PACIFIC ONLINE BANKING AGREEMENT AND DISCLOSURE

(Bill Payment Application Available After You Log On)

Please read this Agreement and Disclosure, you may also print a copy to retain for your reference. After reading, to proceed, click on the "I Accept" button or the "Cancel" button at the end of the document.

1. INTRODUCTION
2. HOW TO REACH US

  • Business Days
  • Contact Us
  • E-mail

3. KEEPING YOUR ACCOUNT CONFIDENTIAL

  • Password and Access ID Protection
  • Three Strikes and You're Out
  • Lost or Stolen Password or Access ID
  • Personal Information Protection
  • Examine Your Statement

4. ELECTRONIC BANKING DISCLOSURE

  • Account Access
  • Limitations on funds Transfer from Money Market Checking Accounts
  • Disclosure of Information to Third Parties
  • Documentation
  • Preauthorized Payments
  • Account to Account Transfers
  • Our Liability for Failure to Make Transfer
  • Capital Pacific Bank's Responsibility
  • In Case of Errors or Questions about Your Electronic Transfers (Consumers/Personal Accounts Only)
  • Liability for Unauthorized Use (Consumer/Personal Accounts Only)

5. PROVISIONS APPLICABLE TO BUSINESSES

6. OFFICE OF FOREIGN ASSET CONTROL

7. FEES AND CHARGES

8. OTHER GENERAL TERMS

  • Other Agreements
  • Severability
  • Modifications to This Agreement
  • Right to Terminate Agreement
  • Inactive Status
  • Liability

9. CAPITAL PACIFIC BANK SMART PAY SERVICE

  • Using the Service
  • Smart Pay Fees


1. INTRODUCTION

This Agreement and Disclosure (“Agreement”) for accessing your Capital Pacific Bank (“Bank”) accounts via Pacific Online Banking, is provided for your information. Please read it carefully as it pertains to your accounts and electronic services we offer.

For purposes of this Agreement, the following definitions apply. The terms "WE", "Us", "Our", "CPB" and "Bank" refer to Bank; "You" and "Your" refers to both consumer and business account owners; Pacific Pacific Online Banking is the Internet-based service providing access to your account(s); Time of day references are to U.S. Pacific Standard Time; Business days are Monday through Friday, excluding holidays.

The first time you access your Capital Pacific Bank account(s) through Pacific Online Banking confirms your agreement to abide by the terms and conditions of this Agreement and acknowledges your receipt and understanding of this disclosure. We may change the terms or amend this Agreement from time to time without notice or as otherwise provided by law. Pacific Online Banking can be used to access certain Capital Pacific Bank accounts. Each of your accounts is governed by the applicable account disclosure statement in your Deposit Account Disclosures (prior receipt of which you acknowledge).

This Agreement will be governed by, and interpreted in accordance with federal law and regulation and to the extent that there is no applicable federal law or regulations, by the laws of the State of Oregon. To the extent permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in Multnomah County.


2. HOW TO REACH US

Business Days
Our normal business days and hours are Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays.

Contact Us
You may contact us by telephoning (503) 796-0100 during normal business hours (after 5:0 PM the (503) 796-0100 will be a voice mail service). Coming into our branch or calling us is the best way to report any problems or to get questions answered. If you cannot call us or come in person, you can write to us at: Capital Pacific Bank 805 SW Broadway Suite 780 Portland, OR 97205.

E-Mail
Sending e-mail through our Home Page is one way to communicate with us. We have provided e-mail links for you to ask questions or give comments regarding our Home Page or Pacific Online Banking.

If you send the Bank an electronic mail message, Capital Pacific Bank will be deemed to have received it on the following business day. Capital Pacific Bank will have a reasonable time to act on your e-mail.

E-mail is not a secured environment. Do not send account information or transaction information via e-mail. You should not send an electronic mail message if you need to communicate with Capital Pacific Bank immediately.

3. KEEPING YOUR ACCOUNT CONFIDENTIAL

Password and Access ID Protection
For your protection, we recommend that you frequently change your personal password used to access Pacific Online Banking. (You can change your password under the Change Password button). You agree to hold your Password and Access ID in strict confidence and you will notify us immediately if your password and/or access ID is lost or stolen. As a precaution, it is recommended that you memorize your password and access ID and do not write either down. Passwords should not be easy to guess; for example, your children's or pet's names, birth dates, addresses or other easily recognized identifications related to you. We also recommend you do not have your browser remember your password.

You further agree not to allow anyone to gain access to Pacific Online Banking or to let anyone know your Password used with the service. You agree to assume responsibility for all transactions up to the limits allowed by applicable law. Capital Pacific Bank will not be responsible for any loss due to breach in the above security procedures.

Three Strikes and You Are Out
To guard against unauthorized use of your Access ID and Password, Pacific Online Banking disables the Password indefinitely on the third attempt until you call the Bank and request your Password to be reset.

This will also occur if you accidentally activate this security feature by unintentionally mis-key your Password three (3) times. You will need to call the Bank to reestablish the password for your account(s). You can reach us by calling (503) 796-0100.

Lost or Stolen Password or Access ID
Contact Capital Pacific Bank AT ONCE if you believe your Password, Access ID, ATM/POS Card, VISA Check Card, or Personal Identification Number (PIN) has been lost or stolen or you have identified any unauthorized Electronic Funds Transactions (EFT) on your current statement viewed on-line or your monthly printed statement. Phoning us immediately at (503) 796-0100 is the best way of minimizing your potential losses, or you may email us at mailto:service@cpbank.net to report the problem.

Personal Information Protection
In addition to protecting your Password, Access ID, and account information, you should also protect your personal identification information, such as your Driver's license, Social Security Number, etc. This information, alone or together with information on your account, may allow unauthorized access to your account. It is your responsibility to protect your personal information with the same level of care that you protect your account information.

Examine Your Statement
Please promptly review your statement upon receipt. See “In Case of Errors or Questions About Your Electronic Transfers” for further information.

4. ELECTRONIC BANKING DISCLOSURE

Account Access
Pacific Online Banking is an Internet-enabled service provided to our customers. By using Pacific Online Banking with your personal Password and Access ID, you can:

  • Make account inquiries
  • Check account balances
  • Transfer funds between your, checking and money market account(s)
  • Access your current account statement(s)
  • Download account history into personal financial management software, such as Quicken® and Microsoft Money®
  • Make online bill payments

Available services may be added or cancelled at any time. We will update this Agreement to notify you of the existence of new services. By using these services when they become available, you agree to be bound by the rules contained in this Agreement.

You can use Pacific Online Banking seven days a week, 24 hours a day. However, from time to time, some or all of Pacific Online Banking services may not be available due to system maintenance. During such times, you may use 24-Hour telephone banking service (our automated 24-hour service, at 1(877) 542-8900).

Limitations on Funds Transfers From Money Market Accounts
Pursuant to federal regulations, you are limited to the number of certain transactions you can make on your Money Market Accounts.

For Money Market Accounts, you may make no more than six (6) transfers to another account or to a third party by pre-authorized, online transfers, automatic transfers, point of sale (POS), telephone transfers, fax requests, voice response requests, and ACH (Automated Clearing House-electronic transactions), of which only three (3) may be checks, per statement cycle.

Online transfers are transactions between accounts initiated through Pacific Online Banking. Telephone transfers are transfers between accounts initiated by a personal telephone call or by using our 24-Hour Telebanking. Preauthorized withdrawals are transfers made according to a specific agreement between a customer and us or another party. (Examples of preauthorized withdrawals are regular electronic payments from savings made to a third party, such as health clubs, insurance companies, etc.) Check access refers to any checks you write on your Money Market Account.

Disclosure of Information to Third Parties
We will disclose information about your account to third parties only when one of the following conditions exist:

  • When necessary to complete a transaction requested by you.
  • In order to verify existence and status of your account(s), such as for a retail merchant or credit reporting agency.
  • In order to comply with government agencies or court orders.
  • When an inquiry is made regarding whether your account has sufficient funds to cover a check drawn on your account.
  • If you give us written permission.
  • We may disclose information about your account-to-account verification services, such as ChexSystems, Inc. ® if we close your account because of your unsatisfactory handling, fraud or attempted fraud or criminal activity, information we report usually includes your name, address, Taxpayer Identification Number (TIN), driver's license number and the date and reason the account was closed. The account verification service may supply this information to others. This may adversely impact your ability to establish an account at another financial institution for up to five years from the date of our report.  Information concerning your account history with Capital Pacific Bank will be shared within the Capital Pacific Bank organization. Other information, including information you have given us as part of an application for one of our products or services or information we have received from a credit bureau or other third party, also may be shared among affiliated companies within the organization, with bank regulators and agents.

Documentation
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. If you currently receive a quarterly statement, when conducting on-line transactions you agree that we may change your statement to a monthly cycle to comply with Federal Regulations.
If you have arranged to have direct deposits made to your account, you can review your account history using Pacific Online Banking or call us at 877-542-8900 (telephone banking) to find out whether or not the deposit has been made.

Preauthorized Payments
If you have told us in advance to make regular payments (preauthorized payments) out of your account, you can stop any of these payments. Here's how:

You may notify us verbally during regular business hours at 503-796-0100, or write us at Capital Pacific Bank, 805 SW Broadway Suite 780 Portland, OR 97205, at least three (3) business days or more before the scheduled date of the transaction. If you make a verbal request, we may require you to notify us in writing within fourteen (14) days of the verbal notification. (See your “Terms and Conditions for Electronic Funds Transfers” and/or “Schedule of Fees and Charges”, prior receipt of which you acknowledge, for stop payment charge).

Account to Account Transfers
If you have established two or more deposit accounts with Capital Pacific Bank and use the online transfer feature provided as a convenience to you, it is believed to be in good faith by an authorized person.

A transfer made in a session that ends before 5:00 PM from any eligible account shall be made from collected funds and shall be available for withdrawal from the account into which the transfer is made as of the next banking day.

Our Liability for Failure to Make Transfer
Capital Pacific Bank agrees to make reasonable efforts to ensure full performance of Pacific Online Banking. Capital Pacific Bank will be responsible for acting only on those instructions sent through Pacific Online Banking, which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under our control, which may affect the accuracy or timeliness of messages you send. Capital Pacific Bank is not responsible for any losses incurred should you give incorrect instructions, or if your transfer instructions are not given sufficiently in advance to allow for timely processing.

Any information you receive from Capital Pacific Bank or other information providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. Capital Pacific Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.

Neither Capital Pacific Bank nor other information providers are responsible for any computer virus or related problems, which may be attributable to services provided by your internet access provider, or other vendors or services outside of our control.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Pacific Online Banking. Capital Pacific Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

Except as otherwise provided in the Capital Pacific Bank’s Responsibility section below, and in the absence of negligence on the part of Capital Pacific Bank, neither Capital Pacific Bank, any other information provider, nor any other software supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of Pacific Online Banking.

Capital Pacific Bank’s Responsibility
Capital Pacific Bank will be responsible for your actual losses if we were directly caused by our failure
to :

  • Complete an Electronic Funds Transfer as properly requested.
  • Cancel an Electronic Funds Transfer as properly requested.

However, we will not be responsible for your losses if:

  • Through no fault of Capital Pacific Bank, you do not have enough money in your account to make the transfer.
  • Through no fault of Capital Pacific Bank, the transaction would have caused you to exceed your available credit.
  • Circumstances beyond our control (e.g., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
  • There is a hold on your account, or if access to your account is blocked in accordance with banking policy.
  • Your funds are subject to legal process or other encumbrance restricting the transfer.
  • Your transfer authorization terminates by operation of law.
  • You believe someone has accessed your accounts without your permission and you fail to notify us.
  • You have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
  • We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
  • We believe that unauthorized use of your Password or Account has occurred or may be occurring, or if you default under this Agreement, the “Deposit Account Agreement” or any other agreement with us, or if we or you terminate this Agreement.

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

In Case of Errors or Questions About Your Electronic Transfers
(Consumer/Personal Accounts Only)

In case of errors or questions about your electronic funds transactions, or if you think your statement or receipt is wrong or if you need more information about an EFT listed on your account statement or receipt, contact Capital Pacific Bank at (503) 796-0100 or email us at mailto:service@cpbank.net. We must hear from you no later than sixty (60) days after we have sent the FIRST statement on which the problem or error appeared. We will need you to provide to Capital Pacific Bank the following information:

  • Your name and your account number.
  • Describe the error or the EFT you are unsure about, 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 verbally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will tell you the results of our investigation within ten (10) business days (twenty (20) business days if the account is still in its new account period after we hear from you) and will correct any error promptly. If we need more time, we may take up to forty-five(45) days or ninety (90) days if the account is still within its new account period (within 30 days of the first deposit to the account), POS or a foreign transaction to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days if the account is still within its new account period) 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 ten (10) business days, we may not credit your account.

Regardless of the outcome of our investigation, we will send you a written explanation of our findings within three (3) business days after we complete our investigation. That explanation will include a notice of the date and the amount of the item in question. If our investigation reveals that no error occurred and we debit the provisional credit, we will continue to honor any third party checks or pre-authorized transfers for a period of five (5) business days to the extent that they would have been paid if the provisional credit had not been debited.

We will send you a written explanation within three (3) business days following our decision based on our investigation. You may request copies of the documents that we used in our investigation.

Liability for Unauthorized Use
(Consumers/Personal Accounts Only)

If you believe that your Password and/or Access ID (including ATM/POS card or PIN), has been lost, stolen or discovered by an unauthorized person and you notify us within two (2) business days of the loss or theft, you can lose no more than $50. If you do NOT notify us within two (2) business days after you learn of the loss or theft of your Password, Access ID, ATM/POS Card or PIN, and we can prove that we could have prevented someone from accessing your accounts via one of the above without your permission, you could lose as much as $500.  Also, if your statement reflects any EFT's that you did not make or authorize, notify Capital Pacific Bank AT ONCE by telephone and confirmed in writing. Failure to notify the Bank within sixty (60) days after the statement was mailed to you may result in zero compensation for any losses you may sustain if Capital Pacific Bank can prove that we could have prevented someone from accessing your account(s) if you had notified us in time. If a good reason (such as a long trip or hospital stay) prevented you from notifying the Bank, we will extend the time periods.  If you authorize someone else to use your Password, Access ID, PIN, you are responsible for all transactions, which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorize.

5. PROVISIONS APPLICABLE TO BUSINESSES
You agree that we may send notices and other communications to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Capital Pacific Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.
You agree to:

  • Keep your Password secure and strictly confidential, providing it only to authorized signers on your account(s).
  • Instruct each person to whom you give your Password that he or she is not to disclose it to any unauthorized person.
  • Immediately notify us and select a new Password if you believe your Password may have become known to an unauthorized person.
  • THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSFER MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.

By using the Pacific Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions, which are commercially reasonable. You agree to be bound by your instructions, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).

If we fail or delay in making a transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount which we failed to transfer, calculated from the date on which the transfer was to be received until the date it was actually made or you canceled the instructions.
If we make payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously transferred, plus interest thereon from the date of the transfer to the date of the refund, but in no event to exceed sixty (60) days' interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 350-day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS' FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

6. OFFICE OF FOREIGN ASSET CONTROL
Under the Bank Secrecy Act, the Bank is prohibited from transacting business with persons or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons or entities blocked by OFAC. Return to Top.

7. FEES AND CHARGES

There are no fees or charges for accessing your account through Pacific Online Banking. Other fees, as described in your “Schedule of Fees and Charges” (prior receipt of which you acknowledge), may apply to services you order online.

8. OTHER GENERAL TERMS

Other Agreements
In addition to this Agreement, you agree to be bound by and will comply with all terms and conditions applicable to each of your accounts with Capital Pacific Bank, as described in your Deposit Account Disclosures (prior receipt of which you acknowledge). Your use of Pacific Online Banking is your acknowledgment that you have received these agreements and intend to be bound by them.

Severability
In the event that any portion of this Agreement is held by a court to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.

Modifications to This Agreement
Capital Pacific Bank may modify the “Terms and Conditions” applicable to Pacific Online Banking from time to time upon mailing or delivering a notice of the modifications to you at the address shown on your account records, and the revised “Terms and Conditions” shall be effective at the earliest date allowed by applicable law.

Right to Terminate Agreement
Capital Pacific Bank reserves the right to terminate this Agreement and your access to Pacific Online Banking in whole or in part, at any time.

Inactivity Status
If you do not access Pacific Online Banking during any consecutive sixty (60) day period your password will convert to inactive status. If your password becomes inactive, you must contact us to have the password re-activated before you will be able to access Pacific Online Banking or schedule any transaction.

This Agreement will remain in effect until it is terminated by you or Capital Pacific Bank.

You understand that you may cancel this Agreement at any time by notifying Capital Pacific Bank electronically or by mail at the address provided below. This will cancel Pacific Online Banking, but will not terminate your accounts with Capital Pacific Bank.

You may notify Capital Pacific Bank by one of the following methods:

  • By calling (503) 796-0100 9:00 AM to 5:00PM Monday through Friday.
  • By writing a letter and taking it to our office.
  • By writing a letter and sending it to the following address:

Capital Pacific Bank
805 SW Broadway, Suite 780
Portland, OR 97205

Capital Pacific Bank Liability
Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Capital Pacific Bank, or by Internet browser providers such as Netscape® (Netscape Navigator browser) and Microsoft® (Microsoft Explorer browser), or by Internet access providers or by online service providers or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special, or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, Pacific Online Banking, or Internet browser or access software.

We invite you to print a copy of this Pacific Online Banking Disclosure and Agreement and retain it for your records. You may also request a copy of this Agreement be mailed to you. To do so, email us at: mailto:service@cpbank.net or call us at (503) 796-0100 during regular business hours.
 

 

 (Optional Service - Please Complete enrollment application at the bottom of this page.)

9. Capital Pacific Bank Smart Pay Service

A. Using the Service

The Pacific Online Banking Service allows you to schedule bill payments through Smart Pay. You can schedule, at your option, for the payment of your current, future and recurring bills from any of your Capital Pacific Bank checking accounts, once they are enrolled. There is no limit to the number of payments that may be authorized. You may pay any merchant or individual through the use of Pacific Online Banking Smart Pay. We are unable to process any payment of taxes or court-directed payments through Pacific Online Banking Smart Pay Services.

By furnishing us with the names of payees/merchants, you authorize us to follow the payment instructions to these payee/merchants that you provide us through Pacific Online Banking Smart Pay. When we receive a payment instruction (for the current or a future date,) we will remit funds to the payee on your behalf from the funds in your selected checking account. When Pacific Online Banking Smart Pay receives a payment instruction, you authorize it to charge your checking account and remit funds on your behalf on the day designated. While it is anticipated that most transactions will be completed on the exact day designated, it is understood that due to circumstances beyond the control of Pacific Online Banking Smart Pay, particularly delays in handling and posting payments, slow-responding companies or financial institutions, some transactions may take a day or even a few days longer.
For this reason, it is recommended that all payments transfers be scheduled to at least (7) seven business days before the actual due date. If you properly follow the procedures described herein, and Pacific Online Banking Smart Pay fails to deliver a payment on the scheduled payment date, Pacific Online Banking Smart Pay will bear the responsibility for late charges ($50.00 maximum). In any other event, including, but not limited to, choosing a payment date less than (7) seven days prior to the actual due date, the risk of incurring and the responsibility for paying any and all charges or penalties shall be borne by you.
Pacific Online Banking Smart Pay will use its best efforts to process all your payments properly. However, Capital Pacific Bank shall incur no liability if it is unable to complete any payments initiated by you through Pacific Online Banking Smart Pay services because of the existence of any one or more of the following circumstances:

1. Your account does not contain sufficient funds to complete the transaction or, if applicable, the transaction would exceed the credit limit of your overdraft protection account.

2. The Pacific Online Banking Smart Pay processing center is not working properly and you know or have been advised by the service about the malfunction before you execute the transaction.

3. You have not provided Pacific Online Banking Smart Pay with the correct names or account information for those persons or entities to whomever you wish to direct payment.

4. Circumstances beyond the Pacific Online Banking Smart Pay's control such as, but not limited to, fire, flood, or interference from an outside force that would prevent the proper execution of the transaction.
You have the right to stop or change any scheduled payment. You must cancel the payment by no later than 7 PM (Pacific Time), on the Payment Date, by using the DELETE function on the Pacific Online Banking Smart Pay "Payment List" screen.
Capital Pacific Bank reserves the right to terminate your use of Pacific Online Banking Smart Pay bill payment service in whole or part, at any time without prior notice.

If, for any reason, you should ever wish to cancel Pacific Online Banking Smart Pay bill payment services, we strongly suggest that you cancel all future bill payments at the same time that you cancel your service, by deleting those payments using Pacific Online Banking Smart Pay. This will ensure that future payments and transfers made by you will not be duplicated. We will automatically delete all outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your service has been terminated. We will continue to maintain your accounts until you notify us otherwise.
 

B. Smart Pay Fees

The monthly fee for Pacific Online Banking Smart Pay payment services is $5.95 and includes up to 25 payments per month. Additional payments can be made for $0.50 each. This fee covers bill payments to anyone you wish to pay in the U.S. These fees cover service for the previous month and are effective upon enrollment. Fees will be charged to your payment account, whether or not bill payments are made out of that account, or any other account linked to Pacific Online Banking Smart Pay payment services.
Additionally, you agree to pay any special charges in effect as announced by the Bank from time to time. These charges are in addition to the fees and service charges specified in your applicable Account Disclosure and Schedules of Services.
If the payment account has insufficient funds to cover fees, the Bank will deduct the fee from any other checking account linked to Pacific Online Banking Smart Pay (in any order we may choose.) If the fee cannot be paid, we may cancel your Smart Pay service. After cancellation, your Smart Pay service may be reinstated by contacting Capital Pacific Bank Online Banking Center once sufficient funds are available in your payment account to cover the Smart Pay fees and any other pending transfers or debits.