1. General

This Online Banking Agreement ("Agreement") for accessing your Pacific Premier Bank account(s) via the Internet explains the terms and conditions governing Pacific Premier Bank’s online banking services ("Online Banking"). By using Online Banking you agree to be bound by the terms and conditions contained in this Agreement. The applicable account disclosure statements also govern each of your accounts accessed through Online Banking. The terms "our," "we," "us," "Pacific Premier Bank," and "Bank" refer to Pacific Premier Bank. "You" and “your” refers to each signer on an account.

2. Online Banking

Online Banking is an electronic banking service provided by the Bank. You must have an eligible Pacific Premier Bank account to access Online Banking. You may access Online Banking using a personal computer with access to the Bank’s web site on the Internet. When you register for Online Banking, we will link all of your eligible accounts. If you want to limit the accounts linked, please call us at (866) 353-1476 or your local branch and a representative will discuss this option with you. When Online Banking is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer regarding your service.

A. Balance Inquiries and Transfers

You may use Online Banking to check the balance of your accounts and to transfer funds among your accounts selected for Online Banking. In order to initiate one of these transactions, you must first use your password to obtain access to Online Banking. The balance shown on your personal computer may include deposits still subject to verification by us. The balance shown also may differ from your records because it may not include deposits in progress, outstanding checks, or other withdrawals, or charges. Funds transfer requests may be made 24 hours per day, but may not result in immediate funds availability because of the time required to process the files. If there are insufficient available funds in an Account from which you are requesting a funds transfer, the transfer will not be initiated. Insufficient fund fees will be assessed as indicated in the applicable account disclosure.

B. Bill Payment Service

As part of the Bank’s Online Banking services, you can schedule payment of your periodic bills. You can arrange for the payment of current, future and recurring bills from your Pacific Premier checking account. There is no limit to the number of payments that may be authorized. You may pay any merchant or individual approved by the Bank. By furnishing us with the names of your payees/merchants and their addresses, you authorize us to follow the payment instructions to these payees/merchants that you provide through Online Banking. When we receive a payment instruction (for current or future date), we will remit funds to the payee on your behalf, from your designated checking account, on the day you have instructed the payment to be sent (the “Payment Date”). However, we shall not be obligated to make any such payment unless your account and/or discretionary Overdraft Privilege has sufficient funds or credit availability to pay the bill on the Payment Date. Funds for all bill payments made by check will be withdrawn from your account on the day the check item clears your account.

NOTE: Any payments made through Online Banking require sufficient time for your payee to credit your account properly. To avoid incurring a finance charge or other charge, you must schedule a payment far enough in advance of the due date of your payment. Without limitation, Pacific Premier Bank shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, for delays or losses of payments caused by the U.S. Postal Service or other delivery service (including without limitation, if any third party through whom any bill payment is made fails to properly transmit the payment to the intended payee), or if a payee will not accept payments made through Online Banking. Pacific Premier Bank will not be liable for indirect, special, or consequential damages arising out of the use of Online Banking services. 

3. Accessing Your Pacific Premier Bank Accounts

A. Requirement

To access your account(s) through the Internet, you must enroll in Online Banking and agree to the terms and conditions of this Agreement. In addition, you must have a computer with internet access and a web browser (either Netscape Navigator 4.7 or Microsoft Internet Explorer 5.0 or higher) that employs at a128-bit encryption and Cookies and JavaScript enabled. You are responsible for maintaining all Internet connections, browsers, equipment, hardware and software that are necessary to access Online Banking.

B. Security

You will be given an initial Online Banking password. The first time you access your Bank account(s) you must select a new password. We recommend that you change your password regularly. Do not use numbers that are easily associated with you, such as your telephone number, address or birth date as your password. You are authorizing Pacific Premier Bank to act on instructions received under your password.

You are responsible for keeping your password, account number(s) and other account data confidential at all times. You agree not to disclose or otherwise make available your password to anyone not authorized to sign on your accounts, and you agree to change your password when third parties no longer have authority to access or utilize your Online Banking account. You may change your password at anytime by calling Pacific Premier Bank at (866) 353-1476, your local branch or by logging onto Online Banking and clicking the Customer Service tab. Your Online Banking password is used only for Online Banking transactions.

You represent that you have considered the security procedures of the Online Banking service and find that the security procedures are commercially reasonable for verifying that a bill payment, transfer, or other communication purporting to have been issued by you is, in fact, yours. In reaching this determination, you have considered the size, type, and frequency of bill payments, transfers, or other communications that you anticipate issuing to and from the Bank. 

C. Hours of Service

You can use the Online Banking service seven days a week, twenty four hours a day although some or all of our Online Banking services may not be available occasionally due to emergency or scheduled system maintenance. Access may be slowed down due to periods of higher volume internet traffic. You understand that Online Banking systems may be available during hours when the Bank is not open for business and thus execution of any requests or instructions may be delayed until the opening of the next business day. The bank will not be responsible for any loss or inconvenience caused by these temporary unavailable periods.

D. Fees

Pacific Premier Bank does not charge an access or transactional fee for your use of Online Banking and Bill Pay services. However, the applicable Account Disclosure Statement or fee schedule will apply to accounts accessed through Online Banking and services ordered online. Thus, for example, if you use Online Banking to schedule a payment and there are insufficient funds to cover the scheduled payment, you will be assessed a non-sufficient funds fee in the amount specified in the applicable Account Disclosure Statement or fee schedule. 

E. New Services

Pacific Premier Bank may, from time to time, offer and introduce new Internet services. The Bank will notify you of the existence of these new products and services. By using these services when they become available, you agree to be bound by the rules, which will be communicated to you, concerning these services.

4. Protecting Your Account

NOTIFY US AT ONCE if you believe another person has improperly obtained your Online Banking password. Also notify us if someone has transferred or you think someone may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. To notify us, call Pacific Premier Bank at (866) 353-1476, your local branch or write to:

Central Branch Support
Pacific Premier Bank 
1600 Sunflower Avenue, 2nd Floor
Costa Mesa, CA 92626

A. Your Liability

You could lose all the money in your account(s) accessed through Online Banking if you do not inform us that an unauthorized person has obtained access to your Online Banking password or that your password has become lost or stolen. If you tell us within 2 business days after you learn of any loss, theft or compromise, you can lose no more than $50 if someone used Online Banking to access your account(s) without your permission. 

If you do NOT tell us within two business days after you learn that your password has been lost, stolen, or compromised, and we can prove that we could have stopped the unauthorized transfer and/or use of your password if you had told us, you can be liable for as much as $500.00. 

Also, if your statement shows payments or transfers that you did not make, you must notify us immediately. The Bank may require you to provide your complaint in the form of an affidavit. 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 there are extenuating circumstances that kept you from telling us, the time periods in this section may be extended. 

B. Preventing Misuse

It is extremely important that you take an active role in the prevention of any wrongful use of your account. If you find that your records do not agree with ours, you must immediately call Pacific Premier Bank at (866) 353-1476 or your local branch.
Protect Your Online Banking password. The password that is used to gain access to Online Banking and should be confidential at all times. For your protection we recommend that you change your Online Banking password regularly. It is recommended that you memorize this password and do not write it down. You are responsible for keeping your password, account numbers and other account data confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, you must notify Pacific Premier Bank at once. 

5. Limitation of Services

1. Dollar Limitations—All bill payment amounts are limited per business day to the lesser of $5,000 or the available balance of the account(s) from which the payment(s) or transfer(s) are made.

2. Bill Payments may only be made to designated payees located in the United States. You may select any business day as a payment date. You should enter and transmit your payment instructions at least 7 business days before the payment is due without regard to any grace period. Although we may be able to pay certain payees electronically within 2 business days, it could take longer for payments sent by mail. It is your responsibility to request that payments be made in such a manner that they will be paid on time.

3. Available Funds Required—All bill payments and transfers initiated through Online Banking are subject to the existence of sufficient funds available in the affected account to cover the bill payment or transfer on the Payment Date. 

6. Right to Stop Payments and Procedure for Doing So

If you have arranged to make regular payments out of your account, you can stop any of these payments by using the capabilities provided in the online web site, or by telephone at (866) 353-1476 or your local branch. Do not write or e-mail these requests to us since we may not receive them in time. To stop payments for checks, or preauthorized transfers your request must be received by Pacific Premier Bank three (3) business days or more before the payment is scheduled to be made. To stop payments for Online Bill Payments, the request must be made before 5:00 the day prior to the payment date.

If you call, we may also require you to put your request in writing and submit it to us within 14 days after you call. We will charge you our regular stop payment fee for each stop payment order you request; this fee will be charged in accordance with the current fee schedule.

A stop payment is valid for only six (6) months from the date of request; if the item is presented after that date it may be paid unless you renew the stop payment order.

7. Bank's Liability

A. Failure to Make Stop Payments

If you order us to stop one of these payments according to the limitations in section 6 above and we do not do so, we will be liable for your losses or damages up to the value of the payment.

B. Failure to Make Payments or Transfers

If we do not complete a payment or 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:

    (i) If, through no fault of ours, you do not have enough money in your account to make the transfer;
    (ii) If the transfer will go over the credit limit on your discretionary Overdraft Privilege;
    (iii) If any part of the system was not working properly and you knew about the breakdown when you started the transfer ;
    (iv) If a court order or legal process prevents us from making a transfer or bill payment ;
    (v) If a withdrawal would consist of money deposited in the form of a check or other order and is not yet available for withdrawal;
    (vi) If you have told us that your password was lost, stolen, or compromised;
    (vii) If, in the case of a preauthorized credit or debit to your account, a third party does not send your money to us on time or does not send us the correct amount, or we do not have the required authorization to perform the transaction;
    (viii) If circumstances beyond our control (such as fire, flood, or natural disaster) prevent the transfer, despite reasonable precautions and efforts we have taken.

Other exceptions may be stated in our agreement with you (see e.g. Section 2B).

C. Other Liability

Except as specifically provided for in this Agreement or where the law requires a different standard, you agree that the Bank will not be responsible for any direct, indirect, special or consequential, economic or other damages arising out of or in any way connected with your use of Online Banking. 

Without limitation, you agree that the Bank shall not be responsible for any loss, damage or injury resulting from an interruption in your electrical power or telephone service; the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality; any defect or malfunction of your personal computer, personal computer equipment, modem, or telephone line; or any services relating to your personal computer other than those specified in this Agreement.

8. Verification of Payments and Transfers

For each bill payment or transfer that you schedule through Online Banking, you represent and warrant that within 25 calendar days of the scheduled Payment Date, you will verify payee’s receipt of the payment or transfer. If you learn that the payee did not receive the scheduled payment or transfer, you will immediately notify Pacific Premier Bank by dialing (866) 353-1476 or your local branch and providing all applicable information requested by the Bank. 

9. Disclosure of Account Information

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

    (i) When necessary for completing transactions; or
    (ii) In order to verify the existence and condition of your account for a third
party, such as a credit bureau, or merchant; or
    (iii) In order to comply with government agency or court orders, or to give
information to any government entity having legal authority to request such
information; or 
    (iv) If you give us permission.

For More information please refer to our Privacy Policy.

10. Preauthorized Credits

If you have arranged to have direct deposits made to your account at least every 60 days from the same person or company, you can call us at (800) 585-5933 to find out whether or not the deposit has been made. 

11. Other Terms and Conditions

In addition to this Agreement you agree to be bound by and will comply with the requirements of the applicable Account Disclosure Statement(s), the Bank's rules and regulations, the rules and regulations of any funds transfer system to which the Bank belongs, and all applicable State and Federal laws and regulations. 

You agree to be responsible for any telephone charges incurred for accessing your accounts through Online Banking.

12. Statements

Information concerning Online Banking transactions will be shown on your normal statement for the account to and from which transfers or payments are made. If you have a checking or money market account, you will receive a monthly statement. If you have a savings account, you will receive a statement during the months with electronic funds activity or quarterly if there is no such activity.

13. Business Days

The term "business day" means 9:00 a.m. to 5:00 p.m., Monday through Thursday, 9:00 a.m. to 6:00 p.m. Friday, excluding Federal banking holidays. You can use the Online Banking service seven days a week, twenty four hours a day although some or all of our Online Banking services may not be available occasionally due to emergency or scheduled system maintenance. Access may be slowed down due to periods of higher volume internet traffic. You understand that Online Banking systems may be available during hours when the Bank is not open for business and thus execution of any requests or instructions may be delayed until the opening of the next business day

14. Error Resolution Notice

A. Contact Information

In case of error or questions about your electronic transactions contact us at (866) 353-1476, your local branch or write to: Pacific Premier Bank Customer Service, Pacific Premier Bank, 1600 Sunflower Ave., Costa Mesa, CA 92626. Contact us 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 the problem or error appeared on your passbook; or no later than 60 days after we sent you the FIRST statement in which the problem or error appeared.

1. Tell us your name, address and account number. 
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 investigate whether an error occurred within 10 business days (5 business days for Visa-branded card point-of-sale transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question.

If we decide to do this, we will credit your account within 10 business days (5 business days for Visa-branded card point-of-sale transactions and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.

If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account as described above. 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 inform you of the results within three business days after completing our investigation. If we decide that there was no error, we will mail you a written explanation and reverse the credit described above. You may ask for copies of the documents that support our investigation.

For more information, refer to our Electronic Funds Transfer Act Disclosure Statement.

15. Changes to Terms and Fees

We reserve the right to change the fees or other terms described in this Agreement. However, when changes are made to any fees, we will notify you on-line, or will send a notice to you at the address shown on our records. All notices will be sent at least thirty (30) calendar days in advance of the effective date of the change, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with written or electronic notice within thirty (30) calendar days in advance of the change. By continuing to use the accounts or services to which these changes relate, you are accepting the changes. Changes to fees applicable to specific accounts are governed by the applicable Account Disclosure Statement.

We reserve the right to terminate this Agreement and your access to Online Banking in whole or in part, at any time without prior notice. 

16. Interpretation; Agreement to Arbitrate

A. Interpretation

This Agreement will be governed by and interpreted in accordance with federal law and regulation, and to the extent there is no applicable federal law or regulation, by the laws of the State of California.

B. Arbitration

In the event of any dispute arising out of this Agreement, you agree to submit the dispute to binding arbitration in the State of California under the American Arbitration Association rules. This section shall survive termination of the Agreement.