Ogabank Online Banking
Terms of Use & Services
Last modified 17 September 2023
Introduction
This Agreement governs your use of the Ogabank Customer Portal (“BCP”) as defined below. Unless otherwise noted, each section below applies regardless of whether you use the BCP to access your Bank Account or Non-Bank Account.
These Terms of Use and services supplement, but do not supersede, the provisions of any applicable existing agreements between you and Ogabank, or any of its affiliates, direct and indirect subsidiaries and related companies (collectively or separately, as the context may require, "Ogabank" or "we"), all of which otherwise remain in effect. To the extent that you have a contractual relationship with a Ogabank entity and such relationship extends to any security, futures contract, options contract or other financial instrument or any other good, product or service available through or referenced on BCP (each a "Product" and collectively, "Products"), the communications made hereby with respect to such Products covered by such agreement are and shall be deemed made, as the context may require, by such entity. The terms of any Product is governed by applicable documents establishing such terms. In the event of any inconsistency between the information on BCP regarding a particular Product and the terms specified in, or determined pursuant to, the documents establishing the terms of issue or contract, the terms so specified or determined shall prevail.
Please read this Agreement before using the BCP. By using the BCP, you agree to the Ogabank Terms & Conditions of Use. If you don’t accept these terms, you may not use the BCP. This Agreement governs your use of any information, content, products, services, transactions, and other features available through the Ogabank Online Banking Web site and Apps and is part of the Terms and Conditions for https://ogabank.com/ on the web as well as on mobile applications. Please also visit the Ogabank - Privacy Policy page https://ogabank.com/policy/privacy-policy/117 for information about how Ogabank collects, uses, and discloses personal information in connection with the BCP.
If you use certain accounts, features, products or services in connection with the BCP, you may be subject to separate agreements governing such accounts, features, products, or services (collectively, “Additional Agreements”). This includes agreements or terms governing any checking, savings or other deposit accounts; loan, line of credit and credit card accounts; pre-qualification requests; any other accounts that you may access while using the Services; fee schedules; our electronic funds transfer agreement and disclosures; our Online Bill Payment Authorization and Agreement; and your signature card. The Additional Agreements are incorporated into this Agreement.
If the terms of this Agreement conflict with the terms in any Additional Agreement solely as they apply to online banking and online bill payment services, this Agreement controls. But the terms of this Agreement are not intended to modify any disclosures or other terms that are required by law and that are provided by Ogabank in an Additional Agreement.
This Agreement shall apply regardless of how the BCP are accessed. This includes but is not limited to access through the URL addresses https://www.ogabank.com, the Ogabank mobile app, or electronic mail or links from another website via a computer, mobile device, or any other means.
Definitions
Unless otherwise stated, the following definitions apply throughout this Agreement:
“Ogabank”, “we”, “us” or “our” collectively, Ogabank, its subsidiaries, and affiliates (including, without limitation, all their respective successors, assigns, agents, and/or authorized representatives). However, for a specific account accessible through the Online Banking Site, “Ogabank”, “we”, “us” or “our” means the particular entity in the Ogabank family that offers such account. Please consult your account agreement(s) for information about the Ogabank company servicing your individual account(s).
“You” or “your” means each Authorized Person (as defined below) with an interest in a Ogabank account accessible through the BCP; the Business and the Business Signer; each person who signed the application or other binding documentation for the account with Ogabank (a joint accountholder); or any person authorized to use the account in any way (an “Authorized User”). Whenever “you” is more than one person with respect to any such account or relationship (e.g. primary and coborrower for an Auto Loan Account, Student Loan or more), the obligations and agreements applicable to you under this Agreement shall be deemed to be joint and several wherever appropriate.
“Account” and “accounts” mean the checking, savings or other deposit accounts, loan accounts and other accounts that are tied to your National Identification Number, Social Security number, Tax Identification Number (including EIN) or other unique identifier provided to you by Ogabank (your “Customer Number”) and that are used through the BCP, and any other account that you may add to your online banking profile (as further set forth below).
“Authorized Person” means, an individual account, each person who has an interest in or the authority to transact business using such account. For an entity account, it means each person listed as an authorized signor on the signature card for such account or otherwise authorized to transact any business using such account.
“Bank Accounts” refers to any account for which you are an account holder deposit accounts, personal loan or line of credit. These accounts will be automatically linked to your Online Banking profile.
“Biller” is the person or entity from whom you wish to receive a bill payment. This also includes the person or entity from whom you receive electronic bills.
“Billing Account” is the checking account from which all Service fees will be automatically charged.
“Business” means the corporation, company, partnership, association, or any other business that employs an Authorized User (or with which an Authorized User is otherwise associated) and which has arranged for the issue of the Payment to an Authorized User.
“Business Day” is every Monday through Friday, excluding national holidays.
“Ogabank Site” means any website owned or operated by a member of the Ogabank family of companies that contains information about available products and services and/or terms and conditions relating to any accounts, account information and/or transactions that you may view, perform, modify or otherwise access or use while using the BCP. Ogabank Sites include, without limitation, the Online Banking Site and apps.
“Computer” means your computer, computer system, mobile device, or any other method used to access a Ogabank Site and all related equipment and software.
“Due Date” is the date on which payment to a Biller is due as reflected on the billing statement that you receive from that Biller. It is not the late payment date or the date beginning a grace period or any date during a grace period.
“External Transfers” means monetary transfers between your accounts held at Ogabank and an account in an external financial institution.
“Funds Transfers” means all Internal Transfers and External Transfers.
“Internal Transfers” means monetary transfers between your accounts held at Ogabank.
“Non-Bank Accounts” means any account that you are the primary account holder for, including but not limited to Ogabank: credit card accounts; auto loan accounts; school loan accounts; investment accounts; or mortgages. These accounts may be automatically linked to your Online Banking profile, and in some cases you may not have access to the full suite of Services available through the Ogabank mobile app for these accounts.
“Online Banking” or “Online Banking Site” refers to the online platform(s) that allows you to perform the Services, including the Ogabank mobile app.
“Online Bill Pay” refers to the services we provide through our online bill payment service.
“Online Bill Payment Account” is the Ogabank deposit account from which payments are made through Online Bill Pay.
“Payment Account” or “Eligible Transaction Account” means any transaction account that is eligible for the BCP and that is designated by you for the following purposes: making payments through the bill payment features of the Services, for automatic debiting of any service fees, and to which any payments and credits to you will be credited. For further information, please contact your Account Officer or Online Banking Customer Service.
“Payment Instruction” is the information you provide for a payment to be made to a Biller through the Online Bill Pay Service. This includes Biller name, Biller account number, and Scheduled Payment Date.
“Personal Account” means any asset account established by a natural person primarily for personal, family, or household purposes.
“Scheduled Payment Date” is the day you want your Biller to receive your bill payment. If the Scheduled Payment Date falls on a non-Business Day, the Scheduled Payment Date will shift to the previous Business Day.
“Scheduled Payment” is a payment that has been scheduled through the BCP but has not been processed.
“Service Provider” means companies (and their affiliates) that we have engaged to render some or all of the Services to you on our behalf.
Description of Services
The “Services” refers to all information, materials, content, communications, features, products, services, methods of conducting transactions and transactions available, offered, made, obtained or otherwise provided or used through the Ogabank Online Banking Site and Apps. This may include, but not limited to, the ability to
· Create, enter, and change credentials to access and manage your account(s) through the Online Banking Site and apps,
· Transfer funds between certain accounts,
· Make bill payments through Online Bill Pay and schedule other payments to certain account,
· Obtain account balance and other account information for various Ogabank accounts that you have (including checking, savings or other deposit accounts, loan accounts, credit card accounts),
· Obtain transaction information on your accounts,
· Download account transactions to your computer,
· Update your contact information including your address,
· View online statements and tax forms,
· View online check images,
· Order statement copies,
· Order or re-order checks copies for checking accounts.
These features are subject to this Agreement and any Additional Agreements that apply. The BCP also include any portion of the Online Banking Site and any software used to operate the BCP. Subject to this Agreement, you may use the BCP seven days a week, twenty-four hours a day, except for any scheduled or unscheduled interruptions in the Services for maintenance, security or any other reasons, as described below.
Some features, information, types of transactions or other parts of the BCP may not be available for all of your Ogabank accounts or when accessing the BCP via mobile device. For some of your accounts, you may be able to connect from the Online Banking Site to another Ogabank Site relating to such accounts where you may be able to access features, information, transactions or other services pertaining to those accounts that you cannot access directly on the Online Banking Site.
Ogabank works hard to offer you products and services that are useful and reliable. But Ogabank does not provide, endorse, or guarantee any third-party product, service, information, or recommendation through the Online Banking Site. The third parties products and services provided through the Online Banking Site are not affiliated with Ogabank. They are solely responsible for their products, services, information, recommendations, and all other content on their Web sites. Educational tools, calculators, guides, and other content available on this site may be provided by third parties. They are provided for informational purposes only, and are not intended to provide legal, investment, or financial advice. They do not indicate the availability or suitability of any Ogabank product or service. For specific advice about your situation, you may want to ask a qualified professional. Ogabank is not liable for any third party’s failure about such products, services, and benefits. These products and services are NOT BANK GUARANTEED. We encourage you to check offers, products, and services to become familiar with any restrictions or conditions.
By responding to third party offers, you may be communicating information about yourself to the company that provides such product or services. Please be aware that these third parties may have a different privacy policy than Ogabank’s. Their sites may also provide less security than Ogabank.
Security, Confidentiality of Access Information
The use of the BCP requires a computer or approved mobile device and Internet access connected through an Internet or mobile service provider with a Web browser.
To protect the confidentiality and security of your financial information, you must connect to the Online Banking Site using an Internet browser that supports TLS 1.2 or higher. Use of the Services with lower than TLS 1.2 is strictly prohibited. To the extent you can access the BCP using lower than TLS 1.2, we specifically disclaim any and all responsibility for losses resulting from your use of such lower encryption. We may change these requirements from time to time.
You agree to keep your Customer Number, username, password, and any other security or access information confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the BCP. We recommend that you memorize your Access Information or credentials and do not write it down. You agree not to give or make available your credentials to any unauthorized individual.
If you believe the security of your password or any other Access Information has been compromised in any way you must notify us immediately or reset your password and maintain 2FA (2 Factor Authentication). This includes when your password has been lost or stolen; someone has attempted to use the BCP under your Account Number without your consent; your account has been accessed without your authorization or knowledge, or someone has transferred money from your account without your permission. (See “Your Responsibilities And Liabilities” section below.)
We reserve the right to deny you access to any accounts or to the BCP, or to deny the processing of transactions, to maintain or restore security or performance of the Online Banking Site or any other Ogabank Sites and systems. We may do so if we reasonably believe in our sole discretion that your Access Information has been or may be obtained (or is being used or may be used) by an unauthorized person. We may try to notify you in advance but cannot guarantee we will do so successfully.
Access to and use of the Online Banking Site is subject to applicable national, state and local laws and regulations. Unauthorized use of the Online Banking Site is prohibited. Violators may be prosecuted under applicable laws.
Enrollment in Services; Accounts Which Can Be Accessed
Your Online Account profile may automatically link and display summary information about your linked credit card, auto loan, installment loan, or other accounts. To get any other information or conduct any activity on these account types, you must go to the specific page or site for each account.
If you have a linked account or other account that requires two or more signatures to make withdrawals, transfers or transactions, you will not be able to perform certain transactions on such an account using the Services. Non-linked Account(s) might not be accessible through the BCP.
If you share your access credentials with a third party, even if you share an account with them, they will have access to view all of your linked accounts including your individual accounts. As long as you don’t share your log in credentials, people with whom you share accounts will only be able to view accounts that are shared with you, not your individual accounts.
WHEN USING THE SERVICES TO ACCESS YOUR BANK ACCOUNT
Conditions for Enrollment
To enroll in Online Banking for an account, you must have opened at least one of the following accounts under your Customer Number: a checking, savings, or other deposit account, or an installment loan, line of credit or other loan account, offered by Ogabank. The use of Online Bill Pay requires at least one eligible account with Ogabank. If you have more than one eligible account, we may “link” your eligible accounts together for purposes of the Services. All such accounts will appear in your online banking profile on the Online Banking Site. Any accounts for which you are an Authorized Person (including joint accounts for which you are one of multiple Authorized Persons) will appear in your online banking profile.
WHEN USING THE SERVICES TO ACCESS YOUR CREDIT CARD ACCOUNT
Conditions for Enrollment
To enroll in Online Banking for your credit card account, you must be the primary account holder on at least one eligible account that is not restricted for fraud or national security reasons. If you have requested that your account be closed while maintaining a balance, having your account in collections, suspected of fraud, or otherwise in a restricted status, you may still have access to Online Banking. But you may not be able to perform certain functions on your account such as request a balance transfer.
By enrolling in Online Banking, you certify that you (a) are 18 or older; (b) Nigerian resident of Nigeria or in the diaspora; (c) are legally capable of entering into contracts; and (d) have and will only register Payment Account(s) in your name or the name of a business on which you are an account holder or Authorized User. You agree that Ogabank may at any time verify any registration information you provide.
If enrolling to use Online Banking for a Business, you also represent and warrant that (a) you have authority to enter into this Agreement on behalf of the Business and yourself; (b) you have authority to provide all required or requested authorizations to us on behalf of both yourself and the Business; and (c) you will use the Payment Account(s) consistent with your obligations to and agreements with the Business.
Linking Your Ogabank Credit Card Account(s) and Certain Other Accounts
Once enrolled, you will need to choose the accounts you would like to have Online Banking access to from the list of eligible accounts we provide.
Ogabank credit cards with different usernames may not be linked. You can consolidate accounts serviced with different usernames to a single one. If you choose to do so, pending payments and the payment account you have set up will be moved to the new username; however, secured message inboxes from the old username(s) will not move. Non-linked account(s) will not be accessible through Online Banking.
To get any information or conduct any activity on any other accounts you may have with Ogabank such as deposits or loans, you must access the Online Banking Site.
WHEN USING THE SERVICES TO ACCESS YOUR AUTO LOAN ACCOUNT
Conditions for Enrollment
To enroll in Online Banking for your Auto Loan account, you must be an account holder of at least one Ogabank Auto Loan that is not restricted for fraud or national security reasons. If your account is in collections, suspected of fraud, or is otherwise in restricted status, you may still have access to Online Banking. But you may not be able to perform certain functions on your account.
If you have more than one eligible account, we may “link” your eligible accounts together for purposes of the Services. All such accounts will appear in your online banking profile on the Online Banking Site. Any accounts for which you are an Authorized Person (including joint accounts for which you are one of multiple Authorized Persons) will appear in your online banking profile.
INELIGIBLE ACCOUNTS
We reserve the right to revoke your access to the Services for an account if it now or later enters into any of the following statuses or conditions:
Active bankruptcy,
Requiring special handling,
Paid in full,
You are deceased,
Settled in full; or
Not serviced by Ogabank.
Authority You Grant Ogabank and its Service Providers
We have engaged Service Providers to provide some or all of the Services to you on our behalf. However, we are the only one liable for any payments or transfers conducted using the BCP, and we are solely responsible to you and any third party for the regulatory responsibility that extends with the BCP. You agree that we have the right to delegate to Service Providers some or all of our rights and obligations under this Agreement. The Service Providers will be third-party beneficiaries of this Agreement. They are entitled to all the rights and protections that this Agreement provides to us. By enrolling in Online Banking, you authorize Ogabank and its Service Providers to process transactions and instructions, including automatic recurring payments, in such a manner as you direct.
Email, Text Messaging, Phone and Other Communications
You agree that all electronic communications that we receive on the Online Banking Site or otherwise in connection with the Services such as those directing us to take an action with respect to your account, will be deemed valid, authentic, and binding obligations. These communications will be given the same legal effect as your written and signed paper communications and shall be considered a “writing” or “in writing.” They also shall be deemed to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business.
You agree that electronic copies of communications are valid. You will not contest the validity or enforceability of such communications or any related transactions under the provisions of any applicable law (absent proof of altered data or tampering). This includes laws requiring certain agreements be in writing or signed by the party to be bound. Electronic copies of communications shall be admissible as evidence in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in paper form.
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Ogabank and our respective owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by or arising out of any Services rendered by Ogabank pursuant to or in accordance with any electronic communications.
You agree to receive all transactional email communications from Ogabank that are related to your use of the BCP or to your account(s). This includes automatic security alerts further discussed below. You consent to any inadvertent disclosures that may occur as a result of us sending communications to your email address.
Email is not a secure method of communication. So we recommend that you do NOT use email to send confidential or personal information or initiate transactions on your accounts. We also recommend that you not send confidential or personal information in text messages. We will not respond to or act upon text messages received from you, unless in connection with a specific program or instructions provided to you. We recommend that for account transactions or confidential questions you use the appropriate functions available through Online Banking or contact us as specified on our Contact Us page.
Security Alerts and Optional Communications (including Text Messages)
Online Banking offers both security alerts and optional alerts and communications about certain accounts and account transactions. Security alerts are provided to you for fraud protection and when certain important changes to your