Electronic Services User Agreement
Please read carefully the Agreement below, this Agreement includes Your rights and obligations as a user of our on-line banking service. It also describes the rights and obligations of the United Pacific Bank. By pressing the "I Agree" button below, You agree to comply with the terms and conditions of this Agreement. You also acknowledge by using the on-line banking service that You have downloaded, printed, or otherwise received a copy of the terms and conditions and that you understand them.
Note: After you have read this Agreement, and agree to its terms and conditions, you must scroll down and click the "I Agree" button at the bottom of this agreement to continue.
In this agreement, the words "On-line Banking Service" is the Internet-based service providing access to Your account(s). "Services" are the services available to You through the On-line Banking Service. "On-line Account" means any United Pacific Bank account from which You will be conducting transactions using the On-line Banking Service. "Password" is the code sent to You by United Pacific Bank for use during the initial sign-on, or the codes You select after the initial sign-on, that establishes Your connection to the Service. "Time of day" references are to Pacific Standard Time. "We", "Us", "Our", and "United Pacific Bank" means the financial institution. "You" and "Your" mean the account holder(s) and anyone else with the authority to exercise control over the funds in the account.
2. ACCESS TO ON-LINE BANKING
United Pacific Bank will provide on-line instructions describing how to use the On-line Banking Service. You will gain access to Your On-line Accounts through the use of Your Internet-enabled device, Your Internet Service Provider, Your User Code, and Your Password.
3. INTERNET ACCESS
You certify that you have access to the Internet. Neither United Pacific Bank nor any Provider will be liable for any costs you incur for maintaining Internet access.
4. SERVICE HOURS/BUSINESS DAYS
The Services are available 24 hours-a-day, 7 days-a-week, except during special maintenance periods. We will attempt to limit downtime to those hours of operation least impacted by customer usage, when such options are available. For purposes of transactions, United Pacific Bank's business days are Monday through Friday, excluding holidays. All On-line Banking transaction requests received after 5:00 p.m. on business days, and all transactions requested on Saturdays, Sundays, or holidays[,] will be processed on the next United Pacific Bank business day.
5. USE OF YOUR PASSWORD
You will be required to change Your password from the initial 4 digits password to a new unique password, only known by you, on the first time You access the On-line Banking Service. The password must be between 8 and 12 characters long. You may change Your password at anytime. We are entitled to act on any instructions under Your password. For security reasons, You agree not to allow anyone to gain access to the On-line Banking Service or to let anyone know Your Password used with the Services. We recommend that You not write Your Password down so that no other person can gain access to it. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.
6. COMPUTER EQUIPMENT
Neither United Pacific Bank nor Other Information Providers are responsible for any computer virus or related problems which may be attributable to services provided by any Access Service Provider.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing On-line Banking. United Pacific Bank will not be responsible for any errors or failures from the malfunction or failure of Your hardware or software.
We reserve the right to change Our system requirements from time to time.
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE MADE AVAILABLE TO YOU.
7. ON-LINE BANKING SERVICES
You can perform the following Services through the On-line Banking:
- Obtaining Account Balance and Transaction History. You can obtain balance and transaction history on Your On-line Accounts. Account balance and transaction history reflects history through the close of the previous business day. Balance may include funds provisionally credited to Your account and thus not subject to immediate withdrawal.
- Transferring Funds. Transfer funds among Your linked checking accounts, savings accounts, and money market accounts from accounts with the same signers and same vesting only. If United Pacific Bank becomes aware of account transfers with different signers or vesting, we will restrict the transaction and remove the account from on-line viewing.
- Bill Payment Service. You may make one-time or recurring payments online from your checking account(s) (Money Market Checking is not included) to companies or individuals. (Some payments made by paper check will not be subject to this Electronic Fund Transfer disclosure. Any payment scheduled after 11:00 a.m. Pacific Standard Time will be processed as next business day’s transaction.)
- Limitations. The following limitations apply:
- Savings Account - Transfers from a Regular Savings account to another account or to third parties by pre-authorized, automatic, or telephone transfer – including online banking transaction are limited to six transactions per month. We charge a fee for each transaction in excess of this limit.
- Money Market Account - Transfers from a Personal Money Market account to another account or to third parties by pre-authorized, automatic, or telephone transfer - including online banking transaction, or by check, draft, debit card (if applicable) or similar order are limited to six transactions per monthly statement cycle. We charge a fee for each transaction in excess of this limit.
- Downloading. Download transactions to Quicken, Money or Microsoft Excel software program.
- Other Terms and Conditions
- Monthly Service Charge – There is no monthly service charges for accessing your linked accounts, with the Online Banking Service.
- Other Charges – Transfers made through Online Banking Services from a savings or money market account may result in an excess transaction fee. See your savings or money market account for details.
- New Services. New services may be introduced for On-line Banking from time to time. United Pacific Bank will notify You of the existence of these new services. By using these services when they become available, You agree to be bound by the rules that will be made available to You concerning these services.
8. ELECTRONIC COMMUNICATIONS
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding the Website or any Financial Service or any Provider (collectively referred to as "Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Website. You agree that you have the capacity to print, and that you will print, a paper copy of any electronic Communication and retain it for our records. All Communications in either electronic or paper format will be considered to be "in writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. United Pacific Bank and the Providers reserve the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying United Pacific Bank on behalf of itself and the Providers may terminate your right to use the Website or obtain Financial Services (including redeeming any deposit accounts), and you accept sole liability for any early withdrawal penalty, tax or other consequence resulting from any involuntary termination of a Financial Service, to the extent permitted by law.
9. UNAUTHORIZED TRANSFERS
Tell Us immediately if You believe Your Password has been lost or stolen, or if the Password has been discovered by another person. Telephoning is the best way of keeping Your potential losses down ( You could lose all funds in Your account, plus any overdraft credit available to You. If You inform Us within two business days, Your losses will be limited to no more that $50 if someone used Your password without Your permission. If You do NOT tell Us within two business days after You learn of the loss or theft of Your password, and We can prove that We could have stopped someone from using the password without Your permission if You had told us, You could lose as much as $500. Also, if Your statement shows transactions that You did not make, tell Us at once. If You do not tell Us within 60 days after the statement was mailed to you, You may not get back any funds You lost after the 60 days if We can prove that We could have stopped someone from taking the money if You informed Us in time. If a good reason (such as a long trip or a hospital stay) kept You from telling us, We may extend the time periods.
If You are a business, the limitations of liability for unauthorized transactions do not apply to You, such that You may be liable for all unauthorized transfers through the On-line Banking Service (see, Section, Provisions Applicable to Businesses, below)
If You believe that Your Password has been lost or stolen or if Your Password has been discovered by another person, or that someone has transferred or may transfer money from Your account without Your permission, You should immediately call and/or write us, at the telephone number and/or address stated in Section, Error Resolution Procedures, below.
If You give someone Your United Pacific Bank ATM and/or On-line Banking Password, You are authorizing that person to use the service, and You are responsible for all transactions the person performs using the service. All transactions that person performs, even those transactions You did not intend or want performed, are authorized transactions. If You notify Us that the person is no longer authorized, then transactions that person performs after the time You notify Us are considered unauthorized. Transactions that You or someone acting with You initiates with fraudulent intent are also authorized transactions. For Your protection, sign off after every Online Banking session and close Your browser to ensure confidentiality.
You will continue to receive Your regular account statements on monthly basis or quarterly basis. You must examine Your statement with "reasonable promptness". If Your statement shows transfers that You did not make, You must promptly notify Us of the relevant facts. As between You and us, if You fail to do either of these duties, You will have to either share the loss with us, or bear the loss entirely Yourself.
You agree that the time You have to examine Your statement and report to Us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.
You further agree that if You fail to report any unauthorized transactions or any other errors in Your account within 60 days of when We first send or make the statement available, You cannot assert a claim against Us on any items in that statement, and as between You and Us the loss will be entirely Yours. This 60-day limitation is without regard to whether We used ordinary care.
11. ERROR RESOLUTION NOTICE
In case of errors or questions regarding an On-line Banking transaction, call United Pacific Bank at 626-965-6230 or write Us at:
United Pacific Bank
Attention: Internet Customer Service
1630 S. Azusa Avenue
City of Industry, CA 91748
We must hear from You no later than 60 days after We send You the first statement on which the problem or error appeared. We will require:
- Your name and account number.
- A description of the error or the transfer in question, and an explanation concerning why You believe it is an error or why You need more information.
- The dollar amount of the suspected error.
- The date on which it occurred.
If the report is made orally, We may require that You send the complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days and will correct any error promptly after We hear from you. If more time is needed, however, We may take up to 45 days to investigate a complaint or question. If this occurs, We will provisionally credit Your account within 10 business days for the amount You think is in error. This will allow You to use the money during the time it takes Us to complete Our investigation. If Your complaint or question is requested in writing but not received in writing within 10 business days, We may not credit Your account until the investigation is completed. (Note: Our obligation to act within the 10 and 45 day periods mentioned above is extended to 20 business and 90 calendar days, respectively, if the notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to Your account was made.).
If We determine that no error occurred, We will send You a written explanation within 3 business days after We finish the investigation, and debit the provisional credit in accordance with law. You may request copies of the documents that were used in the investigation.
12. PROVISIONS APPLICABLE TO BUSINESSES
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 United Pacific Bank will not be responsible or liable to You in any way if information is intercepted by an unauthorized person, either in transit or at Your place of business. You agree to:
- Keep Your Password secure and strictly confidential, providing it only to authorized signers on Your account(s).
- Instruct each person to whom You give Your Password that he or she is not to disclose it to any unauthorized person.
- Immediately notify Us and select a new Password if You believe Your Password may have become known to an unauthorized person.
The limitations of liability for unauthorized transfers and the error resolution procedures set forth, above, do not apply to businesses or trust accounts.
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, AND You AGREE TO INDEMNIFY Us IN THE EVENT OF ANY THIRD PARTY CLAIMS ARISING OUT OF ANY UNAUTHORIZED TRANSACTIONS INVOLVING THE USE OF THE PASSWORD. We may suspend or cancel Your Password even without receiving such notice from you, if We suspect Your Password is being used in an unauthorized or fraudulent manner.
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.
13. OFFICE OF FOREIGN ASSET CONTROL
Under the Bank Secrecy Act, the Bank is prohibited from transacting business with persons or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons or entities blocked by OFAC.
14. LIMIT OF UNITED PACIFIC BANK AND OTHER PROVIDER'S RESPONSIBILITY
United Pacific Bank agrees to make reasonable efforts to ensure full performance of On-line Banking. United Pacific Bank will be responsible for acting only on those instructions sent through On-line Banking which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under Our control which may affect the accuracy or timeliness of messages You send. United Pacific Bank is not responsible for any losses incurred should You give incorrect instructions, or if Your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.
Any information You receive from United Pacific Bank or Other Information Providers is believed to be reliable. However, it can only be provided on a best-efforts basis for Your convenience and is not guaranteed. United Pacific Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
Except as otherwise provided in the United Pacific Bank's Responsibility section below, neither United Pacific Bank, any Other Information Provider, nor any Other Software Supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of On-line Banking.
15. UNITED PACIFIC BANK'S RESPONSIBILITY
Except as provided by other Agreement with You or applicable law, United Pacific Bank will be responsible for Your actual losses if they were directly caused by Our failure to:
- Complete an Electronic Funds Transfer as properly requested.
- Cancel an Electronic Funds Transfer as properly requested.
However, We will not be responsible for Your losses if:
- Through no fault of United Pacific Bank, You do not have enough money in Your account to make the transfer.
- Through no fault of United Pacific Bank, the transaction would have caused You to exceed Your available credit.
- Circumstances beyond Our control (e.g., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that We have taken.
- There is a hold on Your account, or if access to Your account is blocked in accordance with banking policy.
- Your funds are subject to legal process or other encumbrance restricting the transfer.
- Your transfer authorization terminates by operation of law.
- You believe someone has accessed Your accounts without Your permission and You fail to notify Us immediately.
- You have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
- We have received incomplete or inaccurate information from You or a third party involving the account or transfer.
- We have a reasonable basis for believing that unauthorized use of Your Password or account has occurred or may be occurring, or if You default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if We or You terminate this Agreement.
If any of the circumstances listed above shall occur, We shall assist You with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed, upon your request
There may be other exceptions stated in this agreement and in other agreements with you.
In no event shall We be liable for damages in excess of Your actual loss due to Our failure to complete a transfer, and We will not be liable for any incidental or consequential damages.
16. OTHER AGREEMENTS
In addition to this Agreement, You and United Pacific Bank agree to be bound by and comply with the requirements of the agreements applicable to each of Your On-line Accounts. Your use of the On-line Banking service is Your acknowledgment that You have received these agreements and intend to be bound by them. (You should review other disclosures received by You when You open Your accounts at United Pacific Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule).
17. MODIFICATIONS TO THIS AGREEMENT
United Pacific Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to You at the address shown on Our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.We reserve the right to terminate this Agreement and Your use of the Services in whole or in part at any time without prior notice.
19. CHANGE IN TERMS
United Pacific Bank may change, add, delete, or amend the terms of this Agreement and its On-line Banking Service at any time by sending You a notice.
20. INACTIVITY / TERMINATION
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which You access using electronic banking services. We can terminate Your On-line Banking privilege under this Agreement without notice to You if You do not pay any fee required by this Agreement when due, if You do not comply with the Agreements governing Your deposit or loan accounts, Your accounts are not maintained in good standing, We have reason to believe that here has been an unauthorized use of the Service or Password, or there are conflicting claims to the funds in Your account.
We reserve the right to terminate Your use of On-line Banking Service for any reason, with or without cause, without affecting Your outstanding obligations under this Agreement, in which case United Pacific Bank will promptly notify you.
If You are not paying a monthly service charge for the Service, We may convert Your account to inactive status if You do not sign on to the Service or have any transaction scheduled through the Service during any consecutive ninety (90) day period. If Your account is considered inactive, You must contact Us to have the Service activated before You will be able to schedule any transaction through the Service.
If You desire to cancel or terminate the On-line Banking Service, You must notify United Pacific Bank and provide Your name, that You are discontinuing On-line Banking Service, and the effective date to stop the service. You may notify United Pacific Bank by one of the following methods:
- By calling (626) 965-6230, 9:00 a.m. to 5:00 p.m. Monday to Friday.
- By writing a letter and either sending it to the following address or giving it to a Banking Officer at any location:
- United Pacific Bank
1630 S. Azusa Ave.
City of Industry, CA 91748
- United Pacific Bank
United Pacific Bank may send notices and transaction information to You at Your account address that You provide Us in connection with this Service.
22. APPLICABLE LAW
This Agreement will be governed by the laws of the State of California and federal law.
EXTERNAL TRANSFER SERVICES AGREEMENT
This Agreement contains the terms and conditions that apply to use of United Pacific Bank (“we”, “us”, “the Bank”) External Transfer Services (“Service”). In this Agreement, the words "you" and "your" refer to you as the person entering into this Agreement. The words “you” and “your” also include any user you authorize to use the Service on your behalf. The words "we," "us," and "our" refer to United Pacific Bank.
OTHER AGREEMENTS YOU MAY HAVE ENTERED INTO WITH US INCLUDING ONLINE BANKING, DEPOSIT ACCOUNT AND RELATED ACCOUNT DISCLOSURES AND FEE SCHEDULES ARE INCORPORATED BY REFERENCE AND MADE A PART OF THIS AGREEMENT AND ALSO APPLY TO TRANSACTIONS MADE USING THE SERVICE. YOU SHOULD REVIEW THOSE AGREEMENTS FOR ANY APPLICABLE FEES, FOR LIMITATIONS ON THE NUMBER OF TRANSACTIONS YOU CAN MAKE, AND FOR OTHER RESTRICTIONS THAT MIGHT IMPACT YOUR USE OF AN ACCOUNT WITH EXTERNAL TRANSFER SERVICES.
THESE TERMS AND CONDITIONS MAY BE AMENDED, SUPPLEMENTED OR CHANGED AT ANY TIME. FAILURE TO COMPLY WITH ANY OF THESE TERMS MAY RESULT IN YOUR SUSPENSION OR TERMINATION OF USING THE SERVICE.
By using the External Transfer Services (“Service”), you acknowledge and accept this Agreement and agree to be bound by these terms and conditions in order to use the Service and to conduct account transfers between your bank accounts with us and your other external financial institution accounts.
- Agreement Coverage. This Agreement governs the use of External Transfer Services conducted within Online Banking. These services permit Bank customers to perform external account transfers through the use of a personal computer on accounts linked to the service, including some credit card accounts and investment accounts with other financial institutions.
Accepting the Agreement. When you use the Service as described in this Agreement, or authorize others to use them, you agree to the terms and conditions in this Agreement.
Customer Acknowledgement. Customer understands that any action taken pursuant to this Agreement will be conducted by electronic means or methods which comply with the operating and security procedures applicable to this Service. Customer affirms that Customer’s acts described in this Agreement will be attributed to Customer and will constitute the duly authorized electronic signature of Customer.
Change in Terms. This Agreement is subject to change from time to time. Generally, we will notify you in advance of any material change including fees via mail or on our website(s). If a change is favorable to you, we may not provide advance notice prior to making the change. Your continued use of the Service will indicate your acceptance of the revised Agreement. Further, the Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service.
Features and Services. The Service is designed to allow you to transfer funds to or from Service eligible accounts. You must be enrolled in Online Banking to use the Service which allows you to transfer funds between your linked personal deposit accounts at the Bank and certain deposit or investment accounts owned by you at other financial institutions using an account number and financial institution identifier (e.g. route transit or routing number).
Inbound transfers move funds into an account you own at the Bank from an account you own outside the Bank. An outbound transfer moves funds from an account you own at the Bank to an account outside the Bank that is owned by you. Service can be used with certain software and hardware such as a personal computer. The use of your software and hardware in conjunction with the Service account transfer information will be captured and delivered electronically.
Eligibility Requirements. In order to be eligible for the Service:
You must be an account holder or designated as an authorized signer of an active, eligible account and be approved by the Bank subject to qualification/eligibility criteria described further.
Eligible United Pacific Bank Account Types for the Service: consumer checking accounts, consumer savings accounts, and consumer money market accounts.
Ineligible United Pacific Bank Account Types for the Service: Kids Savings accounts, savings accounts pledged to loans, minor accounts, certificate of deposit accounts and business accounts.
Transfers are available only for consumer accounts and for personal, family or household purposes.
You agree that you only transfer funds within U.S.
You can add up to five bank, credit union, or brokerage accounts eligible for funds transfers. We require verification of account ownership and activation before the Service is available.
- Use of Service. To use the Service:
You must be enrolled in Online Banking and agree to the Internet or Online Banking and External Transfer Service Agreements.
You will need to provide certain identifying information about each account in order to register that account for this Service. For all transfers, you agree that you will only attempt to register personal accounts that you own or for which you have the authority to transfer funds.
Delivery speeds for domestic (U.S.) transfers are three business day (Standard) and next business day (Express) transfers. See Section 8 for detailed descriptions of these transfers.
You agree that you will have sufficient available funds in the designated deposit account to cover all outbound transfers on the date scheduled. If the account does not have sufficient available funds on the scheduled date, we may elect not to initiate one or more of the transfers. If we do elect to initiate the transfer, it may cause an overdraft in your account in which case you shall be liable for the overdraft and any overdraft fees and interest thereon, as set forth in your Deposit Account Agreement and our Account Requirements and Fees disclosure. If we do elect to initiate the transfer, you agree to pay all related fees as disclosed in your Deposit Agreement.
You agree that the Bank may use any means or routes which we in our sole discretion consider suitable to execute your transfer. Standard and Express transfers may be made through the Automated Clearing House (ACH) processor selected by us or directly to another bank, and you agree will be subject to the National Automated Clearing House Association (NACHA) rules or our agreement with the other bank, in effect at such time, as applicable.
You will be subject to the terms or instructions which may appear within user guides; and/or other information or documentation that the Bank may provide to you on the website www.upbnet.com or through other methods.
Your use of the Service is also subject to, and you agree to comply with the applicable state and federal rules, laws and regulations which may include: National Automated Clearing House Association (NACHA) and other applicable Automated Clearing House (ACH) rules, Electronic Funds Transfers Act (EFTA), Regulation D and other applicable regulations, circulars or agreements; Office of Foreign Asset Control; the Bank Secrecy Act; the USA PATRIOT Act; the Uniform Commercial Code (UCC); and others that may be amended from time to time.
The Bank reserves the right to reject an enrollment request for any reason, including without limitation potential fraud or misuse, limitations as outlined by the United States Department of the Treasury’s Office of Foreign Assets Control, or an incomplete enrollment.
You may be subject to penalties by the other financial institution, or may suffer negative tax consequences, for certain transactions involving retirement (401k, IRA, etc.), savings, money market accounts, certificates of deposit, trusts, loans, custodial, business, corporate and other types of accounts. It is your responsibility to verify with the external financial institution any restrictions regarding transfers to or from any External Account that you enroll. The Bank is not responsible for direct, indirect, special or consequential costs, fees, losses, penalties, or other damages resulting from External Transfers that are not permitted under restrictions of other financial institutions or those imposed by applicable laws and regulations.
The Bank is not responsible for any third party hardware or software you may need to use the Service. Any such hardware/software is subject to the terms and conditions of the hardware/software agreement with the third party software provider of the hardware/software for your use.
- Transfer Service Types Available: Some of the transfer services described below may not be available for certain accounts, customers, or if you access Online Banking through the mobile banking app or mobile web.
- Types of domestic (U.S.) outbound transfers:
- Standard transfers: Funds will be debited from your Bank account on the business day you direct us to initiate processing of the transfer, and the funds will typically be credited to the receiving account on the third business day after the transfer is initiated.
- Express transfers: Funds will be debited from Bank account on the business day you direct us to initiate processing of the transfer, and the funds will typically be credited to the receiving account on the next business day after the transfer is initiated.
- Types of domestic (U.S.) inbound transfers:
Standard transfers: Funds typically will be debited from your account outside the Bank on the business day after you direct us to initiate processing of the transfer and the funds will typically be credited to your Bank personal account on the third business day after the transfer is initiated.
Express transfers: Funds typically will be debited from your account outside the Bank on the business day after you direct us to initiate processing of the transfer and the funds will typically be credited to your Bank personal account on the next business day after the transfer is initiated.
- Types of domestic (U.S.) outbound transfers:
Qualification, Changes or Discontinuation of Service. The Service has qualification requirements as described below, and we reserve the right to change your qualification at any time without prior notice. We reserve the right to change, suspend, or discontinue the Service, in whole or in part, or your use of the Service, in whole or part, immediately and at any time without prior notice to you. You may also discontinue your use of the Service at any time.
- In general, the qualification requirements are:
- Any of your deposit accounts with us must be current or in good standing.
- Your funding account has been open for more than 24 hours.
- You have not had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Bank deposit account during the current or 3 prior calendar months.
- You have not had any prior transfer canceled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, fraudulent activity, or any similar reason.
- You confirm that if any of your accounts is a joint account, your joint account holder has consented for you to use your accounts for the Service. We will end your use of the Service if any joint account holder notifies us that (i) they never consented to your use of our Service, (ii) the joint account can no longer be operated on your instruction alone, or (iii) they are withdrawing consent for you to operate the joint account.
- Express transfers are permitted only at our discretion. In addition to the general qualification requirements, we apply minimum limits related to the number and dollar amount of transfers.
- In general, the qualification requirements are:
- Transfer Limits. All funds transferred via the Service are subject to Bank review based on to and from accounts, the amount of the transaction, and your relationship with us, successful fraud screening and other factors we may consider from time to time. The limits available to you and your accounts are viewable within the Service window in Online Banking.
If we determine there are risks associated with a transfer or if we determine you are no longer qualify as described in Section 9, we may delay or cancel the transfer and notify you, or direct you to contact us to provide additional details on the transfer before it is initiated or funds are released.
We reserve the right to impose limits on the amount(s) and/or number of transfers that you initiate using the Service and to modify such limits from time to time. External transfer limits are established in different amounts.
Minimum transfer amount is $10.
Standard Transfer Limits:
Monthly (rolling 30 day period)
- Next Day Transfer Limits:
Monthly (rolling 30 day period)
Any transfer initiated on a day that is not a business day as described in Section 11 begins processing on the following business day and counts toward the applicable dollar limit for the next business day.
We may change your dollar limits at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits below the amounts stated above or cancel your transfers without prior notice when you cease to meet qualification criteria as described in Section 9.
We will use best efforts to provide oral, written or electronic notice to you of rejection of a transfer on the scheduled date of initiation of the transfer; provided, however, that the Bank shall not be liable to you for interest compensation for failure to give such notice.
Cut-Off Times and Availability of Funds. The cut-off time for Standard transfers is 10:00 p.m. PST on a business day. The cut-off time for Express transfers is 5:00 p.m. PST on a business day. Any transfer initiated after the applicable cut-off time will be considered as being initiated on the next business day. Funds deposited to your account at the Bank using the Service will generally be made available as outlined in Section 8.
A business day is Monday through Friday, excluding Federal holidays and other days as posted in our branches or our website at www.upbnet.com.
- Delivery and Receipt of Transfers. The Bank cannot guarantee the timely delivery or return of funds as a result of the failure of another financial institution to act in a timely manner. You agree that all transfers received by us are subject to verification and final inspection by us.
- Initiating, Scheduling and Processing Transfers. The Service is generally available to you 24 hours a day, 7 days a week through Online Banking, except as described in Section 15. Depending on the type of transfer request, you may use the Service to choose delivery speed as described in Section 8 and choose to schedule the transfer on an immediate, one-time future dated or a recurring basis as described below.
You will be asked to pick the date that you want us to initiate the processing of the transfer. For example, if you direct us to initiate processing an outbound transfer immediately and choose Express delivery, funds will be debited from account with us on the business day you schedule the transfer and typically will be credited to the receiving account on the next business day after the transfer is initiated.
In addition to choosing the delivery speed, as described above, for domestic transfers one-time future dated or recurring transfers scheduled for a weekend or a non-business day will be processed on the prior business day.
A transfer remains "In Process" until fully processed and it will appear as "In Process" on the Transfer Activity tab under Send Money To/From My Accounts at Other Banks within Online Banking.
Transfers remain "In Process" until the close of business on the day the funds are scheduled to be credited to the receiving account.
For inbound transfers, Standard delivery speed is available to all consumer customers participating in Transfers under Send Money To/From My Accounts at Other Banks within Online Banking, but you agree we may cancel a transfer, without prior notice if you no longer qualify for the Service as described in Section 9.
Domestic U.S. Inbound or Outbound Transfers:
Can be scheduled on either an immediate, one-time future dated or a recurring basis.
Processing of one-time domestic transfers may be initiated immediately or scheduled for initiation on a future date.
Recurring transfers may be scheduled for up to one year in advance.
The recurring transfer feature may be used when a set amount is transferred at regular intervals. For example, you may schedule a $200 transfer from an account you own at another financial institution to your Bank checking account every week.
- Cancelling Transfers. You can cancel future dated and recurring transfers through the Service. The preferred method for cancelling transfers is via Online Banking on our website www.upbnet.com.
You cannot submit transfer cancellation requests for transfers that are in the status of In Process or Processed. Cancel requests must be submitted and received by the following times:
If you direct us to begin processing a transfer immediately or a transfer's status is In Process or Processed, you no longer have the right to cancel it. However, the Bank at its option, may attempt to cancel the transaction on your behalf.
We cannot guarantee successful cancellation for any transfer request that is in the status of In Process or Processed.
If you attempt to cancel a payment or transfer in accordance with the above and we do not do so, we will be liable for your losses or damages.
- Service Availability. The Service is generally available 24 hours a day, 7 days a week. However, when using the Service, you may experience technical or other difficulties or the Service may be unavailable for system maintenance. We will attempt to post alerts to our website(s) or through the Service to notify you of these interruptions in service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur due to loss of the Service provided by the Bank or its third party provider. The Bank is not responsible to provide an alternate method of External Transfer Service(s) if the Service is not available to you.
- Security. By enrolling in Online Banking and accessing the External Transfers Service using your online Access ID and Password, you acknowledge and agree that this system includes security procedures for transfers initiated through this Service that are commercially reasonable. Tell us at once if you believe your Online Banking Access ID and Password has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking and the Service could cause you to lose all of your money in your accounts. When you give someone your Online Banking Access ID and Password, you are authorizing that person to use your Service, and you are responsible for all transactions that person performs while using your Service. All transactions that person performs; even those transactions you did not intend or want performed, are authorized transactions.
- Fees. While this Agreement remains in effect, you agree to the normal account or deposit service charges established from time to time by the Bank and, in addition fees and charges set forth in the Account Requirements and Fees disclosure as provided to you from time to time, and all other fees and charges as agreed upon from time to time between you and the Bank.
- Standard Transfer: No Fee
- Next Day Transfer (Inbound or Outbound): $3.00
- ACH Return Fee (such as NSF return, etc.): $30.00
We reserve the right to change fees and will provide prior notice to a change in fees as required by law or regulation.
- Errors, Omissions or Discrepancies. You agree to follow our error notification process as outlined and defined in the Deposit Account Agreement governing your account. We provide you with periodic statements that will identify transfers submitted to us through this Service. You may also review transaction information for your account through the Online Banking Service. You agree you will review the information timely and notify us of any errors or suspected errors related to transfer requested with the Service as soon as possible after they occur and within the time periods identified in your Account Agreement. Unless you notify us as outlined in your Account Agreement, the periodic statement containing the transfer requested through the Service is considered to be correct and you cannot bring a claim for alleged errors.
- Investigations. You agree to cooperate with the Bank in the review or investigation of any transactions or claims including without limitation, providing upon request without further cost; any originals or copies of records in your possession relating to transfer requests.
- Limitation of Liability. Our liability for Standard and Express domestic transfers involving a transfer to or from an account is as described in the Error Resolution section of the Online Banking Agreement. You agree to be liable for any errors, or inaccuracies or any other loss sustained by you through use of this Service. In all cases, you are responsible for any loss or overdraft plus additional applicable fees to your account due to a transfer requested.
- Termination. We may terminate this Agreement at any time and for any reason. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement; if you use the Service for any unauthorized or illegal purposes; you do not meet our qualification or eligibility criteria; or you use the Service in a manner inconsistent with the terms of your Customer Agreement, Deposit Account Agreement, related disclosures or any other Agreement with us. This Agreement shall remain in full force and effect unless and until it is terminated by us or by you; you no longer qualify, or through discontinuation and disenrollment of the Service.
- Indemnification. You agree to indemnify, defend and hold harmless the Bank, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from your use of the service or from our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement.
By using the On-line Banking Service, You acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions, which are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which We implement in compliance with these procedures, unless You have given Us prior notice of possible unauthorized use as described above (and We had a reasonable opportunity to act on such notice).
After clicking on the "I Agree" button above, please setup your User Code and Password for UPB's Online Banking.