CWB Canadian Western Bank

CWBdirect Services – Terms and Conditions

In exchange for Canadian Western Bank (the “Bank”) permitting the undersigned (the “Customer”) to use the CWBdirect® Services (as defined below), the Customer agrees as follows:


1. Definitions

“Access Terminal” means any device used to access any of the Customer Accounts, including without limitation an ATM, a computer, a portable hand- held device, or a telephone including any form of mobile telephone or Mobile Device.

“Account Agreement” means the agreement entered into between the Customer and the Bank which governs the operation of the Account;

“ATM” means an automated teller machine.

“CWBdirect® Services” means both the Transaction Services and the Viewing Services available through the use of the PAC in combination with the Website and Equipment currently known as CWBdirect®;

“Bank” means the Canadian Western Bank, its affiliates, and its agents or any one of them as the context may require;

“Deposit AnywhereTM Service” means the remote deposit capture service provided by the Bank and Central 1, and accessed through CWBdirect® Services, that allows the Customer, using Equipment and any other means authorized by the Bank in its sole discretion from time to time, to create, transmit, and receive an Official Image for deposit to the Account.

“Eligible Cheque Instrument” means a bill that is of a class specified by a by-law, a Rule, or a standard made under the Canadian Payments Act, and defined therein as an ‘eligible bill’. For greater certainty, under this Agreement, an Eligible Cheque Instrument supporting an Official Image, must be a paper-based Instrument, complete and regular on its face, immediately payable to the Customer as payee, and be either a cheque, bank draft, or credit union official cheque, denominated in Canadian Dollars or US Dollars and drawn on a financial institution domiciled in Canada, as and if applicable. For the purposes of this Agreement, third party Instruments that were either delivered to the Customer with the payee in blank or endorsed over to the Customer and post-dated Instruments shall not qualify as Eligible Cheque Instruments. Further, any Instrument that has been in any way transferred to the Customer from anyone other than the drawer, endorsed over to the Customer, or altered after being drawn shall not qualify as an Eligible Cheque Instrument.

“Equipment” means your personal computer equipment or other device which when used in combination with the Website and the PAC permit access to the CWBdirect® Services;

“E-Transfer” means the electronic transfer of funds to a designated recipient using the process provided through CWBdirect® Services;

“Instrument” means a cheque, promissory note, bill of exchange, order for payment, securities, cash, coupon, note, clearing item, credit card slip for processing, other negotiable instrument, or item of deposit or withdrawal of a similar nature and its electronic equivalent, including electronic debit instructions.

“Mobile Device” means a mobile device such as and including a computer, a portable hand-held device, or a telephone including any form of mobile telephone that is capable of being used in connection with the Account.

“Official Image” means an electronic image of an Eligible Cheque Instrument, either created in accordance with the provisions of this Agreement or that otherwise complies with the requirements to permit negotiation and clearing of that Eligible Cheque Instrument in accordance with the by-laws, standards, and Rules of Payments Canada.

“PAC” means the personal access code selected by the Customer for the Customer’s use, which, when used with the Website and Equipment, permits access to the CWBdirect® Services;

“Rules” means the published rules and standards of Payments Canada as amended from time to time.

“Signing Authority” means any person authorized to sign on an Account;

“Transaction Services” means the Viewing Services and any transaction performed on the Account under this Agreement including without limitation transferring funds within the Accounts, placing and releasing of stop payment on cheques drawn on the Accounts and making payments on accounts to third parties and the “Transaction” means any transaction conducted using the Transaction Services;

“Viewing Services” means reviewing records of the Account only and does not mean any of the other Transaction Services; and

“Website” means the designated website of the Bank used to access the CWBdirect® Services.

2. Use of CWBdirect Services

The Customer may use the CWBdirect® Services to access Viewing Services for the Account and to conduct any permitted Transaction with respect to any such Account, based upon the option you have selected. The Customer agrees to follow the instructions of the Bank in the effect from time to time with respect to the use of the CWBdirect Services.


When a PAC is used to access the CWBdirect® Services, the authorization given at that time will be treated as if it was given by the Customer in person, and the Customer agrees to be bound by each such authorization and in the case of Transaction Services, by each Transaction. The Customer irrevocably authorizes and directs the Bank to debit or credit, as the case may be, the amount of any Transaction to the Account or Accounts designated by the Customer at the time of the Transaction, in accordance with the Bank’s normal practices. The Bank’s practices respecting the debiting or crediting of any Transaction under any of the CWBdirect® Services may be revised from time to time with or without notice to the Customer.

The Customer agrees not to conduct or try to conduct any Transaction that would result in a negative balance in the Account or would exceed the unused balance of any authorized overdraft or line of credit, if available. The Customer will indemnify the Bank for all liability or loss arising out of any such Transaction.

3. Limitations

The Customer acknowledges that although the Bank uses security safeguards to protect against loss, theft unauthorized access, because of the nature of data transmission over the internet security is not guaranteed information is transmitted at the risk of the Customer.

The Customer acknowledges that the availability of the CWBdirect® Services depends on telecommunication lines, computer hardware and software, and other equipment belonging to the Bank and third parties. The Customer agrees the Bank will not be liable for any loss, damage (direct, indirect or consequential), delay or inconvenience whatsoever caused by, or arising from, the provision of, or failure to provide, services or the malfunction or failure to operate any software or equipment for any reason whatsoever. In no event will the Bank be liable for any personal injury, or property damage or any loss of business or profit or other indirect or consequential damages whatsoever.

4. Confidentiality of PAC

The PAC is for the Customer’s use along and may not be assigned or transferred. The Customer agrees to keep the PAC confidential and not to disclose it to any person. The Customer agrees not to record the PAC in any manner or on any media, whether in writing or otherwise, including without limitation in electronic form, or by voicemail or e-mail. For any medium whether in writing or otherwise, including without limitation in electronic form, or by voicemail or e-mail. For security reasons, the Bank recommends that each Customer change the Customer’s PAC on a regular basis, such as every ninety (90) to one hundred and twenty (120) days or if the PAC becomes known to an individual other than a Signing Authority on the account.

5. Transaction Verification and Records

All Transactions are subject to verification and acceptance by the Bank, and if not accepted will be reversed from the Account. Verification may take place on a date later than the date you authorized the Transaction, which may affect the Transaction date.

The Bank’s records of each Transaction, and the Bank’s account records, will be deemed to be correct, and will be conclusive and binding upon the Customer. Any record of a Transaction generate by the Bank will be for the Customer’s convenience only. If the Customer believes that the Bank’s records contain an error or omission, the Customer must give written notice of the suspected error or omission to the Bank within the time provided in the Account Agreement between the Customer and Bank for the relevant Account or Accounts.

If the Bank makes an error or omission in recording any Transaction, the Bank will only be liable for the amount of the error or omission if the Customer has given written notice to the Bank within the time provided in the Account Agreement. If the Customer has given such notice, the Bank’s liability is limited to the amount of the error or omission, plus any applicable Service Charges that may have been charged to the Customer by the Bank. Specifically, the Customer agrees that the Bank will not be liable for any other loss, or any loss of business or profit or any other damage (direct or indirect or consequential) or delay or inconvenience whatsoever caused by or arising from any such error or omission.

6. Transaction Processing

Except for a Transaction which is authorized to take effect on a future date (which can be revoked or countermanded prior to such date), once the PAC is used by the Customer to conduct a Transaction by accessing the CWBdirect Services, the Customer may not revoke or stop any such Transaction once the Transaction request had been processed. When the Customer uses the Transaction Services to make bill payments from the Account, transfer funds to another customer’s account or otherwise transfer funds out of the Account, the Customer is responsible for ensuring the accuracy of any billing account number, customer account numbers or other recipient account numbers to which you intend to transfer funds. The Bank will not be liable for any loss or damage as a result of funds being transferred to the wrong recipient resulting from the Customer providing the wrong account number. The Bank will not be responsible or obligated to retrieve or return such funds to the Customer. The Bank reserves the right to apply daily limits and transaction limits.

The Customer acknowledges and agrees that bill payments made through the CWBdirect Services are not processed immediately and that is the responsibility of the Customer to ensure that bill payments are initiated in sufficient time for the payment to be received by the bill payment recipient before its due date. The Bank will not be liable for any cost, expense, loss, damage or inconvenience of any nature or kind whatsoever arising as a result of a delay in the processing of bill payments.

Note: Payments made in the same amount on the same day to the same vendor will cause one of the payments to reject.

7. E-Transfers

E-Transfers are only available in Canadian dollars. The Account will be debited as soon as you initiate an E-Transfer and the Bank may hold the E-Transfer amount until the recipient successfully claims the E-Transfer or the E-Transfer is cancelled. The Bank has no obligation to pay and will not pay interest on an E-Transfer amount for any reason. To the extent permitted at law, the Bank is deemed to have a security interest in an E-Transfer amount from the time the Account is debited until the recipient successfully claims the E-Transfer or the E-Transfer is cancelled. E-Transfers sent and received through CWBdirect are subject to number and dollar limits that may change from time to time without prior notice to you;

An E-Transfer notice advising the recipient of the E-Transfer will be generated approximately 30 minutes after you originate the E-Transfer. If you are the sender, you agree to keep the E-Transfer answer that you share with the recipient (the “E-Transfer Answer”) confidential and agree that you will not disclose it or share it with anyone but the intended recipient. The recipient must correctly provide the E-Transfer Answer to claim or decline the E-Transfer, The Bank, the receiving financial institution, their clearing organizations and service providers are entitled to pay an E-Transfer amount to anyone who, using the E-Transfer process, claims to be the recipient and successfully provides the E-Transfer Answer. The Bank will not be liable for losses or damages incurred as are result or a person other than the intended recipient guessing or obtaining the E-Transfer Answer. If you are the sender of an E-Transfer, you agree not to include the E-Transfer Answer in the transfer details. If you are the recipient of an E-Transfer, you agree not to disclose the E-Transfer Answer except as required to claim or decline the E-Transfer.

The recipient may claim an E-Transfer using the online banking services of the recipient’s financial institution. If the recipient declines an E-Transfer that you initiated, the E-Transfer will be returned to you. While funds are expected to arrive in the recipient’s account within 3 to 5 business days from the day the recipient successfully claims an E-Transfer, account information, the Bank’s clearing organization or its agent may request correct account information from the recipient or may initiate another claim process.

If you are the sender, an E-Transfer will be returned to you:

i. if the recipient does not claim the E-Transfer within 30 days of the date the E-Transfer is initiated;

ii. if the E-Transfer cannot be successfully sent to the recipient’s electronic address as provided by you; or

iii. if the recipient declines the E-Transfer.

You are responsible for providing the recipient’s correct electronic contact information and as a condition of using the Bank’s E-Transfer service, agree that the recipient has consented to your collection, use and disclosure of the recipient’s electronic contact information for E-Transfers, including without limitation, to its disclosure to the Bank, the recipient’s financial institution, the Bank’s clearing organization and their service providers.

The Bank may cancel an E-Transfer if it has reason to believe that a mistake has occurred or if it believes that the E-Transfer is a product of unlawful or fraudulent activity. If you are the sender, you may cancel an E-Transfer up to the time the recipient successfully claims it. If you are the recipient of an E-Transfer, you acknowledge that an E-Transfer may be cancelled up to the time you successfully claim the E-Transfer.

The Bank may cancel, suspend or refuse to provide an E-Transfer for you or the E-Transfer service at any time in its discretion. The Bank will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of a delay in processing an E-Transfer or for an E-Transfer claimed by someone other than the intended recipient. The Bank will not be responsible or liable for any losses or damages incurred as a result of funds held and/or limits set by the Bank, its clearing organization or any service provider. All disputes regarding E-Transfers will be handled directly between the sender and the recipient.

8. Remote Deposits

Deposit AnywhereTM Service – If the Bank, through CWBdirect® Services, makes the Deposit AnywhereTM Service available and the Customer uses the Deposit AnywhereTM Service, the Customer acknowledges and agrees that:

  1. solely for the Deposit AnywhereTM Service, the Bank appoints the Customer as its agent, to act on behalf of the Bank in the creation and transmission of an Official Image to the Bank, and any other related duties that may be required by the Bank, all in accordance with the Rules and applicable legislation governing Instruments. In this context, transmission to and receipt by the Bank of the Official Image will have the same effect as if the Instrument was delivered to a branch of the Bank for negotiation and clearing. The Customer acknowledges and agrees that this role as agent cannot be further delegated by the Customer. Further, the Customer acknowledges and agrees that the Customer shall be personally responsible and liable for:
    1. compliance with this Agreement,
    2. maintaining adequate security over any Access Terminal used, the location of use of the Access Terminal, and any passwords so as to prevent use by others or interception of data transmitted,
    3. ensuring that all Official Images created and transmitted are of good quality and fully and accurately capture all material details of the Eligible Cheque Instrument,
    4. maintaining adequate safeguards and procedures for the preservation of originals of all Eligible Cheque Instrument transmitted as Official Images, and
    5. verifying that deposits expected to be made to the Account reconcile with dates and amounts applicable to transmissions made using the Deposit AnywhereTM Service and for providing immediate notice to the Bank of any errors, omissions, irregularities, or concerns about suspicions of fraudulent Instruments or compromise of the security applicable to the use of the Deposit AnywhereTM Service;

b)     The Bank may, upon receipt of what reasonably appears to qualify as an Official Image, treat such as an Official Image and, as if it were an original of an Instrument received at a branch of the Bank, subject to the Account Agreement and any of the Bank’s policies governing Instruments;

c)     the creation of an Official Image will be done using a method authorized by the Bank, in its sole discretion, from time to time. Further, the Customer agrees to take all proper and necessary precautions to prevent any other person from purporting to create or transmit an Official Image to the credit of the Customer’s Account;

d)     nothing in this Agreement obliges the Bank to accept for deposit any item whether it is or purports to be an Official Image. The Customer shall not purport to create or transmit an Official Image of any item that does not qualify as an Eligible Cheque Instrument or any item that is post-dated, stale-dated, received by the Customer from anyone other than the drawer of that item, or that is in any way altered. If the Customer has any suspicions or concerns about the authenticity, validity, negotiability, or chain of title to any item purporting to be an Eligible Cheque Instrument, then the Customer shall not seek to use the Deposit AnywhereTM Service for negotiation or collection of that item, but will instead bring the original of that item to the counter of the branch of Account, identify the specific concerns to the Bank, and fully disclose all material facts known by the Customer relating to that item and fully cooperate with any inquiry or investigation of the concerns;

e)     under the Deposit AnywhereTM Service, Eligible Cheque Instruments are restricted to those Instruments in Canadian dollars or United States dollars, drawn on a financial institution domiciled in Canada or the United States, as and if applicable, in the Bank’s sole discretion, from time to time. The Customer shall not seek to use the Deposit AnywhereTM Service to deposit any Instrument into an Account different than the currency denominated on the Instrument. Canadian dollar Instruments shall only be deposited to a Canadian dollar Account. United States dollar Instruments shall only be deposited to a United States dollar Account. If the Customer uses the Deposit AnywhereTM Service with an Instrument that does not qualify for this Service, the Bank, at its discretion, may refuse to negotiate that Instrument or seek to collect on the Instrument on the Customer’s behalf, as though it was a qualifying Instrument but without any liability on the Bank’s part for any delay, inability to collect or any issue arising that inhibits or prevents the Bank from collecting funds on the Instrument;

f)     Official Images received through the Deposit AnywhereTM Service are subject to number and dollar limits that may change from time to time without prior notice to the Customer;

g)     any Transaction made on any day or at any time during which the Bank is not open for business, may be credited to the Account on the Bank’s next business day;

h)     once an Official Image of an Eligible Cheque Instrument has been transmitted to the Bank through the Deposit AnywhereTM Service, no further Official Images of that Eligible Cheque Instrument will be created or transmitted through the Deposit AnywhereTM Service (or any other similar service) unless the Customer is requested to do so by the Bank in writing. Further, the Customer agrees to make no further use of the original of an imaged Eligible Cheque Instrument, and shall safely retain possession of the original of the Eligible Cheque Instrument without further negotiation, transfer, or delivery to any other person or holder. In addition to all obligations and responsibilities either set forth in this Agreement or elsewhere, the Customer agrees to indemnify and hold the Bank and its service providers and Central 1 and all of their connected parties, including, without limitation, their respective agents, directors, officers, employees, affiliates, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs, including, without limitation, reasonable legal fees and expenses incurred by the Indemnified Parties in connection with any claim or demand arising out of or connected to the Customer’s use of the Deposit AnywhereTM Service or duplicate negotiation of items that were at any time presented as Official Images of Eligible Cheque Instruments. The Customer must assist and cooperate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand. The disclaimers, liability exclusions, liability limitations, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement and apply to the extent permitted by law. Without limiting the foregoing, the Customer will indemnify and save the Indemnified Parties harmless from and against all liability, costs, loss, expenses, and damages, including direct, indirect, and consequential incurred by the Indemnified Parties as a result of any breach of this Agreement, or any claims arising from or relating to misuse of Official Images or items purporting to be Official Images, or negotiation of Eligible Cheque Instruments where an Official Image has also been transmitted for collection;

i)      on transmission of an Official Image of an Eligible Cheque Instrument to the Bank, the Customer is responsible for immediately marking the face of the Eligible Cheque Instrument with a blatant notation or mark that prevents renegotiation of the Eligible Cheque Instrument and indicates that the Eligible Cheque Instrument has been imaged and transmitted, taking care not to obliterate any material particulars of that Eligible Cheque Instrument. (For example: This can be done by writing “void” or “paid” or placing a diagonal stroke across the face of the item with a pen, or brightly colored highlighter.) For a period of 120 days after transmission of the Official Image to the Bank, or such shorter period as stipulated by the Bank in writing, the Customer shall retain and produce to the Bank on written request the original of all imaged Eligible Cheque Instruments. If the Customer receives a written request to retain or produce, the Customer will comply with the written request, and shall, if requested, produce, by delivering to the Bank, the original of all specified Eligible Cheque Instruments within 5 business days of such request. If the Customer fails to comply with the written request made pursuant to this provision, then the Bank can place or continue a hold on or reverse any credit made to the Account in relation to those specified Eligible Cheque Instruments, even if such creates an overdraft on the Account. If no written request is received within that time, then 120 calendar days after an Official Image has been transmitted to the Bank through the Deposit AnywhereTM Service or such shorter period as stipulated by the Bank in writing, and provided that the Customer has verified a credit to the Account that reconciles to the Official Image transmitted, the Customer agrees to immediately proceed with destruction of the original of the Eligible Cheque Instrument. Destruction methods include shredding, pulping, burning, or any other means that ensures that the original Instrument cannot be reused;

j)      the Customer is responsible for any and all costs associated with obtaining a replacement Instrument in the event that the Bank requests that the Customer re- transmit an Official Image in accordance with h) above, and the original Instrument was destroyed in accordance with i) above or otherwise lost;

k)     In the Bank’s sole discretion, electronic notices for purposes related to the Deposit AnywhereTM Service may be generated and sent to the Customer after the Customer uses the Deposit AnywhereTM Service to transmit an Official Image, including to advise the Customer of the receipt by the Bank of an Official Image;

l)      an electronic notice, if any, sent in connection with the Deposit AnywhereTM Service is for information purposes only and is no guarantee that the Official Image will be accepted by the Bank or that the Account will be credited; and

m)   The Bank will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of use of the Deposit AnywhereTM Service, including, but not limited to, a delay in processing a Transaction or if the Bank requires the Customer to obtain another Instrument.

8. Service Fees

The customer agrees to pay to the Bank the Bank’s service fees, as amended by the Bank from time to time, for use of the CWBdirect® Services and/or conducting a Transaction. The Customer authorizes the Bank to deduct any applicable service fees from any Account.

9. Stop Payments and Releases

A stop payment is an instruction by the Customer to the Bank to refuse payment if that cheque is presented to the Bank for payment. A release of stop payment negates a stop payment. The Customer acknowledges that the Bank cannot stop payment of a cheque which has cleared the Customer’s Account or has been negotiated at a CWB branch and a cheque can only be stopped if all information required by the on-screen prompts is provided including

The number of the Account on which the cheque is drawn, and the serial number, date and amount of that cheque. The Bank may accept the Customers instruction to stop payment on a cheque without determining whether the cheque has been honoured on presentment. The Customer agrees that the Bank is not liable for any cost, expense, loss, damage or inconvenience of any nature or kind whatsoever arising from the Bank complying or failing to comply with a stop payment or a release of a stop payment. NOTE: The stop payment instructions will not be processed if there is not sufficient funds in the account for the stop payment service charge.

10. Customer's Liability

The Customer is responsible for all Transactions carried out through the use or misuse of the PAC. All Transactions will have the same effect as if signed in accordance with any Operation of Account Agreement or other agreements in place between the customer and the Bank in relation to the Accounts. The Bank will not be liable in any way to any person, including the Customer, or one or more joint account holds, for Transactions even if funds from the Accounts are used for the benefit of only one join account holders or of anyone other than the Customer. The Customer is responsible for verifying the completeness of every Transaction that the Customer initiates using CWBdirect®.

The Customer agrees to notify the Bank immediately, in writing, if their PAC becomes known to anyone other than the Customer.

The Customer is liable for all unauthorized use of the PAC until such notification is made and acknowledged, in writing by the Bank. Until the Bank’s acknowledgment is received by the Customer, notification is not deemed to be acknowledged by the Bank.

If the Customer is the joint holder of an Account, then each joint holder of that Account will be jointly and severally liable for all Transactions conducted using the CWBdirect® Services with the respect to that Account.

In no event shall the Bank be responsible or liable at law or in equity for any claim, demand or loss, whether based on contract, tort (including negligence), or any other theory of liability, or for direct, indirect, special, incidental or consequential damages (including loss of profits) howsoever caused as a result of a PAC becoming known to, or used by third parties.

11. No Representations

The Bank expressly disclaims all representations, warranties and conditions, express or implied, not contained in this Agreement including, but not limited to, implied representations, warranties and conditions of quality, merchantability, performance and fitness for a particular purpose. Without limiting the generality of the foregoing, the Bank does not represent or warrant that CWBdirect® Services or the Website will be available at all times, or will function without interruption, that they are free from errors or defects, or that use of CWBdirect® Services, the Software, or the Website will be free of viruses, Trojan horses, worms or other destructive components.

12. Indemnity

The Customer shall indemnify, defend and hold harmless the Bank and its directors, officers, employees, agents and independent contractors from and against any and all actions, claims, costs, damages, demands, expenses, fees (including without limitation, reasonable legal fees and disbursements, on a solicitor and his own client basis), liabilities and losses (including amounts paid in settlement) whatsoever incurred or paid (a) in connection with or arising out of any misuses of CWBdirect® Services or the Website by the Customer, (b) as direct or indirect result of the negligence, wrongful act, or omission of the Customer or (c) any third party claim brought against the Bank by a third party, based upon the misuse of CWBdirect® Services or the Website by the Customer.

13. Termination

The Bank may, after providing not less than five (5) days notice to the Customer, withdraw permission to use any of the CWBdirect® Services without being liable for any loss resulting from such action. Notice may be personally delivered or mailed to the address of the Customer shown on the Bank’s records for the Account. If mailed, the notice will be deemed to have been received by the Customer three (3) business days after it was mailed.

The Customer may terminate this agreement by delivery of a written notice to the Bank not less than five (5) days prior to the termination date stated in the notice. Notice must be actually received by the Bank to be effective.

The termination of CWBdirect® Services for any reason will not relieve the Customer of any accrued obligation with respect to the CWBdirect® Services.

14. Suspension of Access

The Bank reserves the right to suspend the right of the Customer to access CWBdirect® Services in whole or in part, if the Bank reasonably believes that the Customer or any unauthorized person or thing has used or accessed, or the Customer has permitted the use of or access to, the CWBdirect® Services in manner that threatens the integrity of the Bank or CWBdirect® Services or any equipment or services of the Bank or its contractors, or that contravenes any applicable laws or any third party proprietary rights.

15. Changes to Agreement

The Bank may add to or change the terms, including any Service Charges or transaction fees, from time to time. Notice of additions and changes to Service Charges and transaction fees will be given to the Customer in accordance with the terms and conditions of the Account Agreement. The Bank will give at least 30 days notice of any other additional or amended terms and conditions. The 30-day notice will run from the date a notice is maied to the address of the Customer shown on the Bank’s records. For the Account or is first displayed on the sign-in screen for CWBdirect® Services. If the Customer continues to use any of the CWBdirect® Services after the effective date of any additional or amended terms or conditions to this Agreement, then the Customer will be deemed to have accepted such additional or amended terms or conditions.

16. Other Agreements

The terms and conditions of the Account Agreement between the Customer and the Bank, and any other conditions or agreements between the Customer and the Bank regarding any Accounts, shall remain in full force and effect and shall apply to each Transaction, except as expressly modified by the terms of this Agreement. If there is a conflict between any provision of any of these other agreements and this Agreement, this Agreement will prevail with the exception that the Account Agreement between the Customer and Bank will prevail over this Agreement.

17. Trademarks

You acknowledge that “CWBdirect” is a trademark owned by the Bank and that nothing in this Agreement grants to you any right to reproduce or use in any manner such trademark without the express prior consent of the Bank.

18. Survival

The provisions of Sections 2, 3, 5, to 11, inclusive, and 14 and 15, of these Terms, will survive termination of your use of the CWBdirect® Services.

19. Applicable Law

This Agreement is governed by the laws of Alberta.

20. Enurement

This agreement will enure to the benefit of and be binding upon each of the Customer and the Bank and their respective heirs, executors and administrators.

21. Execution

This Agreement must be executed by the Customer (which in the case of a joint account includes all account holders) and, in the case of a company, as many of those signing officers currently on a record at the Bank for the Accounts as are required to create an obligation of the company. The Customer will be entitled to select a PAC only if each of those signing officers and all holders of the Accounts are present at the time of such selection or have authorized, as permitted below, a designated signing officer or officers to select the PAC. The Customer may change the PAC periodically in accordance with the then current requirements of the Bank.

This Agreement must be executed in several counterparts or electronically. When executed in counterparts, each counterpart shall be deemed to be an original and such counterparts together shall constitute one and the same instrument and notwithstanding the date of execution shall be deemed to bear date as of the date written below. When executed electronically, use the CWBdirect® Services shall be deemed to be acceptance of the terms and conditions hereof as of the date of first use.