Online Disclosures and Access Agreement

Welcome to AltaPacific Bank Online!

This Online PC Banking Agreement and Disclosure (the "Agreement") discusses how you can use AltaPacific Bank Online (the "Service") to obtain information about your accounts, to transfer funds between your accounts, and to request certain other bank services. It also contains the terms and conditions governing the Services.

YOUR AGREEMENT TO THESE TERMS AND CONDITIONS

If you use AltaPacific Bank Online and Services available through Online Banking, you thereby indicate your consent to these terms. You may print a copy of this Agreement for your records now, or visit www.apbconnect.com for a copy. Your registration for AltaPacific Bank Online confirms (1) your agreement to be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment that you received and understand the terms of this Agreement.

SECURITY & PROTECTING YOUR ACCOUNT

AltaPacific Bank is strongly committed to protecting the security and confidentiality of our customer accounts information. We use several techniques to help secure our Online Banking service, including the following:

• You can only access Bank with certain browsers that have a high security standard.

• Your account numbers are never displayed in full - only the last 4 digits can be viewed.

• You must have a valid Online Banking User ID and password to log on.

• If no action is taken for 30 minutes, you will be automatically logged off the Online Banking service.

Your Responsibility:

You agree....

Not to give out your identifying information such as your PC Password to any other person. The Bank may rely on your Access ID to identify you when providing banking services to you.

Never to leave your account information displayed in an area accessible by others.

Never to leave your PC unattended while using AltaPacific Bank Online.

To always exit the system by clicking on EXIT after using AltaPacific Bank Online.

To notify AltaPacific Bank Customer Service at 707-236-1500 or your Branch Office immediately if you suspect that your Access ID or Password has become known to any unauthorized person.

ALTAPACIFIC BANK ONLINE E-MAIL COMMUNICATIONS

Sending E-mail is a very good way to communicate with Bank regarding your accounts or the Online Banking Service. However, your e-mail is actually sent via your own software and, as a result, is not secure. Therefore, we will not send, and we strongly suggest that you do not send, any confidential account information unless using the electronic communication options provided in our Message or Contact Us section. Electronic messages sent and received via the Message and Contact Us option in AltaPacific Bank Online Banking (i.e., once your Access ID and Password have been accepted by the Bank and your browser shows that a secure connection has been established) are secure. You cannot use e-mail to initiate Online Banking transactions. All such transactions must be initiated using the appropriate functions within the Online Banking site. The Bank will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail. You agree that we may take a reasonable time to act on any e-mail. Correspondence that requires expeditious handling -- for example, if you need to report an unauthorized transaction from one of your accounts, or if you need to immediately stop payment on a check you have issued -- should be made by calling the Bank. You agree that AltaPacific Bank may send you electronic messages about other products or services we offer.

 

REGISTRATION

Business Accounts:

AltaPacific Bank business account customers must first contact the Bank to enroll in AltaPacific Bank Cash Management Online Banking. If approved, you will receive a Cash Management Agreement to complete and sign.

Accounts you want to link to an Access ID and activity level each account linked to the Access ID:

There are some limits on the accounts that can be linked to your Access ID. The person you appoint as your Access ID Administrator will decide which of your accounts to link to each Access ID and what activity level is appropriate for each account linked to the Access ID.

Activity Levels for Accounts Linked to Your Access ID:

There are different activity levels that can be assigned to an Access ID. All available accounts will have at least the Account Summary level. Only checking, money market, savings deposit accounts, and loan accounts may also have the second activity level. At the present time, the activity levels are:

(1) Account Inquiry: This activity level will allow you to obtain current account balance and transaction information for the previous 60 days. This activity level does not include transferring funds.

(2) Transferring Funds: This activity level allows you to obtain account information, to transfer funds between accounts linked to the Access ID, and to obtain certain other banking services. Each checking, money market, and loan account linked to your Access ID will have this activity level, unless you choose otherwise.

(3) Bill Payment: This activity level will include the right to make payments to third parties through our Online PC Banking Service.

FUNDS TRANSFER SERVICE

If you are a consumer, and you have an Access ID and Password from us, you will be able to transfer funds between your AltaPacific Bank accounts. If you do not want to have the ability to transfer funds between accounts using AltaPacific Bank Online, or if you want to restrict the accounts from which you can transfer funds using your Access ID and Password, call us at (707) 236-1500, or your Branch of Account, and we will make the necessary adjustments to this service for you.

Commercial customers must have an Access ID linked to an account with at least a Funds Transfer activity level to be able to transfer funds between accounts.

The terms that apply to the Funds Transfer Service are set forth more fully below.

Online Banking Funds Transfer Provisions

As an AltaPacific Bank customer, you can make immediate transfers between your AltaPacific Bank deposit accounts over the Internet and to other accounts at AltaPacific Bank. All such transfers are subject to the terms of these Online PC Banking Funds Transfer Provisions (the "Transfer Provisions").

You can also use AltaPacific Bank Online to transfer funds between certain line of credit accounts and your deposit accounts. Transfers are not permitted from one line of credit account to another line of credit account.

 

By using the Funds Transfer Service (the "Service"), you agree to these Transfer Provisions.

1. General Information.

a. Meaning of Terms. As used in the Transfer Provisions, the following words have the meanings given below.

"You" and "your(s)" refer to each person (including any business) who applies to use the Service, and each person who uses the Service with the permission of an applicant.

"Business" means any corporation, partnership, limited liability company, sole proprietorship or any other type of entity maintaining a deposit account for commercial purposes.

"We," "us," "our(s)," or "Bank" refer to AltaPacific Bank.

"Business Day" means Monday through Friday, except banking holidays.

b. Which Sections of These Provisions Apply to Consumer and Business Customers-Exclusion. When using the Service in connection with accounts established primarily for personal, family, or household purposes ("consumer" or "personal" accounts), Sections 1, and 2, (but not Section 3) of these Transfer Provisions apply to you. When using the Service in connection with accounts established primarily for business purposes, Sections 1, 2, and 3 of these Transfer Provisions apply to you.

c. Authorization to Charge Accounts. You are responsible for all transfers you or your authorized representative makes using the Service. You authorize us to debit your designated account(s) for any transactions accomplished through the use of the Service (including the transfer of funds from another deposit account or overdraft line of credit that provides overdraft protection, if you have one of those services in effect).

You agree that we may comply with transfer instructions entered by any one person using an authorized Access ID and Password, notwithstanding any provision that may be contained in other account documentation purporting to require more than one signature to withdraw funds from the account.

If you permit another person to use AltaPacific Bank Online Banking or give them your Access ID or Password, you are responsible for transfers, payments or advances that person makes from the deposit and credit accounts linked to your Service registration even if that person exceeds your authorization.

d. Schedule of Fees for the Funds Transfer Service. Fees applicable to the funds transfer service are disclosed under Charges and Fees below.

2. Online PC Banking Funds Transfer Service Particulars.

a. Types of Transfers; Posting. You can transfer funds between your Checking and Savings accounts using AltaPacific Bank Online. All such transfers are effective when you complete the transaction online.

You can also transfer funds between your deposit accounts and certain line of credit accounts using AltaPacific Bank Online. Transfers to a line of credit account will not be reflected in your line of credit account until the business day following the day on which you complete the transaction. You cannot transfer funds between line of credit accounts using the Service.

You can also transfer funds from your deposit accounts to those of other customers at AltaPacific Bank.

b. Limits On Transactions. There is a maximum dollar limit on any transfer equal to the available balance in your account plus the available balance or credit balance in any other account or line of credit attached to the deposit account to provide overdraft protection.

c. Availability. Funds must be available in the account from which you wish to transfer funds on the date you enter the transaction.

d. Restrictions on Transfers from Savings and Money Market Accounts. Under Federal Reserve Board Regulation D, you may make an unlimited number of deposits or transfers into a savings or money market account; however, you may make no more than six transfers or withdrawals out of such an account per monthly statement cycle (not counting transactions made at ATMs or at bank offices). Transfers made by telephone, personal computer or funds automatically transferred from a savings or money market account to another deposit account for overdraft protection are counted toward the six total permitted monthly transfers or withdrawals. If your transactions exceed the legal limit, we will charge you a fee for each such transaction in excess of the legal limit. If you exceed the restrictions more than three times during a 12-month period, we will close the savings or money market account and transfer the funds to a checking account. On Savings accounts, we charge a fee for each withdrawal or transfer in excess of three per month. The amount of these fees and the minimum balances necessary to avoid these fees, where applicable, are set forth in the Bank's Schedule of Fees and Charges and Deposit Account Agreement.

e. Insufficient Funds to Complete Transfer. If your account does not have sufficient funds to complete a transfer as of the date the transfer is scheduled to be made, the transfer may not be completed, but if we do complete the transfer as an accommodation to you, you are responsible for any overdraft created.

f. Correcting or Canceling Your Transfer. You cannot cancel your transfer after it has been entered in AltaPacific Online and the information transmitted to us. You can correct information about a transfer before you send us the information, and you can use AltaPacific Online to reverse a transaction after it has been entered.

g. Documentation and Verification of Transfers. The date and amount of transfers made through AltaPacific Online will be shown on the Transaction History screen of AltaPacific Online, and will also be shown on your printed statements for the accounts from which and to which the transfer is made.

h. Address and Telephone Number for Notification Of Unauthorized Use. If you believe your Access ID or password has become known by an unauthorized person, or that someone has transferred money without your permission, call AltaPacific Bank immediately at: (707) 236-1500, write to us at: 4845 Old Redwood Highway, Santa Rosa, CA 95403, or contact your Branch Office. If you suggest that an unauthorized transfer may have occurred, we may require you to sign an affidavit.

Also contact us with any other questions or problems that you may have regarding the Service, including:

  • You have a problem with a transfer you authorized, or your statement reflects a transfer that you think is in error.
  • You need to obtain documentation concerning a transfer previously issued from your account. (There may be a fee for these requests, as disclosed in the Schedule of Fees and Charges)

Unauthorized Transactions

You should notify us AT ONCE if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account(s). If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do NOT tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. 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 (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.

In Case of Errors or Questions about Electronic Transfers

When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days after we hear from you, and if we confirm an error, we will correct any error promptly. However, if we need more time, we may take up to forty-five (45) days to investigate your complaint or question. In this case, we may provisionally credit your account within ten (10) business days for the amount that you think is in error, so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If a notice of error involves a transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.

i. Disclosure of Account Information.- Our Privacy Commitment to You.

We recognize, respect and protect the personal privacy rights of all our customers. We realize that our customers entrust us with personal information and it is our policy to maintain our customers’ information in a confidential manner. We are committed to providing the highest level of security and privacy regarding the collection and use of our customers’ personal information, as well as personal information of all consumers who visit our bank and website.

Please refer to the Bank’s Privacy Notice provided with your Deposit Agreement and Disclosures and the Online Privacy Notice. Both Notices may be viewed on the Bank’s website.

3. Additional Provisions Applicable Only to Business Accounts.

When you transfer funds using AltaPacific Bank Online in connection with business accounts, the information in this Section applies to you.

a. Enrollment Form and Authorization. Before using the Service, you must execute and deliver to us the Cash Management Agreement which includes an Access Identifier Enrollment Form and respective Authorization levels. This enrollment form is incorporated by reference as part of this Agreement. Only a person whose Access ID has a "Financial Transaction" or "Bill Payment" activity level may sign up for the AltaPacific Bank Online Cash Management Funds Transfer Service.

b. Protecting Your Access ID and Password. You agree that we may send confidential mailings, including Access ID and Password confirmations, to the current address shown in our records for your primary checking account, and you further agree that Bank will not be responsible or liable to you in any way in the event that such addressed information is intercepted by an unauthorized person, either in transit or at your place of business.

You agree to: (1) keep your Access ID and Password secure and strictly confidential, providing them only to authorized signers on your account(s) or other trusted employees, agents, etc. who you want to act as your representative to access your account(s); (2) instruct each person to whom you give your Access ID and Password that he or she is not to disclose them to any unauthorized person; and (3) immediately notify us and select a new Access ID and Password if you believe your confidential codes may have become known to an unauthorized person.

The Bank shall have no liability to you for any unauthorized payment or transfer made using your Access ID and Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your Access ID and password, even without receiving such notice from you, if we suspect they are being used in an unauthorized or fraudulent manner.

c. Your Obligation to Examine Records And Report Discrepancies. The Bank provides no separate written confirmation of individual payments or transfers. Confirmation is provided through online information available from the Service and through your periodic account statements. You agree to examine your statement promptly and to notify us immediately of any discrepancy between the statement and your other account records. You also agree to notify us immediately of any discrepancy you may find in reviewing online information.

d. Acknowledgment of Commercially Reasonable Security Procedures. By using the 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 any 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 have had a reasonable opportunity to act on such notice).

e. Limitation of Bank's Liability. 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 shall be limited to a refund of the amount erroneously paid or transferred. 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.

STOP PAYMENT REQUESTS

You agree that the stop payment will not be effective until and unless Bank has a reasonable opportunity to act on it; Bank will not be responsible for failing to stop payment on the check if any of the information provided to Bank is incomplete or inaccurate; anyone holding the original check may be entitled to enforce payment on the check despite the stop payment order; and Bank’s records will be conclusive evidence of any information you provided when making the request. In the event you want to stop payment on a range of check numbers due to stolen or lost checks, you agree to contact the Bank for further instructions. Bank will not be liable for payment of the check contrary to your request unless payment is caused by Bank’s negligence and causes actual loss to you. You agree to indemnify, defend and hold the Bank and its employees harmless from and against all claims, actions, proceedings, damages, losses, liabilities and cost (excluding attorney’s fees) which relate to or arise out of stopping payment on the item described in your request. Bank’s liability shall not, in any event, exceed the amount of the check. Bank will charge a stop payment fee based on the fee schedule included in the fee schedule you have already received. Additional terms and information regarding stop payments may be found in your Deposit Account Agreement & Disclosure.

ELECTRONIC STATEMENTS (E-STATEMENTS)

E-statements are available to you at no cost and will allow you to view your current and past account statements for all of your checking accounts on a secure website through Online Banking. You have the option to receive electronic monthly/periodic statements for any of your eligible checking accounts (accounts) with the Bank that are linked to and accessible through AltaPacific Bank’s Online Banking. If you want to receive electronic account statements on any eligible account instead of statements sent to you by mail, you agree and acknowledge your understanding of the following:

1. You agree to the electronic delivery to you of the Online Banking Agreement and any monthly/periodic account or billing statements that are required under applicable law to be delivered to you in writing with respect to each of your statement deposit accounts that have been converted to electronic statement delivery pursuant to your instructions and this Agreement.

2. The Bank will deliver any applicable electronic statement to you by making such statement available online through your Online Banking Account for you to access at your convenience. You will be responsible for viewing each of your electronic account statements in a timely manner so as to comply with any payment due dates, error resolution requirements and time periods, and any other terms and conditions of your accounts affected by this Agreement.

3. YOUR ELECTRONIC STATEMENTS WILL BE MADE AVAILABLE ONLINE IN A PORTABLE DOCUMENT FORMAT (PDF) FILE. ACCORDINGLY, YOU WILL NEED TO HAVE ADOBE® ACROBAT® READER® OR COMPATIBLE SOFTWARE INSTALLED ON YOUR COMPUTER IN ADDITION TO YOUR NORMAL INTERNET BROWSER SOFTWARE IN ORDER FOR YOU TO ACCESS, VIEW OR PRINT YOUR ELECTRONIC STATEMENTS MADE AVAILABLE HEREUNDER. TO DOWNLOAD A FREE COPY OF ADOBE® ACROBAT® READER®, PLEASE VISIT WWW.ADOBE.COM.

MOBILE BANKING SERVICE AGREEMENT

This Mobile Banking Service Agreement (Agreement) governs how you can use AltaPacific Bank Mobile Banking Service (Service) to obtain information about your accounts, to transfer funds between your accounts, and to request certain other bank services. It also contains the terms and conditions governing Service. If you use AltaPacific Bank Mobile Banking, you thereby indicate your consent to these terms. This Agreement is an Addendum to and includes the terms of your Online Banking or Cash Management Agreement.

 

Mobile Banking Functions: To access Mobile Banking service and functions, your Mobile Device must be Internet enabled and connected to the Internet through your mobile communications service provider. You must be enrolled in Online Banking or Cash Management. Not all functions described in your Online Banking Agreement or those available at the Online Banking website may be available with Mobile Banking. From time to time we will add and may modify or delete particular Mobile Banking functions or geographic areas served by the Service. We may make changes in functions or service with or without prior notice. We reserve the right to refuse to make any transaction that you may request through the Service.

We will use reasonable efforts to make the Service available for your use on a continuous basis. Service may be temporarily unavailable for regular or emergency maintenance. In addition, access to the Service may be interrupted because of conditions beyond our control, including outages in Internet availability. We will use commercially reasonable efforts to re-establish the Service in those instances, but we do not promise Service will always be available for your use. In no event, regardless of cause, shall we be liable to you for unavailability of Service, or your inability to access Service, or to execute the Service functions. We can also terminate the Service if we believe that an actual or potential unauthorized use of your Access ID, Password or account may be occurring. AltaPacific Bank reserves the right to terminate your access to the AltaPacific Mobile Banking Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.

Charges and Fees: Currently we charge no fees to enroll in or use Mobile Banking Service. However, we may assess fees set forth in your Account Agreement and Disclosure, and Schedule of Fees and Charges disclosure received at account opening and in any subsequent editions or amendments. You agree to pay Bank the fees to be published by Bank from time to time.

Privacy: Information about your accounts is governed by our privacy policy, which can be found at www.apbconnect.com and which you have already received.

Virus Protection and Security: You agree that AltaPacific Bank is not responsible for any electronic virus that you may encounter using Mobile Banking. You agree that you are responsible for maintaining the confidentiality and security of your mobile device, and preventing unauthorized access to or use of the information you transmit or use in the Service. You agree to notify us immediately if you become aware of any loss, theft, or unauthorized use of any Access Information, including your mobile device.

Acceptance of Agreement: Before using the Service you must consent to receive notices and disclosures electronically and read and accept this Agreement. You agree you are deemed to accept and automatically renew that consent and acceptance each time you log in as a user of Service. Your registration for AltaPacific Bank Mobile Banking confirms (1) your agreement to be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment that you received and understand the terms of this Agreement. Your use of Mobile Banking may also be affected by other agreements between you and Bank, including, without limitation, our EFT Agreement and the Account Agreement.

 

TEXT BANKING

SUMMARY OF TERMS: By entering your phone number you acknowledge that you agree to the terms of service and are subscribed until you send STOP to APB Text Banking, provided by AltaPacific Bank. APB Text Banking works with major mobile carriers but is not compatible with all handsets. Message & Data rates may apply. You confirm that you hold the account corresponding to the mobile phone number entered, or that you have the account holder’s permission to use this service. For help, send HELP to 226563. To cancel, text STOP to 226563 at anytime. For support, call us at 707-236-1500 or your branch of account.

Supported Carriers

Text Banking alerts and services are available on the following carriers:

ATT&T®, Sprint®, T-Mobile®, U.S. Cellular®, and Verizon Wireless SM.

SMS Terms and Conditions

Program Description - For information and funds transfer between your enabled accounts, text the following commands to 226563:

B         Account Balance

C         Commands

H         Account History

HELP  Help Content

STOP   Disable Text Banking (for the enrolled mobile device; to reactivate, login to Online Banking.)

T           Transfer

Cost

Message and data rates by your mobile carrier may apply.

How to opt-out

To opt-out of APB Text Banking Alerts, reply STOP to 226563. An unsubscribe message will be sent to your number confirming the cancellation, but no more messages will be sent after that one.
 

Support/Help

For support or information about APB Text Banking Alerts, reply HELP to 226563. If you have any questions, please call at 707-236-1500 or your branch of account.

BILL PAYMENT SERVICE TERMS AND CONDITIONS

IMPORTANT - Please read carefully. This is your agreement with AltaPacific Bank. By using the AltaPacific Bank’s Bill Payment Service you agree to be bound to the terms and conditions herein.

DEFINITIONS

"Agreement" shall mean all terms and conditions defined herein.

“Bank”, “we”, or “us” shall refer to AltaPacific Bank.

"Service" shall mean the Bill Payment Service offered by the Bank and associated third party providers.

"You" or "Your" or “Subscriber” shall mean each person who signs the bill payment enrollment form or is otherwise authorized to use the Service.

"Payee" shall mean the individual, business or other entity to which you intend to send a payment through the Service and for which you accurately provide and maintain the appropriate or required information such as name, bill remittance / payment delivery address, phone number, account number and account holder name; and to whom you authorize the Bank to remit payments on your behalf through the Service.

“Payee List” shall mean your personal list of Payees that you maintain within the Service and from which list you may select to schedule Payments.

"Merchant" shall mean any business Payee you establish within the Service for whom the Service provider has established a business relationship expressly for the purpose of remitting Payments from the Service.

"Funding Account" shall mean the checking or similar account for which you are an authorized signer, and from which the Bank may debit or otherwise collect the funds necessary to remit the Scheduled Payment to the corresponding Payee, per your instructions.

“Fee Account” shall mean the checking or similar account for which you are an authorized signer, and from which the Bank may automatically debit or otherwise collect all Service fees.

"Business Day" shall mean every Monday through Friday, excluding Bank holidays.

“Scheduled Payment” shall mean the payment instructions you establish within the Service in order to properly direct funds from the Funding Account you designate to the Payee you designate.

“One-Time Payment” shall mean a Scheduled Payment that results in a single payment delivered to the Payee per your instructions.

“Recurring Payment” shall mean a Scheduled Payment that results in a series of payments delivered to the Payee at regular intervals per your instructions, and shall continue to do so until you cancel it or until the maximum number of payments and/or final payment date that you specified is reached.

“Payment” shall mean the specific single instance of a One-Time Payment or a specific instance of a Recurring Payment, as the case may be.

“Payment Amount” shall mean the monetary figure you specify in a Scheduled Payment, including the regular amount and the final amount of a Recurring Payment series, that the Service shall remit to the Payee.

"Payment Date" or “Withdraw On Date” or “Withdrawal Date” shall mean the Business Day on which you schedule the Payment to be debited from your Funding Account, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date on which sufficient available funds must exist in the Funding Account.

“Due Date” or “Deliver By Date” or “Delivery Date” shall mean the Business Day on which you schedule the Payment to be delivered to your Payee, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date you determine to be most appropriate to deliver payment to your Payee considering such factors as the Payee-specified date payment due, grace period, late payment policy or late fee, and/or your knowledge of actual time required for the Payee to receive and process the payment and to credit your account with the Payee, and/or the urgency/criticality of payment delivery, as the case may be.

“Cut-Off Time” shall mean the time of day that Payments to be processed that day shall be processed, and after which time the earliest possible Payment Date or Withdraw On Date and Due Date or Deliver By Date shall be calculated from the next Business Day.

BILL PAYMENT SERVICE

You may use the Bank’s Bill Payment Service, to direct the Bank and/or Service provider to make payments from your Funding Account to the Payees you choose in accordance with this Agreement. The terms and conditions of this Agreement are in addition to the Account agreements, disclosures and other documents in effect from time to time governing your Funding Account.

RESPONSIBILITY

The Service provider shall use commercially reasonable efforts to process the Scheduled Payments per your instructions. Neither the Service provider nor the Bank shall be liable for any Payment transaction if: (i) you do not have enough money in your Funding Account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your Funding Account is closed or has been frozen, or is otherwise not authorized to debit the corresponding Payment Amount; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with the Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide complete and correct Funding Account, Payment or Payee information; (viii) you did not properly follow the instructions or terms and conditions for use of the Service; (ix) you knew and/or had been advised that Service was not operating properly at the time you scheduled the Payment; (x) there is a postal delay; or (xi) circumstances beyond the Service provider’s control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.

With the exception of the foregoing, if the Service incorrectly debits your Funding Account and/or directs funds from your Funding Account to a Payee inconsistent with the instructions you specified in the Scheduled Payment, the Service shall, upon detecting the error or receiving notice from you, be responsible for returning the improperly transferred funds to your Funding Account and/or redirecting funds to the proper Payee and/or contacting the Payee to request appropriate adjustments on your account with the Payee except as otherwise provided under the Authorization section below.

LIABILITY

You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. The Bank and/or Service provider is not responsible for a Payment that is not made if you did not properly follow the instructions for making a Payment. The Bank and/or Service provider is not liable for any failure to make a Payment if you fail to promptly notify the Bank after you learn that you have not received credit from a Payee for a Payment. The Bank and/or Service provider is not responsible for your acts or omissions or those of any other person, including, without limitation, any Payee or transmission or communications facility, and no such party shall be deemed to be the Bank’s and/or Service provider's agent. In any event, the Bank and/or Service provider will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Bank and/or Service provider has knowledge of the possibility of them. The Bank and/or Service provider is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Bank's and/or Service provider’s reasonable control.

 

RESTRICTIONS

You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Service. You may not gain, or attempt to gain, access to any Service Provider and/or Bank server, network or data not specifically permitted to you by Bank or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Bank or its suppliers. You may not engage in any activity or business that is unlawful under the Unlawful Internet Gambling Enforcement Act of 2006, 31 USC 5361, et. seq. (UIGEA). You may not use the Service to process transactions that arise out of a business that is unlawful under the UIGEA. You may not generate international transactions (IATs) or any transactions that violate the laws of the United States. This includes, but is not limited to sanction laws administered by the Office of Foreign Assets Control (OFAC).

SETTING UP AND MAINTAINING PAYEES

To begin using the Service you will first need to establish at least one Payee in your Payee List. You may add, modify or delete Payees as necessary. It is your responsibility to manage your Payee List and maintain accurate Payee information, such as but not limited to the address to which the Payee specifies Payments are to be delivered, your account number with the Payee, the name on your account with the Payee, etc. except where the Service expressly indicates that it shall manage such Payee information, such as a Merchant’s remittance address. Payees must reside or exist within the United States of America or its territories or commonwealths. The Service provider and/or the Bank reserve the right to refuse or remove a Payee for any reason.

SETTING UP PAYMENTS

To schedule Payments you must choose a Payee from your Payee List. You may schedule One-Time Payments and Recurring Payments to any of your Payees. It is your responsibility to cancel, skip, reschedule or revise a Scheduled Payment in accordance with the Payee’s instructions to you, or as needed to ensure sufficient available funds in the corresponding Funding Account, or under circumstances where the Payee may return the Payment to the Service provider due to any reason outside the Service provider’s or the Bank’s control. The Service provider and/or the Bank reserve the right to refuse or cancel a Payment for any reason.

The earliest possible Payment Date / Withdraw On Date and Due Date / Deliver By Date for each Payee will be determined and presented by the Service when you schedule a Payment. The Service will not permit a Payment Date / Withdraw On Date or Due Date / Deliver By Date earlier than the earliest possible dates presented. The Service determines this earliest possible Payment Date / Withdraw On Date and Due Date / Deliver By Date based on the number of Business Days required to deliver a Payment to the Payee, which is primarily affected by whether or not the Payee has agreed to accept remittance of Payments electronically (typically 1 or 2 Business Days) or requires Payments be delivered by check (typically 4 or 5 Business Days). A Payee’s location or policies for posting and crediting payments may require additional Business Days. The Cut-Off time for Payments is 1:00 p.m. Pacific Standard Time, but the Service provider and/or the Bank may change the Cut-Off Time without prior notice.

You should carefully consider factors such as the Payee’s date payment due, grace period, whether the Payee’s date payment due falls on a non-Business Day, etc. when scheduling a Payment to avoid late payments and late fees. You must allow the necessary number of Business Days prior to the Payee’s date payment due for each Payment, including each Payment of a Recurring Payment series. Some businesses take longer to post payments than others. You should consider allowing additional time for the initial Payment to a Payee through the Service in order to gauge the appropriate Payment Date / Withdraw On Date or Due Date / Deliver By Date in each case, and determine whether to allow an additional one (1) or two (2) business days to avoid incurring any late fee charged by the Merchant. It is your responsibility to schedule Payments appropriately and in accordance with the Payee’s requirements. Neither the Service provider nor the Bank shall be responsible for late payments, nor reimburse you for late fees, for any Payment delivered in accordance with your instructions, or as a result of a Payee’s payment processing policies, or any other circumstance outside the Service provider’s control.

Payments to Payees, businesses or individuals, outside the United States of America or its territories or commonwealths, are prohibited.

EDITING OR CANCELING PAYMENTS

Any Payment can be modified or canceled, provided you access the Service prior to the Cut-Off Time on the Business Day Payment is going to be processed. Once a Payment is in-process, it cannot be canceled through the Service. Instead, you must contact Customer Service to request a stop payment. A Recurring Payment may be edited or canceled after processing for the current Payment instance is complete.

STOP PAYMENT

You may request to stop payment after a payment has been processed by contacting Customer Service. The Service’s ability to successfully stop payment depends on how the funds were remitted to the Payee and the elapsed time since the Payment was processed. The Service provider and the Bank will make commercially reasonable efforts to stop payment per your request, but shall have no liability if unsuccessful. You may be charged a stop payment fee for each request.

EXCEPTION PAYMENTS

Tax payments and court ordered payments may be scheduled through the Service; however such payments are discouraged and must be scheduled at your own risk. In no event shall the Bank or Service provider be liable for any claims or damages resulting from you scheduling these types of payments. The Service provider shall have no obligation to research or resolve any claim resulting from any such payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be your sole responsibility.

BILL PAYMENT PROCESS

The Service will process Payments in accordance with the Payment instructions you provide. The Service will not process Payments on weekends or bank holidays. The Service will debit your Funding Account or issue a draft against your Funding Account, and deliver those funds to the designated Payee on your behalf such that the funds arrive as close to the scheduled Due Date / Deliver By Date as is reasonably practicable.

Numerous business and technical requirements determine if a Payee can accept Payments electronically, but in all cases Payments can be remitted by check. The Service provider shall have sole discretion to determine the appropriate remittance method. In order to process Payments efficiently and effectively, or otherwise comply with Merchants’ remittance requirements, the Service reserves the right to change or update Payee data, or alter the method of Payment remittance. Neither the Service provider nor the Bank shall be responsible for late payments, nor reimburse you for late fees, due to: a) U.S. postal delivery issues; b) electronic remittance network issues; c) your Payee’s payment processing procedures; d) instances where the financial risk associated with the Payment requires check remittance instead of electronic remittance or additional Business Days to ensure sufficient funds in the Funding Account are available; or d) other circumstances beyond its control.

Some Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations.

AUTHORIZATION

When you schedule a Payment, you expressly authorize the Service provider and/or the Bank to withdraw from your Funding Account the Payment Amount and to remit those funds to the designated Payee on your behalf, and additionally to debit your Funding Account for any applicable Service related fees. You further authorize the Bank to credit your Funding Account for any payment returned from or undeliverable to the Payee. In addition, you certify that the Funding Account is an account from which you are authorized to make payments and incur debits.

You agree to have available and collected funds on deposit in the designated Funding Account in amounts sufficient to process each Payment as requested by you, as well as any other payment obligations you have to the Bank. The Bank reserves the right, without liability, to reject or reverse a Payment if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in the Funding Account and the Bank has not exercised its right to reverse or reject a Payment, you agree to pay for such Payment obligations on demand. You further agree the Bank, at its option, may charge any of your accounts at the Bank to cover such Payment obligations.

You authorize the Service provider and the Bank to contact your Payees to request appropriate adjustments consistent with your Payment instructions and/or as pertaining to the Service Guarantee and Responsibility, and/or to stop payment on any draft issued against your Funding Account in connection with the Service in the unlikely event that the Service remits funds incorrectly to any of your Payees, and/or to withdraw funds from your Funding Account in such event if you otherwise receive the benefit of the amount of such incorrectly remitted funds.

RETURNED PAYMENTS

In using the Service, you understand that Payments may be returned by or to the Service provider for various reasons including but no limited to: the account or account number at the Payee is not valid, the Payee address is not valid, the Payee returns or rejects the remittance item, the account at the Payee has been paid in full or has been turned over to another company or individual. The Service shall use commercially reasonable efforts to research and correct the returned payment, or void the payment and credit your Payment Account. You may receive notification from the Service.

FEES

The fee for the Bill Payment Service is $5.00 per month, with the first three (3) months free. Fees may also be assessed as set forth in your Account Agreement and Disclosure, and Schedule of Fees and Charges disclosure received at account opening and in any subsequent editions or amendments. You agree to pay Bank the fees to be published by Bank from time to time.

Some Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations.

ACCOUNT SECURITY

You are solely responsible for controlling the safekeeping of and access to your user identification, password or other means to access your account. You agree not to give out or make available your user identification, password, access code, authenticating image or other means to access your account to any unauthorized individuals. You are responsible for all Payment transactions authorized by you or by anyone to whom you provide access to your Bill Pay account. You are liable for all Payment transactions you make or that you authorize another person to make even if that person exceeds his or her authority.

UNAUTHORIZED ACTIVITY

You should notify us AT ONCE if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account(s). If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do NOT tell us with the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. 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 (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.

IN CASE OF ERRORS OR QUESTIONS ABOUT ELECTRONIC TRANSFERS

When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days after we hear from you, and if we confirm an error, we will correct any error promptly. However, if we need more time, we may take up to forty-five (45) days to investigate your complaint or question. In this case, we may provisionally credit your account within ten (10) business days for the amount that you think is in error, so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If a notice of error involves a transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.

ELECTRONIC MAIL (E-MAIL)

Sending E-mail is a very good way to communicate with Bank and/or Service provider regarding your accounts or the Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail communication. You cannot use e-mail to initiate Service transactions. All such transactions must be initiated using the appropriate functions within the Service. Neither the Service provider nor the Bank shall be liable for any errors, omissions, claims, or problems of any kind involving your e-mail. We will not send, and we strongly suggest that you do not send, any confidential account information unless using the electronic communication options provided in our Contact Us section. Electronic messages sent and received via the "Contact Us" option in AltaPacific Bank Online (i.e., once your Access ID and Password have been accepted by the Bank and your browser shows that a secure connection has been established) are secure. You agree that we may take a reasonable time to act on any e-mail. Correspondence that requires expeditious handling -- for example, if you need to report an unauthorized transaction from one of your accounts, or if you need to immediately stop payment on a check you have issued -- should be made by calling the Bank. You agree that AltaPacific Bank may send you electronic messages about other products or services we offer.

DISCLOSURE OF INFORMATION

It is our policy to treat your Bill Pay Service account information as confidential. However, Service provider and/or the Bank may disclose certain information about you, your accounts and/or Payments to third parties in situations such as: when necessary to complete a Payment transaction per your instructions; when necessary to activate additional services per your request; in order to determine credit worthiness; in order to comply with government agency or court orders, financial services regulations or law; or if you give Bank or Service provider written permission.

Information submitted to the Service provider or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by the Bank or prohibited by law.

ACCOUNT AND CONTACT INFORMATION

It is your sole responsibility to maintain accurate and complete contact information and Funding Account information in your user profile. This includes, but is not limited to, name, address, phone numbers and email addresses, and verifying account numbers. Changes can be made within the Service or by contacting Customer Service. Changes you make are typically effective immediately. Neither the Service provider nor the Bank shall be responsible for any payment processing errors or fees incurred if you do not provide accurate Funding Account or contact information.

LINKS TO OTHER SITES

Information that the Service provider or the Bank publishes on the World Wide Web may contain links to other sites and third parties may establish links to Service’s site. Neither the Service provider nor the Bank makes any representations or warranties about any other web site that you may access to, from or through the Service’s site. Unless expressly stated in writing, neither the Service provider nor the Bank endorse the products or services offered by any company or person linked to this site nor is the Service provider or the Bank responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.

VIRUS PROTECTION

Neither the Service provider nor the Bank is responsible for any electronic virus that you may encounter using the Service. You are encouraged to routinely scan your computer and files using reliable virus protection products to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.

DAMAGES AND WARRANTIES

In addition to the terms previously disclosed, The Bank and/or Service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by the use of the Bill Payment Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Bank or one of its suppliers. In addition, Bank and/or Service provider disclaim any responsibility for any electronic virus(es) Subscriber may encounter after installation of such software or use of Bill Payment Services. Without limiting the foregoing, neither Bank and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networks. Bank and/or Service provider and its suppliers provide Bill Payment Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Bank nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Services, or contained in any third party sites linked to or from Bank and/or Service provider’s web sites. BANK AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. BANK AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

INDEMNIFICATION

Subscriber shall indemnify, defend and hold harmless the Bank and Service provider and their affiliates, officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Subscriber’s negligence; (ii) Subscriber’s failure to comply with applicable law; or (iii) Subscriber’s failure to comply with the terms of this Agreement.

ADDITIONAL REMEDIES

Due to the likelihood of irreparable injury, the Bank and Service provider shall be entitled to an injunction prohibiting any breach of this Agreement by Subscriber.

AMENDMENT AND TERMINATION

The Bank and Service provider reserve the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, you will be notified by: 1) electronic mail; 2) physical mail at the address shown in our records; 3) update of our web site; and/or 4) as otherwise permitted by law. Your continued use of the Service after being notified of changes to this Agreement shall constitute your agreement to such changes.

You may terminate this Agreement by written notice to the Bank. Neither the Bank nor Service provider is responsible for terminating any scheduled One-Time Payment nor Recurring Payment processed prior to a reasonable opportunity to act on your termination notice. Once your Service is terminated, all of your scheduled One-Time Payments and Recurring Payments shall be terminated as well. You remain obligated for all Payments made by the Service on your behalf under this Agreement.

APPLICABLE RULES, LAWS, AND REGULATIONS

You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of California, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Sonoma County, California, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.

ASSIGNMENT

The Bank and Service provider may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party. Subscriber may not assign this Agreement to any other party.

INTEGRATION

This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and the Bank.

SEVERABILITY

If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Bank, this Agreement will control.

DISPUTES

In the event of a dispute regarding the Service, you and the Bank and Service provider agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what is said by a Service provider and/or Bank employee or Customer Service Department and the terms of this Agreement, the terms of this Agreement shall prevail.

WAIVER

The Bank and Service provider shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Bank and/or Service provider of a breach of this Agreement shall constitute a waiver by such party of any prior or subsequent breach of this Agreement.

FORCE MAJEURE

Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.

CONSTRUCTION

This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.

MISCELLANEOUS PROVISIONS RELATED AGREEMENTS

Your AltaPacific Bank accounts accessed by AltaPacific Bank Online Banking continue to be governed by the following AltaPacific Bank agreements and documents, as they are amended from time to time:

(1) Deposit Agreement and Disclosures, (2) the applicable Personal or Business Schedule of Fees, (3) the applicable Miscellaneous Fees for Personal or Business Accounts. If you have overdraft protection that is accessed by the Service, it continues to be governed by the applicable agreements you have with AltaPacific Bank. If any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency.

 

OUR ABILITY TO TERMINATE SERVICES

You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the accounts to or from which transfers are made using the Service. We can terminate your electronic banking privileges under this Agreement without notice to you if you do not pay any fee when due, or if you do not comply with any agreement governing your accounts, or if any such account is not maintained in good standing.

We can also terminate the Service if we believe that an actual or potential unauthorized use of your Access ID, Password or account may be occurring.

AltaPacific Bank reserves the right to terminate your access to the AltaPacific Bank Online Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.

AMENDMENT

We can amend this Agreement upon notice to you, which you agree may be sent by e-mail. Any notice will be effective not later than ten (10) days after we send the notice (unless a law or regulation requires a longer notice period), whether or not you have retrieved the notice by that time.

NEW SERVICES

We may, from time to time, introduce new services that are part of AltaPacific Bank Online. We will update this Agreement to notify you of these new services. By using AltaPacific Bank Online after those new services become available, you agree to be bound by the terms contained in the revised agreement.

VIRUS PROTECTION

You agree that AltaPacific Bank is not responsible for any electronic virus that you may encounter using AltaPacific Bank Online. We encourage you to routinely scan your PC using any reliable virus protection product to detect and remove any viruses found. Undetected or un-repaired, a virus may corrupt and destroy your programs, files and even your hardware.

OUR LIABILITY

Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither AltaPacific Bank nor any of its subsidiaries shall be responsible for any damages, loss, property damage or bodily injury, incurred as a result of your using or attempting to use the AltaPacific Bank Online Service, whether caused by the equipment, software, Internet browser providers such as Microsoft (Microsoft Internet Explorer browser), Internet access providers or on-line service providers or an agent or subcontractor of any of the foregoing. Nor shall Bank or any third party service providers engaged by Bank be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, AltaPacific Bank Online or Internet browser or access software, or from the unavailability of AltaPacific Bank Online or for any errors in information provided through that service.

CHARGES AND FEES

Customer Service requests for which you may be charged by AltaPacific Bank include ordering copies of checks, copies of statements or other requests made through the 'Send a Request' option. These service requests are subject to Bank's normal service charges and fees that were disclosed at account opening and in any subsequent editions of or amendments to your Schedule of Fees and Charges disclosure. You agree to pay Bank the fees to be published by Bank from time to time. Please refer to the latest version of your Schedule of Fees & Disclosure document and any applicable amendments.

ENTIRE AGREEMENT

This Agreement, as it may be amended from time to time, and if you are a business customer, your Cash Management Agreement, including Access ID Agreement and Disclosure and the Access Identifier Enrollment Form, contain the entire understanding between you and AltaPacific Bank concerning the AltaPacific Bank Online service, and supersedes any verbal conversations, other communications, and previous agreements, if any.

YOUR AGREEMENT TO THESE TERMS AND CONDITIONS

Your registration for AltaPacific Bank Online confirms (1) your agreement to be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment that you received and understand the terms of this Agreement.

HEADINGS AND CAPTIONS

The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions hereof.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.