason without notice. We and Zelle® may also monitor such Content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Zelle® Service, you may be exposed to Content that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any Content, including any loss or damage to any of your Content. We and Zelle® make no representation or warranty that Content uploaded to a User profile accurately identifies a particular User of the Zelle® Service.
The Zelle® Service may include functionality for you to add a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending or receiving money, which will be your “Zelle® tag.” You will be limited to one Zelle® tag per bank account, and each Zelle® tag must have one U.S. mobile phone number or email address associated with it. Your Zelle® tag must meet the Content Standards. You may not select a Zelle® tag that misleads or deceives other Users of the Zelle® Service as to your identity, or otherwise. Although neither we nor Zelle® have any obligation to monitor User Zelle® tags, both we and Zelle® have absolute discretion to remove a User Zelle® tag at any time and for any reason without notice. We and Zelle® may require you to change your Zelle® tag in our sole discretion, and we may elect to make a Zelle® tag unavailable to you, without any liability to you. We and Zelle® may also monitor User Zelle® tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Zelle® Service, you may be exposed to a Zelle® tag that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any User Zelle® tags, including any loss or damage caused thereby. We and Zelle® make no representation or warranty that a User Zelle® tag accurately identifies a particular User of the Zelle® Service. We respect the intellectual property of others and require that users of the Zelle® Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish Content on the Zelle® Service that is subject to intellectual property rights claims.
By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, Zelle® tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle® tag and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle®, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Zelle® Services or related transfers between Network Banks and you. You agree that we may, Zelle® may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle® tag enrolled with the Zelle®® Service, you have no ability to stop the transfer. By using the Zelle® Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and the other Network Banks, we may need or Zelle® may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.
You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to: (a) this Agreement; and (b) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Zelle® Service. If the person you sent money to has already enrolled with Zelle®, either in the Zelle® mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle®, either in the Zelle® mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
Neither we nor Zelle® shall have liability to you for any transfers of money, including without limitation: (a) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount; or (b) any related losses or damages. Neither we nor Zelle® shall be liable for any typos or keystroke errors that you may make when using the Zelle® Service.
THE ZELLE® SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. NEITHER WE NOR ZELLE® OFFERS A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH ANY SERVICE, INCLUDING THE ZELLE® SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle® may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Zelle® Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle®. Neither we nor Zelle® assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
We do not currently charge for the Zelle® 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 PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE® MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE ZELLE® SERVICE. ZELLE® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE ZELLE® SERVICE DESCRIBED OR PROVIDED. ZELLE® DOES NOT WARRANT THAT THE ZELLE® SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE® SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, INCLUDING SECTION 20 OF PART II, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE ZELLE® SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE® SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE ZELLE® SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE® SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE® SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF WE, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
You acknowledge and agree that you are personally responsible for your conduct while using the Zelle® Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Bank, Zelle®, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Zelle® Service, or any violation by you of the terms of this Agreement.
Subject to the terms of this Agreement, the Zelle® Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle®’s control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.
Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.