• Personal Banking
  • Business Banking
  • Loans
  • About Us
Pacific National Bank

PACIFIC NATIONAL BANK
 

E-Sign Disclosure and Consent for Remittance Transfer Requests You Transmit Via Electronic Mail

 This E-Sign Disclosure and Consent (“Disclosure”) applies to all Communications relating to all requests for Remittance Transfers received by Pacific National Bank (“PNB”) via electronic mail (“e-mail”).  A Remittance Transfer is an electronic transfer of funds in an amount greater than US$15.00, originated by a consumer in the US (or from the US bank account of a consumer), for personal, family, or household purposes, to be sent to a recipient (consumer or business) located in a foreign country, by a remittance transfer provider (such as PNB).  The words “we,” “us,” and “our” refer to PNB, and the words “you” and “your” mean you, the individual who transmits a Remittance Transfer to PNB.  Account means the account(s) you have with PNB.  Communication means any disclosure, notices, receipts, responses to inquiries or claims, and all other information related to Remittance Transfers, including, but not limited to, information that we are required by law to provide to you in writing.

1. Scope of Communication to be Provided in Electronic Form. You agree that we may provide you with any Communications regarding requests for Remittance Transfers that you transmit to us via e-mail by means of a return e-mail communication transmitted to the same e-mail you used to transmit to us your request for a Remittance Transfer.  Your consent to receive e-mail Communications applies to all Communications relating to such Remittance Transfers.  If you send us a request for a Wire Transfer or Remittance Transfer via email, you confirm your consent to receive disclosures electronically.

2. Method of Providing Communications to you in Electronic Form. All Communications that we provide to you in electronic form will be provided via return e-mail transmitted to the address which you used to transmit to us your request for a Remittance Transfer.   

3. How to Withdraw Consent. You may withdraw your consent to receive communications in electronic form by contacting us at (305) 539-7500.  We will not impose any fee to process the withdrawal of your consent to receive electronic Communications, however, if you withdraw your consent we will not process any request for Remittance Transfer which you transmit to us via e-mail.  At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic communications. Any withdrawal of your consent to receive electronic Communications will be effective after we have a reasonable period of time to process your withdrawal.

4. How to Update your E-mail Records.  It is your responsibility to ensure that the e-mail which you use to transmit a request for Remittance Transfer to us remains true, accurate, and complete for the period of time necessary to provide you with Communications required in connection with such Remittance Transfer, typically for a period of 5 days from the date of your request for a Remittance Transfer or your inquiry regarding a Remittance Transfer.  You can update your email information by contacting us in writing at 1390 Brickell Avenue, Miami, Florida, 33131 Attention Operations Department. 

5.  Hardware and Software Requirements.  In order to receive and view our electronic Communications, you will require use of a personal computer and modem, or wireless device (collectively, "Equipment") with 128-bit SSL encryption, Internet Explorer version 6.0 or higher, and Adobe Acrobat Reader 5.0 or higher (collectively, "Software") that allows you to view, print, and/or retain PDF documents.   Any changes in hardware or software may create the risk that you will no longer be able to access or retain electronic disclosures. 

6.  Requesting Paper Copies.  You should not expect to receive a paper copy of any Communication regarding your Remittance Transfer unless you request it or we otherwise deem it appropriate to do so.  You can obtain a paper copy of a Remittance Transfer Communication we send you via e-mail by printing it or by requesting that we mail you a paper copy, provided that such a request is made within a reasonable time after we first provided the electronic communication to you.  If you wish to receive a paper copy, please contact us by telephone at (305) 539-7500.  We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you via e-mail.  We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

7.   Communications in Writing.  All communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other communication that is important to you.

8.  Federal Law.  You acknowledge and agree that your consent to electronic communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act. 

9. Consent. By consenting to this Disclosure, you agree that you have read, understand and agree to be bound by the terms of this Disclosure in connection with Communications regarding Remittance Transfers.

DLR 11/04/13

 

INTERNET BANKING AGREEMENT

This is the Agreement that will govern your Pacific National Bank Online Banking Services ("Online Banking"), which are described in the section below entitled Online Banking Services. This Agreement includes certain disclosures applicable to electronic fund transfers.

This Agreement is in addition to other agreements between you and us, including the terms and conditions contained in the brochure entitled "Your Deposit Account" which governs your checking, savings, and other deposit accounts held at Pacific National Bank, and any loan, credit, credit card or other agreements between you and us, all of which we have provided to you separately. This Agreement is not intended to alter, affect or amend the terms and conditions of the "Your Deposit Account" brochure, or any other terms and conditions that are applicable to a particular product or service you obtain from Pacific National Bank. This Agreement is the entire agreement between you and us with regards to Online Banking, and it supersedes any marketing or other similar material pertaining to Online Banking delivered to you in writing, verbally or obtained at our site or the site of an Internet service provider or other communication providers. If there is a conflict between any term or condition of this Agreement and any term or condition contained in any other agreements between us, this Agreement will govern with respect to Online Banking services. No verbal representations by a Pacific National Bank representative may vary, modify or amend the terms and conditions of this Agreement.

You also agree to abide and be bound by the terms, conditions, and other limitations contained in the Legal Information tab at the bottom of the Home Page of the Pacific National Bank website (the "PNB Website") found at www.PNB.com, and by other express limitations and restrictions related to Online Banking provided under this Agreement and elsewhere on the PNB Website. Product descriptions, definitions, explanations of uses, Frequently Asked Questions, Glossary of Terms, and helpful Hints provided on the PNB Website are provided for your convenience only.

In this agreement, the words "we," "us", "our", and "bank" mean Pacific National Bank and its successors or assigns. "Service Provider" refers to any third party acting on behalf of the bank to provide Pacific National Bank Online Banking. When we use the words, "you" or "your" we mean each person who has an interest in an account or any other relationship which is accessible through Online Banking and any person authorized to access Online Banking. "Online Banking" refers to information, communication and transactions provided to you by us through any non-branch remote channel, including the PNB Website at www.PNB.com, including, but not limited to, account information, funds transfers and bill payments or any products or online services offered by or through the bank, as described in the section below entitled Online Banking Services.

When you use Online Banking or you permit any other person to use Online Banking, you agree to the terms and conditions we have set out in this agreement and any additional materials which we provide you regarding instructions for Online Banking. Your use of Online Banking may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications which are acceptable to us. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, unless you can provide proof of altered data or tampering.

Equipment and Software

In order to access Online Services you will require a personal computer and modem, or wireless device (collectively, "Equipment"), as well as "world wide web" browser software and an Internet access account (collectively, "Software"). The Software, and any future upgrades, must be loaded and operational on your Equipment and you must use applicable means, appropriate to the Equipment and Software, to access Online Banking. To receive account information by electronic transmission you will require 128-bit encryption. You are also required to secure your Equipment and Software against Malware (as defined in the paragraph below) in order to protect your Equipment and Software and information stored on your Equipment and Software (for example, you are required to install and regularly update virus protection software). We are not responsible for providing you with any Equipment or Software and you must purchase your own Equipment and Software. You agree to all of the above.

You also agree that our liability for viruses, worms, Trojan horses, malware, spyware or other similar harmful components ("Malware") that may enter your Equipment or Software by downloading, importing or otherwise obtaining information, software or other materials from our site shall be limited to replacing, or the reasonable cost of replacing, the lost information, software or other material that you obtained from our site. We will not be responsible or liable for any indirect, incidental or consequential damages which may result from such harmful Malware.

In no event will we, or our officers, directors, employees or agents, be liable to you for any indirect, incidental or consequential damages arising out of the use, misuse or inability to use Online Banking, or for any loss of any data, even if we have been informed of the possibility of such damages.

WE MAKE NO WARRANTY TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

WE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT OF THE PNB WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THE PNB WEBSITE AND YOUR BROWSER, NOR FOR ANY OTHER PROBLEMS YOU MAY EXPERIENCE IN ACCESS AND/OR USING THE PNB WEBSITE.

Account Access

To have access to Online Banking, you must be an authorized user of the Software you select, if required, for use with the Equipment. You also must have at least one personal or non-personal account with us that is eligible for Online Banking (an "Eligible Account"). Eligible Accounts include only accounts where any signatory, acting alone, is authorized to conduct transactions on the account. If you enroll in Online Banking and have more than one Eligible Account we will "link" your Eligible Accounts together on Online Banking. Each Eligible Account that is "linked" to Online Banking is referred to in this agreement as a Selected Account. For Savings and Money Market Selected Accounts, each payment or transfer from these accounts is counted as one of the six (6) transfers you are permitted each statement period.

User IDs/Passwords/Access Codes

During your enrollment for Online Banking, you are required to select, or will be assigned, a User ID and Password (collectively, the "Access Codes"). Use of the Access Codes is the required and agreed to security procedure to access Online Banking through any Equipment and Software. By using Online Banking you agree that this is a satisfactory and acceptable security method. YOU ALSO AGREE TO KEEP YOUR ACCESS CODES CONFIDENTIAL TO PREVENT UNAUTHORIZED ACCESS TO YOUR ACCOUNTS AND TO PREVENT UNAUTHORIZED USE OF ONLINE BANKING. You may not change your assigned User ID; however, you may assign an additional name to your Online services. After enrollment, when you initially log with your assigned User ID and Password, you will be prompted to change your assigned Password. Afterwards, you may also change your Password at any other time. For security purposes we require that you do not use the same Password that you use on other bank products, such as the automatic teller machine.

Your Responsibility

You are responsible for all transfers and bill payments you authorize using Online Banking. If you permit other persons, or other entities, access to use Online Banking, or if you provide them with your Access Codes (either the User ID or Password) or additional Online Banking information, you are responsible for any transactions they authorize from your Selected Accounts. YOU SHOULD NOTIFY US IMMEDIATELY BY CALLING US AT (305) 539-7500, OR WRITING TO US VIA FAX AT (305) 539-7600, OR VIA MAIL AT Pacific National Bank, 1390 Brickell Avenue, Miami, FL 33131 IF YOU BELIEVE YOUR USER ID OR PASSWORD HAS BEEN LOST, STOLEN OR USED WITHOUT YOUR PERMISSION. Telephoning us right away may help you reduce possible losses from unauthorized transactions. You could lose all the money in your account, plus the maximum amount of any overdraft protection credit line you may have. To the extent that an unauthorized transaction is an electronic funds transfer, you can lose no more than $50 if you notify us within two (2) business days of discovering any unauthorized use of Online Banking or your User ID or Password. However, you can lose as much as $500 if you do not notify us within two (2) business days of discovering unauthorized use, and we can prove we could have stopped someone from using Online Banking or your User ID or Password without your permission if you had told us.

Also, if your account statement shows transfers that you did not make, notify us as soon as you discover such transfers. If you do not notify us within sixty (60) days after the statement was mailed or provided to you electronically you risk unlimited losses on transactions made after the sixty (60) day period if we can prove that we could have prevented the unauthorized use had we been notified within this sixty (60) day period. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Our Responsibility

We, or our Service Provider, are responsible for completing Online Banking transactions from your Selected Account(s) on time according to your properly entered and transmitted instructions. However, neither we nor the Service Provider will be liable:

  • If you do not have adequate money in a deposit account to complete a transaction from the account, or if that account has been closed;
  • If you have not properly followed Online Banking or Bill Pay instructions on how to process a transfer or bill payment;
  • If you have not given complete, correct and current instructions so that a transfer or Bill Pay transaction can be processed;
  • If you do not authorize a Bill Pay transaction soon enough for your payment to be made and properly credited by the biller by the time it is due;
  • If you request a payment amount that is below the minimum, or exceeds the maximum, dollar limit for an individual payment;
  • If a timely Bill Pay transaction is processed but the payee nevertheless does not credit your payment promptly after receipt;
  • If withdrawals from any Selected Accounts have been prohibited by a court order such as a garnishment or other legal process;
  • If we or our Service Provider reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed;
  • If your Equipment and/or Software were not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or Bill Pay transaction;
  • If circumstances beyond our or our Service Provider's control prevent the processing of a transfer or Bill Pay transaction, despite reasonable precautions that we have taken. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, billers, fires, floods, and other natural disasters.

There may be other exceptions to our liability as stated in the agreement entitled "Your Deposit Accounts".

Online Banking Services

Depending upon the particular features of Online Banking and the Equipment and Software you select, you may be allowed access to the following Online Banking features by first entering your Access Codes:

Account Information: You may use Online Banking to obtain an account summary, interim statements and other certain information about your Selected Account(s) at the Pacific National Bank Online Banking site. You may experience inconsistent or delayed balance information as a result of transaction posting times.

Funds Transfers: You may use Online Banking to transfer funds between any of your Selected Accounts. If you are transferring funds between your Selected Accounts using Online Banking you will be required to provide Access Codes. All Selected Accounts which are linked may be accessed for funds transfer by all persons who have your Access Codes without regard to whether or not those persons can sign on one or more of those Selected Accounts. Online funds transfers made Monday through Friday after 5:00 ET or anytime on Saturday, Sunday, or U.S. federal bank holidays will be processed the next business day.

Bill Pay: Anyone having access to your Online Banking accounts can set up bill payment services ("Bill Pay") through Online Banking on any of your Selected Account. You may use Bill Pay to make one-time, future-dated, and automatic (repeating) payments from a Selected Account that you enroll in Bill Pay. Using the Bill Pay service, you may only pay established payees with United States Postal Service addresses. While payments to most payees can be made using the Bill Pay service, we reserve the right to refuse to make payments to certain payees, such as for alimony, child support, tax and other court or government directed payments, fines or penalties. You will be required to provide your Access Codes to access Bill Pay. Bill Pay transfers from any Selected Account may be initiated by anyone having your Access Codes even if that person is not a permitted signer on the account. A request to schedule Bill Pay transaction for a new payee must be received at least 3 business days in advance of the payment date if an Electronic Payee and 5 to 7 business days if a Payee is to be paid with a paper check.

Bill Pay payments are generally made electronically ("Electronic Bill Payments"). However, if a payee is unable to receive electronic payments, the Bill Payment will be made in paper form ("Paper Bill Payments"). You agree to allow at least 3 business days between the date you schedule an Electronic Bill Payment to be made and the payment due date. You agree to allow at least 5 to 7 business days between the date you schedule a Paper Bill Payment to be made and the payment due date. When anyone having access to your Online Banking accounts has entered and transmitted a payment instruction, you authorize us, or our agent, to reduce the balance in your Selected Account accordingly. If there are insufficient funds in your Selected Account to make the payments you have authorized, we may either refuse to pay the item or we make the payment and thereby overdraw your Selected Account. In either event, you are responsible for any non-sufficient funds (NSF) and overdraft charges the Bank may impose, as stated in our "Your Deposit Account" brochure and "Schedule of Charges".

If you wish to stop payment on a Bill Pay transaction you previously authorized, and you are unable to cancel via the Bill Pay service, contact us at (305) 539-7500, or FAX us at (305) 539-7600 in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. An Electronic Bill Payment cannot be stopped if Online Banking Bill Pay indicates that the status of the payment is "PROCESSED." If you call, we may require you to confirm your request in writing, which must be received by us within 14 days after you call. Requests for stopping Bill Pay transactions after 2:00 PM on a business day will be processed on the next business day. If you tell us to stop a Bill Pay Transaction three (3) business days or more before a payment date, and we do not do so, we will be liable for your losses or damages. You will be charged a Stop Payment Fee. Please see our "Schedule of Charges" for the amount of the fee.

Inactivity

If you do not log on, or have outstanding scheduled bill payments or transfers through Online Banking or Bill Pay for 90 days, we may cancel your Online Banking and Bill Pay services, and this agreement, without further notice.

On-line Banking and Bill Pay Fees

Pacific National Bank provides Online Banking and Bill Pay services without any additional fees.

Reporting Unauthorized Transactions

If you believe that an unauthorized transaction has been or may be conducted from one of your Selected Accounts without your permission, you must immediately notify Pacific National Bank at: (305) 539-7500 , or write to: Pacific National Bank, 1390 Brickell Avenue, Miami, FL, 33131 or fax us at: (305) 539-7600. Failure to give immediate notice as herein provided will result in your liability for any loss occasioned by the unauthorized transaction.

Periodic Statement

You will be mailed, or presented electronically, periodic statements for your Selected Account(s) as scheduled in our "Your Deposit Account" brochure. In addition to reflecting your other account activity, your statements will include any transfers or Bill Pay transactions you authorize using Online Banking.

Business Days

Our business days are Monday through Friday 9:00 AM to 5:00 PM except United States federal bank holidays.

Hours of Operation

An employee will be available to assist you with any Online Banking or Bill Pay issues on any of our business days between the hours of 9:00 AM to 5:00 PM Eastern Time. Although Bill Pay transactions can be processed only on business days, you can access Online Banking and Bill Pay 24 hours every day, except during scheduled maintenance periods.

Disclosure of Account Information to Others

As described below, we may disclose information to third parties about your Selected Accounts if:

  • We have entered into agreements to have third parties provider services or receive your information in connection with Online Banking services, including Bill Pay. Such service providers are required to adhere to our standards of security and privacy protection. We will provide such service providers with information about your Selected Accounts and your online transactions in order to carry out your instructions;
  • It is necessary or advisable, in our judgment, for completing transfers and Bill Pay transactions;
  • It is necessary or advisable, in our judgment, to verify the existence and condition of a payment account for a payee or holder of a check issued by use of Bill Pay;
  • In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information;
  • If you give us your written permission.
  • As provided in our Privacy Policy, located on the PNB Website Home Page via the PRIVACY tab at the bottom of the page.

All deposit, withdrawal, payment, and status information contained on the Online Banking service concerning all Selected Accounts that are linked under the same User ID and Password is available to every person having access to such Selected Accounts. You hereby release us, indemnify us, and hold us harmless from and against any loss or damage, including reasonable attorney's fees, arising from the disclosure of such information.

Credit Information

You acknowledge and agree that we, or a third party acting as our agent, may obtain and use information from credit bureaus and consumer reporting agencies in connection with any accounts, products and services offered by us to investigate or reinvestigate any information provided by you. We may also verify your employment, salary, assets, debits and references.

Electronic Fund Transfer Error Resolution

In case of errors or questions about Online Banking transactions, including Bill Pay transactions, or other electronic transactions initiated from your Online Banking account(s), contact us immediately. You can telephone us at (305) 539-7500, fax us at (305) 539-7600, send a secure message while you are logged into Online Banking through the Contact Us tab, or write us at Pacific National Bank, 1390 Brickell Avenue, Miami, FL 33131. 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 send or deliver to you the FIRST statement on which the problem appeared.

  • Tell us your name and account number (if any).
  • Describe the suspected error or the nature of the problem, or describe what information you need, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

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

Email

Through the use of certain Equipment and/or Software, you can use electronic mail (email) to contact us about inquiries, maintenance and/or problem resolution issues. Email is not a secure method of communication over the Internet and we recommend you do not send confidential information by Internet email. If you would like a secure way to contact us, log into Online Banking, click on the Contact Us tab and send us a secure message. You also may use the secure electronic forms provided with certain Equipment and Software, however, electronic forms provided with such Equipment and Software are not supplied by Pacific National Bank and Pacific National Bank assumes no responsibility for the security of message sent via such forms).

In order to use Online Banking, you must provide us with a valid email address. It is your responsibility to ensure we have a valid email address at all times. To update your email address, log into Online Banking, click on the Contact Us tab and follow the prompts for changing your email address, or call us at (305) 539-7500.

Important Note for Non-Personal Account Holders

The loss, theft or unauthorized use of your Access Codes could cause you to lose all of the money in your account, plus any amount available under your overdraft protection credit line. Your use of Online Banking under a non-personal Selected Account is your agreement to assume all risks and losses associated with the disclosure of your Access Codes to your employees or other persons. We strongly advise you to refrain from any sharing of your Access Codes among your employees or other persons. Without diminishing the foregoing statement, you agree to limit disclosure of your Access Codes to those employees and other persons you authorize to use Online Banking.

Liability for Loss or Erroneous Data

We and you will each bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of our respective computer systems or third party communications provider on which we each may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.

Changes/Interruptions in Online Banking/Bill Pay

We may perform maintenance on our equipment or system on a regular basis. Such maintenance may result in interrupted Online Banking or Bill Pay service or errors in Online Banking or Bill Pay. We also may need to change the scope of Online Banking or Bill Pay service from time to time. We will attempt to provide prior notice of such interruptions and changes, but cannot guarantee that we will be able to provide such prior notice. You may experience inconsistent or delayed balance information depending on the Equipment used to access Online Banking.

Release and Indemnification

You acknowledge that (a) all Selected Accounts linked to the same Access Codes may be accessed by anyone who has those Access Codes, and (b) anyone who has the Access Codes for a Selected Account can transfer money from that Selected Account to another linked Selected Account, even if that person is not a signatory on the Selected Account from which the funds are transferred, and if that person is an authorized signatory on the Selected Account to which the funds are transferred, that person may access such money from such account. You agree to indemnify, hold harmless and release us and our service providers from and against any and all claims, demands, losses, charges, expenses, legal fees, costs and liabilities, of whatever kind or description, including without limitation, attorneys fees, arising out of or related in any way from your use of Online Banking, Bill Pay or the PNB Website or the use by any person who has the Access Codes for your Selected Accounts, whether or not such use is authorized, or arising out of or related in any way to your violation of this Agreement. Further and in no event will we, or any of our officers, directors, employees, or agents be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use Online Banking, Bill Pay or the PNB Website, or for any loss of any data, even if we have been informed of the possibility of such damages.

Sharing Information/Privacy

We are committed to protect your privacy. All information collected from you in connection with your use of Online Banking will be governed by the terms and conditions of our Privacy Policy, which can be found on the PNB Website Home Page via the PRIVACY tab at the bottom of the page. Certain account and transaction information is shared with the Online Banking and Bill Pay service providers. No other outside party receives this information with the exception of credit reporting agencies.

Ownership of Website Materials

The content and information on our website is copyrighted by Pacific National Bank and the unauthorized reproduction or distribution of any portions is prohibited.

Security

In order to maintain secure communications and reduce fraud, you agree to protect the security of your Access Codes (User ID and Password) or other means of identification. We reserve the right to block access to Online Banking to maintain or restore security to our website and systems, if we reasonably believe your Access Codes (User ID and Password) have been or may be obtained or are being used or may be used by an unauthorized person(s).

Severability

If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or the validity of any other provision of this Agreement in that or any other jurisdiction.

Area of Service

We reserve the right to limit access to Online Banking to customer who are outside of the United States of America.

Governing Law

This Agreement, and the use of the PNB Website, shall be subject to the laws of the State of Florida and the applicable Federal laws of the United States, without regard to conflict of laws principles. Any action or proceeding arising out of or concerning This Agreement and the use of the PNB Website shall be heard exclusively in the state and federal courts located in the State of Florida, Miami-Dade County. You waive and agree not to assert in any action or proceeding that you are not personally subject to the jurisdiction of such courts or that the action or proceeding is brought in an inconvenient or improper forum. YOU FURTHER AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY.

No Signature Required

When any payment or other online service generates items to be charged to your account, you agree that we may debit your designated Selected Account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you.

Amendment of this Agreement

We may change or amend this agreement (including changes in its fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation. Your continued use of Online Banking is your agreement to the changes or amendments.

Waiver

We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.

Assignment

We may assign the rights and delegate the duties under this Agreement to a company affiliated with us or to any other party.

Termination

Except as provided in this agreement under the heading "Inactivity," either you or we may terminate this agreement and any service provided hereunder at any time upon giving at least ten (10) business day's prior written notice of termination to the other party. If you terminate the Bill Pay service, you authorize us to continue making fund transfers, bill payments or other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers, payments or other transactions from your Selected Account, including any fund transfers or bill payments you have previously authorized. We reserve the right to terminate or to discontinue support of any equipment or software without written notice.

Third Party Sites

The PNB Website may contain links to websites owned, operated or controlled by third parties ("Third Party Sites"). Any links to Third Party Sites are provided solely for your convenience. Such Third Party Sites are not within the control of Pacific National Bank and may not follow the same privacy, security or accessibility standards as we do. Pacific National Bank neither endorses nor guarantees the offerings of these third parties, nor is Pacific National Bank responsible for the security, content or availability of these Third Party Sites.

 

PACIFIC NATIONAL BANK
TERMS AND CONDITIONS OF YOUR ACCOUNT
 
IMPORTANT ACCOUNT OPENING INFORMATION - Federal law requires us to obtain sufficient information to verify your identity. You may be asked several questions and to provide one or more forms of identification to fulfill this requirement. In some instances we may use outside sources to confirm the information. The information you provide is protected by our privacy policy and federal law.
 
AGREEMENT - This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Please read this carefully. If you sign the signature card or open or continue to use the account, you agree to these rules. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this
document. If you have any questions, please call us. This agreement is subject to applicable federal laws and the laws of the state of Florida (except to the extent that this agreement can and does vary such rules or laws). The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to:
(1) summarize some laws that apply to common transactions;
(2) establish rules to cover transactions or events which the law does not regulate;
(3) establish rules for certain transactions or events which the law regulates but permits variation by agreement; and
(4) give you disclosures of some of our policies to which you may be entitled or in which you may be interested.
If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the signature card for your account or in some other document. As used in this document the words “we,” “our,” and “us” mean the financial institution and the words “you” and “your” mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. The headings in this document are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular. “Party” means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary or agent.
LIABILITY - You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the Schedule of Charges. You authorize us to deduct these charges directly from the account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this agreement. Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and can be
deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. You will also be liable for our costs to collect the deficit as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your account including, but not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your account.
DEPOSITS - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of indorsement or lack of indorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check for deposit, we may require any third-party indorsers to verify or guarantee their indorsements, or indorse in our presence.
WITHDRAWALS -
Generally - Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to indorse any item payable to you or your order for deposit to this account or any other transaction with us.
Postdated checks - A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and charge your account for a postdated check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act.
Checks and withdrawal rules - If you do not purchase your check blanks from us, you must be certain that we approve the check blanks you purchase. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. If we are presented with an item drawn against your account that would be a “substitute check,” as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item. See the funds availability policy disclosure for information about when you can withdraw funds you deposit. For those accounts to which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal. In addition, we may place limitations on the account until your identity is verified.
Overdrafts - You understand that we may, at our discretion, honor withdrawal requests that overdraw your account. However, the fact that we may honor withdrawal requests that overdraw the account balance does not obligate us to do so later. You agree that we may charge fees for overdrafts and use subsequent deposits, including direct deposits of social security or other government benefits, to cover such overdrafts and overdraft fees.
Waivers - Even if we honor a nonconforming request, we are not required to do so later. We may treat continued abuse of the stated limitations (if any) as your act of closing the account, or we may at our option reclassify your account as a transaction account. If we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification.
Multiple signatures, electronic check conversion, and similar transactions - An electronic check conversion transaction is a transaction where a check or similar item is converted into an electronic fund transfer as defined in the Electronic Fund Transfers regulation. In these types of transactions the check or similar item is either removed from circulation (truncated) or given back to you. As a result, we have no opportunity to review the check to examine the signatures on the item. You agree that, as to these or any items as to which we have no opportunity to examine the signatures, you waive any requirement of multiple signatures.
Notice of withdrawal - We reserve the right to require not less than 7 days’ notice in writing before each withdrawal from an interest-bearing account other than a time deposit, or from any other savings account as defined by Regulation D. (The law requires us to reserve this right, but it is not our general policy to use it.) Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your notice of penalty for early withdrawal.
OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We reserve the right to refuse some forms of ownership on any or all of our accounts. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.
Single-Party Account - Such an account is owned by one party.
Multiple-Party Account - Such an account is payable on request to one or more of two or more parties, whether or not a right of survivorship is mentioned.
Multiple-Party Account - Tenancy by the Entireties - The parties to the account are husband and wife and hold the account as tenants by the entirety.
RIGHTS AT DEATH - Single-Party Account - At the death of a party, ownership passes as part of the party’s estate.
Multiple-Party Account With Right of Survivorship - At death of party, ownership passes to the surviving party or parties.
Single-Party Account With Pay-on-Death Designation - At death of the party, ownership passes to the designated pay-on-death beneficiaries and is not part of the party’s estate.
Multiple-Party Account With Right of Survivorship and Pay-on-Death Designation - At death of last surviving party, ownership passes to the designated pay-on-death beneficiaries and is not part of the last surviving party’s estate.
BUSINESS, ORGANIZATION AND ASSOCIATION ACCOUNTS - Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law or our policy. We may require the governing body of the entity opening the account to give us a separate authorization telling us who is authorized to act on its behalf. We will honor the authorization until we actually receive written notice of a change from the governing body of the entity.
STOP PAYMENTS - Unless otherwise provided, the rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of other types of transfers of funds, such as consumer electronic fund transfers, may be established by law or our policy. If we have not disclosed these rules to you elsewhere, you may ask us about those rules.
We may accept an order to stop payment on any item from any one of you. You must make any stop-payment order in the manner required by law, it must be made in a signed and dated writing, and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. When you place your stop payment order we will tell you what information we need to stop payment. This information must be exact since stop-payment orders are handled by computers. If your information is not exact your order will not be effective and we will not be responsible for failure to stop payment.
You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. Your stop-payment order is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six month period. We are not obligated to notify you when a stop-payment order expires. A release of the stop-payment request may be made only by the person who initiated the stop-payment order.
If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys’ fees. You assign to us all rights against the payee or any other holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order.
Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item).
AMENDMENTS AND TERMINATION - We may change any term of this agreement. Rules governing changes in interest rates are provided separately in the Truth-in- Savings disclosure or in another document. For other changes, we will give you reasonable notice in writing or by any other method permitted by law. We may also close this account at any time upon reasonable notice to you and tender of the account balance personally or by mail. Items presented for payment after the account is closed may be dishonored. When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items to be paid from the account. Reasonable notice depends on the circumstances, and in some cases such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your account, we might immediately freeze or close your account and then give you notice. You agree to keep us informed of your current address at all times. Notice from us to any one of you is notice to all of you. If we have notified you of a change in any term of your account and you continue to have your account after the effective date of the change, you have agreed to the new term(s).
STATEMENTS - Statements are a valuable tool to help prevent fraudulent or mistaken transfers. Your statement will show the transactions that occurred in connection with your account during the statement period.
Your duty to report unauthorized signatures, alterations and forgeries - Your statement will provide sufficient information for you to reasonably identify the items paid (item number, amount, and date of payment). You should keep a record of each transaction as it is made so that when we give you the information in the statement, you will have a complete understanding of each transaction listed.
You have some responsibilities in connection with your statement. You must examine your statement with “reasonable promptness.” Also, if you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you must bear the loss entirely yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we substantially contributed to the loss). The loss you might bear, in whole or part, could be not only with respect to items listed on the statement, but also other items with unauthorized signatures or alterations by the same wrongdoer. Of course, an attempt can be made to recover the loss from the thief, but this is often unsuccessful.
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but you will not, in any circumstance, have a total of more than 30 days from when we first send or make the statement available to you.
You further agree that if you fail to report any unauthorized signatures, alterations or forgeries 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 exercised ordinary care. The limitation in this paragraph is in addition to those contained in the second paragraph of this section.
Contact us if you do not receive your regular statement. If this is a business account, you agree that you will have at least two people review your statements, notices, and returned checks, or in the alternative, the person who reviews these will be someone who does not have authority to transact business on the account.
Your duty to report other errors - In addition to the Commercial Code and other state law, you agree there is a common law duty to promptly review your statement for errors in addition to unauthorized signatures, alterations or forgeries. Promptly reviewing your statement is valuable to both you and us because it can help identify, correct and prevent future mistakes.
In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error - such as an encoding error. You agree that the time you have to examine your statement and report to us will depend on the circumstances. However, such time period shall not exceed 60 days. Failure to examine your statement and report any such errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any such errors on items identified in that statement and as between you and us the loss will be entirely yours. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the 60 day time period to report other errors. Errors relating to electronic fund transfers or substitute checks - For information on errors relating to electronic fund transfers (e.g., computer, debit card or ATM transactions) refer to your Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution. For information on errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights.
ACCOUNT TRANSFER - This account may not be transferred or assigned without our prior written consent.
DIRECT DEPOSITS - If, in connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
TEMPORARY ACCOUNT AGREEMENT - If this option is selected, this is a temporary account agreement. This means that all account owners have not yet signed the signature card, or that some other account opening requirement has not been completed. We may give you a duplicate signature card so that you can obtain all of the necessary signatures and return it to us. Each person who signs to open the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time. SETOFF - We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt you owe us now or in the future, by any of you having the right of withdrawal, to the extent of such persons’ or legal entity’s right to withdraw. If the debt arises from a note, “any due and payable debt” includes the total amount of which we are entitled to demand payment under the terms of the note at the time we set off, including any balance the due date for which we properly accelerate under the note.
This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor’s right of withdrawal only arises in a representative capacity. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.
RESTRICTIVE LEGENDS - The automated processing of the large volume of checks we receive prevents us from inspecting or looking for special instructions or “restrictive legends” on every check. Examples of restrictive legends placed on checks are “must be presented within 90 days” or “not valid for more than $1,000.00.” For this reason, we are not required to honor any restrictive legend placed on checks you write unless we have agreed in writing to the restriction. We are not responsible for any losses, claims, damages, or expenses that result from your placement of these or other special instructions on your checks.
PAYMENT ORDER OF ITEMS - The law permits us to pay items (such as checks or drafts) drawn on your account in any order. To assist you in handling your account with us, we are providing you with the following information regarding how we process the items that you write. When processing items drawn on your account, our policy is to pay them according to the dollar amount. We pay the smallest items first. The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. Our payment policy minimizes the number of items that may result in an overdraft or NSF fee. If an item is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item (NSF). The amounts of the overdraft and NSF fees are disclosed elsewhere. We encourage you to make careful records and practice good account management. This will help you to avoid writing checks or drafts without sufficient funds and incurring the resulting fees.
CHECK PROCESSING - We may process items mechanically by relying on the information encoded along the bottom of the items. This means that we may not individually examine all of your items to determine if the item is properly completed, signed and indorsed. You agree that we have not failed to exercise ordinary care solely because we use an automated system to process items and do not inspect all items processed in such a manner. We reserve the right not to inspect each item because using an automated process helps us keep costs down for you and all account holders. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the time we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insufficient available funds.
CHECK CASHING - We may charge a fee for anyone that does not have an account with us who is cashing a check, draft or other instrument written on your account. We may also require reasonable identification to cash such a check, draft or other instrument. We can decide what identification is reasonable under the circumstances and such identification may be documentary or physical and may include collecting a thumbprint or fingerprint.
ACH AND WIRE TRANSFERS - This agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer for which Fedwire is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearing house association rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a payment order to credit an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.
STALE-DATED CHECKS - We are not obligated to, but may at our option, pay a check, other than a certified check, presented for payment more than six months after its date. If you do not want us to pay a stale-dated check, you must place a stop-payment order on the check in the manner we have described elsewhere.
FDIC INSURANCE - Funds in your account(s) with us are insured by the Federal Deposit Insurance Corporation (FDIC) and backed by the full faith and credit of the United States. The amount of insurance coverage you have depends on the number of accounts you have with us that are of different “ownership.” An individual account is one unique form of “ownership”; a joint account, a pay-on-death account, and a self directed qualified retirement account (e.g., an IRA) are examples of some of the others. Deposit insurance for a person’s self directed qualified retirement account is up to $250,000. (An
IRA is a self directed qualified retirement account as is any account where the owner decides where and how to invest the balance.) Deposit insurance for the other ownerships is at least $250,000 per interest of the owner. If you want a more detailed explanation or additional information, you may ask us or contact the FDIC. You can also visit the FDIC website at www.fdic.gov and click on the Deposit Insurance link. The link includes detailed contact information as well as a deposit insurance estimator.
INDORSEMENTS - We may accept for deposit any item payable to you or your order, even if they are not indorsed by you. We may give cash back to any one of you. We may supply any missing indorsement(s) for any item we accept for deposit or collection, and you warrant that all indorsements are genuine.
CHANGING ACCOUNT PRODUCTS - We may change your account to another product offered by us at any time by giving you notice that your account will be changed to another product on a specified date. If your account is a time account, the change will not occur before the next maturity date of your account. If you do not close your account before the date specified in the notice, we may change your account to that other product on the date specified in the notice.
TRANSACTIONS BY MAIL - You may deposit checks by mail. You should indorse the check being sent through the mail with the words “For Deposit Only” and should include your correct account number underneath to ensure the check is credited to the correct account. You should use the pre-encoded checking deposit slips found behind your checks in your checkbook. If you do not use your deposit slip or provide us with instructions indicating how or where the check should be credited, we may apply it to any account or any loan balance you have with us or we may return the check to you. Receipts for such transactions will be mailed to you only if a self-addressed stamped envelope is provided. Following your deposit, examine your statement carefully or call us to ensure that we received the item. Do not send cash through the mail for deposit.
SECURITY - It is your responsibility to protect the account numbers and electronic access devices (e.g., an ATM card) we provide you for your account(s). Do not discuss, compare, or share information about your account number(s) with anyone unless you are willing to give them full use of your money. An account number can be used by thieves to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access device and grant actual authority to
make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized.
Your account number can also be used to electronically remove money from your account. If you provide your account number in response to a telephone solicitation for the purpose of making a transfer (to purchase a service or merchandise, for example), payment can be made from your account even though you did not contact us directly and order the payment.
You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been lost or stolen. As between you and us, if you are negligent in safeguarding your checks, you must bear the loss entirely yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we substantially contributed to the loss).
UNLAWFUL INTERNET GAMBLING NOTICE - Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.
MONITORING AND RECORDING TELEPHONE CALLS - We may monitor or record phone calls for security reasons and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation.
TELEPHONIC INSTRUCTIONS - Unless we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine.
CLAIM OF LOSS - If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you.
You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.
 
ELECTRONIC FUND TRANSFERS
YOUR RIGHTS AND RESPONSIBILITIES
This Electronic Fund Transfer disclosure does not apply to any accounts other than consumer accounts, as defined by Regulation E. Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference. Electronic Fund Transfers Initiated By Third Parties. You may authorize a third party to initiate electronic fund transfers between your account and the third party’s account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:
• Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your   checking, savings, or money market account(s).
• Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking, savings, or money market account(s).
• Electronic check conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
• Electronic returned check charge. You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds. Please also see Limitations on frequency of transfers section regarding limitations that apply to savings accounts.
ATM Transfers - types of transfers, dollar limitations, and charges - You may access your account(s) by ATM using your ATM card and personal identification number, to:
• get cash withdrawals from checking account(s) with an ATM card
     - you may withdraw no more than $505.00 per day
     - there is a charge per withdrawal at ATMs we do not own or operate (see separate Schedule of Charges)
• get cash withdrawals from savings account(s) with an ATM card
     - you may withdraw no more than $505.00 per day
     - there is a charge per withdrawal at ATMs we do not own or operate (see separate Schedule of Charges)
• transfer funds from savings to checking account(s) with an ATM card
• transfer funds from checking to savings account(s) with an ATM card
• get information about:
     - the account balance of your checking account(s)
• with an ATM card
     - the account balance of your savings account(s)
• with an ATM card
Some of these services may not be available at all terminals.
Please also see Limitations on frequency of transfers section regarding limitations that apply to ATM transfers.
Types of ATM Card Point-of-Sale Transactions - You may access your checking, savings, and money market account(s) to purchase goods (in person), pay for services (in person), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating
merchant will accept.
Point-of-Sale Transactions - charges - Using your card:
• the charge for your card (whether or not the card is used in the period), see separate Schedule of Charges
• the charge to use your card, see separate Schedule of Charges
Please also see Limitations on frequency of transfers section regarding limitations that apply to debit card transactions.
Limitations on frequency of transfers. In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:
Transfers from a savings account to another account or to third parties by preauthorized or automatic or telephone transfer are limited to six per month with no transfers by check, debit card or similar order to third parties.
Transfers from a money market account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer or by check, draft, or similar order to third parties are limited to six per month.
For security reasons, there are other limits on the number of transfers you can make by ATM.
           
FEES
We do not charge for direct deposits to any type of account.
We do not charge for preauthorized payments from any type of account.
We charge an annual fee if your account is set up to use ATMs (see separate Schedule of Charges).
            Except as indicated elsewhere, we do not charge for these electronic fund transfers.
ATM Operator/Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
DOCUMENTATION
• Terminal transfers. You can get a receipt at the time you make a transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.
• Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money.
• Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (305) 539-7500 to find out whether or not the deposit has been made.
• Periodic statements.
You will get a monthly account statement from us for your checking and money market accounts.
You will get a monthly account statement from us for your savings accounts, unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.
PREAUTHORIZED PAYMENTS
• Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call or write us at the telephone number or address listed in this brochure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. 
            Please refer to our separate Schedule of Charges for the amount we will charge you for each stop-payment order you give.
• Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
• Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
FINANCIAL INSTITUTION’S LIABILITY
Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If, through no fault of ours, you do not have enough money in your account to make the transfer.
(2) If you have an overdraft line and the transfer would go over the credit limit.
(3) If the automated teller machine where you are making the transfer does not have enough cash.
(4) If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
(5) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
(6) There may be other exceptions stated in our agreement with you.
CONFIDENTIALITY
We will disclose information to third parties about your account or the transfers you make:
(1) where it is necessary for completing transfers; or
(2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
(3) in order to comply with government agency or court orders; or
(4) as explained in the separate Privacy Disclosure.
UNAUTHORIZED TRANSFERS
            (a) Consumer liability. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit).
            If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500. 
            Also, if your statement shows transfers that you did not make, including those made by card, code or other means, 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. 
            (b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this brochure. You should also call the number or write to the address listed in this brochure if you believe a transfer has been made using the information from your check without your permission.
ERROR RESOLUTION NOTICE
            In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed in this brochure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) 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 (20 business days if the transfer involved a new account) after we hear from you and will correct any error
            promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer)
            to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account)
            for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or
            question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the
            first deposit is made, unless each of you already has an established account with us before this account is opened.
            We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may
            ask for copies of the documents that we used in our investigation.
PACIFIC NATIONAL BANK
 
1390 BRICKELL AVENUE
MIAMI, FL 33131
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: (305) 539-7500
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
 
NOTICE OF ATM/NIGHT DEPOSIT
FACILITY USER PRECAUTIONS
As with all financial transactions, please exercise discretion when using an automated teller machine (ATM) or night deposit facility. For your own safety, be careful. 
The following suggestions may be helpful.
1. Prepare for your transactions at home (for instance, by filling out a deposit slip) to minimize your time at the ATM or night deposit facility.
2. Mark each transaction in your account record, but not while at the ATM or night deposit facility. Always save your ATM receipts. Don’t leave them at the ATM or night deposit facility because they may contain important account information.
3. Compare your records with the account statements or account histories that you receive.
4. Don’t lend your ATM card to anyone.
5. Remember, do not leave your card at the ATM. Do not leave any documents at a night deposit facility.
6. Protect the secrecy of your Personal Identification Number (PIN). Protect your ATM card as though it were cash. Don’t tell anyone your PIN. Don’t give anyone information regarding your ATM card or PIN over the telephone. Never enter your PIN in any ATM that does not look genuine, has been modified, has
a suspicious device attached, or is operating in a suspicious manner. Don’t write your PIN where it can be discovered. For example, don’t keep a note of your PIN in your wallet or purse.
7. Prevent others from seeing you enter your PIN by using your body to shield their view.
8. If you lose your ATM card or if it is stolen, promptly notify us. You should consult the other disclosures you have received about electronic fund transfers for additional information about what to do if your card is lost or stolen.
9. When you make a transaction, be aware of your surroundings. Look out for suspicious activity near the ATM or night deposit facility, particularly if it is after sunset. At night, be sure that the facility (including the parking area and walkways) is well lighted. Consider having someone accompany you when you use the facility, especially after sunset. If you observe any problem, go to another ATM or night deposit facility.
10. Don’t accept assistance from anyone you don’t know when using an ATM or night deposit facility.
11. If you notice anything suspicious or if any other problem arises after you have begun an ATM transaction, you may want to cancel the transaction, pocket your card and leave. You might consider using another ATM or coming back later.
12. Don’t display your cash; pocket it as soon as the ATM transaction is completed and count the cash later when you are in the safety of your own car, home, or other secure surrounding.
13. At a drive-up facility, make sure all the car doors are locked and all of the windows are rolled up, except the driver’s window. Keep the engine running and remain alert to your surroundings.
14. We want the ATM and night deposit facility to be safe and convenient for you. Therefore, please tell us if you know of any problem with a facility. For instance, let us know if a light is not working or there is any damage to a facility. Please report any suspicious activity or crimes to both the operator of the facility and the local law enforcement officials immediately.
YOUR ABILITY TO WITHDRAW FUNDS
This policy statement applies to “transaction” accounts. Transaction accounts, in general, are accounts which permit an unlimited number of payments to third persons and an unlimited number of telephone and preauthorized transfers to other accounts of yours with us. Checking accounts are the most common transaction accounts. Feel free to ask us whether any of your other accounts might also be under this policy.
            Our policy is to make funds from your check deposits available to you on the second business day after the day we receive your deposit, with the first $100 (until July 21, 2011) or $200 (effective July 21, 2011) available on the first business day after the day of your deposit. Electronic direct deposits will be available on the day we receive the deposit. Cash, wire transfers, and some specified check deposits will also be available before the second business day, as detailed below. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written.
            Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
            For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before closing on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after closing or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
Same-Day Availability
Funds from electronic direct deposits to your account will be available on the day we receive the deposit.
Next-Day Availability
            Funds from the following deposits are available on the first business day after the day of your deposit:
            U.S. Treasury checks that are payable to you.
            Wire transfers.
            Checks drawn on Pacific National Bank.
            If you make the deposit in person to one of our employees, funds from the following deposits are also available on the first business day after the day of your deposit:
            Cash.
            State and local government checks that are payable to you.
            Cashier’s, certified, and teller’s checks that are payable to you.
            Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you.
            If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will be available on the second business 
           day after the day we receive your deposit.
Other Check Deposits Subject to Second-Day Availability
            The first $100 (until July 21, 2011) or $200 (effective July 21, 2011) from a deposit of other checks will be available on the first business day after the day of your deposit. The
            remaining funds will be available on the second business day after the day of your deposit.
            For example, if you deposit a check of $700 on a Monday, $100 (until July 21, 2011) or $200 (effective July 21, 2011) of the deposit is available on Tuesday. The remaining
            $600 (until July 21, 2011) or $500 (effective July 21, 2011) is available on Wednesday. 
            If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will
            be available at the time funds from the check we cashed would have been available if you had deposited it.
LONGER DELAYS MAY APPLY
            Funds you deposit by check may be delayed for a longer period under the following circumstances:
            We believe a check you deposit will not be paid.
            You deposit checks totaling more than $5,000 on any one day.
            You redeposit a check that has been returned unpaid.
            You have overdrawn your account repeatedly in the last six months.
            There is an emergency, such as failure of computer or communications equipment.
            We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later
            than the seventh business day after the day of your deposit.
SPECIAL RULES FOR NEW ACCOUNTS
            If you are a new customer, the following special rules will apply during the first 30 days your account is open.
            Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a
            day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first business day after the day of your
            deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will
            be available on the ninth business day after the day of your deposit. If your deposit of these
            checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of
            your deposit.
            Funds from all other check deposits will be available on the seventh business day after the day of your deposit.
TRUTH-IN-SAVINGS DISCLOSURE
CHECKING ACCOUNT
Minimum balance to open the account - See Schedule of Charges.
Minimum balance to avoid imposition of fees - See Schedule of Charges.
Fees - See Schedule of Charges.
MONEY MARKET ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change.
Frequency of rate changes - We may change the interest rate on your account at any time.
Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded and will be credited to your account every month.
Effect of closing an account - If you close your account before interest is credited, you will not receive the accrued interest.
Minimum balance to open the account - See Schedule of Charges.
Minimum balance to avoid imposition of fees - See Schedule of Charges.
Minimum balance to earn the annual percentage yield disclosed - See Schedule of Charges.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the business day you deposit noncash items (for example, checks).
Transaction limitations:
Transfers from a money market account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer or by check, draft, or similar order to third parties are limited to six per monthly statement cycle.
Fees - See Schedule of Charges.
See Rate Sheet for tiered rates and balances.
SUPER NOW ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change.
Frequency of rate changes - We may change the interest rate on your account at any time.
Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded and will be credited to your account every month.
Effect of closing an account - If you close your account before interest is credited, you will not receive the accrued interest.
Minimum balance to open the account - See Schedule of Charges.
Minimum balance to avoid imposition of fees - See Schedule of Charges.
Minimum balance to earn the annual percentage yield disclosed - See Schedule of Charges.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the business day you deposit noncash items (for example, checks).
Fees - See Schedule of Charges.
See Rate Sheet for tiered rates and balances.
SAVINGS ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change.
Frequency of rate changes - We may change the interest rate on your account at any time.
Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded and will be credited to your account every quarter.
Effect of closing an account - If you close your account before interest is credited, you will not receive the accrued interest.
Minimum balance to open the account - See Schedule of Charges.
Minimum balance to avoid imposition of fees - See Schedule of Charges.
Minimum balance to earn the annual percentage yield disclosed - See Schedule of Charges.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the business day you deposit noncash items (for example, checks).
Transaction limitations:
Transfers from a savings account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer or by check, draft, or similar order to third parties are limited to six per month.
Fees - See Schedule of Charges.
See Rate Sheet for tiered rates and balances.
COMMON FEATURES
Please refer to our separate rate sheet for current interest rate and annual percentage yield information and to our separate Schedule of Charges for additional information about charges.
PACIFIC NATIONAL BANK
1390 BRICKELL AVENUE
MIAMI, FLORIDA 33131
(305) 539-7500
 
Member FDIC
Rev 09/2014
© 1988, 1992, 1995 Wolters Kluwer Financial Services – Bankers Systems™
Form AIB-TIS 8/4/95 TCM-10o,3o Custom 2ay,4s
Verisign Member FDIC Equal Housing Lender
© 2010 Pacific National Bank.
All rights reserved.