MEGA BANK’S ONLINE BANKING SERVICE AGREEMENT

Please read this Agreement and Disclosure, you may also print a copy to retain for your reference. After reading, to proceed, click on the “I Accept” button or the “Cancel” button at the end of the document.

INDEX

  1. INTRODUCTION
  2. HOW TO REACH US
    1. Business Days
    2. Contact Us
    3. E-mail
  3. KEEPING YOUR ACCOUNT CONFIDENTIAL
    1. Password and Access ID Protection
    2. Three Strikes and You’re Out
    3. Lost or Stolen Access ID or Password
    4. Personal Information Protection
    5. Examine Your Statement
  4. ELECTRONIC BANKING DISCLOSURE
    1. a. Account Access
    2. b. Limitations on funds Transfer from Money Market Checking and/or Savings Accounts
    3. c. Disclosure of Information to Third Parties
    4. d. Documentation
    5. e. Pre-authorized Payments
    6. f. Account to Account Transfers
    7. g. Our Liability for Failure to Make Transfer
    8. h. Mega Bank’s Responsibility
    9. i. In Case of Errors or Questions about Your Electronic Transfers (Consumers/Personal Accounts Only)
    10. j. Liability for Unauthorized Use (Consumer/Personal Accounts Only)
  5. PROVISIONS APPLICABLE TO BUSINESSES
  6. OFFICE OF FOREIGN ASSET CONTROL
  7. FEES AND CHARGES
    1. Mega Bank – Online Banking
  8. OTHER GENERAL TERMS
    1. a. Other Agreements
    2. b. Severability
    3. c. Modifications to This Agreement
    4. d. Right to Terminate Agreement
    5. e. Inactive Status
    6. f. Governing Law
    7. g. Mega Bank Liability

INTRODUCTION

This Agreement is for accessing your Mega Bank accounts via Online Banking and is provided for your information. Please read it carefully as it pertains to your accounts and electronic services we offer.

For purposes of this Agreement, the following definitions apply. The terms “We”, “Us”, “Our”, and “Bank” refer to Bank; “You” and “Your” refers to both consumer and business account owners; Online Banking is the Internet-based service providing access to your account(s); Time of day references are to U.S. Pacific Standard Time; Business days are Monday through Friday, excluding holidays.

The first time you access your Mega Bank account(s) through Online Banking confirms your agreement to abide by the terms and conditions of this Agreement and acknowledges your receipt and understanding of this disclosure. We may change the terms of amend this Agreement from time to time without notice of as otherwise provided by law. Online Banking can be used to access certain Mega Bank account(s). Each of your account(s) is governed by the applicable account disclosure statement in your Deposit Account Disclosure Booklet, (prior receipt of which you acknowledge).

This Agreement will be governed by, and interpreted in accordance with federal law and regulation and to the extent that there is no applicable federal law or regulations, by the laws of the State of California. To the extent permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which the Bank is located.

HOW TO REACH US

Business Days

Our normal business days and hours are Monday through Thursday. 9:00AM to 5:00PM, and Friday until 6:00PM, excluding weekends and federal holidays.

Contact Us

You may contact us by telephoning (626) 382-1532 during normal business hours or e-mail to us at megabank@megabankusa.com. Coming into our branch or calling us is the best way to report any problems or to get questions answered. If you cannot call us or call in person, you can write to us at: Mega Bank, 245 West Valley Blvd., San Gabriel, CA 91776, and Attention: Operations Administration Department

E-Mail

sending e-mail through our Home Page is one way to communicate with us. We have provided e-mail links for you to ask questions or give comments regarding our Home Page or Online Banking. If you send an electronic mail message, the Bank will be deemed to have received it on the following business day. We will have a reasonable time to act on your e-mail.

E-mail is not a secured environment. Do not send account information or transaction information via e-mail. You should not send an electronic mail message if you need to communicate with the Bank immediately. We do not, and cannot warrant that e-mail messages transmitted to us will not be monitored by others.

KEEPING YOUR ACCOUNT CONFIDENTIAL

Password and Access ID Protection

The first account owner to log onto the Online Banking will use any one of his/her account number(s) as the Access ID. That account number will then become the permanent Access ID for that account owner. Subsequent owners logging onto the Online Banking system will use the same account number as the Access ID, but will be prompted to change the Access ID. Note: subsequent account holders log on using a different account number, this number will then become the permanent Access ID for that joint owner (he/she will not be prompted to change the Access ID).

For your protection, we recommend that you frequently change your personal password used to access Online Banking. (You can change your password under the Change Password button). You agree to hold your Password and Access ID is strict confidence and you will notify us immediately if your Password and/or Access ID is lost or stolen. As a precaution, it is recommended that you memorize your Password and Access ID and do not write either down. Passwords should be not easy to guess; for example, your children’s or pet’s names, birth dates, addresses or other easily recognized identifications related to you. We also recommend you do not have your browser remember your password.

Your further agree not to allow anyone to gain access to Online Banking or to let anyone know you Password used with the service. You agree to assume responsibility for all Online Banking transactions made using your access ID and password, whether those transactions are made by you, any person you authorize, permit or enable to have your access ID and password (even if the person exceeds your authority), or by any person who obtains through you, by whatever means your access ID and password. Mega Bank will not be responsible for any loss due to breach in the above security procedures.

Three Strikes and You Are Out

To guard against unauthorized use of your Access ID and Password, Online Banking disables the Password indefinitely on the third attempt until you call the Bank and request your Password to be reset.

This will also occur if you accidentally activate this security feature by unintentionally miskeying a Password three (3) times. You will need to call the Bank to re-establish the password for your account(s). You can reach us by calling (626) 282-3000 and ask for Operation Administration Department or email at megabank@megabankusa.com. You agree to hold harmless and indemnify the Bank form and against any and all claims of any nature arising out of any such access by a person you have authorized, permitted or enabled to have access to your account(s) with the Bank via Online Banking service.

Lost or Stolen Access ID or Password

If you believe your access ID or password has been lost or stolen, you must notify the Bank AT ONCE so that the Bank can take the necessary steps to change the access ID or password. The best way of minimizing your potential losses is to call (626) 382-1532 and ask for Operations Administration Department or email us at megabank@megabankusa.com to report the problem. If you do not report the compromise then you liable and responsible for all Online Banking service transactions made using your means of identification.

Personal Information Protection

In addition to protecting your Password, Access ID, and account information, you should also protect your personal identification information, such as your Driver’s license, Social Security Number, etc. This information, alone or together with information on your account, may allow unauthorized access to your account. It is your responsibility to protect your personal information with the same level of care that you protect your account information.

Examine Your Statement

You must promptly review your statement upon receipt. See “In Case of Errors or Questions about Your Electronic Transfers” for further information.

ELECTRONIC BANKING DISCLOSURE

Account Access

Online Banking is an Internet-enabled service provided to our customers. By using Online Banking with your personal Access ID and Password, you can:

Available services may be added or cancelled at any time. We will update this Agreement to notify you of the existence of new services. By using these services when they become available, you agree to be bound by the rules contained in this Agreement.
You can use Online Banking seven days a week, 24 hours a day. However, from time to time, some of all of Online Banking services may not be available due to system maintenance.

Limitations on Funds Transfers From Money Market Checking and/or Savings Accounts

Pursuant to federal regulations, you are limited to the number of certain transactions you can make on your Savings and/or Money Market Checking Accounts.

For Savings Accounts you may make no more than six (6) transfers to another account or to a third party by pre-authorized, online transfers, automatic transfers, telephone transfers, fax requests, voice response requests, and ACH (Automated Clearing House-electronic transactions) per month.

For Money Market Checking Accounts, you may make no more than six (6) transfers to another account or to a third party by pre-authorized, online transfers, automatic transfers, point of sale (POS), telephone transfers, fax requests, voice response requests, and ACH(Automated Clearing House-electronic transactions), of which only three (3) may be checks, per statement cycle.

Online transfers are transactions between accounts initiated through Online Banking. Telephone transfers are transfers between accounts initiated by a personal telephone call or by using our 24-Hour Telephone banking. Pre-authorized withdrawals are transfers made according to a specific agreement between a customer and us or another party. (Examples of pre-authorized withdrawals are regular electronic payments from savings made to a third party, such as health clubs, insurance companies, etc.) Check access refers to any checks you write on you Money Market account.

Disclosure of Information to Third Parties

We may disclose information about your account to account verification services, such as ChexSystems, Inc. if we close your account because of your unsatisfactory handling, fraud or attempted fraud or criminal activity. Information we report usually includes your name, address, Taxpayer identification Number (TIN), driver’s license number and the date and reason the account was closed. The account verification service may supply this information to others. This may adversely impact your ability to establish an account at another financial institution for up to five years from the date of our report.
Information concerning your account history with Mega Bank will be shared within Mega Bank organization. Other information, including information you have given us as part of an application for one of our products or services or information we have received from a credit bureau of other third party, also may be shared among affiliated companies within the organization, with bank regulators and agents.

Documentation

You will continue to receive your regular account statement monthly. If you have arranged to have direct deposits made to your account, you can review your account history using Online Banking or call one of our local branches during regular business hours to find out whether or not the deposit has been made.

Pre-authorized Payments

If you have told us in advance to make regular payments (pre-authorized payments) out of your account, you can stop any of these payments. Here’s how:
You may notify us verbally during regular business hours at one of our branch, or write us at Mega Bank, 245 West Valley Blvd, San Gabriel, CA 91776, and Attn: Operations Administration at least three (3) business days or more before the scheduled date of the transaction. If you make a verbal request, we may require you to notify us in writing within fourteen (14) days of the verbal notification. (See your Terms and Conditions for Electronic Funds Transfers and/or Schedule of Fees and Charges, prior receipt of which you acknowledge, for stop payment charge).

Account to Account Transfers

If you have established two or more deposit accounts with Mega Bank and use the online transfer feature provided as a convenience to you, it is believed to be in good faith by an authorized person.

A transfer made in a session that ends before 5:00 PM from any eligible account shall be made from collected funds and shall be available for withdrawal from the account into which the transfer is made as of the next banking day.

Our Liability for Failure to Make Transfer

Mega Bank agrees to make reasonable efforts to ensure full performance of Online Banking. The Bank will be responsible for acting only on those instructions sent through Online Banking, which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under our control, which may affect the accuracy or timeless of messages you send. The Bank is not responsible for any losses incurred should you give incorrect instructions, or if your transfer instructions are not given sufficiently in advance to allow for timely processing.

Any information you receive from Mega Bank or other information providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Mega Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decisions made using this information.

Neither Mega Bank nor other information providers are responsible for any computer virus or related problems, which may be attributable to services provided by our internet access provider.

You are responsible for obtaining, installing, maintaining, and operation all computer hardware and software necessary for performing Online Banking. Mega Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
Except as otherwise provided in the Mega Bank’s Responsibility section below, and in the absence of negligence on the part of Mega Bank, neither Mega Bank, any Other Information provider, nor any Other Software Supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of Online Banking.

Mega Bank’s Responsibility

Mega Bank will be responsible for your actual losses if they were directly caused by our failure to:

However, we will not be liable for your losses if:

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transaction that may not have been completed or to correct incorrect transactions that have been processed.

In Case of Errors or Questions about Your Transfers (Consumer/Personal Account Only)

In case of errors or questions about your electronic funds transactions, or if you think your statement or receipt is wrong or if you need more information about an EFT listed on your account statement of receipt, contact your local branch, or write to us at Mega Bank, 245 West Valley Blvd., San Gabriel, CA 91776, Attention: Operation Administration. We must hear from you no later than sixty (60) days after we have sent the FIRST statement on which the problem or error appeared. We will need you to provide to “Us” the following information.

If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will tell you the results of our investigation within ten (10) business days (twenty (20) business days if the account is still in its new account period after we hear from you) and will correct any error promptly. If we need more time, we may take up to forty-five (45) days or ninety (90) days if the account is still within its new account period, POS or a foreign transaction to investigate your complaint or question.

If we need more time to investigate, we will credit your account within ten (10) business days (twenty (20) business days if the account is still within its new account period) 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 within ten (10) business days, we may not credit your account.

Regardless of the outcome of our investigation, we will send you a written explanation of our findings within three (3) business days after we complete our investigation. That explanation will include a notice of the date and the amount of the item in question. If our investigation reveals that no error occurred and we debit the provisional credit, we will continue to honor any third party checks or pre-authorized transfers for a period of five (5) business days to the extent that they would have been paid if the provisional credit had not been debited.

We will send you a written explanation within three (3) business days following our decisions based on our investigation. You may request copies of the documents that we used in our investigation.

The Bank’s record of your Account will be binding if there is a difference between the Bank’s record and your assertion.

Liability for Unauthorized Use (Consumers/Personal Accounts Only)

If you believe that your Password and/or Access ID, has been lost, stolen or discovered by an unauthorized person and you notify us within two (2) business days of the loss or theft, you can lose no more than $50. If you do NOT notify us within two (2) business days after you learn of the loss or theft of your Access ID and/or Password, and we can prove that we could have prevented someone from accessing your accounts via one of the above without your permission, you could lose as much as $500. Also, if your statement reflects any EFT’s that you did not make or authorize, notify the Bank AT ONCE. Failure to notify the Bank within sixty (60) days after the statement was mailed to you may result in zero compensation for any losses you may sustain if the Bank can prove that we could have prevented someone from accessing your account(s) if you had notified us in time. If a good reason (such as a long trip or hospital stay) prevented you from notifying the Bank, we will extend the time periods.
If you authorize someone else to use your Password, Access ID, you are responsible for all transactions, which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorize.

PROVISIONS APPLICABLE TO BUSINESSES

You agree that we may send notices and other communications 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. Your further agree that Mega Bank 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.

You agree to:

THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSFER MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVD HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.

By using the Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions, which are commercially reasonable. You agree to be bound by your instructions, which we implement in compliance with these 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.)

If we fail or delay in making a transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, or liability shall be limited to interest on the amount which we failed to transfer, calculated from the date on which the transfer was to be received until the date it was actually made or you canceled the instructions.

If we make payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously transferred, plus interest thereon from the date of the transfer to the date of the refund, but in no event to exceed sixty (60) days’ interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculate based on the average of federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 350-day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS’ FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

OFFICE OF FOREIGN ASSET CONTROL

Under the Bank Secrecy Act, the Bank is prohibited from transaction business with persons or entities listed as “blocked” by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons or entities blocked by OFAC.

FEES AND CHARGES

Mega Bank – Online Banking

There are fees or charges for accessing your account through Online Banking. Other fees, as described in your Schedule of Fees (prior receipt of which you acknowledge), may apply to services you order online.

OTHER GENERAL TERMS

Other Agreements

In addition to this Agreement, you agree to be bound by and will comply with all terms and conditions applicable to each of your accounts with Mega Bank, as describe in you Deposit Account Disclosure Booklet (prior receipt of which you acknowledge). Your use of the Online Banking is your acknowledgment that you have received these agreements and intend to be bound by them.

Severability

In the event that any portion of this Agreement is held by a court to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.

Modification to This Agreement

Bank may change or modify the terms and conditions, including fees set forth in this Agreement at any time. You will be notified of any such change either by mail at the address shown on your account records or by an electronic message as required by applicable law. You understand that revised terms and conditions shall be effective at the earliest date allowed by applicable law and that you are agreeing to the change.

Right to Terminate Agreement

Mega Bank reserves the right to terminate this Agreement and your access to Online Banking in completely or in part, at any time. You may cancel this Agreement at any time by notifying the Bank by mail to Mega Bank, 245 West Valley Blvd., San Gabriel, CA 91766, Attn: Operation Administration.

Inactivity Status

If you do not access Online Banking during any consecutive forty-five (45) day period your password will convert to inactive status. If you password becomes inactive, you must contact us to have the password re-activated before you will be able to access Online Banking or schedule any transactions.

This Agreement will remain in effect until it is terminated by you or Mega Bank. You understand that you may cancel this Agreement at any time by notifying Mega Bank electronically or by mail at the address provided below. This will cancel Online Banking, but will not terminate your accounts with Mega Bank.

You may notify Mega Bank by one of the following methods:

Governing Law

This Agreement is governed by the laws of the State of California, bank regulations, and applicable federal laws.

Mega Bank Liability

Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software Mega Bank, or by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Explorer browser), or by Internet access providers or by online service providers or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special, or consequential economic or other damages arising in any way out of the installation, download, use or maintenance of the equipment, software, Online Banking, or Internet browser or access software.

We invite you to print a copy of this Online Banking Service Agreement and retain it for your records. You may also request a copy of this Agreement be mailed to you. To do so, email us at: to be megabank@megabankusa.com or call us at (626) 382-1538 during regular business hours.