Pan Pacific Bank

ONLINE BANKING AGREEMENT AND ELECTRONIC FUNDS TRANSFER ACT DISCLOSURE STATEMENTPlease read this Agreement and Disclosure Statement. You may also print a copy to retain for your reference. If you agree to the following terms and conditions, click on the "I Accept" button at the end of this document. If you do not accept the terms and conditions or if you wish to return to the home page of Pan Pacific Bank, click on the "I Decline" button at the end of the document.

1. INTRODUCTION
2. HOW TO REACH US
   Business Days
   Contact Us
   E-Mail
3. KEEPING YOUR ACCOUNT CONFIDENTIAL
   Password and Access ID Protection
   System Lock Out
   Lost or Stolen Password or Access ID
   Personal Information Protection
   Examine Your Statement
4. ELECTRONIC BANKING DISCLOSURE
   Account Access
   Limitations on funds Transfer from Money Market Checking and/or Savings Accounts
   Disclosure of Information to Third Parties
   Documentation
   How to stop a Preauthorized Payment
   Account to Account Transfer
   Our Liability for Failure to Make Transfers
   Pan Pacific Bank’s Responsibility
   Stop Payment Request
   In Case of Errors or Questions about Your Electronic Transfers (Applies only to Consumer /Personal Accounts)
   Liability for Unauthorized Use (Applies only to Consumer/Personal Accounts)
5. PROVISIONS APPLICABLE TO BUSINESSES
6. OFFICE OF FOREIGN ASSET CONTROL
7. FEES AND CHARGES
   Pan Pacific Bank-Online Banking
8. OTHER GENERAL TERMS
   Other Agreements
   Severability
   Modifications to This Agreement
   Rights to Terminate Agreement
   Inactive Status
   Governing Law
   Pan Pacific Bank Liability

1. INTRODUCTION
   This Agreement and Disclosure Statement (Agreement) for accessing your Pan Pacific Bank Accounts via Online Banking, is provided for your information and acceptance. Please read it carefully as it pertains to your accounts and the electronic services we offer.
   
   For the purposes of this Agreement the following definitions apply. The terms “We”, “Us”, “Our”, and “Bank” refer to Pan Pacific Bank; “You” and “Your” refers to both consumer and business account owners; Online Banking is the Internet-based service providing access to your account(s); Time of day references are to U.S. Pacific Standard Time; Business days Mondays through Friday, excluding holidays.
   
   Please read carefully the Agreement below. This agreement includes your rights and obligations as a user of our Online Banking Service. It also describes the rights and obligations of Pan Pacific Bank. By pressing the, “I Agree” button below, you agree to comply with the terms and conditions of this Agreement. You also acknowledge by signing the Online Banking Service that you have downloaded, printed, or otherwise received a copy of the terms and conditions and that you understand them.
   
   The first time you access your account(s) through Online Banking you will need to confirm your agreement to abide by the terms and conditions of this Agreement and acknowledge your receipt and understanding of this disclosure by pressing the, “ I Agree” button. We may change the terms or amend this Agreement from time to time without notice or as otherwise provided by law. Online Banking can be used to access certain Bank accounts. Each of your accounts at Pan Pacific Bank is also governed by the applicable account disclosure statement in your Terms and Conditions of Your Account Disclosure and the Schedule of Charges and Fees, (prior receipt of which you acknowledge.) This Online Agreement does not replace the disclosures received at time of opening deposit accounts with Pan Pacific Bank.
   
   This Agreement will be governed by, and interpreted in accordance with federal law and regulations and to the extent that there is no applicable federal law or regulations, by the laws of the State of California. To the extent permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which the Bank is located.
    
2. HOW TO REACH US
   
   Business Days
   Our normal business days and hours are Monday through Thursday, 9:00 A.M. to 4:00 P.M., and Friday from 9:00 A.M. until 5:00 P.M., excluding federal holidays.
   
   Contact Us
   You may visit our branch office during normal business hours or telephone us at 510.809.8888. A voice mail system is available during non-normal business hours. You may also write to us at:
   
   Pan Pacific Bank
   47065 Warm Springs Blvd.
   Fremont, CA 94539
   
   E-Mail
   Sending e-mail is another way that you can communicate with us. Your e-mail messages may be acted upon by the Bank if the message was received in a manner and time in which the Bank has a reasonable opportunity to act. Nevertheless, unless otherwise expressly provided herein, e-mail messages will not serve as a substitute for any requirement imposed on you to provide the Bank with “written” notice or instruction. If you send an electronic mail message, Pan Pacific Bank will be deemed to have received it on the following business day. If immediate attention is required, you must contact the Bank by telephone or in person or through some other procedure other than e-mail.
   
   E-mail is not a secured environment. Do not send account information or transaction information via e-mail.
    
3. KEEPING YOUR ACCOUNT CONFIDENTIAL
   
   Password and Access ID Protection
   
   For security purposes, you are required to change your Access ID and Password upon your initial login to Online Banking. You determine what Access ID and Password you will use and the identity of your password is not communicated to us. For your protection, we recommend that you frequently change your personal password used to access Online Banking. (You can change your password under the Change Password button.) You agree to hold your Password and Access ID in strict confidence and you will notify us immediately if your Password and/or Access ID is lost or stolen. As a precaution, it is recommended that you memorize your Password and Access ID and do not write either down. Passwords should not be easy to guess; for example, your children’s or pet’s names, birth dates, addresses or other easily recognized identifications related to you. It is also recommended you do not set your browser to automatically remember your password. The Access ID must contain at least 6 characters while your Password is required to be between 6and 10 characters. It is recommended that you use a combination of alpha and numeric or a combination of upper and lower case alpha for security purposes.
   
   You further agree not to allow anyone to gain access to Online Banking or to let anyone know your Password used for this service. You agree to assume responsibility for all transactions up to the limits allowed by applicable law. Pan Pacific Bank will not be responsible for any loss due to breach in the above security procedures.
   
   System Lock Out
   To guard against unauthorized use of your Access ID and Password, Online Banking disables the password indefinitely on the third unsuccessful attempt to log in. You will need to call the Bank at 510.809.8888 to reestablish the password for your account(s).
   
   Lost or Stolen Password or Access ID
   Contact Pan Pacific Bank AT ONCE if you believe your Password, Access ID, Telephone Banking Password, ATM/POS Card, VISA Check Card, or Personal Identification Number (PIN) has been lost or stolen or if you have identified any unauthorized Electronic Funds Transactions (EFT) on your current statement viewed on-line or your monthly printed statement. Telephoning us IMMEDIATELY at 510.809.8888 is the best way of minimizing your potential losses. You may also write to us to report the problem at:
   
   Pan Pacific Bank
   47065 Warm Springs Blvd
   Fremont, CA 94539
   
   Personal Information Protection
   In addition to protecting your Password, Access ID, and account information, you should also protect your personal identification information, such as your Driver’s license, Social Security Number, etc. This information, alone or together with information about your account, may allow unauthorized access to your account. It is your responsibility to protect your personal information with the same level of care that you protect your account information.
   
   Examine Your Statement
   You must promptly review your statement upon receipt. See In Case of Errors or Questions About Your Electronic Transfers for further information.
    
4. ELECTRONIC BANKING DISCLOSURE
   Account Access
   Online Banking is an Internet-enabled service provided to our customers. By using Online Banking with your personal Password and Access ID, you can:
• Make account inquiries
• Check account balances
• Transfer funds between your accounts
• Access your current account statement(s)
• Request a Stop Payment

Available services may be added or cancelled at any time. We will update this Agreement to notify you of the existence of new services. By using these services when they become available, you agree to be bound by the rules contained in this Agreement.

You can use Online Banking seven days a week, 24 hours a day. However, from time to time, some or all of our Online Banking Services may not be available due to system maintenance.

During such times you may visit or call the branch at 510.809.8888.

Limitations on Funds Transfers from Money Market Checking and/or Savings Accounts
Pursuant to federal regulations, you are limited to the number of certain transactions you can make on your Savings and/or Money Market Checking Accounts.

For Savings Accounts you may make no more than six (6) transfers to another account or to a third party by pre-authorized transfer, online transfer, telephone transfer, fax request, or ACH (Automated Clearing House-electronic transaction) per month.

For Money Market Checking Accounts, you may make no more than six (6) transfers to another account or to a third party by pre-authorized transfer, online transfer, automatic transfer, point of sale (POS), telephone transfer, fax request, voice response request, and ACH (Automated Clearing House-electronic transaction), of which only three (3) may be checks, per statement cycle.

Online transfers are transactions between accounts initiated through Online Banking. Pre-authorized withdrawals are transfers made according to a specific agreement between a customer and us or another party. (Examples of preauthorized withdrawals are regular electronic payments from savings made to a third party, such as health clubs, insurance companies, etc.) Check access refers to any checks you write on your Money Market account.

Disclosure of Information to Third Parties
We will disclose information to third parties about your account or the transfers you make:
• Where it is necessary for completing transfers; or
• In order to verify existence and condition of your account for
a third party, such as a credit bureau or merchant; or
• In order to comply with government agency or court orders
• If you give us written permission
   
We may disclose information about your account to account verification services, such as ChexSystems Inc. ®, if we close your account due to unsatisfactory handling, fraud or attempted fraud or criminal activity. Information we report usually includes your name, address, Taxpayer Identification Number (TIN), driver’s license number and the date and reason the account was closed. The account verification service may supply this information to others. This may adversely impact your ability to establish an account at another financial institution for up to five years from the date of our report.

Information concerning your account history with Pan Pacific Bank will not be disclosed to anyone, except as permitted by law. For an example of information that may be disclosed as permitted by law, we may disclose nonpublic information about you to others to assist us in servicing your loan or account with us, to government entities in response to subpoenas and to credit bureaus.

Servicing Arrangements/Joint Marketing Disclosure
We may disclose information about you to companies who work with us to provide services to you such as check printing and Online Banking. We may also disclose information about you to companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements. Any such program would include confidentiality agreements to protect customer information.

Documentation
You will continue to receive your regular account statement. Accounts containing Online transactions will receive a monthly statement, even if the normal statement cycle is quarterly, for the month during which the Online transaction was conducted. This change to a monthly cycle is made in order for the Bank to comply with Federal Regulations.

If you have arranged to have direct deposits made to your account, you can review your account history using Online Banking or call us at 510.809.8888 during regular business hours to find out whether or not the deposit has been made.

Preauthorized Payments
If you have told us in advance to make regular payments (preauthorized payments) out of your account you can stop any of these payments. Here’s how:

Call us at 510.809.8888 during regular business hours or write to us at:

Pan Pacific Bank
47065 Warm Springs Blvd
Fremont, Ca 94539


We must receive your stop payment request three (3) business days or more before the payment is scheduled to be made. If you make a call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call.

Account-to-Account Transfers
If you have established two or more deposit accounts with Pan Pacific Bank and use the Online transfer feature provided as a convenience to you, it is believed to be in good faith by an authorized person.

A transfer made in a session that ends before 5:00 PM from any eligible account shall post to your account the same business day and shall be available for withdrawal from the account into which the transfer is made as of the next day. Sessions ending after 5:00 P.M. on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day.

Our Liability for Failure to Make Transfer
Pan Pacific Bank agrees to make reasonable efforts to ensure full performance of Online Banking. Pan Pacific Bank will be responsible for acting only on those instructions sent through Online Banking, which are actually received in a condition that allows downloading and ability to read, and cannot assume responsibility for malfunctions in communication facilities not under our control, which may affect the accuracy or timeliness of messages you send. Pan Pacific Bank is not responsible for any losses incurred should you give incorrect instructions, or if your transfer instructions are not given sufficiently in advance to allow for timely processing.

Any Information you receive from Pan Pacific 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. Pan Pacific 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 Pan Pacific Bank nor other information providers are responsible for any computer virus or related problems, which may be attributable to services provided by your Internet access provider.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. Pan Pacific 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 Pan Pacific Bank’s Responsibility section below, and in the absence of negligence on the part of Pan Pacific Bank, Pan Pacific Bank, is not responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of Online Banking.

Pan Pacific Bank’s Responsibility
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 and damages. However, there are some exceptions.

We will not be liable, for instance:

• If, through no fault of Pan Pacific Bank, you do not have enough money in your account to make the transfer.
• If the transfer would go over the credit limit on your overdraft line.
• If the automated teller machine where you are making the transfer does not have enough cash.
• If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
• If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
• There may be other exceptions, which may or not be stated in our agreement with you.

Stop Payment Request
You may initiate stop payment requests through Online Banking only for paper checks that you have written (non-electronically) on your Pan Pacific Bank account. Stopping the payment of a check is different from stopping or the cancellation of a bill payment.

A stop payment request made in a session that ends before 5:00 P.M. will be effective the same business day. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number and the amount.

If you request a stop payment online, your login will serve as your authorization to act upon the request. We may also require you to put your request in writing and forward it to us within 14 calendar days from the date of the online request. We will inform you within 48 hours if this is necessary. For more detailed stop payment information refer to the stop payment section of the Terms and Conditions of Your Account Disclosure.

In Case of Errors or Questions About Your Electronic Transfers (Consumer/Personal Accounts Only)
In case of errors or questions about your Electronic Transfer, or if you think your statement or receipt is wrong or if you need more information about an Electronic Transfer listed on your account statement or receipt, contact us as soon as you can by telephoning us at 510.809.8888 or by writing to us at:

Pan Pacific Bank
47065 Warm Springs Blvd
Fremont, CA 94539

We must hear from you no later than sixty (60) days after we have sent the FIRST statement on which the problem or error appeared.

1. Tell us your name and your account number (if any).
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information
3. 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 ten (10) business days

We will determine whether an error occurred within ten (10) business days (five (5) business days if involving a Visa transaction or twenty (20) business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (five (5) business days if involving a Visa transaction or twenty (20) business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time 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 ten (10) business days, we may not credit your account.

An account is considered a new account for thirty (30) days after the first deposit is made, if you are a new customer.

We will tell you the results within three (3) 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.

Liability for Unauthorized Use (Consumers/Personal Accounts Only)
You Agree to tell us at once if you believe that your Password and/or Access ID (including ATM/POS card, Telephone Banking, Debit card or PIN), has been lost or stolen or discovered by an unauthorized person. Telephoning us is the best way of keeping your possible losses down. You could lose all of the money in your account (plus your maximum reserve line of credit). If you believe that that your Password and/or Access ID (including ATM/POS card, Debit card or PIN), has been lost or stolen or discovered by an unauthorized person and you notify us within two (2) business days of the loss or theft, you can lose no more than $50 if someone used your card and/or codes without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Password and/or Access ID, ATM/POS card Debit card or PIN, and we can prove that we could have stopped someone from using the card and/or codes without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, You Agree to tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (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 hospital stay) kept you from telling us, we will extend the time period.

You Agree to be responsible for all transactions if you authorize someone else to use your Password, Access ID, or PIN, which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorize.
 

5. PROVISIONS APPLICABLE TO BUSINESSES
   Business accounts utilizing the Online Banking Services agree to keep all Password and Access ID’s confidential and safeguarded, and only authorized account signers are to access the Business account(s) through Online Banking. In addition to authorized signers, the Business may designate other persons to access the Business account(s) through Online Banking by signing an Authorization Amendment for Business Access to Online Banking. The Business agrees and represents that these persons will abide by the Online Banking Agreement, including keeping the Password and Access ID confidential and reporting to an authorized signer and the Bank if they suspect someone has obtained their Password and/or Access ID. The Business also agrees to establish policies and procedures to prevent disclosure of any security code to any unauthorized personnel.
   
   The Business Agrees to promptly report to the Bank the dismissal or termination of any employee who has received or become aware of any security code to access Online Banking.
   
   THE BANK WILL HAVE NO LIABILITY TO THE BUSINESS OR ANY OTHER PERSON (S) FOR ANY UNAUTHORIZED ACCESS MADE USING YOUR PASSWORD BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE
   
   By using Online Banking, 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).
    
6. OFFICE OF FOREIGN ASSET CONTROL
   
   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.
    
7. FEES AND CHARGES
   
   Online Banking
   There are no fees or charges for accessing your account through Online Banking. Other fees, as described in your Schedule of Charges and Fees (prior receipt of which you acknowledge), may apply to services you order online.
    
8. OTHER GENERAL TERMS
   
   Other Agreements
   In addition to this Agreement, you agree to be bound by and will comply with all terms and conditions applicable to each of your accounts with Pan Pacific Bank, as described in your Terms and Conditions of Your Account Disclosure and the Schedule of Charges and Fees (prior receipt of which you acknowledge). You Agree that your use of the Online Banking is your acknowledgement that you have received these agreements and intend to be bound by them.
   
   Severability
   In the event that any portion of this Agreement is held by a court to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.
   
   Modifications to This Agreement
   Pan Pacific Bank may modify the terms and conditions applicable to Online Banking from time to time upon mailing or delivering a notice of the modifications to you at the address shown on your account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.
   
   Right to Terminate Agreement
   Pan Pacific Bank reserves the right to terminate this Agreement and your access to Online Banking in whole or in part, with or without notice, at any time.
   
   Inactivity Status
   If you do not access Online Baking during any consecutive sixty (60) day period your password will convert to an inactive status. If your password becomes inactive, you must contact us to have the password re-activated before you will be able to access Online Banking or schedule any transaction.
   
   This Agreement will remain in effect until it is terminated by you or by Pan Pacific Bank.
   
   You understand that you may cancel this Agreement at any time by notifying Pan Pacific Bank electronically or by mail at the address provided below. This will cancel Online Banking, but will not terminate your accounts with Pan Pacific Bank.
   
   You may notify Pan Pacific Bank by one of the following methods:
   
   • By calling 510.809.8888
     (9:00 A.M. to 4:00P.M. Monday through Thursday, or 9:00 AM to 5:00 PM on Fridays)
   • By writing a letter and sending it to the following address:
     Pan Pacific Bank
     47065 Warm Springs Blvd
     Fremont, CA 94539
   
   Governing Law
   This agreement is governed by the laws of the State of California, bank regulations and applicable federal law.
   
   Pan Pacific Bank Liability
   You Agree that, except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we, PPB, nor the third party service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Pan Pacific Bank, or by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Explorer browser), or by Internet access providers or by online service providers or by an agent or subcontractor of any of the foregoing. Nor shall we, PPB, or the service providers be responsible for an direct, indirect, special, or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, Online Banking, or Internet browser or access software
   
   We invite you to print a copy of this Online Banking Agreement And Electronic Funds Transfer Act Disclosure Statement and retain it for your records. You may also request a copy of this Agreement be mailed to you. To do so, call us at 510.809.8888 during business hours or write to us at:
   Pan Pacific Bank
   47065 Warm Springs Blvd
   Fremont, CA 94539