Note to Business Customers:
The following agreement does not apply to businesses. Please see the Cash Management Services Agreement you received at enrollment. You can obtain a copy of that agreement by calling us at (866) 353-1476.
This Agreement sets forth the terms and conditions of the online banking service (“Service”) offered by Pacific Premier Bank. In this Agreement, “you” refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms “we,” “us” and “Bank” refer to Pacific Premier Bank. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your account agreement with us with respect to the Service. Your use of the Service will be deemed further evidence of your agreement to these terms. Unless otherwise specified, the times indicated in this Agreement are Pacific Time.
1. Our Service.
We offer the following online Services:
- Online Account Access — You can obtain information about your accounts and transactions, communicate with us, receive notifications about your account activity, stop payment on checks, and view statements.
- Fund Transfers — You can transfer funds between your eligible accounts with us or between your eligible accounts with us and accounts you maintain at other U.S. financial institutions. You also can transfer funds from your eligible accounts with us to accounts that others maintin at U.S. financial institutions.
- Bill Payments — You can make bill payments to others.
2. Your Equipment.
In order to use the Service, you will need the equipment and software described in the Consent to Electronic Communications and a working connection to the Internet. You are responsible for the selection, installation, maintenance, and operation of your computer, software, and other equipment used in connection with the Service (“Equipment”). We are not responsible for any errors, failures, or malfunctions of your Equipment, or for any virus or related problems that may occur with your use of this Service. You are responsible for ensuring that your Equipment is compatible with our system. We assume no responsibility for the defects or incompatibility of any Equipment that you use for the Service, even if we have previously approved its use. We reserve the right to change our system requirements from time to time. Note: Some browser software may store user names and security codes to facilitate the future use of a web site. For security reasons, you agree to disable this feature in your browser. Check your browser’s “Help” screen for more information on this feature. If you are unable to connect to the Service for any reason, please contact us at (855) 343-4070.
You agree to install and maintain appropriate virus protection on any Equipment you use in connection with the Service. Except as otherwise required by law, you assume sole responsibility for any and all loss, damage or injury arising with respect to any failure of your Equipment, the unavailability of telephone lines or internet access, or computer viruses, spyware, malware, or worms affecting your Equipment.
3. Your Password.
You must establish one or more User IDs, Passwords and/or other means of identification and authentication (collectively, “Password”) with us to access the Service. You are responsible for keeping the Password secure and confidential. Never place your Password on or near your computer. For security reasons, we may disable your Password if it is entered incorrectly several times. We may act on any Service instruction that is accompanied by your Password. You agree not to disclose your Password to anyone.
4. Your Accounts.
In order to use our external transfer or bill payment Service, you must have an eligible checking account with us. At our discretion, we may refuse to allow certain accounts to be linked to any Service.
5. Account Balance and Transaction Information.
You can use the Service to obtain account balance and transaction information anytime of the day, seven days a week, except when the system is unavailable for maintenance or other reasons. Please note that the information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal.
E-Statements offer you a convenient way to view, save and print your periodic statements. If you elect to receive E-Statements, we may discontinue sending paper statements and make periodic statements available to you in electronic form only. This includes, but is not limited to, ongoing disclosures currently provided on the back of your paper statement, notices posted as messages on the face of the statement, and all notices or other communications that accompany mailed statements. We may send an electronic notification to your email address alerting you when the most recent E-Statement is made available. Each E-Statement will be available for your viewing, downloading or printing for a period of at least 90 days from the date that it is made available to you. You agree to review your E-Statements in a timely manner, just as you would paper statements, and to promptly notify us of any errors, unauthorized activity or other problems. You will be deemed to receive E-Statements when they are made available to you. Any time periods within which you must notify us of any problems or errors reflected on your statement(s) will begin on the date we make the E-Statement available to you, regardless of when it is actually viewed by you. If you cannot access, print or view your E-Statements, you must contact us immediately at (855) 343-4070 to make alternate arrangements. Please see the Consent to Electronic Communications for other important information about E-Statements and our electronic communications with you.
You can receive email or SMS text message alerts to notify you when certain events occur on your account. Alerts are triggered by the criteria you establish within the Service and may include events such as a low balance or failed transfer. You authorize us to send emails and SMS text messages for any alerts you establish to the email address and/or mobile phone number any of you provide to us. Your carrier's normal rates and fees, such as text messaging fees, will apply. You can cancel or change email or SMS text message alerts by deleting or changing your alert criteria at our online banking website. You also can initiate the opt-out process to stop receiving SMS text messages by following the process described in the “Use of SMS Messaging” section below.
Alerts that we send to you are not intended to replace your account statements or other communications and may be delayed or prevented by factors such as problems with your Internet service provider. We assume no liability for losses or damages arising from the non-delivery, delayed delivery, or misdelivery of alerts. We may add to, change, or discontinue the criteria used to trigger alerts at any time.
8. Stop Payment Requests.
You can use the Service to place a stop payment order (or cancel a stop payment order) on a paper check that you have written against your account. Your stop payment order must include the account number, check number, and EXACT amount (dollars and cents) of the item. We will not be liable for paying a check over a stop payment order if the order is incomplete or incorrect. Stop payment orders received on a weekend, holiday, or after 5:00 p.m. on a business day may be deemed received by us as of the next business day. We must receive stop payment orders at a time and in a manner which affords us a reasonable opportunity to act upon them. Please see your account agreement for the terms related to stop payment orders. Stop payment orders are effective for six months.
You may make transfers between your eligible accounts with us or between your eligible accounts with us and accounts you maintain at other U.S. financial institutions. You also may transfer funds from your eligible accounts with us to accounts that others maintain at U.S. financial institutions.
Eligible Accounts. We reserve the right to determine which accounts may be linked to the Service. You may only transfer funds to or between accounts within the United States. You must not use the Service to transfer funds from an account that you do not own. Transfers cannot be made to or from time deposit accounts with us.
Scheduling Fund Transfers. You may instruct us to initiate a funds transfer on any business day that you designate (the “Transfer Process Date”), up to 365 days in advance. To initiate a transfer, you must specify the account to be debited, the account to be credited, the transfer amount, and the Transfer Process Date. Before you can transfer funds from an account you maintain at another financial institution, the account must be set up and verified with us through the Service. Set-up for these accounts may require you to verify one or more micro-deposits to or withdrawals from to the account. Depending on the transfer type and your actions, it may take several days for an account to be set up and verified. You will see when an account you maintain at another financial is set-up for debit transfers in your online banking profile. Each time you instruct us to transfer funds from an account you maintain at another financial institution, you warrant to us that you are an owner of that account, that you are authorized to use the Service for that transaction, and that no other person’s authorization is required.
Fund transfers are processed only Monday through Friday. Any request made on a weekend, holiday, or after 7:00 p.m. (4:00 p.m. for transfers to or from accounts at other financial institutions) on a business day may be processed on the following business day. Transfers between your accounts with us will normally be credited to the designated account by no later than the following business day. Transfers between accounts with us and accounts you maintain at other U.S. financial institutions or from your accounts with us to accounts that others maintain at U.S. financial institutions will normally be credited to the designated account by the third business day after the Transfer Process Date. You are responsible for scheduling fund transfers to be made in a timely manner. We will not be responsible for delays that occur in the automated clearing house or for any action or omission by you or other financial institutions.
We may charge your account for the transfer amount as early as the Transfer Process Date and credit the funds to an omnibus account we use to process transactions. We will provide an electronic confirmation number at the time that you set up each online fund transfer.
Transactions posted to your account as of a certain business day may not be reflected in account balances reported by the Service until the following business day. Information on transfers to or from your accounts with us will be reflected on your periodic statements, will be available to you online, and can be obtained by calling our automated line at (855) 343-4070. We do not provide any other notice of the receipt, transmittal or debiting of funds transfers.
Initiating Automatic Recurring Transfers. You may use the Service to make arrange for regularly recurring transfers in the same amount between the same accounts. Once your arrangements are set, we will transfer funds automatically each month. If the Transfer Process Date for an automatic transfer falls on a weekend or holiday, the transfer may be initiated on the previous or following business day according to your selection.
Erroneous Transfer Instructions. You assume sole responsibility for accurately describing transfer amounts, dates, accounts, financial institutions, and addresses. We are not responsible for confirming such information, or for identifying or refusing to process duplicate transfer instructions. If you give us a transfer instruction that is incorrect in any way, you agree that we may charge your account for the transfer whether or not the error could have been detected by us. For example, if you describe any transfer inconsistently by name and number, we and other institutions may process the transfer solely on the basis of the number, even if the number identifies a person or entity different from the named transferee. We are not obligated to detect or correct errors in your transfer instructions.
Rejecting Transfer Instructions. We may reject transfer instructions with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically or in writing. We may reject a transfer instruction, for example, if you do not have sufficient available funds to cover the transfer or the transfer instruction is unclear, ambiguous or incomplete. If we reject a transfer, you will need to re-enter the information if you wish to make the transfer at a later date.
Cancelling or Changing Transfer Instructions. You can cancel or change a transfer request electronically by deleting or changing the transfer instruction from the transfer screen at our online banking website. To do this, you must act before 7:00 p.m. (4:00 p.m. for transfers to or from your accounts at other financial institutions) on the business day before the Transfer Process Date.
If you have told us in advance to make regular transfers from your account, you can cancel or change these transfers by (1) deleting or changing your transfer instructions electronically at our online banking website, (2) calling us at (855) 343-4070, or (3) writing to us at Pacific Premier Bank, Attn: Client Services, P.O. Box 25171, Santa Ana, CA 92799-9810. To cancel or change your transfer instructions by telephone or mail, we must receive your request at least three business days before the Transfer Process Date. (Note: If you give us your request by telephone or mail and we do not receive it at least three business days prior to the Transfer Process Date, we may attempt, at our sole discretion, to cancel or change the funds transfer. We assume no responsibility for our failure or refusal to do so, even if we accept the request for processing.) 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. If we do not receive written confirmation within 14 days, we may treat your verbal instruction as no longer binding. If you order us to cancel or change one of these transfers at least three business days before the Transfer Process Date and we do not do so, we will be liable for your losses or damages.
10. Bill Payments.
You can use this Service to make payments to others from one or more of your designated checking accounts with us. If you link more than one checking account to the Service, you must specify which account you wish to use in making payments.
Eligible Payees. You may only make payments within the United States. We reserve the right to determine who may be a payee.
Scheduling Bill Payments. You may instruct us to initiate a payment on any business day that you designate (the “Payment Send Date”), up to 365 days in advance. To initiate a payment, you must specify the person or business you are paying, the Payment Send Date, the amount to be paid, and (if you have one) your account number with the payee. The first time you request a payment to be made to a payee, you must also specify the payee’s address and other information requested by the Service. Note: We may modify the payee address to accommodate special processing requirements. You must accurately describe the payee and other information requested by the Service. If you describe any payee inconsistently by name and number, we and other institutions may process the payment solely on the basis of the number, even if the number identifies a person or entity different from the named payee. You agree to provide us with reasonable advance notice of any change in payee information. We will provide an electronic confirmation number at the time that you set up each online bill payment.
Bill payments are processed only Monday through Friday, excluding holidays. Any request made on a weekend, holiday, or after 1:00 p.m. on a business day may not be processed by us until the following business day. Payments may be sent to payees either as an electronic payment (for payees that can receive such payments) or as a check. Electronic payments will normally be received by the Payee within two business days after the Payment Send Date. Payments made by check may not be placed with the U.S. Postal Service until the business day following the Payment Send Date. Because it could take several days for a payee to receive a check through the U.S. mail, you should allow sufficient time for payments by check. You are responsible for scheduling payments to be made in a timely manner. Do not rely on any payment grace period. We are not responsible for delays that occur in the postal system or automated clearing house, or for any action or omission by a payee.
We may charge your account for electronic payments as early as the Payment Send Date and credit the funds to an omnibus account we use to process transactions. For payments made by check, your account will be charged when the check (i.e., demand draft) is presented to us for payment.
Initiating Automatic Recurring Payments. You may use the Service to make regularly recurring payments in the same amount to the same payee. Once your arrangements are set, we will send your payment automatically each month. If the Payment Send Date for an automatic payment falls on a weekend or holiday, the payment may be sent on the following business day.
E-Bills. An e-bill is an electronic version of a bill issued by your payee. If your payee participates in e-bill, you can receive the payee’s e-bills directly through our Service. To do this, you will need to click the “e-bill” link below your payee’s name and follow the online instructions. You must be registered for online access with your payee and will be required to enter your login information for the payee’s website as part of the set up process. By providing us with that information, you authorize us to access your payee’s website and obtain your billing information. You also authorize us to act as your agent for the limited purpose of setting up e-bills.
It may take one to two billing cycles after set up before you begin receiving e-bills from a payee. Once you receive an e-bill, you can use it to view and pay your bill. You may instruct us to send you an email when your e-bill arrives and/or when it is paid. You also may instruct us to pay e-bills automatically when they arrive. In order to process payments more efficiently, we may edit or alter payment data or data formats in accordance with payee’s directives. We will attempt to present e-bills promptly when we receive them. Please note that your payee may refuse your request to receive e-bills. You are solely responsible for contacting your payee if you do not receive an e-bill. You or your payee may cancel e-bills at any time. The time frame for doing this can vary from payee to payee. We are not responsible for any payments that are in process at the time of cancellation.
You agree to review all statements, notices and other information made available to you by your payees. You are solely responsible for ensuring that all billing information is accurate. We assume no responsibility for the timeliness, completeness, or accuracy of e-bills. We are only responsible for presenting information that we receive from your payee. E-bills may not contain notices or other information made available by a payee. You must address any discrepancies or disputes regarding the accuracy of e-bill directly with the payee. You are responsible for ensuring timely payment of all bills, whether or not reported by us. We assume no responsibility if a payee fails to make your e-bill available. Copies of previously delivered bills must be requested from the payee directly.
If you change your login information for a payee’s website, you must immediately update that information with us. Please note that the Service is unable to update your personal information (e.g., your name, address, email address or phone number) with your payee. You agree not to use the Service to gain unauthorized access to a third party’s e-bills. This Agreement does not alter any liability or obligations that currently exist between you and your payees.
Erroneous Payment Orders. You assume sole responsibility for accurately describing payees, payment amounts, payee addresses, and, if applicable, your account number with the payee. We are not responsible for confirming such information, or for monitoring or refusing to process duplicate payment instructions. If you give us a payment instruction that is incomplete, untimely, or incorrect in any way, you agree that we may charge your account for the payment whether or not the error could have been detected by us. We are not obligated to detect errors in your payment instructions.
Rejecting Payment Orders. We may reject payment orders with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically or in writing. We may reject a payment order, for example, if you do not have sufficient available funds to cover the payment or the payment order is unclear, ambiguous or incomplete. If we reject a payment, you will need to re-enter the information if you wish to make the payment at a later date.
Changing, Cancelling, and Stopping Payment Orders. You can cancel or change a payment request electronically by deleting or changing the payment instruction from the online payment screen. To do this, you must act before 1:00 p.m. of the Payment Send Date.
If you have told us in advance to make regular payments out of your account, you can cancel or change these payments by (1) deleting or changing your payment instructions electronically through the Service, (2) calling us at (855) 343-4070, or (3) writing to us at Pacific Premier Bank, Attn: Client Services, P.O. Box 25171, Santa Ana, CA 92799-9810. To cancel or change your payment instructions by telephone or mail, we must receive your request at least three business days before the Payment Send Date. (Note: If you give us your request by telephone or mail and we do not receive it at least three business days prior to the Payment Send Date, we may attempt, at our sole discretion, to cancel or change the payment. We assume no responsibility for our failure or refusal to do so, even if we accept the request for processing.) If you call, we also may require you to put your request in writing and get it to us within 14 days after you call. If we do not receive written confirmation within 14 days, we may treat your verbal instruction as no longer binding. If you order us to cancel or change one of these payments at least three business days before the Payment Send Date and we do not do so, we will be liable for your losses or damages.
You may stop the payment of any outstanding bill payment check by calling us at (855) 343-4070 or by coming into our local branch office. 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 (see our fee schedule for costs associated with stop payment orders). If we do not receive written confirmation within 14 days, we may treat your verbal stop payment order as no longer binding. We must receive your stop payment order at a time and in a manner which affords us a reasonable opportunity to act upon it. Stop payment orders are effective for six months.
11. Use of SMS Messaging.
You may receive SMS text messages relating to the Service, your account and transactions from time to time. In addition to the alerts you request, you authorize us to send emails and SMS text messages to you in connection with the Service, your accounts and transactions at any email address or mobile phone number any of you provide to us. Your carrier's normal rates and fees, such as text messaging fees, will apply. To stop receiving SMS messages you can initiate the opt-out process by sending an SMS text message. Just text "STOP" to this number: 79680. For help, text "HELP" to 79680.
12. No Warranties.
THE SERVICE IS MADE AVAILABLE ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR VENDORS PROVIDE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THIS SERVICE. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. NEITHER WE NOR OUR VENDORS ASSUME ANY LIABILITY FOR THE UNAVAILABILITY OF THE SERVICE. THIS PROVISION SHALL NOT BE DEEMED TO LIMIT OUR OBLIGATIONS AS OTHERWISE SET FORTH IN THIS AGREEMENT OR AS REQUIRED BY LAW.
13. Hours of Operation; Service Unavailability.
You can access account information through the Service 7 days a week, 24 hours a day. The information may not reflect recent or pending transactions. There may be times when all or part of the Service is temporarily unavailable due to system outages, maintenance or technical difficulties. We may suspend this Service immediately if we believe the security of the Service has been compromised or we question the legality of any transaction. We assume no responsibility for any damage or delay that may result from such unavailability.
15. Electronic Mail.
If you send us electronic mail (“e-mail”), we may not receive or review it immediately. We will have a reasonable time to act upon any e-mail request or notice, and reserve the right to reject any transaction or request received by e-mail. You acknowledge that, even though e-mail may be encrypted, we cannot ensure that it will not be intercepted or affected by the actions or omissions of others, such as third party networks or persons with access to the Internet. Our service providers and we assume no responsibility for viruses created by third parties, or for any third party’s unauthorized access to, or use of, your computer system. Please do not include any sensitive information about yourself or your accounts in e-mail that is not encrypted and sent through a secure e-mail system.
We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.
If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.
17. Business Days.
Our business days are Monday through Friday, excluding holidays.
We will send or make available to you a monthly deposit account statement unless there are no electronic fund transfers in a particular month. In any case, you will receive or have electronic access to a statement at least quarterly.
19. Service Fees.
There are no fees for accessing information about your accounts or paying bills through the Service. However, we may impose a charge for each transfer or payment that exceeds the transaction limitation we set for your account each statement period (see our fee schedule for excess Money Market or Savings Account transactions). We may also impose a charge for transfers or payments drawn on non-sufficient funds. See our fee schedule for all fees related to the Service. We are not responsible for any fees that may be billed to you by your Internet service provider.
We reserve the right to limit the frequency and dollar amount of transfers and payments for security reasons. Payments and transfers may only be made to and from account in the United States, and only in U.S. dollars. Unless we advise you otherwise in writing, transfers to or from your accounts at other financial institutions are limited to $10,000 per business day, and bill payments are limited to $10,000 per transaction and $20,000 per business day. If your transaction is scheduled to occur on a weekend, a holiday, or after our cutoff hour, we may determine your transaction limitations as if the transaction occurred on the following business day. We may permit you to exceed these limits from time to time at our sole discretion, but may cease doing so at any time and without prior notice.
Payments and transfers from savings accounts and money market deposit accounts are limited by law and your account agreement with us. You may only make up to 6 withdrawals and/or transfers each month by check (for accounts with check privileges), preauthorized or automatic transfer (e.g., automatic payments to an insurance company), draft, point-of-sale debit card, telephone and/or online banking. We may refuse to permit a Service transaction at any time and without prior notice if we believe it may violate applicable law. See your account agreement for further details.
21. How to Notify Us of a Problem.
If you have a question about a Service transaction, believe your User ID or Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call or write to your branch of account (the phone number and address are shown on your statement). You can also call us at (855) 343-4070 or write to us at Pacific Premier Bank, Attn: Client Services, P.O. Box 25171, Santa Ana, CA 92799-9810.
22. Your Responsibility.
Tell us AT ONCE if you believe your Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days, you can lose no more than $50 if someone used your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove that we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows bill payments or transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available 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.
23. Our Responsibility.
If we do not complete a transfer or send a payment from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for example, if: (a) we process your payment or transfer in a timely manner, but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer or payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses, computer breakdowns or telecommunication problems) or rolling blackouts prevent the transaction, despite reasonable precautions that we have taken; (g) you do not authorize a bill payment early enough for your payment to be made and properly credited by the payee by the time it is due; (h) a transfer or payment could not be completed due to the system’s unavailability; or (i) you fail to follow our on-screen instructions properly. There may be other exceptions stated in our Agreement with you.
24. In Case of Errors or Questions about Your Transfers or Bill Payments.
Call or write to us at the number or address listed in Section 21 as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent or made available the FIRST statement on which the problem or error appeared. You must: (a) tell us your name and account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected error. For bill payments, please also tell us the payee name, the date we charged your account, and the payee account number. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question, and up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
25. Business and Other Non-personal Accounts.
Our obligations set forth in Sections 23 and 24, and the limitations on customer liability set forth in Section 22 and in periodic statements, do not apply in the case of business or other non-personal accounts. The owners of those accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of discovery or their receipt or the availability of the first statement or notice reflecting the problem, whichever occurs first). Under no circumstances will we be liable for any special or consequential damages involving such accounts. We may process any online instruction we believe is given by any of you if the instruction is accompanied by your Password, and you will be obligated for the transfer or payment, even if the instruction is not transmitted or authorized by you. External transfer Service is not available for business customers.
26. Limitation on Time to Sue.
Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.
Except as otherwise set forth in this Agreement, you agree to indemnify, defend and hold us harmless from all claims, actions, proceedings, fines, costs and expenses (including, without limitation, attorney fees) related to or arising out of: (a) your actions and omissions in connection with your accounts or our Service, or (b) our actions and omissions, provided that they are taken/omitted in accordance with this Agreement or your instructions. This provision shall survive the termination of this Agreement.
28. Other Terms.
This Agreement incorporates, supplements and supersedes where inconsistent, the terms of your account agreement with us. Please see that agreement for other terms relating to this Service (e.g., waivers, dispute resolution, governing law, and overdrafts). You agree to comply with the Terms and Conditions found at our web site, as well as any Service guidelines and instructions set forth at that site. Unless we agree otherwise in a writing that specifically refers to this Agreement, this Agreement, our web site terms and conditions, and your account agreement contain all of the terms of our agreement with you with respect to the Service.
29. Change in Terms.
We may add to, delete from, or change the terms of this Agreement at any time by sending a notice to any of you at the mail or e-mail address shown in our records, by posting the notice or an amended Agreement on our web site, or by delivering it to you. You may choose not to accept the change by closing your account(s) or terminating this Agreement and your use of the Service.
Note: Some of our Services may not be available at all times. We may make additional Services or new features available from time to time.
If our on-line system is not available for any reason, you can contact us during our regular business hours at (855) 343-4070 for assistance.
We may terminate or suspend your access to all or part of the Service at any time, with or without cause. If you decide to cancel the Service, call us at (855) 343-4070 or write to us at Pacific Premier Bank, Attn: Client Services, P.O. Box 25171, Santa Ana, CA 92799-9810. Let us know if you have any outstanding scheduled or recurring bill payments or transfers that you also wish to cancel. Unless you advise us not to make such payments, you will be responsible for any payments we make following your notice of termination. We may refuse to make scheduled or recurring Service payments and/or transfers following termination of the Service. Any indemnification required by this Agreement shall survive its termination.