Business Customer Liability. BUSINESS CUSTOMER REPRESENTS AND WARRANTS THAT IT’S AUTHORIZED USERS AND SUB-USERS HAVE THE APPROPRIATE AUTHORITY TO INITIATE TRANSACTIONS THROUGH THE INTERNET BANKING SERVICE. BUSINESS CUSTOMER ALSO REPRESENTS AND WARRANTS THAT IT MAINTAINS OR REQUIRES CURRENT AND UPDATED ANTI-VIRUS SOFTWARE ON ALL COMPUTERS USED TO ACCESS THE INTERNET BANKING SERVICE BY IT OR ON ITS BEHALF. BUSINESS CUSTOMER AUTHORIZES THIS INSTITUTION AND ITS SERVICE PROVIDERS TO ACT UPON, AND AGREES TO BE BOUND BY, ANY TRANSACTION, WHETHER OR NOT AUTHORIZED, THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF ANY AUTHORIZED USER(S). FURTHERMORE, ANY INSTRUCTIONS, DIRECTIONS, OR OTHER INFORMATION PROVIDED BY THE BUSINESS CUSTOMER, OR ANY OF ITS AUTHORIZED USERS, WILL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BUSINESS CUSTOMER. THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR VERIFYING THE IDENTITY OR AUTHENTICITY OF ANY PERSON CLAIMING TO BE AN AUTHORIZED USER OF THE BUSINESS CUSTOMER. BUSINESS CUSTOMER ASSUMES ANY AND ALL LIABILITY ARISING FROM THE USE OR MISUSE OF THE INTERNET BANKING SERVICE OR COMPANY ACCOUNTS BY ITS AUTHORIZED USERS OR AS A RESULT OF A COMPROMISED COMPUTER DUE TO A BREACH OF ANY OF THE FOREGOING WARRANTIES. BUSINESS CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THIS FINANCIAL INSTITUTION AND ITS SERVICE PROVIDERS FOR ANY LIABILITY AND DAMAGES RESULTING FROM OR ACTING UPON ANY TRANSACTION, DIRECTION, INSTRUCTION, OR INFORMATION THAT IS INITIATED WITH AN ACCESS ID AND PASSCODE OF BUSINESS CUSTOMER’S AUTHORIZED USER(S) REGARDLESS OF WHETHER SUCH TRANSACTION, DIRECTION OR INSTRUCTION IS MADE BY AN AUTHORIZED USER. BUSINESS CUSTOMER AGREES THAT WE MAY SEND NOTICES AND OTHER COMMUNICATIONS, INCLUDING EMAILS, TO THE CURRENT ADDRESS SHOWN IN OUR RECORDS, WHETHER OR NOT THAT ADDRESS INCLUDES A DESIGNATION FOR DELIVERY TO THE ATTENTION OF ANY PARTICULAR INDIVIDUAL. YOU FURTHER AGREE THAT FINANCIAL INSTITUTION NAME AND/OR ITS SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IF INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, EITHER IN TRANSIT OR AT YOUR PLACE OF BUSINESS. IN ADDITION, YOU AGREE TO: • REQUIRE ALL AUTHORIZED USERS TO KEEP PASSCODES SECURE AND STRICTLY CONFIDENTIAL; • IMMEDIATELY NOTIFY US AND SELECT A NEW PASSCODE IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSCODES MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON. WE MAY DISABLE PASSCODES OF AUTHORIZED USERS EVEN WITHOUT RECEIVING SUCH NOTICE FROM YOU,...
Business Customer Liability. Business customer represents and warrants that its authorized users have the appropriate authority to initiate transactions through the business online banking service. Business customer also represents and warrants that it maintains or requires current and updated anti-virus software on all computers used to access the business online banking service by it or on its behalf. Business customer authorizes this financial institution and its service providers to act upon, and agrees to be bound by, any transaction, whether authorized, that is initiated with an access id and password of any authorized user(s). Any instructions, directions, or other information provided by the business customer, or any of its authorized users, will be deemed to have been authorized by the business customer. This financial institution and its service providers will not be responsible for verifying the identity or authenticity of any person claiming to be an authorized user of the business customer. Business customer assumes all liability arising from the use or misuse of the business online banking service or eligible accounts by its authorized users or because of a compromised computer due to a breach of any of the foregoing warranties. Business customer agrees to indemnify and hold harmless this financial institution and its service providers for any liability and damages resulting from or acting upon any transaction, direction, instruction, or information that is initiated with an access id and password of business customer's authorized user(s) regardless of whether such transaction, direction or instruction is made by an authorized user. Business Customer agrees that we may send notices and other communications, including emails, to the current address shown in our records, whether that address includes a designation for delivery to the attention of any individual. You further agree that Pacific Valley Bank and/or its Service Providers will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. In addition, you agree to: • Require all Authorized Users to keep Passwords secure and strictly confidential. • IMMEDIATELY NOTIFY US AND SELECT A NEW PASSWORD IF YOU OR YOUR AUTHORIZED USERS BELIEVE YOUR PASSWORDS MAY HAVE BECOME KNOWN TO AN UNAUTHORIZED PERSON. • We may disable Passwords of Authorized Users even without receiving such notice from you if we suspect Passwords are being used...
Business Customer Liability. Tell us AT ONCE if you believe your security code password or token has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account plus your maximum overdraft line of credit. Also, if your statement shows transfers that you did not make, tell us at once. You are responsible for any unauthorized activity that takes place in your account until you notify us. If you believe your security code password or token has been lost or stolen or that someone has transferred or may transfer funds from your account without your permission, call the Operations Department at (000) 000-0000. Or write to: The Westchester Bank 00 Xxxxx Xxxxxx Xxxxx Xxxxxx, Xxx Xxxx, 00000 Attn: Deposit Operations Department BUSINESS DAYS Account transfers and payments processed before 7:00 P.M. Monday - Friday, excluding holidays, will be posted to your account on the day of the transaction. Transfers of payments after 7:00 P.M. will be posted to your account on the next business day. FEES There are no monthly or transaction fees for the account information services and transfer service; we may, however, establish a schedule of service charges and fees for any transaction under this agreement at any time. Other fees, charges and penalties as described in an applicable Account Agreement may apply to the Online Banking Services under this agreement and will continue to apply; changes to those are governed by the specific account agreement and applicable law. You agree to keep sufficient available balance in any one of the accounts to cover any transaction and any applicable fees (which include charges and penalties) under this agreement and any account agreement. You agree to promptly pay all fees (charges and penalties) under this agreement and any account agreement applicable to the transactions under this agreement and you authorize the deduction of these from any of your accounts without requiring your signature and without prior notice to you. You are responsible for other fees, charges and penalties you may incur by using these Internet Banking Services as, for example, telephone charges and ISP charges. We reserve the right, in our business judgment, to waive, reduce or reverse a fee under this agreement and any account agreement in individual situations. If we must initiate any legal action to collect money owed us under this agreement, including any counterclaim, you agree to pay all costs incurred by us (as allo...
