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| Please read this Agreement
carefully for important information about your Online Banking Account with Trans
Pacific National Bank. Please print or download (save as html file) a copy of
this Agreement and retain for your records. |
| TRANS PACIFIC NATIONAL BANK |
| ONLINE BANKING SERVICES AGREEMENT |
| This Agreement describes your rights and obligations as a user of TPNB Online, our online banking service, or the Bill Payment Service ("Services"). It also describes the rights and obligations of Trans Pacific National Bank. Please read this Agreement carefully. By pressing the "I Accept" button below, you agree to comply with the terms and conditions of this Agreement. |
| Note: You must scroll down and click the "I Accept" button at the bottom of this Agreement to continue. |
| A. DEFINITIONS |
| The following definitions apply in this Agreement. TPNB Online Banking is the Internet-based service providing access to your 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 U.S. Pacific Time; and We, Us or Trans Pacific National Bank refers to Trans Pacific National Bank, which offers the Services, and which holds the accounts accessed by the Services. Business days are Monday through Friday, excluding holidays. |
| B. ACCESS TO SERVICES |
| You will gain access to your TPNB Online Accounts through the use of your Internet-enabled device, your Internet Service Provider, your User Code, and your Password. |
| C. HOURS OF OPERATION |
| 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. All TPNB Online Banking transaction requests received after 5:00 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 Trans Pacific National Bank business day. |
| D. USE OF YOUR SECURITY PASSWORD |
| 1. Password and User Code |
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You will be required to change your password from the last four digits of your social security number 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. Your password and User Code 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. |
| 2. "Three Strikes and You Are Out" |
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To guard against unauthorized use of your User Code and password, 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). |
| 3. Multiple Signers Account |
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Password will only be assigned to an authorized account signer. Each signer should have his/her unique password and must safe guard 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. IF YOUR PASSWORD HAS BEEN LOST OR STOLEN |
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Tell us AT ONCE if you believe your Password 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). For personal accounts only, if you inform us within two business days that someone is using your password without your permission, your losses will be limited to no more than $50. If you do NOT tell us within two business days after you learn of the loss or theft of your password, and we can prove that we could have stopped someone from using the password to make transfers 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, tell us at once. For personal accounts only, 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 consider extending the time period. When you give someone your Trans Pacific National Bank ATM or/and 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. |
| F. BANKING TRANSACTIONS WITH TPNB ONLINE BANKING |
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In addition to viewing account information, you may use TPNB Online Banking to conduct the following transactions:
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| G. BILL PAYMENT SERVICE |
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The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated online Bill Pay Account, except loan 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 will try to contact the payee for more information. However, if we are unable to contact the payee, or unable to deliver the check due to insufficient information, we will credit to your account for the amount of check 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. 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 schedule a payment at least ten (10) 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 five (5) business days between the date you schedule a payment to be initiated (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. If the session during which you schedule a payment or transfer ends by 5:00 p.m., Trans Pacific National Bank will be considered to have received it on that day. Otherwise, it will be considered received the following business day. 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. 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 fixed payments, only the payment currently scheduled will be canceled. Fixed 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 writing or calling Trans Pacific National Bank at the address/phone numbers listed in Section "Termination" of this Agreement. We must receive your notice by 3:00 p.m. of the day prior to the payment date you specified when you set up the payment. We may ask you to confirm phone instructions in writing within two weeks. |
| H. BILL PAYMENT GUARANTEE |
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We will reimburse you for any late payment fees or penalties you are charged up to a maximum of $50.00 per scheduled payment, as a result of the failure of a Business Payee to receive a payment made through the Service by the bill's actual due date to the extent that the Bank has not refused the transaction if the Bank reasonably believed such refusal is necessary for security reasons, if you meet each of the following conditions:
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| I. STATEMENTS |
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You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. If your statement shows transfers that you did not make, notify Trans Pacific National Bank immediately by calling us at 415-543-3377, 9:00 a.m. to 5:00 p.m. Monday through Friday, except holidays. For personal accounts only, if you do not notify Trans Pacific National Bank within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if Trans Pacific National Bank had been notified in time. If a good reason (such as a long trip or hospital stay) delayed you from contacting Trans Pacific National Bank, Trans Pacific National Bank will consider extending these time periods. |
| J. ERRORS AND QUESTIONS |
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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 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:
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 notify you with the results of the investigation within ten (10) business days 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 an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are twenty (20) business days (instead of ten) and ninety (90) calendar days (instead of forty-five). If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation. You agree that Trans Pacific National Bank may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service. 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 sign on to the Service within that time frame. |
| K. PROVISIONS APPLICABLE TO BUSINESSES |
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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:
THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE. By using the TPNB Online Banking service, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions, which are commercially reasonable. You agree to be bound by your instructions, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice). If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be received until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest. 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, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. |
| L. OFFICE OF FOREIGN ASSET CONTROL |
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Under the Bank Secrecy Act, the Bank is prohibited from transacting business with persons or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons or entities blocked by OFAC. |
| M. LIMIT OF TRANS PACIFIC NATIONAL BANK AND OTHER PROVIDER'S RESPONSIBILITY |
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Trans Pacific National Bank agrees to make reasonable efforts to ensure full performance of TPNB Online Banking. Trans Pacific National Bank will be responsible for acting only on those instructions sent through TPNB Online Banking which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under our control which may affect the accuracy or timeliness of messages you send. Trans Pacific National Bank is not responsible for any losses incurred should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service. Any information you receive from Trans Pacific National Bank or Other Information Providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Trans Pacific National Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information. Neither Trans Pacific National Bank nor Other Information Providers are responsible for any computer virus or related problems which may be attributable to services provided by any Access Service Provider. 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. Except as otherwise provided in the Trans Pacific National Bank's Responsibility section below, and in the absence of negligence on the part of Trans Pacific National Bank, neither Trans Pacific National Bank, any Other Information Provider, nor any Other Software Supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of TPNB Online Banking. |
| N. TRANS PACIFIC NATIONAL BANK'S RESPONSIBILITY |
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Trans Pacific National Bank will be responsible for your actual losses if they were directly caused by our failure to:
However, we will not be responsible for your losses if:
There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages. If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed. |
| O.ELECTRONIC MAIL |
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If you send Trans Pacific National Bank an electronic mail message, Trans Pacific National Bank will be deemed to have received it on the following business day. Trans Pacific National Bank will have a reasonable time to act on your e-mail. 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 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 sign on to the Service within that time frame. |
| P. OTHER AGREEMENTS |
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In addition to this Agreement, you and Trans Pacific National Bank agree to be bound by and comply with the requirements of the Agreements applicable to each of your Online Accounts. Your use of the TPNB Online Banking service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. (You should review other disclosures received by you when you open your accounts at Trans Pacific National Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement). We will automatically deduct the fees related to this Service from your Bill Pay Account each month. |
| Q. MODIFICATIONS TO THIS AGREEMENT |
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Trans Pacific National Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice. |
| R. DISCLOSURE OF INFORMATION TO THIRD PARTIES |
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We are permitted under law to disclose nonpublic personal information about you to other third parties in certain circumstances. For example, we may disclose nonpublic personal information about you to third parties to assist us in servicing your loan or account with us, to government entities in response to subpoenas, and to a consumer credit reporting agency. We do not disclose any nonpublic personal information about you 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. |
| S. INACTIVITY / TERMINATION |
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If you do not sign on to the Service or have any transaction scheduled through the Service 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 Service activated before you will be able to schedule any transaction through the Service. 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 online banking and Bill Payment Services, but will not terminate your accounts with Trans Pacific National Bank. When Bill Payment is terminated, any pre-schedules 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 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:
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Trans Pacific National Bank |
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Trans Pacific National Bank |
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Trans Pacific National Bank |
| T. GOVERNING LAW |
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This Agreement is governed by the laws of the State of California, bank regulations, and applicable federal laws. |
| U. FEES |
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TPNB Online Banking: $20/month |
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