This Agreement sets forth the terms and conditions of our personal financial management and bill payment service (the "Service"). In this Agreement, "you" refers to each owner of the accounts that may be accessed through the Service. The terms "we," "us" and "Bank" refer to Pacific Capital Bank, N.A.and its divison banks, Santa Barbara Bank & Trust, First National Bank of Central California, South Valley National Bank, San Benito Bank, and First Bank of San Luis Obispo. This Agreement incorporates, supplements and supersedes, where inconsistent, the terms of your Account Agreement & Disclosure with us. Your use of the Service will be deemed additional evidence of your agreement to these terms.
1. Our Service. This Service has two components:
In order to use our Service, you must be a US resident at least 18 years of age, have a US postal mailing address, and have a valid and active e-mail address. You can access the Service through Intuit Quicken or QuickBooks software.
2. Your Equipment. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software, or for any computer virus or related problems that may occur with your use of this Service. You should confirm that your computer and software are compatible with our system (See Section 8, below). We reserve the right to change our system requirements from time to time. Note: Some browser software may store user names and security codes to facilitate the future use of a web site. For security reasons, you agree to disable this feature in your browser. Check your browser’s "Help" screen for more information on this feature.
3. Your Password. We may require you to use one or more numbers, User IDs and/or other means of identification and authentication (collectively, "Password") to access the Service. You agree to keep your Password secure and confidential. Never place your Password on or near your computer. For security reasons, we may suspend your use of the Service if your Password is entered incorrectly several times. We may act on any Service instruction that is accompanied by your Password. You agree not to disclose your Password to anyone.
4. Account Balance and Transaction Information. You can use the Service to obtain account balance and transaction information anytime of the day, seven days a week, except when the system is unavailable for maintenance or other reasons. Please note that the information provided may not include recent transactions and balance information may include funds that are not subject to immediate withdrawal.
5. Transfers. You may make transfers between your eligible accounts with us. Transfers cannot be made from time deposit accounts. Transfer requests which are received by us on or before the "cutoff hour" of 1:00 p.m. (PST) on Business Days will be posted that day. Transfer requests received after the cutoff hour or on a weekend or holiday may be deemed received as of the next business day. Transfers are limited to accounts with a similar ownership.
6. Bill Payments. You can pay third parties from your designated checking account ("Payment Account"). Your Payment Account may not be a Money Market Deposit Account or a Savings Account.
Accuracy of Your Payment Instructions. We will send a check or an electronic payment to Payees on your behalf and charge your Payment Account based on your payment instructions. We assume no obligation to confirm the accuracy of your instruction or to prevent duplicate payments. If your payment instruction is incorrect in any way, you agree that we may charge your account for the payment whether or not the error could have been detected by us. Note: We may change the address of a Payee to whom we send check payments if: (a) the information returned by our address cleansing process indicates the format of the address does not comply with USPS standards; (b) we determine that the address is not a valid address for the Payee; (c) the Payee no longer uses the given address and has provided us or the USPS with a new address; or (d) our arrangement with the Payee calls for us to send payments to a different address.
Selecting a Processing Date. You must select a "Processing Date" for each payment. The Processing Date is the date we will start the payment process. If we pay a Payee by check, we will normally mail a check to the Payee on the Business Day following the Processing Date. If we send your payment electronically through the automated clearing house, payment will normally reach the Payee within two Business Days. We may deduct the amount of the payment from your Payment Account on or shortly after the Processing Date.
We may notify you of the date we estimate your payment will be received. You should choose a Processing Date that is at least three Business Days prior to the due date of the payment (not including any grace period) for electronic payments and five Business Days in advance of the due date for payments by check to ensure that there is enough time to complete the payment. If the due date of your payment falls on a Saturday, Sunday or holiday, you should arrange for the payment to be received the preceding Business Day.
Note: Payment instructions that we receive after 1:00 p.m. (Pacific Time) on a Business Day or on a Saturday, Sunday or holiday will usually be treated by us as having been received as of the following Business Day.
You are responsible for scheduling payments to be made in a timely manner, bearing in mind that some payments may be sent by mail. We are responsible only for initiating payment, electronically or by check, on the payment Processing Date.
Rejecting Payment Instructions. We may reject payment instructions with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically or in writing. We may reject a payment instruction, for example, if you do not have sufficient available funds to cover the payment. If we reject a payment, you will need to re-enter the information if you wish to make the payment at a later date.
Payment Cancellations. You can cancel or change a payment request electronically by following our online Service instructions. To do this, you must act before 1:00 p.m. (Pacific Time) on the Processing Date. If it is too late to cancel or change a payment in this manner, you may still be able to stop or change the payment by calling us at 1-888-400-7228.
Initiating and Canceling Automatic Recurring Payments. You may use the Service to make regularly recurring payments in the same amount to the same payee. Once your arrangements are set, we will make your payments automatically each month. If the Processing Date for any payment falls on a weekend or holiday, we may initiate payment on the following Business Day. If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the Processing Date.
If you have told us in advance to make regular payments out of your account, you can cancel any of these payments electronically in the manner described above. You also can cancel them by calling us at 1-888-400-7228 or writing to us at Online Banking Department, P.O. Box 60839, Santa Barbara, CA 93160. We must receive your request at least three business days before the payment is scheduled to be made. (Note: If you fail to give us your request at least three business days prior to the Processing Date, we may attempt, at our sole discretion, to stop the payment. We assume no responsibility for our failure or refusal to do so, however, even if we accept the request for processing.) If you call, we may require you to put your request in writing to us within 14 days after you call. For individual payments, your request should specify the exact amount (dollars and cents) of the payment you want to stop, the scheduled Processing Date, and the identity of the Payee. Unless you tell us that all future payments to a specific Payee are to be stopped, we may treat your stop payment order as a request concerning the one payment only. If you order us to stop one of these payments at least three business days before the Processing Date and we do not do so, we will be liable for your losses or damages.
Payment Limitations. You may not make payments that violate the law in any respect. You also may not use the Service to pay taxes or make court-ordered payments. Payments may only be made to Payees located within the United States or its territories.
Insufficient Funds. If you do not have sufficient available funds to cover a bill payment, we will suspend the Service and cancel all outstanding recurring and future-dated payments. You will need to deposit sufficient funds to cover the payment and provide us with the new recurring and future-dated payment instructions.
7. Bill Payment Guarantee. If you schedule a bill payment in accordance with this Agreement and our online instructions, and we fail to process your payment so that it is received by the payment due date, we will reimburse you for any Payee-imposed late fees up to $50.00 if a payment is not received in a timely manner. This guarantee does not apply if: (a) your Payment Account is closed or does not contain sufficient available funds to complete the payment; (b) you do not receive a confirmation number from us for the payment; (c) the Payee rejects or returns the payment for any reason; (d) your equipment, software or any communications link is not working properly; (e) our system is down and you knew or we told you about the problem before you send the payment; (f) you provide us with incorrect payment information; (g) the Payee mishandles or delays handling or posting any payment we send; (h) circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the payment from being completed; or (i) you select a Processing Date that is less than five Business Days before the due date (without reference to the grace period) for check payments or less than three Business Days for electronic payments. This guarantee does not cover payments made to a government entity or pursuant to a court order. Note: You may have additional rights under Section 14.
8. Consent to Electronic Communications. This is an electronic, Internet-based Service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
All electronic Communications will be deemed to have been received by you no later than five business days after it is sent to you by e-mail. An electronic Communication by e-mail is considered to be sent at the time that it is directed by our or Intuit's e-mail server to the appropriate e-mail address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
You agree to promptly update your account records with us if your name, physical address, e-mail address, or other profile information changes.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Service.
The Service is not available to customers who do not agree to electronic communications. If you wish to withdraw your consent to have Communications provided in electronic form, you must send us a notice that you wish to terminate this Agreement.
In order to access and retain Communications, you must have: an Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.7x or above or Internet Explorer version 5.0 or above; an e-mail account with an Internet Service Provider and any software required to send and receive emails; a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing; sufficient electronic storage capacity on your computer's hard drive or other data storage unit; and a printer that is capable of printing from your browser and e-mail software.
9. Hours of Operation. You can provide us with payment instructions through the Service 7 days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability. See Sections 5 and 6 regarding our cutoff hour for transfer and payment instructions.
10. Service Fees. There is no fee for accessing information about your accounts. If you elect to receive our Bill Payment Service, there is no charge for bill payments during the first three months. After the first three months, we will charge your account $9.50 per statement period for up to 15 bill payments and an additional $0.50 for each payment over that number each statement period. We do not impose a fee for transfers between accounts, except that Money Market and Savings Accounts are subject to excessive transaction fees, for transfers and withdrawals in excess of specified limits. Transactions from Money Market Accounts (for all types of Money Market Accounts) are subject to a fee of $15 for each transaction in excess of six per month, three of which may be made by check. Savings Accounts (Personal and Business) are subject to a fee of $10 for each transaction in excess of three per quarter. Premier Savings Accounts are subject to a fee of $2 for each transaction in excess of three per quarter. There is a $20 fee for each stop payment order.
11. Transfer Limitations. Transfers from Savings and Money Market Accounts are limited by law and your account agreement with us. You may only make up to 6 withdrawals and/or transfers each month by check, preauthorized or automatic transfer, draft, or telephone. Only 3 of these 6 transactions may be made by check, draft, debit card or similar order to third parties. Excessive transaction fees may apply. See section 10 above and your Account Agreement & Disclosure for further details. We reserve the right to limit the frequency and dollar amount of payments for security reasons.
12. How to Notify Us of a Problem. If you have a question about a Service transaction, believe your Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call us immediately at 1-888-400-7288 or write to us at Online Banking Department, P.O. Box 60839, Santa Barbara, CA 93160.
13. Your Responsibility. Tell us AT ONCE if you believe your Password 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 two business days, you can lose no more than $50 if someone used your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove that we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers or payments 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.
14. Our Responsibility. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for example, if: (a) we process your payment in a timely manner, but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer or payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses, computer breakdowns or telecommunication problems) or rolling blackouts prevent the transaction, despite reasonable precautions that we have taken; (g) you do not authorize a bill payment early enough for your payment to be made and properly credited by the payee by the time it is due; (h) a transfer or payment could not be completed due to the system’s unavailability; or (i) you fail to follow our Service instructions properly. There may be other exceptions stated in our Agreement with you.
15. In Case of Errors or Questions about Your Transfers or Bill Payments. Call or write to us at the number or address listed in Section 12 as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You must: (a) tell us your name and account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) 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 after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that 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. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question, and up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
16. Business and Other Non-personal Accounts. Our obligations set forth in Sections 14 and 15, and the limitations on customer liability set forth in Section 13 and on the back of periodic statements, do not apply in the case of business or other non-personal accounts. The owners of those accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of discovery or their receipt of the first statement or notice reflecting the problem, whichever occurs first). Under no circumstances will we be liable for any special or consequential damages involving such accounts. We may process any transfer or payment instruction we believe is given by any of you if the instruction is accompanied by your Password, and you will be obligated for the transaction, even if the instruction is not transmitted or authorized by you.
17. Privacy. Please see our Privacy Policy web page or call us at 1-888-400-7228 for information about how we gather, use and secure nonpublic personal information about you. We may release information about you, your accounts and the transactions you perform to companies that perform services for us (such as check printers and data processing firms), to our affiliated companies, to certain financial institutions with whom we have a joint marketing agreement, with your permission, and as permitted by law. We may disclose information, for example: where it is necessary or helpful for completing a payment; to report the existence, history and condition of your account to credit reporting agencies; and to comply with government agency and court orders.
18. Business Days. Our business days are Monday through Friday, excluding holidays.
19. Statements. We will send or make available to you a monthly deposit account statement unless there are no electronic fund transfers in a particular month. In any case, you will receive or have electronic access to a statement at least quarterly.
20. Other Terms. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your Account Agreement & Disclosure with us. Please see that agreement and the Schedule of Fees & Charges for other terms relating to this Service (for example, waivers, governing law, and overdrafts).
21. Change in Terms. We may add to, delete from, or change the terms of this Agreement at any time by sending a notice to any of you at the physical or e-mail address shown in our records, by posting the notice or an amended Agreement on our web site, or by delivering it to you. You may choose not to accept the change by closing your accounts or terminating this Agreement and your use of the Service.
22. Termination. We may terminate or suspend your access to all or part of the Service at any time, with or without cause. We may automatically terminate your use of the Service without notice if you do not use it for 90 consecutive days. If you decide to cancel the Service, contact us at the telephone number or address shown in Section 12. Any payments we have begun to process as of the date of termination will be completed in accordance with this Agreement; all other scheduled and recurring Service payments will be cancelled.