Please read the following agreement carefully. At the end of the agreement
you may choose "I ACCEPT "or "I DECLINE".
1. Agreement
- This Agreement is a contract which establishes the rules which
cover your electronic access to your accounts at Northwest
Commercial Bank through Premierecom®. By using Premierecom®, you
accept all the terms and conditions of this Agreement. Please
read it carefully.
The terms
and conditions of the deposit agreements and disclosures for
each of your Northwest Commercial Bank accounts as well as your
other agreements with Northwest Commercial Bank such as loans
continue to apply notwithstanding anything to the contrary in
this Agreement.
This
Agreement is also subject to applicable federal laws and the
laws of the State of Washington (except to the extent this
Agreement can and does vary such rules or laws). If any
provision of this Agreement is found to be unenforceable
according to its terms, all remaining provisions will continue
in full force and effect. The headings in this Agreement are for
convenience or reference only and will not govern the
interpretation of the provisions. Any waiver (express or
implied) by either party of any default or breach of this
Agreement must be in writing and shall not constitute a waiver
of any other or subsequent default or breach. You may not assign
this Agreement. This Agreement is binding upon your heirs and
Northwest Commercial Bank's successors and assigns. Certain of
the obligations of the parties pursuant to this Agreement that
by their nature would continue beyond the termination,
cancellation or expiration of this Agreement shall survive
termination, cancellation or expiration of this Agreement. This
Agreement, together with the Fee Schedule, constitutes the
entire agreement between you and Northwest Commercial Bank with
respect to the subject matter hereof and there are no
understandings or agreements relative hereto which are not fully
expressed herein.
2. Definitions
- As used in this Agreement, the words "we," "our," "us" mean
Northwest Commercial Bank "You" and "your" refer to the account
holder authorized by Northwest Commercial Bank to use
Premierecom® under this Agreement and anyone else authorized by
that accountholder to exercise control over the accountholder’s
funds through Premierecom®. "Account" or "accounts" means your
accounts at Northwest Commercial Bank. "Electronic funds
transfers" means ATM withdrawals, preauthorized transactions,
point of sale transactions, transfers to and from your Northwest
Commercial Bank accounts using Premierecom®. "Premierecom®
Services" means the services provided pursuant to this
Agreement. "Business days" means Monday through Friday. Holidays
are not included.
3. Access
- To use Premierecom®, you must have a checking account at
Northwest Commercial Bank, access to the Internet, and an e-mail
address. You must use an access ID and a password to access the
Service and acknowledge acceptance of the Northwest Commercial
Bank Online Access Agreement and Funds Transfer Act Disclosure
upon your initial log in. You can add or delete any of your
Northwest Commercial Bank accounts from this Agreement by
contacting us during normal business hours.
4.
Premierecom® Services
- You can use Premierecom® to check the balance of your
Northwest Commercial Bank accounts, view Northwest Commercial
Bank account histories, transfer funds between your Northwest
Commercial Bank accounts, place stop payments, and send us
e-mails. Balance and activity information are available as of
5:00 p.m. (Pacific Time) of the previous business day. E-mail
requests received after 3:00 p.m. (PT) will be processed on the
next business day following the date the request was made
online.
5. Hours of Access
- You can use Premierecom® seven days a week, twenty-four hours
a day, although some or all Premierecom® services may not be
available occasionally due to emergency or scheduled system
maintenance.
6. Your Password
– For security purposes, you are required to change your
password upon your initial login to Premierecom®. You determine
what password you will use and the identity of your password is
not communicated to us. You agree that we are authorized to act
on instructions received under your password. You accept
responsibility for the confidentiality and security of your
password and agree to change your password regularly. Upon three
unsuccessful attempts to use your password, your access to
Premierecom® will be revoked. To re-establish your authorization
to use Premierecom®, you must contact us to have your password
reset. We recommend that you create a password that utilizes
both upper and lower case alpha and numeric characters for
purposes of security. Your password should not be associated
with any commonly known personal identification, such as social
security numbers, address, date of birth, names of children, and
should be memorized rather than written down. Each individual
who has access to the Service must choose a separate access ID
and password. We may act on any Service instruction that is
accompanied by your access ID and password. We undertake no
obligation to monitor transactions through Premierecom® to
determine that they are made by you.
7. Security
- You understand the importance of your role in preventing
misuse of your accounts through Premierecom® and you agree to
promptly examine your paper statement for each of your Northwest
Commercial Bank accounts as soon as you receive it. You agree to
protect the confidentiality of your account and account number,
and your personal identification information, such as your
driver’s license number and social security number. You
understand that personal identification information by itself,
or together with information related to your account, may allow
unauthorized access to your account. Your password and login ID
are intended to provide security against unauthorized entry and
access to your accounts. Data transferred via Premierecom® is
encrypted in an effort to provide transmission security and
Premierecom® utilizes identification technology to verify that
the sender and receiver of Premierecom® transmissions can be
appropriately identified by each other. Notwithstanding our
efforts to insure that the Premierecom® system is secure, you
acknowledge that the Internet is inherently insecure and that
all data transfers, including electronic mail, occur openly on
the Internet and potentially can be monitored and read by
others. We cannot and do not warrant that all data transfers
utilizing Fiserv Premierecom®, or e-mail transmitted to and from
us, will not be monitored or read by others.
8. Posting of Transfers
- Transfers initiated through Premierecom® before 5:00 p.m.
(Pacific Time) on a business day are posted to your account the
same day. Transfers completed after 5:00 p.m. (PT) on a business
day, or a Saturday, Sunday or banking holiday, will be posted on
the next business day. Premierecom® identifies transfers based
upon the login ID of the user who made the electronic transfer.
You agree to communicate with any other persons with authorized
access to your accounts concerning any transfers from your
accounts in order to avoid overdrafts. Overdrafts (Order of
Payments, Transfers, and other Withdrawals) - If your account
has insufficient funds to perform all electronic fund transfers
you have requested for a given business day, then:
a) Electronic funds transfers involving currency disbursements,
like ATM withdrawals, will have priority;
b) Electronic fund transfers initiated through Premierecom® which
would result in an overdraft of your account may, at our
discretion, be cancelled;
c)
In the event the electronic fund transfers initiated through Premierecom® which would result in an overdraft of your account
are not cancelled, overdraft charges may be assessed pursuant to
the terms of the deposit agreement for that account.
9. Limits on Amounts and Frequency of Premierecom® Transactions
- The number of transfers from your accounts and the amounts
which may be transferred are limited pursuant to the terms of
the applicable deposit agreement and disclosure for those
accounts. If a hold has been placed on deposits made to an
account from which you wish to transfer funds, you cannot
transfer the portion of the funds held until the hold expires.
10. Stop-Payment Requests
- You may initiate stop-payment requests online only for paper
checks you have written (non-electronically) on your accounts.
Online stop-payment requests completed by 3:00 p.m. (PT) on a
business day, or a Saturday, Sunday or banking holiday will be
processed at 3:00 p.m. (PT) on the next business day following
the date the stop-payment was requested. To be effective, this
type of stop-payment request must precisely identify the name of
the payee, the check number, the amount, and the date of the
check. To place a stop-payment on electronic payments or to
expedite a request, you may contact us by phone during our
regular business hours at (253)584-9100. You will incur
stop-payment charges as disclosed in the current fee schedule
for the applicable account.
11. Disclosure of Account Information and Transfers
- You understand information about your accounts or the
transfers you make may automatically be disclosed to others. For
example, tax laws require disclosure to the government of the
amount of interest you earn, and some transactions, such as
large currency and foreign transactions, must be reported to the
government. We may also provide information about your accounts
to persons or companies we believe would use the information for
reasonable purposes, such as when a prospective creditor seeks
to verify information you may have given in a credit application
or a merchant calls to verify a check you have written. In
addition, we routinely inform credit bureaus when accounts are
closed because they were not handled properly. We may also seek
information about you from others, such as the credit bureau, in
connection with the opening or maintaining of your account or in
connection with approving your access to Premierecom®. You agree
and hereby authorize all of these transfers of information.
12. Periodic Statements
- You will not receive a separate Premierecom® statement.
Transfers to and from your accounts using Premierecom® will
appear on the respective periodic paper statements for your
Northwest Commercial Bank accounts.
13. Change in Terms
- We may change any term of this Agreement at any time. If the
change would result in increased fees for any Premierecom®
service, increased liability for you, fewer types of available
electronic fund transfers, or stricter limitations on the
frequency or dollar amount of transfers, we agree to give you
notice at least 21 days before the effective date of any such
change, unless an immediate change is necessary to maintain the
security of an account or our electronic fund transfer system.
We will post any required notice of the change in terms on the
Northwest Commercial Bank website or forward it to you by e-mail
or by postal mail or bank statement notification. If advance
notice of the change is not required, and disclosure does not
jeopardize the security of the account or our electronic fund
transfer system, we will notify you of the change in terms
within 30 days after the change becomes effective. Your
continued use of any or all of the subject Premierecom® Services
indicates your acceptance of the change in terms. We reserve the
right to waive, reduce or reverse charges or fees in individual
situations. You acknowledge and agree that changes to fees
applicable to specific accounts are governed by the applicable
deposit agreements and disclosures.
14. In
Case of Errors or Questions about Your Electronic Transfers
- Contact us as soon as you can, if you think your paper
statement is wrong, or if you need more information about a
transfer listed on your paper statement. We must hear from you
no later than 60 days after we sent the FIRST paper statement
upon which the problem or error appeared. When you contact us:
a) Tell us
your name and account number.
b) Describe
the error or transfer you are unsure about, and explain as
clearly as you can why you believe it is an error, or why you
need more information.
c) Tell
us the dollar amount of the suspected error.
If you
contact us by telephone or by e-mail, we may require that you
send us your complaint or question in the form of a paper
writing by postal mail or fax within 10 business days.
We
will communicate to you the results of our investigation within
10 business days after you contact us 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 provisionally 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 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 in the form of a
paper writing within 10 business days, we may not provisionally
credit your account.
If we
decide that there was no error, we will send you a written
explanation within 3 business days after we finish our
investigation. You may ask for copies of the documents that we
used in our investigation. If we have made a provisional credit,
a corresponding debit will be made from your account.
15. Our Liability for Failure to Make a Transfer
- 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 when you have properly instructed us to do so, we will be
liable to you for your losses or damages caused as a result.
However, there are some exceptions. We will NOT be liable, for
instance:
a) If,
through no fault of ours, you do not have enough money in your
account to make a transfer.
b) If a
legal order directs us to prohibit withdrawals from the account.
c) If
your account is closed, or if it has been frozen.
d) If
the transfer would cause your balance to go over the credit
limit of an established line of credit or the credit limit for
any credit arrangement set up to cover overdrafts.
e) If
you, or anyone authorized by you, commits any fraud or violates
any law or regulation.
f) If
any electronic terminal, telecommunication device, or any part
of the Premierecom® electronic fund transfer system is not
working properly and you knew about the problem when you started
the transfer.
g) If
you have not properly followed the on-screen instructions for
using Premierecom®.
h) If
circumstances beyond our control (such as fire, flood,
interruption in telephone service or other communication lines)
prevent the transfer, despite reasonable precautions that we
have taken.
16. Your
Liability for Unauthorized Transfers
- CONTACT US AT ONCE if you believe your password has
been lost, stolen, used without your authorization, or otherwise
compromised, or if someone has transferred or may transfer money
from your accounts without your permission. An immediate
telephone call to us is the best way to reduce any possible
losses. You could lose all the money in your accounts (plus your
maximum overdraft line of credit, if any). If you contact us
within 2 business days after you learn of the loss, theft,
compromise, or unauthorized use of your password, you can lose
no more than $50 if someone used your password without your
permission.
If you do
NOT contact us within 2 business days after you learn of the
loss, theft, compromise, or unauthorized use of your password,
and we can prove we could have stopped someone from using your
password to access your accounts without your permission if you
had told us, you could lose as much as $500.
Also, if
your paper statement shows transfers that you did not make,
contact us at once. If you do not tell us within 60 days after
the paper statement was mailed to you, you may not get back any
money you lost through transactions made after the 60 day time
period 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 hospital stay) kept you from contacting
us, we will extend the time periods.
17. Disclaimer
of Warranty and Limitation of Liability -
We make no
warranty of any kind, express or implied, including any implied
warranty of merchantability or fitness for a particular purpose,
in connection with the Premierecom® Services provided to you
under this Agreement. We do not and cannot warrant that
Premierecom® will operate without errors, or that any or all
Premierecom® Services will be available and operational at all
times. Except as specifically provided in this Agreement, or
otherwise required by law, you agree that our officers,
directors, employees, agents or contractors are not liable for
any indirect, incidental, special or consequential damages under
or by reason of any services or products provided under this
Agreement or by reason of your use of or access to Premierecom®,
including loss of profits, revenue, data or use by you or any
third party, whether in an action in contract or tort or based
on a warranty. Further, in no event shall the liability of
Northwest Commercial Bank and its affiliates exceed the amounts
paid by you for the services provided to you through Premierecom®.
18. Your
Right to Terminate
- You may cancel your Premierecom® service at any time by
providing us with written notice by postal mail or fax. Your
access to Premierecom® will be suspended within 3 business days
of our receipt of your instructions to cancel the service. You
will remain responsible for all outstanding fees and charges
incurred prior to the date of cancellation.
19. Our
Right to Terminate
- You agree that we can terminate or limit your access to
Premierecom® Services for any of the following reasons:
a) Without prior notice, if you have insufficient funds in any one
of your Northwest Commercial Bank accounts. Premierecom® service
may be reinstated, in our sole discretion, once sufficient funds
are available to cover any fees, pending transfers, and debits.
b) Upon
3 business days notice, if you do not contact us to designate a
new Primary Checking Account immediately after you close your
Primary Checking Account.
c) Upon
reasonable notice, for any other reason in our sole discretion.
20.
Communications between Northwest Commercial Bank and You
- Unless this Agreement provides otherwise, you can communicate
with us in any one of the following ways:
E-mail
- You can contact us by e-mail at
info@nwcommbank.com (Please
note that banking transactions through Premierecom® are not made
via e-mail.)
Telephone
- You can contact us by telephone at (253)584-9100.
Facsimile
- You can contact us by fax at (253)581-7797.
Postal
Mail
- You can write to us at: Northwest Commercial Bank, Attention
Customer Service, 5726 100th Street SW, Lakewood, WA,
98499
In Person
- You may visit us in person at our location:
5726 100th
Street SW, Lakewood, WA, 98499
Business
and Other Non-personal Accounts –
The Bank’s
obligations set forth in Sections 14 and 15, and the limitations
on your liability set forth in Section 16, do not apply in the
case of business or other non-personal accounts. Under no
circumstances will we be liable for any special or consequential
damages involving such accounts. The owners of non-personal
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 their receipt of the first
statement or notice reflecting the problem, whichever occurs
first). We may process any Online instruction we believe is
given by any of you if the instruction is accompanied by your
access ID and password, and you will be obligated for the
transfer or payment, even if the instruction is not transmitted
or authorized by you.
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