read carefully the Agreement below, this Agreement includes Your
rights and obligations as a user of our on-line banking service.
It also describes the rights and obligations of the United 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 using the on-line banking service that You have downloaded,
printed, or otherwise received a copy of the terms and conditions
and that you understand them.
After you have read this Agreement, and agree to its terms and
conditions, you must scroll down and click the "I Agree"
button at the bottom of this agreement to continue.
this agreement, the words "On-line Banking Service" is the Internet-based
service providing access to Your account(s). "Services" are the
services available to You through the On-line Banking Service.
"On-line Account" means any United Pacific Bank account from which
You will be conducting transactions using the On-line Banking
Service. "Password" is the code sent to You by United Pacific
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 Standard
Time. "We", "Us", "Our", and "United Pacific Bank" means the financial
institution. "You" and "Your" mean the account holder(s) and anyone
else with the authority to exercise control over the funds in
ACCESS TO ON-LINE BANKING
Pacific Bank will provide on-line instructions describing how
to use the On-line Banking Service. You will gain access to Your
On-line Accounts through the use of Your Internet-enabled device,
Your Internet Service Provider, Your User Code, and Your Password.
You certify that you have access to the Internet. Neither United Pacific Bank nor any Provider will be liable for any costs you incur for maintaining Internet access.
SERVICE HOURS/BUSINESS DAYS
Services are available 24 hours-a-day, 7 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. For purposes of transactions,
United Pacific Bank's business days are Monday through Friday,
excluding holidays. All On-line Banking transaction requests received
after 5:00 p.m. on business days, and all transactions requested
on Saturdays, Sundays, or holidays[,] will be processed on the
next United Pacific Bank business day.
USE OF YOUR PASSWORD
You will be required to change Your password from the initial 4 digits password to a new unique password, only known by you, on the first time You access the On-line Banking Service. The password must be between 8 and 12 characters long. You may change Your password at anytime. We are entitled to act on any instructions under Your password. For security reasons, You agree not to allow anyone to gain access to the On-line Banking Service or to let anyone know Your Password used with the Services. We recommend that You not write Your Password down so that no other person can gain access to it. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.
United Pacific 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.
are responsible for obtaining, installing, maintaining, and operating
all computer hardware and software necessary for performing On-line
Banking. United Pacific Bank will not be responsible for any errors
or failures from the malfunction or failure of Your hardware or
reserve the right to change Our system requirements from time
MAKE NO WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO ANY COMPUTER PROGRAMS,
EQUIPMENT OR SOFTWARE MADE AVAILABLE TO YOU.
ON-LINE BANKING SERVICES
can perform the following Services through the On-line Banking:
Obtaining Account Balance and Transaction History. You
can obtain balance and transaction history on Your On-line Accounts.
Account balance and transaction history reflects history through
the close of the previous business day. Balance may include funds
provisionally credited to Your account and thus not subject to
Transferring Funds. Transfer funds among Your linked checking
accounts, savings accounts, and money market accounts from accounts
with the same signers and same vesting only. If United Pacific
Bank becomes aware of account transfers with different signers
or vesting, we will restrict the transaction and remove the account
from on-line viewing.
o Bill Payment Service. You may make one-time or recurring payments online from your checking account(s) (Money Market Checking is not included) to companies or individuals. (Some payments made by paper check will not be subject to this Electronic Fund Transfer disclosure. Any payment scheduled after 11:00 a.m. Pacific Standard Time will be processed as next business day’s transaction.)
The following limitations apply:
Account - Transfers from a Regular Savings account to another account or to third parties by pre-authorized, automatic, or telephone transfer – including online banking transaction are limited to six transactions per month. We charge a fee for each transaction in excess of this limit.
Market Account - Transfers from a Personal Money Market account to another account or to third parties by pre-authorized, automatic, or telephone transfer – including online banking transaction are limited to six transactions per monthly statement cycle with no more than three by check, draft, or similar order to third parties. We charge a fee for each transaction in excess of this limit.
Downloading. Download transactions to Quicken, Money or
Microsoft Excel software program.
Other Terms and Conditions
Monthly Service Charge – There is no monthly service charges for accessing your linked accounts, with the Online Banking Service.
Other Charges – Transfers made through Online Banking Services from a savings or money market account may result in an excess transaction fee. See your savings or money market account for details.
New services may be introduced for On-line Banking from time to
time. United Pacific 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.
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding the Website or any Financial Service or any Provider (collectively referred to as "Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Website. You agree that you have the capacity to print, and that you will print, a paper copy of any electronic Communication and retain it for our records. All Communications in either electronic or paper format will be considered to be "in writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. United Pacific Bank and the Providers reserve the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying United Pacific Bank on behalf of itself and the Providers may terminate your right to use the Website or obtain Financial Services (including redeeming any deposit accounts), and you accept sole liability for any early withdrawal penalty, tax or other consequence resulting from any involuntary termination of a Financial Service, to the extent permitted by law.
Us immediately 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 keeping Your potential losses down ( You could
lose all funds in Your account, plus any overdraft credit available
to You. If You inform Us within two business days, Your losses
will be limited to no more that $50 if someone used 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 password, and
We can prove that We could have stopped someone from using the
password without Your permission if You had told us, You could
lose as much as $500. Also, if Your statement shows transactions
that You did not make, 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 the money if You
informed Us in time. If a good reason (such as a long trip or
a hospital stay) kept You from telling us, We may extend the time
You are a business, the limitations of liability for unauthorized
transactions do not apply to You, such that You may be liable
for all unauthorized transfers through the On-line Banking Service
(see, Section, Provisions Applicable to Businesses, below)
You believe that Your Password has been lost or stolen or if Your
Password has been discovered by another person, or that someone
has transferred or may transfer money from Your account without
Your permission, You should immediately call and/or write us,
at the telephone number and/or address stated in Section, Error
Resolution Procedures, below.
give someone Your United Pacific Bank ATM and/or On-line 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 Online
Banking session and close Your browser to ensure confidentiality.
You will continue to receive Your regular account statements on monthly basis or quarterly basis. You must examine Your statement with "reasonable promptness". If Your statement shows transfers that You did not make, You must promptly notify Us of the relevant facts. As between You and us, if You fail to do either of these duties, You will have to either share the loss with us, or bear the loss entirely Yourself.
agree that the time You have to examine Your statement and report
to Us will depend on the circumstances, but will not, in any circumstance,
exceed a total of 30 days from when the statement is first sent
or made available to you.
further agree that if You fail to report any unauthorized transactions
or any other errors in Your account within 60 days of when We
first send or make the statement available, You cannot assert
a claim against Us on any items in that statement, and as between
You and Us the loss will be entirely Yours. This 60-day limitation
is without regard to whether We used ordinary care.
ERROR RESOLUTION NOTICE
case of errors or questions regarding an On-line Banking transaction,
call United Pacific Bank at 626-965-6230 or write Us at:
Internet Customer Service
S. Azusa Avenue
of Industry, CA 91748
must hear from You no later than 60 days after We send You the
first statement on which the problem or error appeared. We will
and account number.
of the error or the transfer in question, and an explanation
concerning why You believe it is an error or why You need more
amount of the suspected error.
on which it occurred.
the report is made orally, We may require that You send the complaint
or question in writing within 10 business days. We will determine
whether an error occurred within 10 business days and will correct
any error promptly after We hear from you. If more time is needed,
however, We may take up to 45 days to investigate a complaint
or question. If this occurs, We will provisionally credit Your
account within 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 requested in writing but not received in writing within 10
business days, We may not credit Your account until the investigation
is completed. (Note: Our obligation to act within the 10 and 45
day periods mentioned above is extended to 20 business 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 Your account was made.).
We determine that no error occurred, We will send You a written
explanation within 3 business days after We finish the investigation,
and debit the provisional credit in accordance with law. You may
request copies of the documents that were used in the investigation.
PROVISIONS APPLICABLE TO BUSINESSES
agree that We may send notices and other communications including
Password confirmations, 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 United Pacific 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
Password secure and strictly confidential, providing it only
to authorized signers on Your account(s).
each person to whom You give Your Password that he or she is
not to disclose it to any unauthorized person.
notify Us and select a new Password if You believe Your Password
may have become known to an unauthorized person.
limitations of liability for unauthorized transfers and the error
resolution procedures set forth, above, do not apply to businesses
or trust accounts.
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, AND You AGREE TO INDEMNIFY
Us IN THE EVENT OF ANY THIRD PARTY CLAIMS ARISING OUT OF ANY UNAUTHORIZED
TRANSACTIONS INVOLVING THE USE OF THE PASSWORD. We may suspend
or cancel Your Password even without receiving such notice from
you, if We suspect Your Password is being used in an unauthorized
or fraudulent manner.
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 made
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.
OFFICE OF FOREIGN ASSET CONTROL
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.
OF UNITED PACIFIC BANK AND OTHER PROVIDER'S RESPONSIBILITY
Pacific Bank agrees to make reasonable efforts to ensure full
performance of On-line Banking. United Pacific Bank will be responsible
for acting only on those instructions sent through On-line 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.
United Pacific 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.
information You receive from United 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. United 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.
as otherwise provided in the United Pacific Bank's Responsibility
section below, neither United Pacific 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 On-line Banking.
PACIFIC BANK'S RESPONSIBILITY
as provided by other Agreement with You or applicable law, United
Pacific Bank will be responsible for Your actual losses if they
were directly caused by Our failure to:
an Electronic Funds Transfer as properly requested.
an Electronic Funds Transfer as properly requested.
We will not be responsible for Your losses if:
no fault of United Pacific Bank, You do not have enough money
in Your account to make the transfer.
no fault of United Pacific Bank, the transaction would have
caused You to exceed Your available credit.
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.
is a hold on Your account, or if access to Your account is blocked
in accordance with banking policy.
are subject to legal process or other encumbrance restricting
authorization terminates by operation of law.
someone has accessed Your accounts without Your permission and
You fail to notify Us immediately.
not properly followed the scheduling instructions on how to
make a transfer included in this Agreement.
received incomplete or inaccurate information from You or a
third party involving the account or transfer.
a reasonable basis for believing that unauthorized use of Your
Password or account has occurred or may be occurring, or if
You default under this Agreement, the Deposit Account Agreement,
a credit agreement, or any other agreement with us, or if We
or You terminate this Agreement.
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,
upon your request
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.
addition to this Agreement, You and United Pacific Bank agree
to be bound by and comply with the requirements of the agreements
applicable to each of Your On-line Accounts. Your use of the On-line
Banking 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 United Pacific 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).
TO THIS AGREEMENT
United Pacific 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 reserve the right to terminate this Agreement and Your use of the Services in whole or in part at any time without prior notice.
agree that you have had an opportunity to review, download or
to the United Pacific Bank On-line Banking Service, The Financial
Services and the Providers.
CHANGE IN TERMS
Pacific Bank may change, add, delete, or amend the terms of this
Agreement and its On-line Banking Service at any time by sending
You a notice.
are responsible for complying with all the terms of this Agreement
and with the terms of the agreement governing the deposit accounts
which You access using electronic banking services. We can terminate
Your On-line Banking privilege under this Agreement without notice
to You if You do not pay any fee required by this Agreement when
due, if You do not comply with the Agreements governing Your deposit
or loan accounts, Your accounts are not maintained in good standing,
We have reason to believe that here has been an unauthorized use
of the Service or Password, or there are conflicting claims to
the funds in Your account.
reserve the right to terminate Your use of On-line Banking Service
for any reason, with or without cause, without affecting Your
outstanding obligations under this Agreement, in which case United
Pacific Bank will promptly notify you.
You are not paying a monthly service charge for the Service, We
may convert Your account to inactive status if You do not sign
on to the Service or have any transaction scheduled through the
Service during any consecutive ninety (90) day period. 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.
You desire to cancel or terminate the On-line Banking Service,
You must notify United Pacific Bank and provide Your name, that
You are discontinuing On-line Banking Service, and the effective
date to stop the service. You may notify United Pacific Bank by
one of the following methods:
(626) 965-6230, 9:00 a.m. to 5:00 p.m. Monday to Friday.
a letter and either sending it to the following address or giving
it to a Banking Officer at any location:
S. Azusa Ave.
of Industry, CA 91748
United Pacific Bank may send notices and transaction information to You at Your account address that You provide Us in connection with this Service.
Agreement will be governed by the laws of the State of California
and federal law.
using the On-line 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 instructions, whether authorized or unauthorized,
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