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Avoiding
Debt...Managing Your Credit Wisely
Banking
Center
It
is difficult to imagine life without having credit.
You need a solid credit history to buy a house or a
car. Some employers even check out your credit record
before giving you a job.
The
ability to buy something now and pay for it later creates
an obligation to repay the debt. The longer you take
to pay off the balance, the more it will cost you in
interest. So, managing your credit wisely requires self-discipline
so you are able to score well with credit grantors.
Creditors use a scoring system to judge whether you
meet its criteria. For example, you receive more points
if you own your own home and have lived there several
years, held a job for a long time, have large balances
in your bank accounts and have handled credit responsibly
with previous creditors. If you job hop or move frequently,
and pay off your debts late, you receive far fewer points.
Unfortunately, you don't see your credit score, which
is compiled each time you apply for credit.
Interestingly, most creditors will lower your score
if you have too much credit available from other sources.
Even if you have a spotless payment history, the opportunity
for you to go on a spending binge exists in the eyes
of the credit-granting agency.
If you think you have a low score, there are steps to
take to manage your credit wisely to boost your credit
score. You can apply for a secured card, deposit money,
make a few purchases and make your payments on time.
Consider applying for a department store or gasoline
credit card and build small balances, but pay them off
in full each month. Over time, your credit score will
rise, and you will qualify for unsecured credit cards
on your own.
Some
additional helpful tips:
Don't
apply for more than one or two credit cards at a time.
Each inquiry about your credit is included in your credit
report. If too many credit grantors inquire at once,
they'll all be suspicious of your intentions.
Make
it a personal rule not to charge disposable items on
your credit cards. Purchases such as food, gasoline
and even other debts should be paid for with cash as
the purchase is long gone by the time you receive your
bill. Who wants to finance a gallon of milk for seven
months?
Consider
transferring your balance to a lower rate card. If you
apply for and accept a lower-rate card, immediately
transfer the outstanding balance from your old, higher-rate
card. Ask the issuer of the new card if they have actual
payment checks that can be sent directly to the old
card issuer to pay off your balance. This method can
avoid costly cash advance fees.
Make
sure the low rate applies to balance transfers.
Avoid
cards that charge interest from the date of purchase
with no grace period as well as cards that charge interest
immediately on a cash advance, plus charge a fee for
each cash advance.
By clicking on the "PROCEED" button below, I hereby
apply for Bank@Home service (the "Service") and authorize
you and your agents and assigns to provide the Service
for the Credit Dauphine, N.A. (the "Bank") accounts
designated. I understand that the use of the Service
is subject to the terms and conditions (including those
applicable to electronic fund transfers subject to Regulation
E of the Federal Reserve Board) contained in: (a) the
Web Banking Service Agreement ("the Service Agreement")
and (b) your disclosure booklet for personal accounts
or your disclosure booklet for business accounts (if
I am applying for the Service as a sole proprietor),
which I will receive in the mail or received when I
opened my account(s). I/We acknowledge and agree that
using, or permitting another person to use, the Service
confirms the agreement set forth in the Service Agreement(s),
which will be included in the Online Welcome Kit.
I must indicate that I wish to cancel the Service by
written notice. Non-usage of the Service for 60 consecutive
days may result in either termination of the Service
or discontinuance of any service fee waiver at your
sole discretion. I agree that any time after such notice
or period of non-use, you may discontinue both the Service
and/or any waiver of charges that ordinarily apply to
this or any other services provided by you or Credit
Dauphine Investment Services in connection with a promotional
offer of the Service (e.g. free use of non-bank ATM's
or free Online Account Access or Online Bill Payment).
If my Service is discontinued, pending payments and
recurring payments that have not been sent will be canceled.
I understand and agree that: subscribing to and using
the Service is required to qualify for any promotional
waiver of service charges; you may take up to 60 days
to verify such Service usage before crediting me with
any promotional rebate (discontinuing the Service does
not require repayment of any rebate previously given);
I am eligible for the benefits of only one promotional
offer for Bank@Home and only for the software designated,
and your determination of eligibility, whether by reference
to Taxpayer Identification Numbers, account numbers,
or otherwise, shall be conclusive on this point; the
promotional waiver of other network fees for ATM transactions
(but not any other fees which may be imposed for transactions
on a non-Bank ATM) is available only on the single checking
account I designate for Bank@Home billing purposes;
see Service Agreement for details. I may begin using
the Service only after you have provided me a PIN and
Welcome Kit to confirm my enrollment as a Bank@Home
customer.
I hereby certify that all statements in this application
are true and complete and are made for the purpose of
obtaining the Service, and opening an account relationship
with you; authorize you to obtain such information as
you may require concerning the statements herein; agree
that this application shall remain your property; and
acknowledge my responsibility under Section 1788.21
of the California Civil Code to inform you of any change
in name, address or employment within a reasonable time.
Web Banking Service Agreement
This Web Banking Service Agreement ("Agreement") sets
forth the terms governing DauphineWeb(sm) on the Web
and Business Banking on the Web(collectively the "Service")
offered by Credit Dauphine, N.A. ("Bank," "we," and
"us").All subscribers to the Service ("you") agree to
be bound by these terms. This Agreement is a supplement
to other information and disclosure documents governing
the Activated Accounts (as defined below) at Credit
Dauphine,including, but without limitation,"All About
Personal Accounts and Services" disclosure and agreement
and "All About Business Accounts and Services" disclosure
and agreement.
This Agreement for the Service is not meant to replace
any such agreements that govern your accounts at Credit
Dauphine, or at its Credit Dauphine Investment Services,
Inc. subsidiary("Investment Services")that will be accessed
through the Service. For purposes of this disclosure,
our Business Days are Monday through Friday.Bank holidays
are not included.
1. Activated Accounts. You can have the following types
of Credit Dauphine or Investment Services accounts connected
to the Service:Checking accounts,Savings accounts,MoneyMarket
deposit accounts (or Super MoneyMarket deposit accounts)
Personal and small business lines of credit Cash Reserve
line of credit,Portfolio Connection® accounts,Credit
Dauphine Investment Services IRA and brokerage accounts
(you may view account balance information only) Installment
Loans We may allow other types of accounts to be connected
to the Service from time to time.Connected accounts
are referred to as "Activated Accounts." We reserve
the right to determine which accounts can be connected
to the Service. We may refuse to allow certain accounts,
such as accounts with special signing requirements,
to become activated.
2. Authorized Persons. If you are approved for this
Service, you may act alone in using the Service to perform
transactions involving any Activated Account. You can
designate identification numbers for individuals you
wish to be able to obtain account information or perform
routine transactions on Activated Accounts.Individual
identification numbers must be specifically requested
for each individual name. This feature allows you to
control the degree of access to, and authority over,
your accounts when using the Service.(For example, you
may authorize certain individuals to make inquiries
only,and other individuals the ability to initiate all
transactions.) After the request for an identification
number is made, each individual will be mailed a temporary
password. This temporary password will be replaced by
a permanent password of the individuals choosing
the first time the service is used.
3. Computer Requirements. The Service requires the use
of 128-bit encrypted browser software (such as Credit Dauphine®
Navigator or Credit Dauphine® Internet Explorer,or other
software that allows you to view the World Wide Web),
a computer,a modem and an Internet Service Provider,
or the equivalent for Credit Dauphine or similar viewing device.
In this Agreement, the device and software used to view
the World Wide Web are collectively referred to as your
"Computer". You are solely responsible for the selection,installation,
maintenance,operation and cost of your Computer and
Internet Service Provider.Note: the Service is not compatible
with all browser software, and is best viewed using
Credit Dauphine or Internet Explorer 4.0 (128-bit encryption
version).
4. The Service. The Service allows you to: Obtain account
balance and transaction information for your Activated
Accounts; Transfer money between Activated Accounts
and set up weekly,bi-weekly, monthly or bi-monthly recurring
transfers from one Activated Account to another.(Recurring
transfers must be for the same amont.); Transfer money
between Activated Accounts and your accounts at other
financial institutions; Transfer money to pay certain
Credit Dauphine lines of credit,mortgages, or loans;Pay
bills to any merchant, institution or individual with
a U.S.address or your Credit Dauphine credit card through
Online Bill Payment (see section 5 of this Agreement);Order
copies of paid checks and prior statements;Reorder checks
from Credit Dauphine® Check Printers (Not available for Business
Banking on the Web); Request a stop payment on a check;
and Activate your MasterMoney® Card. Transfers Transfers
to other financial institutions are generally limited
to two per day with a maximum of $20,000 each per Activated
Account. Transfers from another financial institution
are limited to two each day with a limit of $500 each.
You are limited to two pending transactions at one time
for each account. Other Service transactions may be
limited to $20,000 each per Activated Account.
Transfers from another financial institution to your
Activated Account may take up to one Business Day to
complete. Transfers can be canceled at any time before
11:00 p.m. (Pacific Standard Time) on the Business Day
the transaction is scheduled to take place. Please note
that some funds transfers you make through the Service
are also subject to Wire and ACH Transfer terms and
conditions.Refer to agreements governing your Activated
Accounts for a description of any transfer limitations.
Transfers or payments from savings or money market accounts
may be limited (see Section 7 of this agreement).If
there are insufficient available funds in an account
you designate to make a transfer, or if making a transfer
would cause your line of credit account to exceed your
credit limit, we may reverse the transfer. If the Bank
chooses, we may complete the transfer by overdrawing
your account or by making an advance on your line of
credit in excess of your credit limit. We may charge
a fee for each transfer request that would overdraw
your account (or exceed your credit limit) whether or
not we complete the transfer.Refer to Section 5, Online
Bill Payment, for additional information. Line of Credit.
Each transfer made from a line of credit account will
be treated as a loan advance. Stop Payments.can place
a stop payment using the Service. To do so, you must
provide us with timely, complete and accurate information
designating the account number the item is drawn upon,
the item number 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. Also,depending on the date you request
a stop payment, we may not be able to verify whether
the item has been paid, in which case we will ask you
to telephone Teleservices® or Commercial Customer
Service. Be sure to wait for an online confirmation
that a stop payment was placed before you log out of
the Service. Requests become effective only when we
confirm their receipt and have verified that the item
has not been paid.To place a stop payment covering a
range of checks that are missing or stolen, you must
call Teleservices or Commercial Customer Service for
personal assistance, or contact your banking office.
Other terms and conditions governing stop payments are
contained in "All About Personal Accounts and Services"
and "All About Business Accounts and Services" agreements
and disclosures.E-Mail Limitations. We may not immediately
receive E-Mail that you send. Therefore, you should
not rely on E-Mail if you need to communicate with us
immediately, for example, if you need to report a lost
or stolen card or PIN, or report an unauthorized transaction
from one of your accounts. (If you need to contact us
immediately, please refer to Section 15). We cannot
take action based on your E-Mail requests until we actually
receive your message and have a reasonable opportunity
to act. E-Mail may not be used to request account information
or to conduct transactions
with
us (e.g., wire transfer requests, loan payments or funds
transfers). Also, because E-mail you send to us may
not be secure, do not include confidential information.
If in doubt, contact your banking office. Activated
Account Detail and Balances. For each Activated Account,you
may access a maximum of 42 days of your transaction
history or 1,000 transactions, whichever is less, through
the Service.With certain exceptions, as described below,
your transactions and account balance are current as
of the close of the previous Business Day. Your Available
Balance is also shown on the Service, which takes into
account uncollected funds, holds, and transactions posted
or memo posted since the close of the previous Business
Day. Due to timing differences between cut-off times
for Money Market Fund transactions and Bank processing
of deposits, checks and MasterMoney Card transactions,
the Available Balance reported for Portfolio Connection
accounts represents the Money Market Fund balance as
of the end of business two days ago, with memo posting
of items received and processed by the Bank the night
prior to posting the balance on the Service. If you
overdraw your checking account and you have Savings
Overdraft Protection, the credit to your checking account
will appear on the day the checking account is overdrawn.
The debit to your savings account will not appear until
the following day. This means that your savings account
balance will be overstated by the transfer amount for
one day. If a transfer exceeds the available credit
on your Cash Reserve or line of credit, the funds will
appear in the account to which you transferred them,
but will not be available for withdrawal. The transfer
may be reversed the following Business Day. You will
continue to receive printed statements through the mail,
subject to the information in Section 11 of this agreement.
Teleservices® and Automated Customer Service When
you sign up for Bank@Home on the Web or Business Banking
on the Web, you automatically have access to your account
information through Credit Dauphines Teleservices
and Automated Customer Service, the Banks 24-hour
telephone client service departments. The terms and
conditions governing Teleservices are provided in the
Banks "All About Personal Accounts and Services"
and "All About Business Accounts and Services" disclosures
and agreements. The terms and conditions governing Automated
Customer Service are provided in the Banks "All
About Business Accounts and Services" disclosure and
agreement. Customer Access Number Your Customer Access
Number is the same whether you access your account information
through Bank@Home on the Web or call Teleservices or
Commercial Customer Services Automated Customer
Service; however, your Personal Identification Number
("PIN") will be different. (For more information about
your PIN, see Section 6 of this Agreement.) Your customer
access number is the last eight digits on your ATM or
MasterMoney Card, or in some instances your access number
may be your account number.
5.
Online Bill Payment. Our Online Bill Payment service
allows you to schedule bill payments through the Service
seven days a week. Through Online Bill Payment you can:
Make payments to individuals, businesses, merchants,
and your Credit Dauphine credit card and loan accounts.
Set up payments to be made on a regular basis. Make
transfers to and from your Credit Dauphine Activated
Accounts, or set up automatic transfers.* You may also
make transfers from accounts at other financial institutions
after these accounts are activated for transfer "from"
capability. * Except in the case of a Credit Dauphine
credit card, when you add a Bank account as a payee,
it will be immediately accessible to you as a transfer
"To" account. If you are an authorized signer on this
account (contracting officer on a business account),
we will add it to your Service relationship, allowing
you to view it on your financial summary screen within
the Service and to transfer funds "To" and "From" this
account via the Service. (The "From" and financial summary
screen access will be available approximately 5 Business
Days from the date you enter the account as a payee.)
Payment Account. Each time you make an Online Bill Payment,
you must indicate the Credit Dauphine Activated Account
from which you wish the payment to be made (the "Payment
Account"). Payments, except Credit Dauphine loan payments,
may not be made from savings accounts. Payment Method.
Your Online Bill Payments will be made by transferring
funds electronically from the Payment Account to the
payee, or by mailing or otherwise delivering a check
payable to the payee. A "payee" is a person or business
you are paying. You can only designate payees with United
States addresses. Payees may be deleted from your Service
by you or the Bank if you do not use them. You should
receive a notification within the Service before they
are deleted. Timing and Scheduling Your Payments. To
allow time for the payee to receive your payment, you
must schedule the payment to be made at least five Business
Days prior to the day you want a payee to receive payment.
The day by which the payee indicates payment is due
is the "Due Date." We recommend that you do not schedule
the payment to be made during a grace period that your
payee grants between the Due Date and the date at which
the payment is considered late. The Bank will not be
liable for late charges, penalties, interest, finance
charges and other damages if you schedule your payment
to be paid during a grace period. The Bank will initiate
your payment request either on the Business Day we receive
your request, or the Business Day you specify, up to
90 days in the future. Payments requested to occur on
a Saturday, Sunday or Bank holiday will be processed
the next Business Day. You may make payments to your
Credit Dauphine loan Activated Accounts up to 11:00
p.m. (Pacific Standard Time) on the Date Due for same
day processing. (Note: this does not include your Credit
Dauphine credit card.) When requesting an Online Bill
Payment, your account will be charged the day you designate
the payment be made (the "Process Date"). The payment
will be mailed or sent electronically to the payee the
next Business Day. You must have funds on deposit in
the account you specify on the Process Date for the
payment to be made. The Bank assumes no responsibility
for late payments if you do not properly schedule and
submit your request. To ensure that critical or time-sensitive
payments, such as insurance premiums, are made in a
timely manner, we recommend that you schedule these
payments well in advance of their Due Dates. Payees
may require extra time to post a payment to your account
because they do not receive a payment coupon or invoice
number with the payment.
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Some
payees disclose the extra processing time they require
to post payments that do not include a payment coupon
or invoice. Recurring payments may be set up for weekly,
bi-weekly, monthly or bi-monthly payment. They must
be for the same amount each time. Any scheduled or recurring
payment request you designate that falls on a Saturday,
Sunday or a Bank holiday will be made on the following
Business Day. Please note that some payments to payees
you make through the Service are subject to Wire and
ACH Transfer terms and conditions.Refer to agreements
governing your Activated Accounts for more information.
Caution Against Using the Service to Make Tax Payments:
Please note that Credit Dauphine discourages you from
using Online Bill Payment to pay federal, state or local
tax agencies.These agencies frequently require that
coupons accompany payments, which cannot be done through
Online Bill Payment. For this reason, unless the Bank
made an error in scheduling a payment, the Bank will
not be liable for penalties, interest or other damages
of any kind to tax agencies. Disconnected Service. If
for some reason you are disconnected from the Service
before you log out, we recommend that you log back onto
the Service to verify that the payments or transfers
you scheduled appear on your pending payments/transfers
screen. Do NOT reissue any payment requests made during
the interrupted session unless you have been advised
to do so by the CD-Direct Banking Center. Otherwise,
a duplicate payment could result. You authorize us to
pay any duplicate payments you issue. We will not be
responsible for any payees refusal to return any
duplicate payments issued by you. Rejecting Payment
Requests. Payment requests may be rejected if they appear
to be fraudulent or erroneous. A payment request may
also be refused if there is any uncertainty regarding
the transacting partys authority to conduct the
transaction, or if there is any dispute or uncertainty
regarding the ownership or control of the Payment Account.
No Signature Required. When a payment is requested using
Online Bill Payment, you agree that we may charge your
account to make the payment with the same effect as
if you had signed a check.When using the Service to
make transfers from accounts, you agree that we may
take any action required to obtain loan advances on
your behalf, including charging the Activated Account
you designated without your signature. Canceling Online
Bill Payments. After a payment request is transmitted,
you may use Online Bill Payment to cancel the payment
by using the DELETE function on the Banks "Pending
Payment/Transfers" web site page. The canceling request
for payments must be transmitted before 11:00 p.m. (Pacific
Standard Time) on the Business Day the transaction is
scheduled to take place, or you may be responsible for
the payment. Recurring payment instructions must be
canceled no later than 11:00 p.m. (Pacific Standard
Time) the day prior to the recurring payment date. Our
Liability for Failing to Make Online Bill Payments.
Please refer to Section 12 of this Agreement. Cancellation
or Termination of Online Bill Payment. Please refer
to Sections 17 and 18 of this Agreement. Online Bill
Payment Fees. For Online Bill Payment fees, refer to
the applicable Fee Schedule for your Service.
6.
Personal Identification Number (PIN). You need a Personal
Identification number ("PIN") to access your Service.
When you sign up for the Service, the Bank will mail
a temporary PIN to you. During your first use of the
Service, you will be required to select your own PIN.
If you have designated different users for your Service,
they will be issued separate PIN's. To help safeguard
your security, you should change your PIN frequently.
Do not write your PIN on your Computer. If you forget
your PIN, you must contact us to have a new temporary
PIN issued to you. You agree to keep your PIN confidential
in order to prevent unauthorized access to your accounts
and the Service. No Credit Dauphine employee will ever
ask you for your PIN. You should never include your
PIN in any verbal, written,faxed, or e-mail communication
with us. Your PIN can be changed within the Service.
you will have a separate PIN to access Teleservices
and Automated Customer Service. To report a lost or
stolen PIN, see Section 15 of this Agreement.
7.
Limitations. Federal law limits certain transfers and
withdrawals from savings accounts and money market deposit
accounts. You may not make more than six withdrawals
and/or transfers from these accounts each monthly statement
period by check (for accounts with check privileges),
pre-authorized or automatic transfer, draft, debit card,
data transmission, or telephonic agreement. Only three
of these six transfers may be by check, draft, debit
card, or similar order. Please see your deposit agreement
for further details. Investment Services and the Bank
reserve the right to limit the frequency and dollar
amount of transactions from your Activated Accounts
for security reasons.
8.
Hours of Operation and Transaction Cutoff Time. The
Service is available to you 24 hours a day, 365 days
a year, except at times of "Service Unavailability"
(see Section 9 of this Agreement). Your Activated Account
information is updated at each "Update Time", defined
as 6:00 a.m. (Pacific Standard Time) Tuesday through
Friday and 8:00 a.m. (Pacific Standard Time) on Saturday,
except on Bank holidays. We will process your transaction
request at the end of the Business Day if you complete
and transmit the request by 11:00 p.m. (Pacific Standard
Time) (the "Cutoff Time"), Monday through Friday, except
on Bank holidays. Transfer requests submitted after
the Cutoff Time or on non-Business Days will be considered
requested as of the next Business Day.If you attempt
to send transaction requests near the Cutoff Time, and
your request is not completed before the Cutoff Time,
your transaction requests may be deemed received as
of the next Business Day. The exact timing of the Update
Time or the Cutoff Time may vary without notice. We
will not be responsible for any loss or delay related
to any variation.
9.
Service Unavailability. Access to the Service may be
unavailable without notice at certain times for the
following reasons: Scheduled Maintenance. There will
necessarily be periods when systems require maintenance
or upgrades. These typically occur from 11:00 p.m. to
1:30 a.m. (Pacific Standard Time). You may be able to
access your account information between the hours of
11:30 p.m. and 1:30 a.m. (Pacific Standard Time); however,
you will only be able to view your information ("Inquiry
Only Mode"). The system will also not be available on
Sundays from 1:30 a.m. to 3:00 a.m. (Pacific Standard
Time). Unscheduled Maintenance. The Service may be unavailable
when unforeseen maintenance is necessary.System Outages.
Major unforeseen events, such as earthquakes, fires,
floods, computer failures, interruptions in telephone
service or electrical outages, may interrupt Service
availability. During Inquiry Only Mode you will not
be able to schedule payments, transfers, or change your
PIN.) Although we undertake reasonable efforts to ensure
the availability of the Service, we will not be liable
in any way for its unavailability or for any damages
that may result from such unavailability.
10.
Service Fees. Refer to your Service "Fee Schedule" for
fee information about Bank@Home on the Web and Business
Banking on the Web. Service fees for other banking transactions
may be covered in supporting documentation from the
Bank, such as the "All About Accounts and Services"
agreements and disclosures.
11.
Account Statements. You will continue to receive monthly
account statements for your Activated Accounts, except
in the case of savings accounts when there were no transfers
in a particular month. In any case, you will be mailed
statements at least quarterly or annually, depending
on your deposit agreement with the Bank. Service transactions
will appear on your account statements. Copies of checks
and statements can be ordered through the Service, Commercial
Customer Service, or your banking office.We may impose
a fee for such copies.
12.
Our Liability For Failing To Make or Complete a Transaction.If
Credit Dauphine or Investment Services does not properly
complete a bill payment or transfer on time or in the
correct amount, we will pay any late fees or finance
charges as long as your account was in good standing
with the merchant prior to this incident. There are
some exceptions, however. We WILL NOT be liable, for
instance, if: You fail to provide us with timely, complete
and accurate information for a stop payment;
Through no fault of ours, you do not have enough available
funds or credit availability in your account to make
the payment or transfer; The payment or transfer would
exceed the credit limit under any credit arrangement
established to cover negative balances; Circumstances
beyond our control (such as fire, flood, water damage,
power failure, strike, labor dispute, computer breakdown,
telephone line disruption or a natural disaster) prevent
or delay the transfer despite reasonable precautions
taken by us; The system or terminal was not working
properly and you knew or should have known about the
problem when you started the transaction; The funds
in your account are subject to legal process, an uncollected
funds hold or are otherwise not available for withdrawal;
The payment account is closed or frozen; The electronic
funds transfer system of Credit Dauphine is not working
properly; The information supplied by you or a third
party is incorrect, incomplete, ambiguous or untimely;
You did not properly follow Service instructions on
how to make the transfer or payment (this includes incorrect
date, amount and/or address information);You did not
authorize a payment early enough for the payment to
be scheduled, transmitted, received, and credited by
the payees Due Date; We made a timely payment
but the payee refused to accept the payment or did not
promptly credit your payment after receipt;
Any third party through whom any bill payment is made
fails to properly transmit the payment to the intended
payee; Your Computer, Internet connection and/or software
malfunctioned for any reason, or the transaction could
not be completed due to Service Unavailability. We will
not be liable for indirect, special, or consequential
damages arising out of the use of Online Bill Payment.
There may be other exceptions stated in our agreements
with you. We will not be responsible for any errors
or failures due to any malfunction of your Computer
or the software, the unsuitability of your Computer
or software, or any virus. Business Accounts. We will
have NO LIABILITY FOR CONSEQUENTIAL,REMOTE OR INDIRECT
DAMAGES resulting from any failure to complete a transaction,
even if we have been advised of the possibility of such
damages, if you are a corporation, partnership, limited
liability company, or other business entity (i.e., not
a natural person), or if you established the account
from which the transfer was intended for other than
personal, family or household purposes.
13.
Your Liability for Unauthorized Electronic Fund Transfers.
Tell us AT ONCE if you believe your PIN has been lost
or stolen.Telephoning is the best way of limiting your
possible losses. You could lose all the money in your
account (plus your maximum line of credit). If you tell
us within two Business Days that your PIN as been lost
or stolen, you can lose no more than $50 if someone
used your PIN without your permission. If you do NOT
tell us within two Business Days after you learn of
the loss or theft of your PIN, and we can prove we could
have stopped someone from using your PIN without your
permission if you had told us, you could lose as much
as $500. Also, if your statement or information you
access online 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 may extend the time periods. Business
Accounts. The limitations on customer liability set
forth in the preceding paragraphs do not apply to accounts
held by businesses. Business customers agree to review
promptly all statements, notices and transaction information
made available to them, and to report all unauthorized
transactions and errors to us immediately. Business
customers agree that we may process payment and transfer
instructions which are submitted with a correct PIN,
and agree that such instructions will be deemed effective
as if made by them, even if they are not transmitted
or authorized by the customer.
14.
In Case of Errors or Questions About Your Electronic
Transfers or Payments. Email us at Credit Dauphine (analysis@creditdauphine.com),
as soon as you can if you think your statement is wrong
or if you need more information about a transfer 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. (1) Tell us your name and
account number. (2) Describe the error or the 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.(3) 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 tell you the results of our
investigation 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 re-credit your account within 10
Business Days for 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 re-credit your account. If we decide that there
was no error, we will send you a written explanation
within three Business Days after we complete our investigation.
You may ask for copies of the documents that we used
in our investigation.
Business Accounts. The time limits and provisional re-crediting
procedures described in the preceding paragraphs in
this Section 14 do not apply to businesses, which are
subject to the provisions of the appropriate account
agreements.
15.
Reporting Unauthorized Transactions. If you believe
your PIN has been lost, stolen, or discovered by another
person, or that someone has transferred or may transfer
money from your account without your permission, email
us at Credit Dauphine (analysis@creditdauphine.com)
or write to us at:
Credit
Dauphine, N.A.
CD-Direct
Banking Center,
P.O.
Box 224000, Los Angeles, California, 90002
16.
Release of Account Information. You authorize us to
release information regarding the status and history
of your accounts to others, including (without limitation)
our parent company, agents and affiliates, except as
limited by applicable law. We normally release information
when it is necessary or helpful in completing a transaction;
to verify the existence and condition of your account
for a third party, such as a merchant, another financial
institution or a credit reporting agency; to comply
with the law or a court order; when an inquiry is made
regarding sufficient funds to cover a check you have
written; with your authorization; to paying agencies
after the death or incapacity of a recipient or beneficiary
of recurring direct deposit payments; to our agents
and affiliates, except as limited by applicable law,
and other companies to facilitate the delivery of information
related to your accounts or other financial services;
in response to requests by agents of the Bank, such
as independent auditors, consultants, or attorneys;
and to an account verification service if we close your
account due to unsatisfactory handling, fraud, attempted
fraud, or criminal activity. (See your deposit agreement
for details).
17.
Non-usage and Cancellation of the Service. You must
indicate that you wish to cancel the Service by written
notice to CD-Direct Banking Center, P.O. Box 224000,
Los Angeles, CA 90002. Non-usage of the Service for
60 consecutive days may result in either termination
of the Service or discontinuance of any service fee
waiver at our sole discretion. You agree that at any
time after such notice or period of non-use, we may
discontinue both the Service and/or any waiver of charges
that ordinarily apply to this or any other services
provided by us or Investment Services in connection
with a promotional offer of the Service (e.g. free use
of non-Bank ATMs or free Service or Online Bill Payment).
We strongly suggest that you cancel all recurring and
future bill payments before you cancel your service,
either by deleting those payments yourself using the
Service. This will ensure that future payments and transfers
made by you will not be duplicated.
We will automatically delete, without notice, all outstanding
payment orders (all individual payments and all recurring
payments) once we have been notified that your service
has been terminated. We will continue to maintain your
accounts until you notify us otherwise.
18.
Termination of Service. We may suspend or terminate
your Service at any time, with or without cause and
without affecting your outstanding obligations under
this agreement. We may immediately take this action
if:
You breach this or any other agreement with us; We have
reason to believe that there has been or may be an unauthorized
use of your account or PIN; There are conflicting claims
to the funds in your account; or You request that we
do so.
19.
Portfolio Connection Accounts. Portfolio Connection
is made available though Credit Dauphine Investment
Services, Inc., a registered broker-dealer, member NASD/SIPC,
and wholly owned subsidiary of
Credit Dauphine, N.A. Investments are available through
Credit Dauphine Investment Services, Inc. and: are NOT
bank deposits; are NOT obligations of, or guaranteed
by, any bank, Credit Dauphine Investment Services, Inc.,
or any subsidiary or affiliate; are NOT insured or guaranteed
by the FDIC or, unless government securities, by any
other government agency; and involve investment risk,
including the possible loss of principal. See your Portfolio
Connection Customer Agreement for details. SIPC generally
protects customers against the physical loss of securities
certificates if the broker-dealer holding the securities
for the customers fails. It does not protect against
market or investment loss. Portfolio Connection utilizes
four registered money market funds as "sweep" vehicles.
These funds are offered solely through SEI Financial
Services Corporation, their distributor, which is not
affiliated with Credit Dauphine. The investment management
division of Credit Dauphine (or an affiliate of the
Bank), acts as investment advisor to the Highmark Funds
and the Bank provides certain other services to the
Funds. The Bank and its affiliate(s) receive compensation
for their services. For more complete information about
the mutual funds available,including charges and expenses,
please request a prospectus and read it carefully before
you invest. For those investments allocated to a money
market fund, it is a fundamental policy to use every
effort to maintain a stable net asset value of $1.00.
There is no assurance that a fund will be able to do
so.
20.
Amendment of this Agreement. Credit Dauphine may change
or cancel the Service at any time without cause, subject
to applicable laws and regulations. We may amend this
agreement by sending you advance notice of the amendment.
All notices we send to you will be deemed delivered
when mailed to the last address the Bank has for you.
21.
Notices. We may send notices to you at the address shown
in our account or Service records.
22.
Severability. If any provision of this Agreement is
determined to be void or invalid, the rest of the Agreement
will remain in full force and effect.
23.
Other Terms. This Agreement supplements the agreements
of the various Activated Accounts you have connected
to your Service. Please see those agreements for other
details regarding your accounts, fees and transactions.
24.
Limitation Of Promotional Offers. We may, from time
to time and at our sole discretion, make some o all
of the Service available to qualifying customers at
special promotional rates. Promotional offers are subject
to the following limitations and requirements (as well
as any other terms disclosed):Selection of the Service
and an eligible checking or Portfolio Connection account
as your Billing Account. Any pricing advantage on related
services (checking accounts,ATM fees, etc.) is contingent
upon activation and regular use of the Service.If the
promotional offer includes an ATM fee waiver, the waiver
applies to network fees for withdrawals and transfers
from your Billing Account only. An ATM fee waiver does
not apply to the charges other financial institutions
or merchants may impose for transactions at their locations.
Only one promotional offer per Service relationship
is permitted, and our determination on this point, whether
by reference to Taxpayer Identification Number, account
numbers, or otherwise, shall be conclusive. Promotional
offers may change from time to time without prior notice.
Unless otherwise indicated, no more than one promotional
offer or discount shall apply with respect to any account
or service. Making changes while you are obtaining the
Service under a promotional offer terminates the benefits
of that offer and entitles you to the benefits of any
promotional offer then in effect for the new type of
Service, but only for the period of time remaining under
your original promotional offer.
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