Pacific Commerce Bank

Online Banking Agreement

NetTeller® Online Banking Agreement

PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS

1. Introduction. This Agreement sets forth the terms and conditions of the NetTeller Online Banking Service (“Service”) offered by Pacific Commerce Bank (“Bank” and “us”). In this Agreement, the term “you” refers to each owner and authorized signer on the accounts that are accessed through the Service. Each time you access an account through the Service, you confirm your agreement to these terms. Please see Section 24 regarding electronic communications involving the Service and this Agreement.

2. Services. You can perform the following transactions, depending on the services you request and the accounts tied to the Service:
  • View account balance information and transaction history,
  • Transfer money between your eligible accounts,
  • Arrange for automatic monthly transfers from one Bank account to another,
  • View images of checks and deposits made to your accounts,
  • Submit Stop Payment requests,
  • Communicate with us by electronic mail (“e-mail”).
We may make other Services available to you from time to time. Unless we state otherwise, they will be subject to the terms of this Agreement.

3. Computer Requirements. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We assume no responsibility for any error or malfunction by your computer or software, or for any computer virus or similar problems you may experience with the Internet or your Internet service provider. Please see Section 24 regarding Service computer requirements. You must use equipment and software that are compatible with our systems, which may change from time to time.

4. On-line Banking Accounts. In order to use the Service, you must have a checking account with us, access to the Internet, and an e-mail address. The checking account will be your primary On-line Banking account. If you have more than one checking account with us, you must designate one of them as your primary account. If you do not do so, we may select the primary account for you. We may terminate the Service if your primary account closes for any reason. Service fees, if applicable, will be charged to your primary account depending upon your account set-up with us. You can add or delete accounts accessible through the Service by completing a new enrollment form. At our discretion, we may refuse to allow certain accounts to be linked to the Services.

Any signer on any account listed in your application for this Service will have the ability to conduct online transactions involving any of the accounts listed on the application. Even though a listed account may require more then one signature for the withdrawal of funds (e.g., by check), we may act on the oral, written or electronic instruction of any one of the authorized signers for Service transactions. For example: if John and Mary list accounts they hold individually and jointly (whether requiring one or more signatures for withdrawal) on their joint application for the Service, John can initiate transfers from his individual account, from his joint account with Mary, and from Mary’s individual account. If John does not want Mary to have access to John’s individual account, John should submit a separate application to the Bank for that account.

5. Accessing the Service. You must use a NetTeller Online Banking ID and a NetTeller Online Banking PIN to access the Service. When you enroll, we will provide you a temporary password that will give you initial access to the Service. That password must be changed the first time you log on to the Service. Each individual who has access to the Service must choose a password. You should memorize your password and change it periodically. We may act on any Service instruction that is accompanied by your NetTeller Online Banking ID and NetTeller Online Banking PIN. You agree not to disclose your NetTeller Online Banking ID or NetTeller Online Banking PIN to anyone. You are responsible for keeping your NetTeller Online Banking ID and NetTeller Online Banking PIN confidential. Never place them on or near your computer. If you forget your password contact us to have a new one issued to you. We may suspend access to the Service if there are three unsuccessful attempts to enter a password.

6. Hours of Operations. You can access your accounts through the Service seven days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system maintenance. We are not responsible for the unavailability of the Service or any damages that may result from its unavailability.

7. Account Balance and Transaction Information. You can use the Service to obtain account balance and transaction information. Please note that the information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal. Balance and transaction information generally reflect activity through the close of the previous banking day.

8. Transfers. You may transfer funds between your linked savings and checking accounts. Transfers initiated before 7:00 p.m. (Central Time) on a banking day will be posted to your account on the same day. All transfers completed after that hour or on a Saturday, Sunday or holiday may be posted on the next banking day.

9. Electronic Mail. You can use the Service to send us electronic mail (“e-mail”). Since e-mail can be subject to delay and may not be reviewed by us until the next banking day, you should not rely on it if you need to communicate with us immediately (e.g., to stop payment on a check or report an unauthorized transaction). If you need to contact us immediately, call us at the telephone number listed in Section 16. We will have a reasonable time to act on e-mail request, and reserve the right to reject any instruction or request received by e-mail (e.g., a request to wire funds). Please do not include any sensitive information about yourself or your accounts in the e-mail, as we cannot guarantee its privacy over the Internet. You agree that we may read and record any e-mail communications between you and our employees through the Service.

10. Stop Payment Service. You may stop payment on a check you have written (non-electronically) by following the procedures established for that Service. You must provide us with timely, complete and accurate information regarding: the number of the account in question; the date of the item; the item number; the payee information and the EXACT amount of the item (dollars and cents). If any information is incomplete or incorrect, we will not be responsible for failing to stop payment on the item.

We will review current activity on your account since the date of your last statement to confirm that the item upon which you request a Stop Payment has not recently been paid. You are responsible to review the activity on all previous statements. We will not be responsible to ascertain whether the check you wish stopped has been paid in any previous statement.

From time to time, the on-line system may be inoperable. If that occurs, your request can be communicated to us by telephone. We may require written confirmation of your order within 14 days of our receipt of your telephone request.

11. Banking Days. Our banking days are Monday through Friday, excluding holidays.

12. Documentation. You will get a monthly deposit account statement unless there are no electronic fund transfers in a particular month. In any case, you will get a statement at least quarterly.

13. Service Fees. You agree to pay fees we may establish from time to time for the Service. All individual account fees apply where applicable. We are not responsible for any fees that may be billed to you by your online service provider.

14. Limitations. We reserve the right to limit the frequency and dollar amount of transfers and payments, if applicable, for security reasons. Payments and transfers from savings accounts and money market accounts are limited by law and your deposit agreement with us. Regarding your Money Market Account and/or Savings account, you may only make up to six withdrawals and/or transfers each month by preauthorized or automatic transfer, draft, telephone, check, draft, debit card or similar order to a third party.

15. Customer Service. You may contact us at (213) 617-0082, Monday through Friday, from 9:00 a.m. to 5:00 p.m., excluding holidays. Our hours of operation are subject to change without prior notice.

16. How to Notify us of a Problem. If you have any questions about a Service transaction, or someone has transferred or may transfer money from your account without your permission, write to us at Pacific Commerce Bank, NetTeller Online Banking, 420 East 3rd Street, Suite 100, Los Angeles, CA 90013 or call us at (213) 617-0082.

17. Your Responsibility. Tell us AT ONCE if you believe your NetTeller Online Banking ID or NetTeller Online Banking PIN has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days, you can lose no more then $50 if someone used your NetTeller Online Banking ID or NetTeller Online Banking PIN without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your NetTeller Online Banking ID or NetTeller Online Banking PIN, and we can prove that we could have stopped someone from using your NetTeller Online Banking ID or NetTeller Online Banking PIN without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows payments or transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement is mailed to you, you may not recover any money you lost after that 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

18. Our Responsibility. If we do not complete a transfer or initiate a payment from your account on the payment date 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 example, if: (a) we process your payment in a timely manner but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer of payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses, computer breakdown or telecommunication problems) prevent the transaction, despite reasonable precautions that we have taken; (g) you fail to follow our on-screen instructions properly; or (h) a transfer or payment could not be completed due to the system’s unavailability. There may be other exceptions stated in our deposit agreement with you.

19. In Case of Errors or Questions About Your Transfers. Telephone us at the number, or write us at the address, set forth in Section 16 as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later then 60 days after we sent the FIRST statement on which the problem or error appeared. You must: (a) tell us your name and account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or questions. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Our obligation to act within the 10- and 45-day periods mentioned above is extended to 20 business days and 90 calendar days, respectively, if the notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

20. Business and Other Non-personal Accounts. The Bank’s obligations set forth in Sections 18 and 19, and the limitations on your liability set forth in Section 17, do not apply in the case of business or other non-personal accounts. Under no circumstances will we be liable for any special or consequential damages involving such accounts. The owners of non-personal accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of the discovery or their receipt of the first statement or notice reflecting the problem, whichever occurs first). We may process any OnLine instruction we believe is given by any of you if the instruction is accompanied by your NetTeller Online Banking ID and NetTeller Online Banking PIN and you will be obligated for the transfer or payment, even if the instruction is not transmitted or authorized by you.

21. Release of Account Information. We may release information about your accounts and transactions you perform to third parties: where it is necessary or helpful in verifying or completing a transaction; to verify the existence, history and condition of your account for credit reporting agencies; when you give us your consent; as permitted or required by law; to local, state and federal authorities if we believe a crime may have been committed involving your account; when an inquiry is made regarding the availability of funds to cover a check you have written; and, if you are a business, in response to trade inquiries.

22. Other Terms. This Agreement supplements the terms of your account agreement with us. Please see that agreement for other terms relating to this Service, if applicable, (for example, waivers governing law, and overdrafts). This Agreement and your account agreement contain all of the terms of our agreement with you with respect to the Service. The terms of this Agreement will supersede any conflicting terms in your account agreement with respect to the Service.

23. Change in Terms. We may amend (add to, delete from, or change) the terms of this Agreement at any time by sending a notice to any of you at the address or e-mail address shown in our records, by posting a notice or an amended Agreement on our Web Site, or by delivering it to you. You may choose not to accept the change by closing your account(s) or terminating this Agreement and your use of the Service.

24. Electronic Communications. You agree that this Agreement and any notice or other type of communication that is provided to you in connection with the Service, including amendments, statements, and account information, may be sent to you electronically by posting the communication on our Web Site or by sending it to any of you by e-mail. You may obtain a free copy of this Agreement, any amendments to it, and other communications about the Service in paper form by writing to us at Pacific Commerce Bank, NetTeller Online Banking, 420 East 3rd Street, Suite 100, Los Angeles, CA 90013, or by calling us at (213) 617-0082. You can withdraw your consent to such electronic notices by writing to us at the same address, and advising us that you wish to have future notices sent to you in paper form. We may elect to terminate this Agreement and the Service if you choose to receive notices in paper form.

You agree to provide us with your current e-mail address for notices. If your e-mail address changes, you must send us a notice of the new address in writing to Pacific Commerce Bank, NetTeller Online Banking, 420 East 3rd Street, Suite 100, Los Angeles, CA 90013 You will need the following hardware and software in order to access our Web Site, to receive notices from us, and to retain an electronic record of this Agreement and future communications. You will need an Internet Service Provider (ISP), a computer that has a Browser Software which supports Secure Sockets Layer (SSL). We recommend Netscape Navigator 4.0 or higher, Internet Explorer 4.01 or higher. The site has been built to work with all major browsers that have been tested and approved.

25. Termination. We may terminate or suspend your access to all or part of the Service at any time, with or without cause. We may automatically terminate your use of the Service if you do not use it for an extended period (180 days). If you decide to cancel the Service, please write to us at Pacific Commerce Bank NetTeller Online Banking, 420 East 3rd Street, Suite 100, Los Angeles, CA 90013.

26. Acceptance. Your use of the Service shall constitute your acceptance and approval of all the terms and conditions of this Agreement.


 





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