Online Banking Services Agreement
This Online Banking Services Agreement (“Agreement”) describes your rights and obligations as a user of TPNB Online, our online banking service, including the Bill Payment Service ("Services"). It also describes the rights and obligations of Trans Pacific National Bank. Please read this Agreement carefully. By signing this Agreement, you agree to comply with the terms and conditions of this Agreement.
Subject to our approval and to any limits we impose, you may designate accounts for access through our internet banking website and for the Services (“Accounts”). We may act on requests for information, or requests to make or countermand any Service requested on or associated with an Account, from any Account owner (including joint owners or borrowers on an Account) or their authorized representatives. Each time you use the Services or you permit any other person to use the Services, you are agreeing to the terms and conditions that we have set out in this Agreement, as amended. Each time you use the Services or you permit any other person to use the Services, you are agreeing to the terms and conditions of any instructional material which we may provide to you regarding the Services, including instructions presented to you at our website.
A. DEFINITIONS
In addition to the terms otherwise defined throughout this Agreement, the following definitions apply in this Agreement. TPNB Online Banking is the Internet-based service providing access to your eligible account(s); Online Account means any Trans Pacific National Bank account from which you will be conducting transactions using the Service; Password is the code sent to you by Trans Pacific National Bank for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service; Time of day references are to Pacific Time; we, us, Bank or Trans Pacific National Bank refers to Trans Pacific National Bank, which offers the Services, and which holds the accounts accessed by the Services; and “you”, “your”, “Customer” and similar terms are used to refer to the person entering into this Agreement and to the each person who is an owner of or has an interest in an Account. Business days are Monday through Friday, excluding holidays.
B. ACCESS TO SERVICES
You will gain access to your Accounts through the use of your Internet-enabled personal computer, your Internet Service Provider, and the Security Codes (as defined in Section D, below). You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing TPNB Online Banking. Trans Pacific National Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software. Some Services may require you to download software from our website; in some cases, we may place software on your computer as part of our security or verification tools. You agree to abide by the intellectual property rights of others with respect to all software used by you or us in connection with the Services; among other things, you will not use, copy, disseminate, reverse compile or otherwise appropriate any software code or program except as allowed and for the purpose of performing approved Services.
C. HOURS OF OPERATION AND CUT-OFF TIMES
The Services are available 24 hours-a-day, seven days-a-week, except during special maintenance periods. We will attempt to limit downtime to those hours of operation least impacted by customer usage, when such options are available. TPNB Online Banking transaction requests, including Bill Pay requests received after 5:00 p.m. on business days (for eCorp Bill Pay requests received after 1:00 p.m. on business days), and all transactions which are requested on Saturdays, Sundays, or holidays on which Trans Pacific National Bank chooses to remain closed, will be processed on the next business day.
D. USE OF YOUR SECURITY CODES
- Security Codes
During your enrollment for the Services, you are required to select or will be assigned certain numbers, codes, marks, signs, public keys or other means of authenticating your identity and electronic communications in your name (“Security Codes”). These may include a User Code and Password. These credentials, with the other components of your Security Codes, will give access to your Accounts through the Service.
You agree to keep all Security Codes confidential; you agree not to write them down. We may offer to you or require you to use additional authentication tools or methods from time to time (for example, challenge questions and phrases for employees). If you choose not to implement supplemental authentication tools, your access to some or all Services may be limited. The term “Security Codes” will include any supplemental authentication tools that are used by you.
You will be required to change your initially assigned Password to a new unique Password, only known by you, on the first time you access the TPNB Online Banking Service. You may change your Password at any time. You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.
Collectively, your Security Codes provide security against unauthorized entry and access to your accounts. Passwords should not be easy to guess; for example, children’s or pet names, birth dates, addresses or other easily recognized identifications for you should be avoided. We recommend that you change your Password frequently. - “Three Strikes and You Are Out”
To guard against unauthorized use of your Security Code, TPNB Online Banking disables the Password indefinitely on the third incorrect attempt until you call the Bank and request your Password to be reset. This will occur if you accidentally activate this security feature by unintentionally mis-keying a Password three times. You will need to call the Bank to reestablish the Password for your account(s). - Multiple Signers Account
Passwords will only be assigned to an authorized account signer. Each signer should have his/her unique Password and must safeguard the Password.
You understand that each signer’s access to the TPNB Online Banking service will remain effective until the signer is deleted from the account signature card.
E. BANKING TRANSACTIONS WITH TPNB ONLINE BANKING
You may use TPNB Online Banking to conduct the following transactions:
- View Account information. Balances are updated as of midnight of the preceding business day. In some cases, information may be updated earlier, for example, in the case of wire or in-branch transactions. All balances are subject to our funds availability policy. Account information allows you to view Account histories.
- Order checks for your Accounts online. Check prices vary according to the type of checks you select. The charge is automatically debited from your Account. You are responsible for checking the accuracy of all information shown on your checks. If you find an error, notify us immediately. We are not liable for losses resulting from incorrectly printed checks.
- Transfer funds among your linked Accounts.
- Initiate bill payments - See Section K., below (NOT available for accounts that have special signing requirements).
- Initiate check stop payment requests – See Section L., below.
New services may be introduced for TPNB Online Banking from time to time. Trans Pacific National Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
F. TRANSFER LIMITATIONS
- Because regulations require Trans Pacific National Bank to limit pre-authorized transfers (including TPNB Online Banking transfers), the following limitations apply: Savings, Money Market and Fed Funds Index Account - Transfers from a Money Market account or a Fed Funds Index account to another account at Trans Pacific National Bank or to third parties by pre-authorized, automatic, or telephone transfer are limited to six per month with no more than three by check, draft, debit card, or similar order to third parties.
G. DOCUMENTATION
- You will get a monthly account statement (unless there are no transfers in a particular month. In any case, you will get the statement at least quarterly).
H. Sufficient Funds
You must have sufficient available funds in your Account to cover the amount of any transaction that would be charged to your Account. Subject to limitations set out in this Agreement, you can request payments up to the amount of available funds or available credit in your Account. We may hold (or “freeze”) funds at any time after you have initiated a Service for any reason, including as a means of reducing risks that there will be insufficient funds for completing the Service. If we do hold funds, we may treat the held funds as not available for other purposes, and reject other transactions (for example, checks or other transfer instructions) in any order we choose. We may allow overdrafts/overlimits or negative balances, but we also may discontinue the practice at any time with or without prior notice to you. We may prevent or reverse any payments or other Service in any order that we choose as a means of preventing or recovering any overdrafts or other exposures. If you do not have sufficient or available funds or credit, you may be charged an overdraft or other fee (such as fees for returned checks or other electronic items), as set forth the Deposit Account Agreement and Disclosure, as applicable.
I. WAIVER OF TWO SIGNATURES AND OTHER ACCESS RESTRICTIONS
Your Accounts may be subject to access restrictions when you conduct transactions in person or when you are using systems other than with a Service. For example, there may be a requirement for two signatures on checks. Or loan Accounts may have limited or specific access restrictions. If access restrictions exist, they do not apply to your use of the Services. We may limit or deny Services to you if there are access restrictions (for example, requirements for two signatures). Conversely, we may process your transactions based on communications without regard to or any need to comply with access restrictions otherwise applicable to your Accounts. For example, we may ignore requirements for two signatures. As another example, we may transfer funds from an Account even though the person initiating the transfer is not an authorized signer on the Account. We may process transactions from loan Accounts without regard to access limitations in any loan documentation or agreements.
J. ELECTRONIC RECORDS AND SIGNATURES
When any payment order or other Service generates items or transactions to be charged to your Account, you agree that we may charge the affected Account without requiring your signature on an item and without prior notice to you. Any transactions resulting from your instructions which we receive in your name and under your credentials shall be deemed to have been “a writing” and authenticated by you “in writing” for purposes of any law in which a writing or written signature is needed or required. All records maintained by us of transactions under your credentials shall be deemed to have been “signed” and to constitute an “original” when printed from records established and maintained by us or our authorized agent in the normal course of business. You agree not to contest the authorization for, or validity or enforceability of, our electronic records and documents, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files or records are to be in writing or signed by the party to be bound thereby. Records and “signed” documents, if introduced as evidence on paper in any judicial or other proceedings, will be admissible to the same extent and under the same conditions as other documentary business records. Upon our written request, you agree to manually sign or place your signature on any paper original of any record or “signed” document which we provide to you containing your purported signature.
K. BILL PAYMENT SERVICE
The Bill Payment Service permits you to use your Internet-enabled personal computer to direct payments from your designated online Bill Pay Account to third parties you wish to pay. Your Bill Pay Account must be a checking account. Through the Bill Payment Service, you can pay bills from your Bill Pay Account to businesses or individuals.
All payments you make will be deducted from the Account that you designate as your Bill Pay Account for the Bill Payment Service. Any payments you wish to make through this service must be more than $10.00 payable in U.S. dollars to a payee located in the United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments (e.g., alimony or child support payments). Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
If a payment returns back to us by the payee, we may try to contact the payee for more information. However, we are under no obligation to attempt to contact the payee. If we choose not to contact the payee, are unable to contact the payee, or are unable to effectuate the payment due to insufficient information, we will credit to your account for the amount of payment and we will send you an advice of credit. The Bank is not liable for any late or non-payment under this situation.
Collected funds must be available in your Bill Pay Account on the scheduled payment initiation date (Imitation Date). If the date you schedule a payment to initiate falls on a non-business day (i.e., Saturday, Sunday or holiday), funds must be available in your Bill Pay Account the following business day (e.g., Monday). After funds are withdrawn from your Bill Pay Account on the Initiation Date to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.
You may choose to schedule payments to recur in the same amount at regular intervals (e.g., weekly, semi-monthly, monthly, quarterly, semi-annually, or annually). When you create a new payee in the Bill Payment Service, you should initiate a payment to a new payee at least fifteen (15) business days before any payment due date to allow us time to set up the payee.
For all subsequent payments, you agree to allow at least ten (10) business days between the Initiation Date and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee.
Trans Pacific National Bank is responsible only for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. Trans Pacific National Bank will not be liable in any way for damages you incur if you do not have sufficient funds in your Bill Pay Account to make the payment on the Initiation Date, for delays in mail delivery, for changes to the payee's address or account number (unless you have advised us of the change sufficiently in advance), for the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of Trans Pacific National Bank.
Refer to Section C, above for cut-off hour information. For all entries made using the Services, the time recorded by the TPNB Online Banking service controls.
If your Bill Pay Account does not have sufficient collected funds to make a payment as of the date the transfer or payment is attempted or scheduled to be initiated, Trans Pacific National Bank will automatically attempt to initiate the payment on the next two business days (except eCorp Bill Pay, the payment or the transfer will be cancelled after the first attempt). If the third attempt fails, the payment or the transfer will be canceled and no further attempt will be made by Trans Pacific National Bank to make the transfer or payment. Trans Pacific National Bank will attempt to notify you by e-mail or by U.S. Postal Mail, but Trans Pacific National Bank shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Service. In the case of recurring payments, only the payment currently scheduled will be canceled. Recurring payments scheduled for future dates will not be affected.
You can cancel a future payment or automatic transfer from your account by using the Service or by following the time requirements and writing or calling Trans Pacific National Bank at the address/phone numbers listed in the “Right to Stop Electronic Payment” Section of this Agreement.
We may use one or more bill payment vendor(s) to provide the Bill Payment Service, and you understand that various financial intermediaries and their servicers may be involved in processing any one of your Bill Payment instructions. These intermediaries may benefit from interest that accrues on Bill Payments between the time your Bill Payment Account is debited and the time the payee is paid. Any information you provide may be used by us or any of these other parties to complete or otherwise deal with your transaction or comply with any laws, rules or regulations. If there is a dispute between you and us, or either of Bank and any other person (including any merchant, payee, financial institution or other intended or actual recipient of any Bill Payment), you authorize us to obtain information regarding you, your Account and your Bill Payment obligations (or the absence of them) from any party that was involved in the Bill Payment transaction or that might otherwise assist in the resolution of the dispute or problem. This may include your financial and other information.
L. Check stop payment services
You may request a stop payment on a check issued on your Account(s) by completing the form presented as part of the check stop payment Service and submitting all the required information to us (“Check Stop Payment”). Check Stop Payments must be received by us in sufficient time prior to presentment of the relevant item for payment that we have a reasonable opportunity to act on the request. All Check Stop Payment orders, renewals and revocations of stop orders will be subject to our current policy on stop payment orders. For significant or material items, contact us by coming to one of our branches or by telephone in addition to using the Services for Check Stop Payment. There will be a fee assessed for each Check Stop Payment request whether or not we receive the request in time to place the Check Stop Payment.
You must give us timely, complete and accurate information, including the check date, payee, EXACT amount of the check, check number and reason for the stop request. If any information is incomplete or inaccurate, we will not be responsible for failing to stop payment on the check.
You may use the Check Stop Payment Service to stop payment on checks that you have written against your Accounts. If you wish to cancel or amend any other Service transaction (for example, wire transfer or ACH Services), you should use the process applicable to that Service and you will be subject to any limitations or inability to stop applicable to that Service.
You may not use the Check Stop Payment Service to stop payment on any ACH/EFT transaction, point-of-sale ACH/EFT transfer; any cashier’s check, certified check or other official institution check have purchased from Bank or any check which we have guaranteed. You understand that your Check Stop Payment request is conditional and will not be effective if we have not had a reasonable opportunity to respond to your request, or that stopping payment may subject us to risk of loss or damages under any law or regulation (including clearing house or other processor rules).
A Check Stop Payment request against a check is effective only against the check that is described in the Check Stop Payment request form; and does not cancel or revoke any authorization for future or recurring ACH/EFT transfers by you or by the same biller or originator. A Check Stop Payment order is effective for six (6) months only and will expire automatically, at which time you are responsible for any renewal desired by you for another six (6) month term.
M. RIGHT TO STOP electronic PAYMENT
If you have told us in advance to make regular electronic payments out of your account, you can stop any of these payments. Here’s how:
You may follow the directions provided in the Services, to stop the payment through the Services, or
Call us at #415-543-3377, or write to us at
Trans Pacific National Bank
Attention: Administration Department
55 Second Street, Suite 100
San Francisco, California 94105-4546
in time for us to receive your request by 3:00 pm of the business day prior to the payment date you specified when you set up the payment. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you a fee for each stop payment order you give. Refer to the Fees Section of this Agreement for fee details. A separate process will apply to the extent you wish to initiate check stop payment requests through the Services. Refer to “Check Stop Payment Services,” above, for further details.
N. LIABILITY FOR FAILURE TO STOP PAYMENT OF PREAUTHORIZED electronic TRANSFER
If you order us to stop one of these electronic payments by 3:00 pm of the business day prior to the payment date that you specified when you set up the payment and we do not do so, we sill be liable for your losses or damages.
O. CONSUMER LIABILITY
Tell us AT ONCE if you believe any part of your Security Code has been lost or stolen, or if the Password has been discovered by another person. Telephoning is the best way of minimizing your potential losses (you could lose all funds in your account plus your overdraft line of credit, as applicable).
If you inform us within two business days after you learn of the loss or theft of any part of your Security Code, you can lose no more than $50 if someone used your Security Code (including your Password) without your permission.
If you do NOT tell us within two business days after you learn of the loss or theft of your Security Code, and we can prove that we could have stopped someone from using the Security Code without your permission had you told us, you could lose as much as $500.
Also, if your statement shows transactions that you did not make, including those made by card, code or other means, 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 funds you lost after the 60 days if we can prove that we could have stopped someone from taking said funds if you informed us in time. If you were prevented from informing us for good reason (such as a long trip or a hospital stay), we will extend the time periods.
When you give someone your TPNB Online Banking Password, you are authorizing that person to use the service, and you are responsible for all transactions the person performs using the service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then transactions that person performs after the time you notify us are considered unauthorized. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. For your protection, sign off after every TPNB Online Banking session and close your browser to ensure confidentiality.
P. CONTACT IN EVENT OF UNAUTHORIZED TRANSFER
If you believe any part of your Security Code (including your Password) has been lost or stolen call:
#415-543-3377
or write: Trans Pacific National Bank
Attention: Administration Department
55 Second Street, Suite 100
San Francisco, California 94105-4546
Q. ERRORS AND QUESTIONS
In case of errors or questions regarding an TPNB Online Banking or Bill Payment transaction, call Trans Pacific National Bank at 415-543-3377, or write us at:
Trans Pacific National Bank
Attention: Administration Department
55 Second Street, Suite 500
San Francisco, CA 94105-4546
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 at the specified telephone number or address no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. We will need:
- Your name and account number.
- A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information.
- The dollar amount of the suspected error.
- The date on which it occurred.
If the report is made orally, we may require that you send the complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If more time is needed, however, we may take up to forty-five (45) days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) business days, we may not credit your account until the investigation is completed.
If an alleged error involves a foreign electronic fund transfer, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we determine that no error occurred, we will send you a written explanation. You may request copies of the documents that were used in the investigation.
R. NON-CUSTOMER ACCOUNTS
This “Non-Consumer Accounts” section applies to transactions on accounts that are not primarily established for personal, family or household purposes and to transactions that are otherwise not subject to the federal Electronic Funds Transfer Act (the “EFTA”) (Non-Consumer Transactions”), and to the persons who make them. To the extent this section is inconsistent with any of the provisions of this Agreement, the terms and conditions of this section will control as it is applied to Non-Consumer Transactions.
- Inapplicable Provisions. Consumer protections required by the EFTA are not applicable to Non-Consumer Transactions. Specifically, the “Liability For Failure to Stop Payment of Preauthorized Electronic Transfer”, “Consumer Liability”, “Financial Institutions Liability” and “Errors or Questions” sections of this Agreement do not apply to Non-Consumer Transactions. You are, however, obligated to tell us at once if you believe any part of your Security Code has been lost or stolen, or if your statement shows transactions that you did not make.
- Liability Limitations and Indemnification. We will exercise reasonable care in processing Non-Consumer Transactions. You will exercise reasonable care in examining statements and initiating Non-Consumer Transactions. Unless otherwise required by applicable law, we are only responsible for performing Services as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average 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 360-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, RESULTING FROM OUR ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM AGGREGATE LIABILITY OF US FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE THE LESSER OF THE AMOUNT YOU ORIGINALLY PAID FOR THE SERVICE, PRODUCTS OR MATERIALS or $25,000.00.
We will not be obligated to honor, in whole or in part, any transaction or instruction or communication which:
- Is not in accordance with any term or condition applicable to the relevant Service or Account;
- We have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to hold, dispute, restriction or legal process we believe prevents their withdrawal, transfer or availability;
- Would result in us exceeding any limitation of our net funds position established pursuant to present or future Federal Reserve guidelines;
- Would violate any applicable law, rule or regulation, or any guidance or directive of any federal or state regulatory authority;
- Is not in accordance with any other requirement of our applicable policies, procedures or practices; or
- We have reasonable cause not to honor for our or your protection.
- Security Procedures. We may process any Non-Consumer Transaction we believe is sent or authorized by you if we act in compliance with a security procedure agreed upon by you or us. Such transactions will be deemed to be effective, just as if they were made by you, and you will be obligated to pay us in the amount of such orders, whether or not they were transmitted or authorized by you. You agree that the security procedures are not designed to and are not for the purpose of detecting error. You agree to review the security procedures and to choose one that is commercially reasonable for you, after taking into consideration the type, size and frequency of payment order anticipated by you. You agree to periodically review the security procedures in light of your actual usage. Your continued use of the Services will constitute agreement and ratification by you that the security procedures continue to be commercially reasonable.
You acknowledge that you may change the security procedures at any time by notice to us, and you agree to do so when and if needed to ensure that the security procedures are and continue to be commercially reasonable for the type, size and frequency of requests delivered by you to us. You agree to notify us immediately if the security procedures cease to be commercially reasonable for your use of the Services.
You are responsible for maintaining the confidentiality of the security procedures, including the Security Codes. You will implement a comprehensive security program that includes administrative, technical and physical safeguards to prevent unauthorized access to, disclosure of or use of the security procedures. You will notify us immediately in the event you suspect that any security procedure has been or may have been compromised or rendered ineffective. You will be liable for any losses or damages resulting from your breach of this Agreement or to which your negligence contributed, or which resulted from unauthorized, fraudulent or dishonest acts by your current and/or former authorized agents (including instances where an authorized agent acted to your detriment).
- Refusal to Process Communications. We may delay or refuse to process any requested Service, including ACH entries, wire transfer, payment orders or other money transactions, or any other communications from you. We may do so for any reason or for no reason. We may provide notice to you, but are not obligated to do so. We may delay or refuse processing, for example, if: (a) processing would or may exceeds the available funds in your affected Account; (b) the communication is not authenticated to our satisfaction or we believe it may not have been authorized by you; (c) the communication contains incorrect, inconsistent, ambiguous, or missing information; (d) processing would or may involve funds which are subject to lien, security interest, claim, hold, dispute, or legal process prohibiting withdrawal; (e) processing would or may cause a violation or any Laws or Rules applicable to you or to us; or (f) for any other reason under this Agreement. You agree that we will have no liability to you or to any other person for any loss, damage or other harm caused by or arising out of any such delay or refusal.
- Account Statements. You agree to notify us promptly of any discrepancy regarding Non-Consumer Transactions between your records and the information shown on the account statement. If you fail to notify us of any discrepancy within 30 calendar days of receipt of the account statement containing such information, you agree that we will not be liable for any other losses resulting from your failure to give such notice or any loss of interest with respect to a Non-Consumer Transactions that is or should have been shown. If you fail to notify us of any such discrepancy within 30 days of receipt of the account statement, you will be precluded from asserting the discrepancy against us.
Furthermore, 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. You further agree that Trans Pacific National 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:
- Keep your Security Codes secure and strictly confidential, providing it only to authorized signers on your account(s).
- Instruct each person to whom you give your Security Codes that he or she is not to disclose it to any unauthorized person.
- Immediately notify us and select a new Password if you believe your Password may have become known to an unauthorized person.
- ACH Bill Pay Transactions. If a Bill Payment is processed electronically through the Automated Clearing House (“ACH”), the ACH Entries and the transaction will also be subject to the terms and conditions of Attachment A or any other ACH origination agreement between you and us, to the extent applicable.
S. COMPLIANCE WITH LAWS AND RULES
You agree to comply with all state and federal laws, rules and regulations applicable to you and to your use of the Services (the “Laws”), including the operating rules of all systems used to provide Services to you, as applicable (the “Rules”), and to provide evidence reasonably satisfactory to us of the same if requested by us. Without limitation, you agree and acknowledge that payment orders, ACH entries and other Services may not be used by you in violation of, and that these must comply with, the laws of the United States, including sanctions laws administered by the Office of Foreign Asset Controls. You acknowledge and agree that the software you use to access Services may be subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations. You agree and certify that neither the software nor any direct product thereof is being or will be used by you for any purpose prohibited by these Acts.
T. financial institution'S LIABILITY
- If we do not complete a transfer to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- Through no fault of Trans Pacific National Bank, you do not have enough money in your account to make the transfer.
- The transaction would have caused you to exceed your available credit (if applicable).
- Circumstances beyond our control (e.g., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
- There is a hold on your account, or if access to your account is blocked in accordance with banking policy.
- The computer or related system was not working properly and you knew about the breakdown when you started the transfer.
- Your funds are subject to legal process or other encumbrance restricting the transfer.
There may be other exceptions stated in this agreement and in other agreements with you.
U. ELECTRONIC MAIL
If you send Trans Pacific National Bank an electronic mail message, Trans Pacific National Bank will be deemed to have received it only upon its actual receipt of the message. Once actually received by us, the message will be deemed received the following business day. Trans Pacific National Bank will have a reasonable time to act on your e-mail.
You agree that Trans Pacific National Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Trans Pacific National Bank shall be considered received within three (3) days of the date sent by Trans Pacific National Bank, regardless of whether or not you log on to the Service within that time frame.
You should not rely on electronic mail if you need to communicate with Trans Pacific National Bank immediately. Transactions such as notification of an unauthorized transaction from one of your accounts, or if you need to place a stop payment must not be sent through e-mail. You should never send personal information over electronic mail to us.
V. OTHER AGREEMENTS
In addition to this Agreement, you and Trans Pacific National Bank agree to be bound by and comply with the requirements of the agreements including but not limited to the Deposit Agreement & Disclosure applicable to each of your Accounts. Your use of the Service is your acknowledgment that you have received this Agreement and intend to be bound by it. If there is a conflict between the terms and conditions of this Agreement and one contained in the other agreements between you and us, this Agreement will control.
W. MODIFICATIONS TO THIS AGREEMENT
Trans Pacific National Bank may delete, modify or add to the terms and conditions applicable to the Services from time to time. We will automatically deduct the fees related to the Service from your designated Account each month. We may impose new fees and charges, or increase or change existing fees and charges. We will provide advance notice of these changes to you as required by law. Other fees may be assessed and billed separately by your internet and/or telephone service provider. You agree to pay all fees and charges we impose. Your continued use of the Services following a modification or addition to the terms and conditions will evidence your consent to the modified or new terms and conditions.
X. CONFIDENTIALITY
We are permitted under law to disclose nonpublic personal information about Customers to other third parties in certain circumstances. For example, we may disclose nonpublic personal information about Customers to third parties to assist us in servicing their loan or account with us, to cooperate with regulatory authorities, government entities and law enforcement agencies, and to a consumer credit reporting agency. We do not disclose any nonpublic information about Customers to anyone, except as permitted by law.
If you decide to close your account(s) or become an inactive customer, we will continue to adhere to the privacy policies and practices described in this notice. Consumer accounts receive an additional privacy statement, provided at account opening and annually thereafter.
Y. INACTIVITY / TERMINATION
If you do not sign on to the Services or have any transactions scheduled through the Services during any consecutive ninety (90) day period we may convert your account to inactive status. If your account is considered inactive, you must contact us to have the Services activated before you will be able to schedule any transaction through the Services.
This Agreement will remain in effect until it is terminated by you or Trans Pacific National Bank.
You understand that you may cancel this Agreement at any time by notifying Trans Pacific National Bank electronically or by mail at the addresses provided below. This will cancel the Service, including the Bill Payment Services, but will not terminate your accounts with Trans Pacific National Bank. When Bill Payment is terminated, any pre-scheduled bill payments made through TPNB Online Banking will also be terminated.
Trans Pacific National Bank may cancel this Agreement and terminate your use of TPNB Online Banking and Bill Payment Services, in whole or in part, for any reason, at any time. We will try to notify you in advance, but we are not obligated to do so.
You may notify Trans Pacific National Bank by one of the following methods:
- By calling 415-543-3377, 9:00 a.m. to 5:00 p.m. Monday through Friday, except holidays.
- By writing a letter and either sending it to the following address or giving it to a Banking Officer at any location:
Trans Pacific National Bank
Attention: Administration Department
55 Second Street, Suite 500
San Francisco, CA 94105-5154
Trans Pacific National Bank
Attention: Branch Manager
1442 Webster Street
Alameda, CA 94501-3339
Trans Pacific National Bank
Attention: Branch Manager
979 Broadway, Suite 112
Millbrae, CA 94030
Z. Data retention
You will retain data on file adequate to permit remaking or reconstruction of all requested Services for one year following the date of the execution of the request to which such data relate, and will provide the data to us upon our request. You agree to determine promptly the accuracy of all records and information regarding a Service and to notify us immediately of any errors in such records or information. Nothing in this Agreement relieves you from: (a) any responsibility imposed by law, regulation or contract with regard to the maintenance records; or (b) any responsibility to perform audits and account reviews customarily conducted by persons or entities whose businesses are similar to your business, as applicable.
AA. GOVERNING LAW
This Agreement is governed by the laws of the State of California, applicable bank regulations and federal laws.
BB. FEES
All fees are subject to change by TPNB.
| TPNB Online Banking | $0/month |
| Consumer Check Stop Payments | $15/order |
| eCorp bill payment | $0.50/payment |
| Business e-Pay | |
| Bill payment | $0.50/each |
| Standard proof of payment | $10/each |
| Cancellation request for payment before disbursement | $7.50/each request |
| Returned due to error of the customer | $5.00/return |
| Express Mail | $15.00/letter |
| Letter to recipient of payment | $10.00/letter |
| Research Time | at cost |
| Stop Payment (electronic payments) | $15/order |
| Stop Payment (checks) | $15/order |
