Online Banking Agreement & Disclosures

Bank of the Pacific Online & Mobile Banking Agreement & Disclosure                       

By accessing your accounts through Online Banking or Mobile Banking, you agree to be bound by the below terms and conditions of this Online and Mobile Banking Agreement and Disclosure (“Agreement”). By clicking “Agree to Terms and Enroll,” you acknowledge that you have read and understand its terms and agree to receive notices regarding your account electronically.

 

Agree to Terms and Enroll

 

About This Agreement

This Online and Mobile Banking Agreement and Disclosure (“Agreement”) governs the use of the Online Banking service (“Online Banking”) offered by Bank of the Pacific (“Bank”). Online Banking allows Bank customers to perform various banking functions through a personal computer and the internet or through the Mobile Banking app. When you use any Online Banking or Mobile Banking service described in this Agreement, you agree to be bound by the terms and conditions of this Agreement and any subsequent amendments. The Bank may, from time to time, introduce new Online Banking or Mobile Banking services. By using those services when they become available, you agree to be bound by this Agreement and any subsequent amendments.

Changes to This Agreement

We reserve the right to modify this Agreement at any time, including by adding, revising, or deleting terms. If a change adversely affects you, we will provide advance notice as required by applicable law. If a change benefits you, advance notice may not be required. If you do not agree with a change, you may discontinue using the Service. Continued use of the Service constitutes acceptance of the revised Agreement.

Other Agreements

Your use of the Online Banking service may also be governed by other agreements between us, including, but not limited to, the Deposit Agreement and Disclosure Statement. Your use of the Online Banking service does not change any other agreement you may already have with us. You should review those agreements for applicable fees, limitations on the number of transfers you can make, and other restrictions that may affect the use of your accounts through the Online Banking service.

Using Online Banking

To use the Online Banking service, you must have at least one account with the Bank. To access your accounts via the internet, you must have internet access through a secure internet service provider. Your internet browser must support TLS 1.2 or higher encryption. Your information will be encrypted while in transit between your browser and Bank of the Pacific. If you are using an older browser or receive an error message when you attempt to log in, you may need to upgrade your browser software.

During enrollment, you will have the opportunity to choose a Login ID; however, the Login ID must be unique within our system. Your account access will be available immediately upon successful authentication of your enrollment information. Your Login ID, which cannot be used without your password, will provide access to all eligible accounts for which you are an owner or signer, whether individually or jointly held, as well as any new account you may open in the future.

You agree that we are entitled to act upon instructions received through the Online Banking service using your password without further inquiry into the identity of the person using that password. However, you agree that under no circumstances will you disclose your password by telephone or any other means. You acknowledge that no Bank employee will ever ask for your password and that Bank employees do not need and should not request your password. You are liable for all transactions made through the authorized use of your password and agree that if you give your password to anyone, you do so at your own risk because anyone with your password will have access to your accounts. You may change your password at any time through Online Banking. You may also request that we disable your password at any time.

Joint Accounts

For joint accounts, each person will have a separate Login ID and password. Each person on a joint account will be liable for all transactions made on that account. Each person on a joint account authorizes all transactions made by any other person on the account. Each person on a joint account agrees to be liable for the actions of all other persons on the account.

Mobile Banking

Mobile Banking is offered as a convenience and supplemental service to Online Banking. To use Mobile Banking services, you must be enrolled in Online Banking and have downloaded the Mobile Banking app to your Apple or Android device.

Message and data rates may apply.

Mobile Banking may not be accessible or may provide limited service through some network carriers. Mobile Banking may not be supported on all devices. Bank of the Pacific cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, including data outages or out-of-network issues.

Description of Services

You may use the Online Banking or Mobile Banking service to:

  • View account balances.
  • View pending items and posted transaction history.
  • View check images.
  • Search transaction history by date and description.
  • Receive eStatements.
  • Export transaction history in Microsoft Excel (XLS), comma-separated values (CSV), Intuit Quicken (QFX), Intuit QuickBooks (QBO), or Microsoft OFX (OFX) formats.
  • Transfer funds between accounts at the Bank on a one-time or recurring basis. (The number of transfers you may make from an account is limited as described in the applicable account agreement. In addition, if a hold is placed on funds deposited into an eligible account, you may not transfer the portion of funds subject to the hold until the hold expires.)
  • Make payments on Bank loans.
  • Make HELOC advances.
  • Make Account-to-Account Transfers (real-time transfers to another Bank of the Pacific Online Banking customer only).
  • Send money with Zelle® (consumer accounts only).
  • Deposit checks using Mobile Deposit (Mobile Banking only).
  • Request stop payments on checks.
  • Send and receive secure messages with Bank of the Pacific.
  • Use Text Banking.
  • Use the Bill Payment service.
  • Use optional Direct Connect services for Quicken and QuickBooks.

Text Banking

Text Banking is an Online Banking service that allows you to quickly request and receive account information and complete fund transfers via text message. To use Text Banking, you must be an Online Banking user and be enrolled in Text Banking.

Message and data rates may apply.

Bill Payment Service

The Bill Payment service allows you to schedule bill payments through Online Banking or Mobile Banking. The Bank does not provide this service directly. Instead, the Bank has entered into an agreement with a bill payment provider to offer bill payment services directly to you.

Subject to any limitations imposed by regulators or the Bank, you may arrange for the payment of current, future, and recurring bills from a checking account or money market checking account. You may pay any merchant or individual approved by the bill payment provider; however, merchant payments may not exceed $40,001.00, and payments to individuals may not exceed $1,600.00 per transaction or $3,200.00 per day.

Although payments are initiated electronically by you, they are ultimately paid through the Automated Clearing House (ACH) network, by paper check, or by prepaid card. Payments delivered through the ACH network are governed by that network’s rules and performance standards.

Our Bill Pay service uses a Payment Date and an Estimated Delivery Date. The Estimated Delivery Date displayed on the calendar is the projected date the payee will receive payment. For electronic payments, funds are withdrawn from your payment account on the Payment Date, which is generally two business days before the Estimated Delivery Date. If payment is sent by paper check, funds are withdrawn from your payment account when the check clears.

Limitations on Transfers and Payments

When you request a transfer between accounts or make a payment, you authorize us to withdraw the necessary funds from your designated account. You agree to instruct us to make a withdrawal only when sufficient funds are available in your account at the time of withdrawal.

If sufficient funds are not available, we may either complete the transfer or payment, resulting in an overdraft, or refuse to complete the transfer or payment. We reserve the right to impose a non-sufficient funds (NSF) fee.

Security & Protecting Your Account

We are strongly committed to protecting the security and confidentiality of our customers’ account information. We use several methods to help secure our Online Banking service, including the following:

  • Online Banking may be accessed only through browsers that meet our security standards.
  • Your account numbers are masked, and only the last four digits are displayed.
  • You must have a valid Online Banking Login ID and password.
  • If no activity occurs for 20 minutes, you will be automatically logged out of Online Banking.

Accessibility

Generally, Online Banking is available seven days a week, 24 hours a day. However, at certain times, some or all Online Banking services may be unavailable because of system maintenance or circumstances beyond the Bank’s control.

The Bank does not warrant that Online Banking will be available at all times. When Online Banking is unavailable, you may use our 24-Hour Banking telephone service, an automated teller machine (ATM), or a branch office to conduct transactions.

An Online Banking transaction initiated before 6 p.m. Pacific time on a banking day will be posted to your account the same day. All transfers completed after 6 p.m. Pacific time, or on a nonbanking day, will be posted on the next banking day.

Stop-payment instructions received after 6 p.m. Pacific time, or on a day when we are not open for business, will be processed on the next business day.

Bank of the Pacific will make every reasonable effort to honor your stop-payment request. However, if the item has already been processed and posted to your account, the Bank will be unable to stop payment. It is your responsibility to review your account history before submitting a stop-payment request to avoid unnecessary fees.

Acceptance of a stop-payment instruction does not constitute a representation that the item has not already been paid.

Restrictions

You may not use Online Banking to appropriate any information or material that violates the copyright, trademark, proprietary, or intellectual property rights of any person or entity. You may not gain, or attempt to gain, access to any Online Banking server, network, or data not specifically authorized by the Bank or its suppliers. You also must not include obscene, libelous, scandalous, defamatory, or otherwise unlawful content in communications with the Bank or its suppliers.

Responsibility

Neither Bank of the Pacific nor its suppliers will be liable for any transaction if:

  1. You do not have sufficient funds in your account to complete the transaction.
  2. A legal order prohibits withdrawals from your account.
  3. Your account is closed or frozen.
  4. The transaction would cause your balance to exceed the credit limit of any overdraft protection arrangement.
  5. You, or anyone you authorize, commits fraud or violates any law or regulation in connection with Online Banking.
  6. Any electronic terminal, telecommunications device, or component of the electronic funds transfer system is not functioning properly.
  7. You do not provide complete and accurate payment or transfer information.
  8. You do not properly follow the instructions for using Online Banking.
  9. You know that Online Banking is not functioning properly when you initiate the transaction or payment.
  10. A postal delay occurs.
  11. Circumstances beyond our control, such as fire, flood, or improper transmission or handling by a third party, prevent, hinder, or delay the transaction.

Fees and Charges

There are no fees for using Online Banking. However, depending on how you use the service, you may incur other fees and charges, including, but not limited to:

  • Standard account fees
  • Service charges
  • Stop-payment fees
  • Bill payment fees for rush payments, donations, and gift checks
  • Internet service provider fees
  • Telephone or mobile carrier charges

Unauthorized Transactions

You should notify us immediately at (833) 367-2687 if you believe someone has improperly obtained your password or if you suspect fraudulent activity involving your account.

If your password (PIN) has been compromised and you notify us within two business days after discovering the loss or unauthorized use, your liability is limited to $50. If you fail to notify us within two business days, you may be liable for up to $500 if timely notice would have enabled us to prevent unauthorized use of your account.

You should contact us, or the bill payment provider when applicable, as soon as you identify any errors or discrepancies on your statement or transaction record, or if you need information about a listed transaction.

We must receive notice no later than 60 days after we send the first statement on which the problem or error appears.

If you notify us verbally or electronically, we may require you to submit your complaint or question in writing within 10 business days. If you fail to notify us within the 60-day period, you may lose the right to recover funds if we can demonstrate that the loss could have been prevented through timely notification.

We may extend these time periods for valid reasons, including extended travel or hospitalization.

When reporting a problem or discrepancy, please provide:

  1. Your name and account number.
  2. A description of the error or transaction in question and an explanation of why you believe it is incorrect or what information you need.
  3. The dollar amount of the suspected error.
  4. For bill-payment errors, the account used to make the payment, the payee name and account number, the payment date, the payment amount, and the payment reference number.

Generally, we will provide the results of our investigation within 10 business days after receiving notice from you. We may take up to 20 business days if the notice involves an electronic fund transfer to or from an account within 30 days after the first deposit to that account.

In some circumstances, including point-of-sale transactions, international transactions, or transactions occurring within 30 days after the first deposit to the account, we may take up to 45 days—or up to 90 days in certain cases—to complete our investigation.

If necessary, we may provisionally credit your account so that you have access to the funds during the investigation. If we request written confirmation and you fail to provide it within 10 business days, we reserve the right not to provisionally credit your account.

If we determine that an error occurred, we will correct your account within one business day. If we determine that no error occurred, we will provide a written explanation within three business days after completing our investigation and may reverse any provisional credit applied to your account.

You may request copies of any documents used during our investigation.

Electronic Mail (E-Mail)

Email is an effective way to communicate with the Bank regarding your accounts or Online Banking services. However, email messages are transmitted through your own email provider and are not secure.

For this reason, you should not include confidential information, such as account numbers, balances, passwords, or other sensitive information, in email messages sent to the Bank.

You may use the Online Banking Secure Mailbox to communicate confidential information securely.

You cannot use email to initiate Online Banking transactions. All transactions must be initiated through the appropriate Online Banking functions or by contacting your branch.

The Bank is not liable for errors, omissions, claims, or problems arising from the use of email.

By accepting this Online Banking Agreement and Disclosure, you consent to receive Online Banking notices by email at the address we have on file. To change your email address, please send us a Secure Message through Online Banking.

Disclosure of Information

Protecting your privacy is important to the Bank. We value your trust and want you to understand what information we collect, how we protect it, and how we use it.

Bank of the Pacific does not disclose nonpublic personal information collected about you except as necessary to provide contracted services and as permitted by the Bank’s Privacy Policy and applicable state and federal law.

For a complete copy of our Privacy Policy, visit www.bankofthepacific.com/privacy-policy or contact us at:

Bank of the Pacific
300 E. Market St.
P.O. Box 1826
Aberdeen, WA 98520

Confidentiality and Information Security

In accordance with Section 501(b) of the Gramm-Leach-Bliley Act, the Bank implements appropriate safeguards designed to protect customer information.

Access to your personal and account information is limited to employees who need the information to provide products and services to you.

We maintain physical, electronic, and procedural safeguards that comply with federal standards for protecting nonpublic personal information. We also require third parties with whom we share customer information to comply with contractual obligations governing the use and protection of that information.

Links to Other Sites

Information published by the Bank on the internet may contain links to third-party websites, and third parties may establish links to the Bank’s website.

The Bank makes no representations regarding any website you may access through links to or from the Bank’s website. Unless expressly stated otherwise in writing, the Bank does not endorse products or services offered by third parties linked to its website and is not responsible for any software, content, or information published on third-party websites.

You should take appropriate precautions when downloading files to protect your computer, software, and data from viruses, malware, and other harmful programs.

Virus/Malware Protection

The Bank is not responsible for any virus or malware you may encounter while using Online Banking.

We encourage you to routinely scan your computer using reputable antivirus and anti-malware software. If left undetected or unrepaired, viruses may corrupt or destroy programs, files, and hardware, while malware may permit unauthorized access to your computer or personal information.

You should also ensure that your operating system and applications are configured to automatically download and install critical security updates or notify you when updates become available.

Damages and Warranties

In addition to the other terms contained in this Agreement, the Bank is not responsible for losses, errors, injuries, expenses, claims, attorney fees, interest, or other damages, whether direct, indirect, special, punitive, incidental, or consequential (collectively, “Losses”), arising from Online Banking, Mobile Banking, or the installation, use, or maintenance of your computer hardware or software, including software provided by the Bank or its suppliers.

The Bank also disclaims responsibility for any viruses or malware encountered through the installation or use of such software.

Without limiting the foregoing, neither the Bank nor its suppliers will be liable for:

  1. Failure to perform or losses arising from events beyond their reasonable control, including communications failures, interruptions, acts of God, or labor disputes.
  2. Loss, disclosure, or compromise of data transmitted through the internet, communications lines, postal systems, or ACH networks.

Online Banking services are provided from facilities operated by the Bank and its suppliers. Neither the Bank nor its suppliers represent or warrant that information, materials, or functions available through Online Banking are appropriate for use in every jurisdiction.

If you choose to use Online Banking, you do so at your own initiative and are solely responsible for complying with applicable laws and regulations.

Neither the Bank nor its suppliers warrant the adequacy, accuracy, or completeness of information provided through Online Banking or through linked third-party websites.

THE BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY, OR PERFORMANCE OF ONLINE BANKING OR ANY RELATED SOFTWARE. THE BANK DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ERROR-FREE OPERATION.

Indemnification

You agree to indemnify, defend, and hold harmless the Bank and its officers, employees, directors, suppliers, and agents, whether acting in their individual capacities or otherwise, from and against any Losses arising out of:

  1. Your negligence.
  2. Your failure to comply with applicable law.
  3. Your failure to comply with the terms of this Agreement.

Additional Remedies

The Bank is entitled to all remedies available under applicable law, including, but not limited to, injunctive relief to prevent or stop any breach of this Agreement.

Termination and Changes in Terms

The Bank reserves the right to terminate this Agreement or modify any charges, fees, or other terms described in this Agreement at any time.

When changes are made, we will notify you by email and/or mail sent to the address in our records. You may also review the most current version of this Agreement on our website.

Applicable Rules, Laws, and Regulations

You agree that this Agreement is governed by the laws of the State of Washington and applicable federal laws of the United States.

Any legal action arising out of this Agreement must be brought in a court of competent jurisdiction serving Grays Harbor County, Washington.

The prevailing party in any such action is entitled to recover reasonable attorney fees, costs, and expenses.

Assignment

The Bank may assign its rights or delegate all or part of its duties under this Agreement to a third party.

Integration

This Agreement constitutes the entire understanding between the parties regarding the subject matter addressed herein. All prior agreements, understandings, and representations relating to the same subject matter are superseded.

Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and the Bank.

Severability

If any provision of this Agreement conflicts with another agreement between you and the Bank, this Agreement will control with respect to Online Banking services.

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

The Bank’s failure to exercise any right under this Agreement does not constitute a waiver of that right.

No waiver of any breach of this Agreement shall constitute a waiver of any prior or subsequent breach.

Force Majeure

Neither party will be liable for any loss or damage resulting from causes beyond its reasonable control, including, but not limited to:

  • Fire
  • Explosion
  • Lightning
  • Pest damage
  • Power outages or surges
  • Strikes or labor disputes
  • Floods or other water damage
  • Acts of God
  • War
  • Civil disturbances
  • Actions of civil or military authorities
  • Transportation disruptions
  • Fuel or energy shortages
  • Acts or omissions of communications carriers
  • Other similar events beyond the affected party’s reasonable control

Either party may terminate this Agreement immediately upon written notice if the other party is unable to perform its obligations under this Agreement for more than 30 consecutive days because of a force majeure event.

Construction

This Agreement shall be interpreted fairly and without regard to which party drafted or prepared it.

If any provision of this Agreement conflicts with current or future law, that provision will be modified only to the extent necessary to comply with applicable law. All remaining provisions will remain in effect.

Zelle® Service Addendum

This Zelle® Network Standard Terms Agreement (“Agreement”) governs your use of Bank of the Pacific’s person-to-person payment service offered through the Zelle® Network (“Zelle®“).

Effective April 30, 2025.

Description of Services

The Zelle® Network (“Zelle®“) provides a convenient way to send and receive money with people you know and trust.

Zelle® allows you to send and receive money with customers enrolled with Bank of the Pacific or another financial institution participating in the Zelle® Network (each, a “User”) using an email address, mobile phone number, or other approved identifier (collectively, a “Token”).

Financial institutions participating in the Zelle® Network are referred to as “Network Financial Institutions.”

Zelle® does not provide deposit accounts or other financial services. Zelle® does not transfer or hold funds on your behalf. All transfers are processed through participating Network Financial Institutions.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FRIENDS, FAMILY MEMBERS, AND OTHER PEOPLE YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO PEOPLE YOU DO NOT KNOW OR TRUST.

Eligibility and User Profile

When you enroll in the Service, you agree to the terms and conditions of this Agreement and represent that you have authority to authorize debits and credits to the enrolled account.

You agree not to use the Service to make:

  • Tax payments
  • Court-ordered payments, including alimony or child support
  • Fine payments
  • Gambling-related payments
  • Payments prohibited by law

You also agree not to request payments for any such purposes.

You may not authorize a third party to use the Service or share your credentials with another person except as legally authorized, including under a valid guardianship or power of attorney.

We and Zelle® reserve the right to suspend, limit, or terminate your access to the Service at any time and without prior notice if your use is determined to be unlawful, improper, harmful to the Zelle® brand, or otherwise presents risk to us, Zelle®, other Network Financial Institutions, or the financial system.

Content Standards

You agree not to use the Service to upload, post, transmit, distribute, or otherwise make available content that:

  • Is false, misleading, unlawful, obscene, indecent, pornographic, defamatory, threatening, harassing, hateful, abusive, or inflammatory.
  • Encourages criminal conduct or conduct giving rise to civil liability.
  • Violates another person’s rights, including privacy, publicity, intellectual property, or proprietary rights.
  • Contains corrupted data or harmful, disruptive, or destructive files.
  • Advertises products or services that compete with Zelle®.
  • Is otherwise objectionable, disruptive, or harmful, as determined by us or Zelle®.

Neither we nor Zelle are obligated to monitor content; however, both reserve the right to review, monitor, remove, or restrict content at any time and for any reason.

You acknowledge that content made available through the Service may be offensive, objectionable, or inaccurate. Neither we nor Zelle assume responsibility for such content.

Zelle® Tags

The Service may allow you to create a unique alphanumeric identifier, known as a Zelle® tag, that can be used instead of your mobile phone number or email address when sending, receiving, or requesting money.

Each Zelle® tag must:

  • Be associated with an eligible U.S. mobile phone number.
  • Comply with the Content Standards described in this Agreement.
  • Not mislead or deceive other users regarding your identity.

Neither we nor Zelle® are obligated to monitor Zelle® tags; however, both reserve the right to remove, suspend, modify, or require changes to any Zelle® tag at any time and for any reason.

You acknowledge that Zelle® tags created by other users may be offensive, inaccurate, or objectionable. Neither we nor Zelle® assume responsibility for user-created Zelle® tags.

We respect the intellectual property rights of others and require users to comply with applicable copyright, trademark, and intellectual property laws.

Funding Accounts

To use the Service, you must maintain an eligible funding account.

To send money through Bank of the Pacific’s Zelle® service, you must have an eligible consumer checking account.

You may link an eligible debit card during enrollment to send and receive funds in real time, subject to Service availability.

Your mobile phone number or email address may be associated with only one consumer account through a Zelle® token at a time.

Each token may be assigned to only one funding account for receiving funds.

You may transfer a token to another account at the same financial institution or to an account at another participating financial institution. When a token is transferred, the prior account registration will be deactivated. A deactivated token may later be re-registered.

Consent to Share Personal Information (Including Account Information)

You authorize each Network Financial Institution to use the email addresses and mobile phone numbers associated with you to process and route transfers to and from your funding account.

By accepting or authorizing a transfer through an email address or mobile phone number, you authorize participating Network Financial Institutions and Zelle® to associate that identifier with your funding account.

You agree that we may disclose information about you to persons with whom you send, receive, or request funds through the Zelle® Network.

Information that may be disclosed includes:

  • Name
  • Address
  • Mobile phone number
  • Email address

You waive any provision of the Bank’s Privacy Notice that would otherwise prevent disclosure necessary to complete a Zelle® transaction.

You authorize us to obtain additional information reasonably necessary to comply with anti-money laundering laws, OFAC requirements, and other legal or regulatory obligations.

You further authorize us to use, share, copy, modify, display, and distribute information necessary to process transfers and support your use of the Service.

We may also disclose information to transaction processors, clearinghouses, credit bureaus, merchants, and other parties necessary to process transactions or verify account information.

Privacy and Information Security

Protecting your information is a top priority.

Our Privacy Policy is available at www.bankofthepacific.com/privacy-policy, and Security Statement is available at www.bankofthepacific.com/security-statement.

These policies are incorporated into and form part of this Agreement.

Wireless Operator Data

We or Zelle® may obtain information from your wireless carrier to help verify your identity and prevent unauthorized use of the Service.

By using the Service, you authorize your wireless carrier to disclose information regarding your account and wireless device to Zelle® or its service providers for fraud-prevention and identity-verification purposes during the duration of your relationship with the Service.

Enrolling for the Service

To enroll, you must provide:

  • An email address that you regularly use and intend to continue using.
  • A permanent U.S. mobile phone number that you intend to maintain for an extended period.

You may not enroll using:

  • Landline telephone numbers
  • Toll-free numbers
  • Google Voice numbers
  • Voice over Internet Protocol (VoIP) numbers

Once enrolled, you may:

  • Authorize debits from your account to send money to another user.
  • Receive money from another user.

If you do not send or receive money through the Service for 18 consecutive months, we may contact you to verify ownership of your registered mobile phone number or email address.

If ownership cannot be verified, we may cancel your enrollment. You may re-enroll at any time if eligible.

A Zelle® logo may appear next to enrolled contact methods to help other users identify where to send money.

Consent to Emails and Automated Text Messages

By using the Service, you represent that you are the owner of, or are legally authorized to act on behalf of the owner of:

  • The enrolled email address
  • The enrolled mobile phone number
  • Any enrolled Zelle® tag
  • Any other enrolled identifier

You consent to receive emails, text messages, push notifications, and other communications regarding:

  • The Service
  • Transactions
  • Requests for money
  • Fraud prevention activities
  • Account-related notifications

You agree that we, Zelle®, and our service providers may use automated dialing systems and automated messaging technologies to contact you regarding the Service.

You acknowledge and agree that:

Fees

You are responsible for any fees charged by your wireless carrier, including messaging, data, and internet-access charges.

Updating Contact Information

You will promptly notify us if:

  • You discontinue use of an enrolled email address.
  • You discontinue use of an enrolled mobile phone number.
  • Your contact information changes.
Consent of Recipients

You represent that you have obtained any necessary consent before requesting that we or Zelle® send messages on your behalf to another person.

You understand that such messages may include your name.

Carrier Disclaimer

Your wireless carrier is not responsible for delayed or undelivered messages.

Text Message Opt-Out

To stop receiving text messages, send STOP to 20736.

For assistance, send HELP to 20736 or contact Customer Service at (888) 826-5459 or BankofthePacific@BillSupport.com.

You consent to receiving a confirmation message regarding your opt-out request.

Supported Carriers

For information regarding supported wireless carriers, please refer to the Text Banking FAQ.

Receiving Money; Money Transfers by Network Financial Institutions

Once another user initiates a transfer to your enrolled email address, mobile phone number, or Zelle® tag, you cannot stop the transfer.

By using the Service, you authorize us to initiate credit entries to the bank account you have enrolled.

Most transfers are completed within minutes. However, certain circumstances may delay payment processing, including:

  • Identity-verification requirements
  • Fraud-prevention reviews
  • Regulatory compliance requirements
  • System or network issues

To protect you, us, Zelle®, other Network Financial Institutions, and other users, we may delay or block transfers when necessary.

If a payment is delayed or blocked, we will notify you according to your communication preferences, such as email or push notification.

If you are receiving a payment from a business or government agency, delivery may also be subject to that sender’s payment procedures.

Neither we nor Zelle® control the actions of other users, Network Financial Institutions, or third parties that may delay or prevent transfers.

Sending Money; Debits by Network Financial Institutions

You may send money to another user either at your own initiative or in response to a request for payment.

Each transaction constitutes your authorization for us to initiate a debit from your designated account.

You understand that once a payment is sent, you generally cannot cancel, revoke, or stop the transaction.

You may cancel a payment only if the recipient has not yet enrolled in the Service using the email address, mobile phone number, or other identifier to which the payment was sent.

If the recipient is already enrolled with Zelle®, funds are generally deposited directly into the recipient’s account and cannot be canceled.

For this reason, you should send money only to individuals you know and trust.

Most transfers are completed within minutes; however, delays may occur because of:

  • Identity-verification requirements
  • Fraud-prevention reviews
  • Regulatory compliance reviews
  • Enrollment delays
  • Network processing issues

If a recipient has not enrolled in Zelle®, the recipient will receive instructions on how to enroll and claim the payment.

Neither we nor Zelle® are responsible if a recipient fails to enroll, ignores a notification, or otherwise does not complete the enrollment process.

We reserve the right to delay or block transactions when necessary to prevent fraud or comply with legal and regulatory obligations.

Liability

Neither we nor Zelle® are liable for:

  • Delays caused by circumstances beyond our control.
  • Errors resulting from information you provide.
  • Losses arising from actions of recipients, senders, or other Network Financial Institutions.
  • Typographical, keystroke, or data-entry errors made by you.

Consumer Protection Notice

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY MEMBERS, FRIENDS, AND OTHER INDIVIDUALS YOU TRUST. DO NOT USE ZELLE TO SEND MONEY TO PEOPLE YOU DO NOT KNOW OR TRUST.

Zelle® generally does not provide purchase protection for authorized payments. If you do not receive goods or services you expected to receive, you may not be eligible for reimbursement.

Certain qualifying imposter scams may be eligible for reimbursement. Contact us immediately if you believe you have been the victim of fraud.

Send Limits

Customers may initiate multiple transfers each day from an eligible Bank of the Pacific consumer checking account; however:

  • Individual transfers may not exceed $300.
  • Total daily transfers may not exceed $500.

Transfers exceeding these limits will be rejected.

Requests for limit increases may be submitted to the Consumer Services Department at (360) 537-4090, or through your local branch.

The Bank reserves the right to modify transfer limits based on account activity, misuse of the Service, fraud concerns, or risk-management considerations.

Requesting Money

You may request money from another user through the Service.

You acknowledge that recipients may decline, ignore, or partially fulfill a payment request.

Neither we nor Zelle® guarantee that you will receive any payment requested through the Service.

By using the Service to request money, you represent that you are not:

  • Engaged in debt-collection activities.
  • Collecting overdue or delinquent debts.
  • Seeking payment owed to another person.
  • Attempting to collect court-ordered obligations.

You agree to indemnify and hold harmless Zelle®, Network Financial Institutions, and their respective owners, directors, officers, employees, and agents from any claims arising from improper use of payment requests.

You agree to use payment requests only for legitimate and lawful purposes.

Neither we nor Zelle® review, verify, or validate payment requests and assume no responsibility for their accuracy or legality.

We reserve the right to limit or terminate your ability to send payment requests if we determine such requests are unlawful, abusive, offensive, or unwelcome.

Transaction Errors

Your Zelle® transaction history will appear in Online Banking and on your periodic account statements.

If you believe a transaction is incorrect or need additional information, contact us at:

Bank of the Pacific
300 E. Market St.
Aberdeen, WA 98520
(360) 500-4003

We must receive notice no later than 60 days after the first statement on which the error appears.

When reporting an error, please provide:

  1. Your name and account number.
  2. A description of the transaction in question.
  3. The reason you believe an error occurred.
  4. The amount involved.

Generally, we will complete our investigation within 10 business days after receiving notice.

Certain investigations involving new accounts, international transactions, or point-of-sale transactions may require additional time, as permitted by law.

If necessary, we may provisionally credit your account while the investigation is pending.

If we determine that an error occurred, we will promptly correct your account. If we determine that no error occurred, we will provide a written explanation of our findings.

You may request copies of documents used during the investigation.

Your Liability for Unauthorized Transfers

If you allow another person to use your Zelle® credentials, password, PIN, mobile device, or account access, you are responsible for transactions that person authorizes.

You should notify us immediately at (360) 500-4003 if:

  • Your password or PIN has been compromised.
  • You suspect unauthorized account activity.
  • You believe a transfer was made without authorization.

If you notify us within two business days after discovering unauthorized use, your liability generally is limited to $50.

Failure to notify us promptly may increase your liability, subject to applicable law and regulatory requirements.

We may extend notification periods when circumstances beyond your control, such as hospitalization or extended travel, prevent timely reporting.

Liability for Failure to Complete Transfers

If we fail to complete a transfer in the correct amount or according to this Agreement, we may be liable for losses or damages, subject to applicable law.

However, we will not be liable if:

  • Your account lacks sufficient funds.
  • The transfer would exceed an overdraft limit or available credit.
  • The Service, operating system, or software was not functioning properly and the issue was apparent at the time of the transaction.
  • Circumstances beyond our control prevent completion of the transfer.
  • You provide incomplete or inaccurate transfer information.
  • The recipient is not enrolled in the Service.

The examples above are illustrative only and do not represent every circumstance in which liability may be limited.

Fees

There are currently no fees for using the Zelle® Service.

However, you may incur:

  • Standard account fees.
  • Service charges.
  • Internet service provider fees.
  • Mobile carrier charges.
  • Other fees associated with your deposit account.

Use of Online Banking and Mobile Banking

Your use of the Service is also subject to the Bank’s Online Banking Terms and Conditions, which are incorporated into and made part of this Agreement by reference.

Cancellation of the Service

You may cancel your use of Zelle® at any time by notifying us by email, secure message, mail, or telephone.

Your cancellation request will not become effective until:

  1. We receive your notice.
  2. We have had a reasonable opportunity to process the request.

Termination or cancellation of the Service does not affect any transaction initiated before cancellation becomes effective.

You remain responsible for all transactions authorized before cancellation.

If a transfer credited to your funding account is later reversed for any reason, you agree that we may recover the amount of the reversed transfer, together with any applicable fees, from:

  • The funding account associated with the transfer; or
  • Any other account you maintain with us.

We may do so without prior notice to you, to the extent permitted by law.

Right to Terminate Access

We reserve the right to suspend or terminate your access to Zelle® immediately, with or without notice, if:

  • You violate this Agreement.
  • You violate the Online Banking Terms and Conditions.
  • Unauthorized or fraudulent activity is suspected.
  • Your use of the Service presents risk to the Bank, Zelle®, other Network Financial Institutions, or the financial system.

If access is later restored, the version of this Agreement then in effect will govern your continued use of the Service.

Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ZELLE® MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE.

WE AND ZELLE® DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING:

  • WARRANTIES OF MERCHANTABILITY;
  • WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE;
  • WARRANTIES OF TITLE;
  • WARRANTIES OF NON-INFRINGEMENT; AND
  • ANY OTHER EXPRESS, IMPLIED, STATUTORY, OR COMMON-LAW WARRANTY.

WE DO NOT WARRANT THAT THE SERVICE WILL BE:

  • UNINTERRUPTED;
  • TIMELY;
  • SECURE;
  • INVULNERABLE TO CYBERATTACK;
  • ERROR-FREE; OR
  • FREE OF DEFECTS.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, NOR ANY NETWORK FINANCIAL INSTITUTION SHALL BE LIABLE FOR:

  • Direct damages;
  • Incidental damages;
  • Consequential damages;
  • Special damages;
  • Exemplary damages; or
  • Other indirect damages

arising from:

  1. Any transaction conducted through the Service.
  2. Errors, omissions, or inaccuracies in the Service.
  3. Unauthorized access to or alteration of your transmissions or data.
  4. Any other matter relating to the Service.

THIS LIMITATION APPLIES EVEN IF WE OR ZELLE® HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SERVICE OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Where applicable law does not permit exclusion of incidental or consequential damages, liability shall be limited to the maximum extent permitted by law.

In no event shall liability exceed $100.

Indemnification

You agree to indemnify, defend, and hold harmless Zelle®, Network Financial Institutions, and their respective owners, directors, officers, employees, and agents from and against all claims, losses, expenses, damages, costs, and reasonable attorney fees arising from:

  • Your use or misuse of the Service.
  • Your inability to use the Service.
  • Your violation of this Agreement.
  • Your violation of applicable law.
  • Your negligence or misconduct.

Governing Law; Choice of Law; Severability

This Agreement is governed by and interpreted under:

  • The laws of the State of Washington; and
  • Applicable federal laws of the United States.

Any legal action arising from this Agreement must be filed in a court of competent jurisdiction serving Grays Harbor County, Washington, unless otherwise required by law.

The prevailing party in any action arising under this Agreement is entitled to recover reasonable attorney fees, court costs, and collection expenses.

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Miscellaneous

Subject to maintenance outages and circumstances beyond our reasonable control, the Service is generally available 24 hours a day, seven days a week.

Customer service is generally available Monday through Friday, excluding federal banking holidays.

Zelle® and all related marks are owned by Early Warning Services LLC and are used under license.

Agreement

By enrolling in or using the Service, you acknowledge that:

  • You have read this Agreement.
  • You understand this Agreement.
  • You agree to be bound by the terms and conditions of this Agreement.

 

Agree to Terms and Enroll