AllTime Online

AllTime Online Banking Service Agreement and Disclosure

These Terms set forth the terms and conditions for any use of the AllTime Online Banking Service, offered by Santa Barbara Bank & Trust, South Valley National Bank, First National Bank of Central California, San Benito Bank, and First Bank of San Luis Obispo ("the Bank"). Please read these Terms of Use carefully. It contains the rules and regulations governing your AllTime Online Banking Service with the Bank.

By clicking the "I accept" button at the end of this Agreement, you signify your agreement to all the terms, conditions, and notices contained or referenced in this document and accept responsibility for your use of the AllTime Online Banking Service. If you choose to click the "I decline" button you will not be enrolled in the AllTime Online Banking Service.

Please note that use of the AllTime Online Banking Service may include access to web sites, content and services of companies other than the Bank. The Bank does not make any representations regarding such third parties or their content or services and you are responsible for complying with such third parties' agreements and policies.

Access to the AllTime Online Banking Service and use of the AllTime Online Banking Service is subject to all applicable federal, state and local laws and regulations. Unauthorized use of the AllTime Online Banking Service or information accessed via the AllTime Online Banking Service is strictly prohibited.

Definitions

  1. "Agreement" means these rules of the AllTime Online Banking Service.
  2. "The Bank" refers to Santa Barbara Bank and Trust, South Valley National Bank, San Benito Bank, First National Bank of Central California, or First Bank of San Luis Obispo.
  3. "Bank Fees" refers to the bank fees not associated with the Service, but may be charged due to instances such as insufficient funds and stop payments. This may also include a savings overdraft protection plan covering your funding checking account where any transfers to cover an overdraft may result in a transfer fee, and that transfer will be counted as a limited transaction withdrawal for savings accounts. Please refer to your Account Agreement & Disclosure and Schedule of Fees & Charges for additional information and to see if your accounts are subject to these and other bank related fees.
  4. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

What This Agreement Covers

This Agreement between you and the Bank governs the use of the AllTime Online Banking Service. These services permit Bank customers (consumers, sole proprietors, and other business customers) to perform a number of banking functions on accounts linked to the AllTime Online Banking Service through the use of a personal computer.

Accepting the Agreement

When you use any of the AllTime Online Banking Services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of this Agreement.

Relation to Other Agreements

Your use of the AllTime Online Banking Service may also be affected by the agreements between us for your deposit, line of credit, and other linked accounts. When you link accounts to the AllTime Online Banking Service, this does not change the agreements you already have with us on those accounts. For example, when you use the AllTime Online Banking Service to access a credit account, you do so under the terms and conditions we gave you in the agreement and disclosure for the credit account. You should review those agreements for any applicable fees, for limitations on the number of transfers you can make, and for other restrictions that might impact your use of an account with the AllTime Online Banking Service.

AllTime Online Banking Service

Services include the AllTime Online Banking Service, Bill Payment service, and Account Aggregation service.

To use the AllTime Online Banking Service, you need:

  1. a deposit account, loan account, or line credit with the Bank;
  2. service through an Internet service provider;
  3. an AllTime Online login ID; an AllTime Online password; and
  4. a computer.

You may use the AllTime Online Banking Service to:

  1. Transfer funds between your linked Bank deposit accounts on either a one-time, future, or recurring basis.
  2. Transfer funds to and from your line of credit accounts from your deposit accounts.
  3. View current balance information for your linked checking, money market deposit, savings, CD, non-brokerage IRA, personal or real estate loans, and Line of Credit accounts with the Bank.
  4. Review transactions for the current statement cycle and up to: 90 days of history for deposit accounts
  5. Perform self-service account maintenance such as stop payment on a check, re-order checks, and order copies of paid checks and monthly checking or saving statements; fees may apply.
  6. Send us email messages and questions.
  7. Receive notification automatically via email when your accounts go below or above a certain requested amount.
  8. Download your statements to popular financial management software programs like Quicken(c).

Bill Payment Service

You may select Bill Payment service with the AllTime Online Banking Service. If you choose Bill Payment service in addition to the AllTime Online features listed above, you may also make one-time, future, or recurring payments online from your linked checking account to companies or individuals (payees) you select. Note: Savings and Money Market Deposit Accounts cannot be used for Bill Payment service.

Description of Services

Processing Recurring and One-Time Transfers

You can make transfers in one of three ways:

One-time transfers are used for transfers which occur on an infrequent or irregular basis, or which vary in amount.

Future transfers are used for transfers that are scheduled for up to one year in the future.

You may use the recurring transfer feature when you want to transfer the same amount at regular intervals, for example from your checking to savings accounts.

The Bank will provide you with a positive confirmation that the transfer has been scheduled. Additionally, you may verify that any transfer has been processed by signing into your AllTime Online Banking Service the business day following the transfer.

Limitations for Transfers and Payments

When you schedule a transfer, you authorize the Bank to withdraw the necessary funds from your deposit accounts with the Bank. You agree that you will instruct the Bank to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of withdrawal. If you do not have a sufficient balance, including available credit under any overdraft protection plan, we may either complete the transfer or payment - creating an overdraft - or refuse to complete the transfer or payment. In either case, we reserve the right to impose an insufficient available funds transaction (NSF) fee, or a savings overdraft protection fee (if applicable), or a Line of Credit overdraft advance fee (if applicable).

Canceling Transfers

In order to cancel future dated transfers, you must sign into AllTime Online and follow the prompts provided. The cancel feature is found in the Transfers section of the AllTime Online Banking Service.

You may cancel a scheduled transfer transaction up to the date it is scheduled for processing. We must receive your instructions to cancel before 8:59 a.m. Pacific Time on the date the transaction is scheduled to be processed.

Alternative Method

Note: The following method of canceling transfers is an exception process. The easiest, most convenient and least costly way to cancel a transaction is through the method described above.

You may request to cancel a transfer scheduled through AllTime Online by calling us at 1-888-400-7228 or writing us at: Online Banking Department, P.O. Box 60839, Santa Barbara, California, 93160. We must receive your request three business days or more before the transaction is scheduled for processing. If you call, we may also require you to put your request in writing and submit to us within 14 calendar days after you call. Please refer to your Account Agreement and Disclosure Statement and your Schedule of Fees and Charges for additional information.

Confirmation of Transfers

In addition to immediate confirmation of a payment or transfer, a transaction made through the AllTime Online Banking Service will appear on your monthly statement for the account from which the transaction was made. A description of who was paid, when and for what amount will be indicated. For transfers, confirmation will also appear on the statement for the account that receives the transfer.

Other Terms and Conditions

Monthly Maintenance Fee

You can access your account history, Bill Payment service and make internal and external transfers at no charge with AllTime Online Banking Service.

Other Charges

There is no monthly service charge for the AllTime Online Banking Service or Bill Pay service. You should note that depending on how you access the AllTime Online Banking Service, you may incur charges for:

  1. Normal account fees and service charges;
  2. Any Internet service provider fees;
  3. Payments made utilizing the other financial software like Quicken(c).

Transfers made through the AllTime Online Banking Service from a savings or money market deposit account may result in an excess transaction fee. Please refer to your Account Agreement and Disclosure Statement and your Schedule of Fees and Charges for additional information and to confirm if your accounts are subject to these fees. Additionally, fees may be assessed for added features of the AllTime Online Banking Service such as stop payment requests, check and statement copy orders, and insufficient available funds transactions.

Business Days

For the AllTime Online Banking Service, our business days are Monday through Friday, excluding bank holidays. If you request a transfer for a future date, we process the transaction at 9:00 a.m. Pacific Time on that date only if it is a business day. If the date you request is not a business day, we process the transaction at 9:00 a.m. Pacific Time on the next business day.

Service Hours

AllTime Online Banking Service is available 24 hours a day, 7 days a week.

Canceling Your AllTime Online Banking Service

Your AllTime Online Banking Service remains in effect until terminated by you or the Bank. You may cancel your AllTime Online Banking Service at any time by notifying us of your intent to cancel in writing, through AllTime Online email, or by calling Customer Service. This cancellation applies to your AllTime Online Banking Service and does not terminate your Bank accounts.

If you choose to cancel your AllTime Online Banking Service, any unprocessed payments and transfers will be canceled. We recommend that you cancel any scheduled payments or transfers prior to notifying us that you are discontinuing the service. The Bank will cancel any scheduled payments and transfers within two business days from the date we receive your request to discontinue the service.

We may terminate your participation in the AllTime Online Banking Service for any reason, at any time. We will try to notify you in advance, but we are not obliged to do so.

Joint Accounts

When your AllTime Online Banking Service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer regarding your service. Accounts with multiple signatures required are not available for online access.

Changes to Agreement

We may change this agreement at any time. For example, we may add, delete or amend terms or services. We will notify you of such changes by mail or by electronic message. If you maintain your AllTime Online Banking Service after the effective date of a change, you indicate your agreement with the change.

Transfers from Savings and Money Market Deposit Accounts

Federal regulations limit the number of pre-authorized electronic fund transfers and telephone transfers, including the AllTime Online Banking Service, from savings and money market deposit accounts. We do not allow you to use a savings or money market deposit account as your bill payment account because of these restrictions, however, since you are able to make transfers from such accounts, please consider the following limitations:

For savings and money market accounts, no more than a total of six (6) transfers and withdrawals, including telephone transfers, pre-authorized transfers to deposit accounts of third parties at our Bank or at other financial institutions, or checks may be made from the account in any statement period and in no less than a one (1) month period. For money market accounts, of these six (6), a maximum of three (3) may be made by check, draft, ATM/Debit card, or other similar order payable to third parties. Each transfer through AllTime Online Banking Services from your money market deposit or savings account is counted as one of the six limited transfers you are permitted each statement period. Charges may also be imposed for transfers in excess of these limitations as listed in the Schedule of Fees and Charges. We are required by Federal regulation to closely monitor the limited transaction accounts to make certain that the number of transfers is not exceeded on a regular basis. If excessive transfers recur, we are obliged to change your account (with advance notice) to an unlimited transaction account. In the event you exceed the transaction limitations stated above in one statement cycle period (or one month) for three statement cycle periods or months within a rolling twelve month period, or you have fifteen transactions within one month, your account will be converted from a limited transaction account to an unlimited transaction account. The account holder(s) will not be eligible to open another limited transaction account. We count checks for purposes of the transaction limitation as of the date we post them to your account (not as of the date you write them). As such, a check you write during one statement period may not be counted until a subsequent statement period.

Contact by the Bank or Affiliated Parties

No Bank or Payee employee, or company affiliated with the AllTime Online Banking Service, will contact you via email or phone requesting your AllTime Online login ID and password. If you are contacted by anyone requesting this information, please contact us immediately.

Reporting Unauthorized Transactions

Call us at 1-888-400-7228 should you become aware of any unauthorized transactions. Customer Service is available from 7 a.m. to 7 p.m. Monday through Friday and 8 a.m. to 5 p.m. Saturday. You may also write us at: Online Banking Department, P.O. Box 60839, Santa Barbara, California, 93160.

Disclosure of Account Information to Third Parties

We will disclose information to third parties about your account or your transactions:

  1. When it is necessary for completing transfers or bill payments per your instructions;
  2. Where it is necessary for activating additional services requested by you;
  3. To verify the existence and condition of your account for a third party, such as a consumer reporting agency, merchant, financial institution or other third parties where we believe there is a legitimate use for the information;
  4. To comply with applicable government reporting or legal process (such as court orders, subpoenas, or government requests) which we reasonably believe to be valid or required;
  5. When investigating a loss involving us or another financial institution; or to local, state or federal authorities if we believe a crime may have been committed involving your account;
  6. When you give us your written permission; and
  7. As permitted by law.

The Bank may disclose information about your account-to-account verification services, such as ChexSystems, Inc., if we close your account because of your unsatisfactory handling, fraud or attempted fraud or criminal activity. Information we report usually includes your name, address, Taxpayer Identification Number (TIN), drivers license number and the date and reason the account was closed. The account verification service may supply this information to others. This may adversely impact your ability to establish an account at another financial institution for up to five years from the date of your report.

AS REQUIRED BY LAW, YOU ARE HEREBY NOTIFIED THAT WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT.

Account Statements

The Bank will list your AllTime Online Banking Service activity on the monthly statements for your linked accounts. A description of each transaction, including whom you paid, the date and the amount of the transaction will appear on your statement.

Privacy Policy

The Bank is committed to protecting the Confidential Information you entrust to us. We also take seriously our obligation to safeguard your Confidential Information. All information gathered from you in connection with using the AllTime Online Banking Service will be governed by the provisions of the Banks Privacy Policy. At the time you opened your account(s) with us and on an annual basis thereafter, you were provided a copy of the banks formal Privacy Policy Statement. As a reminder, and to ensure you have a copy of the most recent version of the Privacy Policy, please refer to and click on the "Privacy & Security" link on the Bank's website. Please read the information, retain a copy for your records and contact us if you have any questions.

Provisions Applicable to Consumers Only

In Case of Errors or Questions about Your Electronic Transactions

In case of errors or questions about your electronic transactions, you should notify us AT ONCE via one of the following:

  1. Telephone us at 1-888-400-7228 during customer service hours
  2. Write us at:
    Online Banking Department
    P.O. Box 60839
    Santa Barbara, CA 93160

If you think your statement or transaction record is incorrect or you need more information about a transaction listed on the statement, we must hear from you no later than 60 days after we have sent the FIRST statement on which the problem or error appeared. You must:

  1. Tell us your name and account number;
  2. Describe the error or transaction in question;
  3. Tell us the date and dollar amount of transaction in question, as well as the name of payee if transaction in question is a payment; and,
  4. Provide the transaction number assigned by the AllTime Online Banking Service, if available.

Please explain as clearly as you can why you believe there is an error or why you need more information.

If you tell us verbally, we may require you to send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation within 10 business days after we hear from you, and we will promptly correct any error we have made. If we need more time, however, we may take up to 45 days to investigate your complaint or question. In this case, we provisionally credit your account within 10 business days for the amount you think is in error so that you 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; if we do not receive your letter in 10 business days, we reserve the right to not provisionally credit your account during the investigation period.

If we conclude there was no error, we will send you a written explanation within 3 business days after we complete our investigation. The AllTime Online Banking Service may revoke any provisional credit provided to you if we find that an error did not occur. You may request copies of the documents that we used in our investigation.

Password and Security

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the AllTime Online Banking Service. If you permit other persons to use the AllTime Online Banking Service or your password or other means to access your account, you are authorizing that person to use your service, and you are responsible for all transactions the person performs using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, transactions that person performs after the time you notify us are considered unauthorized. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. For your protection, sign off after every online banking session and close your browser to ensure confidentiality. If you believe that your AllTime Online Banking Service password has been discovered by an unauthorized person, or someone has transferred or may transfer money from your account without your permission, you must tell us at once by calling 1-888-400-7228. The best way to minimize your loss is to call us IMMEDIATELY. The unauthorized use of your AllTime Online Banking Service could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection.

Your contribution is important to protect the security of your access to our services. You can help prevent unauthorized access by following these security tips:

  1. Protect your login ID and password by keeping it unique and known only to you.
  2. Change your password routinely; a good practice is every 90 days.
  3. Choose a password that is at least 6 characters, a combination of letters and numbers, and difficult to guess. Avoid using an easily guessed password such as a word found in the dictionary, your name, your significant other's name, your pet's name, or your birthday.
  4. Do not display your password in a place where others can view it.
  5. Log off AllTime Online by clicking on the exit option. Upon exiting you will receive a message confirming that you have now logged off of AllTime Online. We also suggest you clear your disk cache by shutting down your browser which will normally clear your cache; alternatively, you can clear your cache using the instructions provided in your browser's online help system.
  6. Maintain general security over your personal computer such as virus protection and employ physical access controls.
  7. Maintain your hardware, software suppliers and Internet service provider to ensure that you have the latest in security updates.

Please click on the Privacy & Security link located on the Bank's website to read the Bank's Online Security Policy for more information: http://pcbancorp.com/privacy.jsp.

Also for more tips on safe Internet banking please visit: http://www.fdic.gov/bank/individual/online/safe.html

Your Liability for Unauthorized Transfers

If you tell us within two business days after you learn of an unauthorized transaction, you can lose no more than $50 if someone made a transaction without your permission. However, if you don't tell us within two business days, and we can prove that we could have stopped someone from using your AllTime Online Banking Services without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transactions you didn't perform, you must tell us IMMEDIATELY. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any of the money you lost if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.

Our Liability for Failure to Complete Transactions

If we do not complete a transaction 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:

  1. If, through no fault of ours, you do not have enough available funds in your account (or available credit under your overdraft protection plan) to cover the transaction or transfer.
  2. If the AllTime Online Banking Service was not working properly, and you knew about the malfunction when you started the transaction or transfer.
  3. If circumstances beyond our control (such as fire or flood) prevent the transaction or transfer, despite reasonable precautions we have taken.
  4. If other exceptions apply.

Provisions Applicable to Businesses

Protecting your Password

You agree that we may send notices and other communications, including password confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your password secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your password that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new password if you believe your password may have become known to an unauthorized person.

THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE. We may suspend or cancel your password even without receiving such notice from you if we suspect your password is being used in an unauthorized or fraudulent manner.

Acknowledgment of Commercially Reasonable Security Procedures

By using the AllTime Online Banking Service, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).

Limitation of Bank's Liability for Business Customers Only

If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS' FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

 
Santa Barbara Bank & Trust, First National Bank of Central California, South Valley National Bank, San Benito Bank, and First Bank of San Luis Obispo are divisions of Pacific Capital Bank, N.A., member FDIC.

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