Personal Online Banking Agreement

and

Bill Pay Agreement & Disclosure

Pacific Alliance Bank (PAB) is pleased to offer Online Banking services. Delivering these services requires a solid security framework that protects you and our data from outside intrusion. We are committed to working with our Internet, information technology, and communications service providers to produce the safest operating environment possible for you.

As used in this Agreement, the words "we," "our," "us", and “PAB” mean Pacific Alliance Bank. “I”, “you” and "your" refer to the account holder authorized by Pacific Alliance Bank to use Online Banking under this Agreement and anyone else authorized by that account holder(s) to exercise control over the account holder's funds through Online Banking. "Account" or "accounts" means your online accounts. "Electronic funds transfers" mean transfers to and from your accounts using Online Banking, including bill payments. "Online Banking Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday, excluding holidays.

This Agreement is a contract establishing the rules, which cover your electronic access to your accounts at PAB through Online Banking.  You may access the PAB web site at www.pacificalliancebank.com.

Online Banking Disclosures

Please carefully read the Agreement below. This agreement includes your rights and obligations as a user of Online Banking Service. It also describes the rights and obligations of Pacific Alliance Bank. By pressing the, "I Agree" button below, you agree to comply with the terms and conditions of this Agreement

The first time you access your account(s) through Online Banking you will need to confirm your agreement to abide by the terms and conditions of this Agreement and acknowledge your receipt and understanding of this disclosure by pressing the, "I Agree" button. We may change the terms or amend this Agreement from time to time without notice or as otherwise provided by law. Each time you use our Services or you permit any other person to use our Services, you are agreeing to the terms and conditions that we have set out in this agreement, as amended, and each amendment thereto from time to time by us.

For security purposes, you are required to change your Access ID and Password upon your initial login to Online Banking. You determine what Access ID and Password you will use and the identity of your password is not communicated to us. For your protection, we recommend that you frequently change your personal password used to access Online Banking. (You can change your password under the Change Password button.) You agree to hold your Password and Access ID in strict confidence and you will notify us immediately if your Password and/or Access ID is lost or stolen. As a precaution, it is recommended that you memorize your Password and Access ID and do not write either down. Passwords should not be easy to guess; for example, your children's or pet's names, birth dates, addresses or other easily recognized identifications related to you. It is also recommended you do not have your browser automatically remember your password. The Access ID must contain at least 6 characters while your Password is required to be between 8 and 16 characters. Your Password must contain at least one numeric character, one Upper alpha character and one lower alpha character. Both your Access ID and Password are case sensitive.

Services

You may access your account(s) by computer through the internet by logging onto our website at www.pacificalliancebank.com and using your access ID and password, to get:

Real time deposit account balance inquiry and information

Real time transfer of funds between accounts

Transaction history with Check Images

Transaction Sorting

Loan Payments

Bill Payment (need to enroll separately)

Fees

Recommended System Requirements

The recommended system requirements include:  Processor Pentium 90, RAM 32 MB, Modem Speed 28.8 kbps, and Browser (128 bit encryption).  We recommend Netscape Navigator 4.0 or higher, Microsoft Internet Explorer 4.01 or higher, or America Online Browser 4.0, but the site has been built to work with all major browsers that have been tested and approved.  PAB also requires that each user’s browser have a minimum configuration.  This allows PAB to store user information and to maintain strict security standards.  These browser settings are as follows:  Cookies allowed, Java script enabled, and Secure Socket Layer (SSL) version 2.0 or higher.

Hours of Access

Online Banking is available seven days a week, twenty-four hours a day, although occasionally some or all Online Banking services may not be available due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the Online Banking website.

Security

You understand the importance of your role in preventing misuse of your accounts through Online Banking, and you agree to examine the statement for each of your accounts. You agree to protect the confidentiality of your account and account number, and your personal identification information.  You understand that personal identification information by itself or together with information related to your account may allow unauthorized access to your account. Your Access ID and password are intended to provide security against unauthorized entry and access to your accounts. It is recommended that you do not use the password savings function, as this only increases the risk of an unauthorized person accessing your information or performing unauthorized transactions. Data transferred via Online Banking is encrypted in an effort to provide transmission security; Online Banking utilizes identification technology to verify that the sender and receiver of Online Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the Online Banking is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Online Banking, or email transmitted to and from us, will not be monitored or read by others.  INTERNET E-MAIL IS NOT A SECURE METHOD OF COMMUNICATION AND WE RECOMMEND YOU DO NOT SEND CONFIDENTIAL INFORMATION BY INTERNET E-MAIL.  YOU CANNOT USE INTERNET E-MAIL TO INITIATE TRANSACTIONS ON YOUR ACCOUNT(S).

Multifactor authentication (MFA)

MFA provides an additional layer of login security to protect you from online fraud and identity theft.  MFA, the use of a second level of customer authentication in addition to the standard user ID and password, is one of the most effective ways to deter fraudulent online activity.   If the system does not recognize your computer, you will be asked three security questions that only you know the answers as an additional line of defense to prevent unauthorized access.  The solution combines the traditional customer user code and password with something you already possesses: a computer. The result for you is end-to-end protection against phishing, spoofing, keyboard logging and other fraudulent attacks – all without the need to install any new software.  If the system does not recognize your computer, you will be asked three security questions that only you know the answers as an additional line of defense to prevent unauthorized access.

Additionally, when you access to the bank’s website for online banking, a secret image unique and pass phrase that you selected during the enrollment process will display.  Being visual, it’s easy to notice and remember. When you are logging into your website and see the secret image, you will instantly know you are accessing the Bank’s website, not any illegitimate sites.

Site Disclaimer

Every effort has been made by the Pacific Alliance Bank to give accurate and reliable information in the Pacific Alliance Bank’ web site. Please be aware that due to the possibility of human and mechanical errors, as well as other factors, the Pacific Alliance Bank is not responsible for errors and omissions confined herein.

All information in the Pacific Alliance Bank’ web site is provided "as is," without warranty of any kind. The Pacific Alliance Bank makes no representations and specifically disclaims any express or implied warranties to users or any third parties, including but not limited to, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any purpose. The content of this web site may not be used for commercial or non-commercial use without the express written consent of the Pacific Alliance Bank

The Pacific Alliance Bank shall not be liable under any circumstances to users and/or third parties for indirect, consequential, incidental or punitive damages as a result of using the web site. Even if the Pacific Alliance Bank is advised of the possibility of such damages, the Pacific Alliance Bank shall not be liable.

The Pacific Alliance Bank’ web site may include access to external web sites, known as "links". Please note that the Pacific Alliance Bank is not associated with and has no control over the content or information on such links and, therefore, is not responsible for any such links or external web sites. The Pacific Alliance Bank does not endorse, promote, and/or sanction these links. The links have been provided for your convenience. The content or information in such links is the sole responsibility of their authors and/or owners.

Our Liability

Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

If through no fault of ours, you do not have enough money in your account to make the transfer.

If you have an overdraft line and the transfer would go over the credit limit.

If the automated teller machine where are making the transfer does not have enough cash.

If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.

If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

There may be other exceptions stated in our agreement with you.

Confidentiality

We will disclose information to third parties about your account or the transfers you make:

where it is necessary for completing transfers; or

in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or

in order to comply with government agency or court orders; or

as explained in the separate Privacy Disclosure.

Bill Pay Agreement & Disclosure

Welcome to our Bill Pay Service.  Use of the Bill Pay Service indicates acceptance of terms and conditions set forth in the PAB Personal Online Banking Agreement and the terms and conditions set forth in this Bill Pay Agreement & Disclosure as each may be jointly and/or independently amended from time to time. This Agreement is provided in electronic form, and by using the Bill Pay Service you agree to accept the Agreement in that form.  Please read the Agreement carefully because it is our legal agreement with you that governs your use of our Bill Pay Service. 

1. INTRODUCTION

Through Online Banking you may enroll to our Bill Pay Service.  The Bill Pay Service allows you to schedule a one-time or recurring payment from your checking account with us.

You may use our Bill Pay Service to direct us to make payments from your designated checking account to the Payees you choose in accordance with this Agreement. The terms and conditions of this Agreement are in addition to the agreements, disclosures and other documents in effect from time to time governing your deposit account with us, including the Deposit Account Agreement & Disclosure ("Deposit Agreement"), and PAB Personal Online Banking Agreement.

"Bill Pay" and/or "Service" means Bill Pay Service. "You" or "your" means each person who is authorized to use the Service. "Bank", "we", "our", or "us" means Pacific Alliance Bank.   "Account" means the deposit account you designate to process Bill Pay transaction through. "Payee" means anyone you designate and we accept as a payee. "Merchant" means a payee. "Payment" means your remittance to a payee.

2. REQUIREMENTS, RESTRICTIONS AND LIMITATIONS

Requirements: Bill Pay is intended for use only by individuals. To subscribe to the Bill Pay Service, you must designate a specific account to process your Bill Pay transaction through. The account you designate for this purpose must be in good standing with us in accordance with our criteria.

Restrictions:  Bill Pay is intended for use only by individuals.  We will not permit you to use a money market or savings account as your designated Bill Pay account because federal regulations require us to limit the number and types of transfers from money market and savings deposit accounts, and therefore would not be conducive to the intended purpose of the Bill Pay Service.

You agree not to initiate Bill Pays in violation of the laws of the United States including sanctions laws administered by the Office of Foreign Assets Control (OFAC). For more information regarding OFAC Sanctions and Blocked Persons, you may visit the government's website, www.ustreas.gov/offices/ofac.

3.   PAYEE DESIGNATION

You can use the Bill Pay Service to make payments to almost any Payee you  want including individuals, local service providers, utilities, credit cards, or to make mortgage or loan payments, or charitable donations, etc. We limit the amount of the individual Bill Pays transaction to $5,000.

To make payments, a list of payees must be added to your personal Merchant Accounts list that includes the payee's/ merchant's name, address, phone number and your account number with the merchant. A merchant is defined as anybody (company or individual) to whom you want to send money. You may also give the merchant a "User Specified Account Name", which is only for your use and is not provided to the merchant.

By furnishing us with the names of your Payees (merchants and/or individuals) and their addresses, you give us authorization to follow the payment instructions, which you provide to us.  When we receive a payment instruction for the current date or a future date, we will remit the funds to the Payee on your behalf from the funds in your designated account, on the day you have instructed them to be sent (Payment Date).  We are not obligated to pay funds from your account if the available account balance is insufficient to cover the payment, unless your account has overdraft protection in an amount sufficient to cover the payment.  Funds for ALL bill payments, whether paid electronically or by check, will be withdrawn on the day the payment is scheduled to be SENT to the Payee. To add a merchant to your Merchant Accounts list, go to the Merchant Accounts screen and click the "Add Merchant" button.  Key the Merchant's information into the appropriate fields, make sure that all information is correct and click "OK".  We are not responsible if a payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a merchant, or if you attempt to pay a merchant that is not on your Merchant Accounts list.

Please set up (designate) Merchants in accordance with the following guidelines:

" The Merchant must be located in the United States;
" Payments may not be remitted to tax authorities or government and collection agencies;
" Payments may not be remitted to security companies such as Ameritrade for stock purchases or trade taxing authorities; and
" Court directed payments are discouraged (e.g. alimony, child support, or other legal debts).

4.  MAKING / SCHEDULING PAYMENTS

Payments can be made for one-time-only or recurring for as many times as you specify for up to 10 years.  First-time payments cannot be scheduled more than 18 months in advance. 

Payments are processed Monday through Friday at 11 AM Pacific Time, except on Federal holidays. If you attempt to schedule a payment on a weekend or Federal holiday, you will be prompted to select a different date, or the payment will be processed on the preceding business day if it is an auto recurring payment. The payment method may be electronic or by check. The first Payment to a Merchant must be scheduled at least five (5) business days prior to the due date for each bill payment (recurring or variable) to allow adequate time for the payment to reach the Payee.  The due date is the date the Merchant has set for payment, and should not be adjusted for any grace period or late date accommodations the Merchant may provide.  Once the Service has been notified whether a Merchant accepts electronic payments or requires a paper check, after making the first Payment to that Merchant, the Service will display a message indicating that the Merchant requires either a two (2) day lead time for an electronic payment, or a five (5) day lead time if a paper check sent by regular mail is required.

Any Payments made with Bill Pay require sufficient time for your Payee to credit your account with them properly.  To avoid incurring a finance charge or other charge, you must schedule a Payment sufficiently in advance of the due date of your Payment. If you fail to schedule your Payment according to the recommended timeframe, we will not be responsible for the late fees or finance charges.  We will not be responsible for any charges imposed or any other action taken by a Payee resulting from a Payment that you have not scheduled properly, including any applicable finance charges or late fees.  Paper checks are mailed to the address you supply.  The Bank will not be responsible for processing incorrect information, which is supplied by you through Bill Pay, or for failure of the Payment to process due to incorrect information.  In addition, we will not be liable if any third party, through whom any Payment is made, fails to properly transmit the Payment to the intended Payee.  We will also not be liable if there are insufficient funds or credit availability in your designated Payment Account or overdraft protection plan, if a legal order prohibits us from conducting withdrawals to the Payment Account, if there is a hold on the Account for uncollected funds or any other valid reason for hold, if the Payment Account is frozen or closed, or if any part of the electronic funds transfer system is not working properly.  We will not be liable for indirect, special, or consequential damages due to the use of Bill Pay.

You further agree that we, at our option, may charge any of your accounts with us to cover such payment obligations. Any Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day the Payment is going to be processed.

5. STOP, CHANGE OR DELETE PAYMENTS

You have the right to change, or delete any scheduled Payment prior to the Payment Date.  We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to the time the check has cleared.  Once the Payment has cleared, you can no longer stop payment. 

6. PAYMENT GUARANTEE

If all Payment guidelines were followed and a payment is still posted late to your account with a merchant resulting in a late fee, at our discretion, we will make an attempt to have the Merchant waive the late fees.  If the Merchant is unwilling to waive late fees, up to $50 in late fees assessed by the Merchant will be covered by us. However, due to factors beyond our control such as the U.S. Mail and payment processing at the Merchant, it is not guaranteed that a Payment will post on the fifth business day (or second, if issued electronically).  It is imperative to note that Merchant grace periods are not taken into consideration, and if adequate lead time prior to the payment due date was not allowed by you in scheduling the Payment, this Guarantee is void.

NOTE:  If the Merchant is not willing to discuss late fees or status of the account with us, you will be notified and advised that the Merchant requires your authorization before further discussions can occur between us and the Merchant.

7.  LIABILITY

You are solely responsible for controlling the safekeeping of and access to your Bill Pay information. You are liable for all transactions you make, or that you authorize another person to make, even if that person exceeds his or her authority. If you want to terminate another person's authority, you must notify us and arrange to change your Online Banking login password.   In the event that you have experienced unauthorized access to our Bill Pay, you must notify us of the unauthorized access, identify any Payments made or potential Payments scheduled, and arrange to change your login information. Notifications must be made in writing to the address provided in Section 8 if this Agreement.

You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. We are not responsible for a Payment that is not made if you did not properly follow the instructions for making the Payment. We are not liable for any failure to make a Payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a Payment. We are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the our agent.

In any event, we 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 we have knowledge of the possibility of them. We are 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 our reasonable control.

8.  AGREEMENT ASSIGNMENT, AMENDMENT AND TERMINATION

We may assign this Agreement to any affiliate, parent or other company.  We may also assign or delegate certain of its rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you whereupon we shall be released from any and all further liability or responsibility related thereto.

We reserve the right to amend or cancel any of the provisions of this Agreement, including changes to any fees, costs, or assessments.  We may amend or cancel any provision or charge by disclosing the change electronically, and, at our option, by sending you notification in addition thereto.  We will provide notice of thirty (30) days of any changes (or such lesser period as may be allowed by applicable law) unless an immediate change is necessary to maintain the security of the system.  You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing the accounts or services to which these changes relate, at your option. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.

We reserve the right to terminate your use of Bill Pay at any time.  If, for any reason, you should want to terminate your use of our Bill Pay Service, we recommend that you cancel all future bill payments and transfers at the same time you terminate the Service, either by deleting the payments yourself or by contacting the Bank as stipulated below.  This will ensure that future payments and transfers made by you will not be duplicated.  We will delete all outstanding payments and transfers (both one-time and recurring), once we have been notified that your Service has been terminated. We will continue to maintain your deposit accounts unless you notify us otherwise.  Any account holder may terminate the Bill Payment Service.

Should you opt to discontinue any of the accounts or services to which this Agreement pertains, written notice must be provided to us immediately at the following address:

Pacific Alliance Bank
8400 E. Valley Blvd.
Rosemead, Ca 91770

We are not responsible for any fixed payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any and all Payments made by us on your behalf through the Bill Pay Service.

Unauthorized transfers
Consumer liability

Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days, you can lose no more than $50 if someone used your card and/or code without your permission. (If you believe your card and/or code has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50. If someone used your card and/or code without your permission.)

If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, 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 money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
 
Additional limit on Liability for PAB Debit Card. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen PAB Debit Card. This additional limit on liability does not apply to ATM transactions, to transactions using your Personal Identification Number which are not processed by VISA cards.

Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this brochure.

Error Resolution Notice

In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

Tell us your name and account number (if any).

Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days (5 business days for PAB Debit Card point-of-sale transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for PAB Debit Card point-of-sale transactions and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

Pacific Alliance Bank
8400 E. Valley Blvd.
Rosemead, Ca 91770
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: 626-773-8888

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