Effective August 1, 2021
This Online Banking Access Agreement and Disclosure (“Agreement”) describes your rights and obligations as a user of Peoples Security Bank and Trust Online Banking Service (“Service” or “Services”). It also describes the rights and obligations of Peoples Security Bank and Trust Company (“Financial Institution,” “Bank,” “We” or “Us”). Please read this Agreement carefully. By requesting and using any of the Services, you agree to comply with the terms and conditions of this Agreement. Access to, and use of, the Online Banking Service is subject to all applicable federal, state, and local laws and regulations. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the Services covered by this Agreement.
DESCRIPTION OF THE ONLINE BANKING SERVICE: “Online Banking Service” or “Service” refers generally to the service allowing an existing Bank customer to access and view eligible deposit and loan accounts, held with Peoples Security Bank and Trust Company, which are owned individually or jointly by the customer, from an internet-enabled device. The Online Banking Service may include browser or mobile application access to the ability to view transaction history, view account balances, view account transaction history, transfer funds between accounts, pay bills to payees, view alerts, make mobile deposits, obtain limited account information via SMS/text banking features and/or additional business features by separate agreement. This Agreement supplements, but does not replace, your Deposit Account Agreement(s). In the event of an inconsistency between the terms of the Deposit Account Agreement and this Agreement, this Agreement shall govern. Undefined terms herein shall have the meaning assigned to them in your Deposit Account Agreement, as applicable.
EXPLANATION OF CERTAIN TERMS: “Access Codes” include the customer identification number, log-in ID, password, secure access code and/or any other means of access to our Online Banking service we establish or provide for you. “Access Device” means a card, code, or other means of access to an account, to include a user name and Password, which may be used to initiate electronic funds transfers. “Account” means a deposit, loan or other account for which transactions may be performed using our Online Banking service. “Applicable Law” means, without limitation any Federal and State law (to the extent not considered to have been preempted by federal law) that applies to a party to this Agreement or the Services provided hereunder and the applicable rules and regulations promulgated by the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any money transfer system, network or clearing house used by the Bank in providing the Services. This includes, but is not limited to, as applicable, the sanctions, laws, regulations and orders administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control; the laws, regulations, and orders administered by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network, including the Bank Secrecy Act, the USA PATRIOT Act and the implementing regulations promulgated thereby, including regulations related to Know-Your-Customer and Customer Identification Programs; and to the extent applicable to business accounts, the Electronic Funds transfer Act and implementing regulations under Reg E; Articles 3, 4, and 4A of the Uniform Commercial Code; the Federal Trade Commission Act and all state acts governing fair business and trade practices applicable to the Bank or You; and the restrictions imposed under the unlawful Internet Gambling Enforcement Act of 2006. “Authorized Representative” refers to a person with authority (with respect to the account(s) for purposes of Online Banking Services Access). For Business or Organization entities, this includes anyone we reasonably believe, in accordance with our Security Procedures, is authorized to act on your behalf in connection with our Online Banking Service(s). “Bill Payment” is the online service that enables the scheduling of bill payments using an Internet-Enabled device with Online Banking Services access; “Business” means any person or entity other than a consumer. “Business account” means an account that is not a consumer account. This may be referred to also as an “Organization” and can encompass businesses, municipalities, school districts, estates, trusts, and any other non-consumer entities; "Consumer account” means an account established primarily for personal, family, or household use. “Commercial” or “Corporate” with reference to the Service refers to a non-consumer customer utilizing online banking services in a manner consistent with larger size, complexity, and risk as compared to small business use. “Device” means your Internet-enabled device that enables you, with an Internet browser or application, and ISP or Cellular network, to access your online account. You will need a device with an internet connection and the ability to support industry standard encryption levels. “Eligible Account” includes accounts held at Peoples Security Bank and Trust Company which may be accessed through the Online Services. “Internet-enabled” means to be able to connect to the internet, or be used on the internet. In reference to your accounts, when you obtain our service that allows you to obtain information and perform transactions we make available for your qualifying accounts through our online banking service by use of an internet-enabled device, your account(s) are considered Internet-enabled. “ISP” refers to your Internet Service Provider; “Mobile Banking Service” refers to any services and accounts accessible via a mobile device. (Not all accounts or services are accessible via a mobile device.) “Mobile Device” means a cell phone, smartphone, tablet, or any other handheld or wearable communication device that complies with the necessary hardware and software requirements of the Online Services. “Online Account” means the account(s) from which you will conduct transactions using a Service. You must have an open account with Financial Institution to use Online Banking. Additionally, you must have a Financial Institution checking account to utilize the bill payment service. “Online Banking” is the Internet-based service providing access to your Financial Institution account(s) and the services provided under this Agreement which allow you to access information about your Internet-enabled accounts, transfer funds between qualifying accounts, and perform other transactions and obtain other services that we authorize or allow, based on customer classification of Consumer, Small Business, Commercial, etc., and based on account type(s). “Online” means through the Internet by use of a personal computer or other screen-based electronic device. “Password” is the system generated code, or the customer generated code selected by you for use during the initial log in, or the codes you selected after the initial log in, that establishes your connection to the Service; “Secure Access Code”, also referred to as Secure Token, is the automatically generated Multi-Factor code assigned to you for authenticating your login, and some transactions, through the Online Banking Service. This code is available via text, email, or phone as designated by your Settings>Security Preferences>Secure Delivery in the Online Banking Service; “Small Business” with reference to the Service, refers to a non-consumer customer utilizing Online Banking Services in a manner consistent with smaller size, complexity, and risk as compared to Commercial or Corporate use. “Time of Day” references are to Eastern Standard Time (EST) and/or Eastern Daylight Time (EDT), as observed in Scranton, Pennsylvania, United States of America; “User ID” is the Financial Institution generated code assigned to you for your connection to the Service; “We”, “us”, “our”, or “Financial Institution” means Peoples Security Bank and Trust Company; “You” or “your” refers to the individual person, an owner of the account, or the authorized representative of a business entity or organization that we permit to use the Online Banking Services subject to the terms of this Agreement.
BUSINESS DAYS: Our Online Banking Service is generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Federal Reserve Bank Holidays are not business days.
HOW TO USE OUR ONLINE BANKING SERVICE: Please refer to the Help in the Main Menu on how to use our Online Banking Service and the various features available within the Service. Posted instructional and security information, which will govern the appropriate and secure use of the Service, is hereby incorporated into this Agreement.
ENROLLMENT AND SERVICES INCLUDED: To use the Online Banking Service, you must have one or more open account(s) at the Bank. To enroll for the Online Banking Service, an application can be completed at any one of our Community Offices or you may enroll online. During the online enrollment process, you will enter the information required to authenticate your identity. During this enrollment process, you will be provided with your Online Banking Service Access Code(s) that you must use each time you access the Service. Access to the Online Banking Service will be gained through the use of your internet-enabled device, your internet service provider (ISP), and your Access Codes. Use of Mobile Banking Services requires a web-enabled Mobile Device and Text/SMS Services require a Mobile Device that has SMS capability. Generally the Service provides the same functionality whether it is accessed via a browser or app, limitations apply to text/SMS banking services. The text-enabled cellular phone service (“SMS Texting”) is limited to making a balance inquiry, viewing transaction history on the account, and internal funds transfers. Text messages are sent to you without being encrypted; thus, you assume all the risk associated with third party interception. Standard messaging rates from your cellular carrier may apply. The Service allows you to transfer money between your accounts. You will receive a confirmation when the transaction is completed. Frequency and amount limitations of transfers are set forth in this Agreement. If you have signed up for our Online Banking Bill Pay Service, the Service allows you to pay bills to payees. A confirmation message and number will be displayed after the bill payment is complete. The payees must be set up through the Online Banking Service. If you have alerts on your account, you may review the alerts with the Service. From time to time, we may develop additional online banking services. As such services are developed, you will have the opportunity to add them to your Online Banking Service, provided you have compatible hardware and software and agree to any additional terms, conditions, or fees, as applicable.
QUALIFYING ACCOUNTS AND ACCOUNT AUTHORITY: In most cases, you may use the Service to gain access to deposit accounts in which you have an unrestricted right to withdraw funds, and to loan accounts to which you have ownership interest and direct obligation. You must be a named owner on the account in our records for an account to qualify. You agree to provide us with any authority we require before we permit access to any qualifying account. However, we may determine at any time, and from time to time in our sole discretion, to deny account access, restrict account transactions, or place limits on the specific dollar amount of funds that may be withdrawn or transferred from any account. You will have access to a minimum of approximately twelve (12) months’ worth of transactional history. You may export and save your account history onto your own computer, as we do not save, store, or have access to transactional data in electronic format beyond this twelve (12) month period and will have no obligation to provide such data to you electronically. By accessing and/or transacting on any account(s) within the Online Banking Service, you hereby represent and warrant that you have full right, authority, and power to execute, deliver, and perform this Agreement.
LINKED ACCOUNTS: At your request, you may link your Financial Institution accounts so that they all appear together underneath one log in and password, and so that you can move funds between them. We will require signatures of all account holders on the accounts to be linked together on a specially designated form. Your request to have the accounts linked will be processed after we receive the form and verify all signatures. If we cannot verify the validity of the signatures, we will not honor your request until such time as identity can be verified. We are not responsible for lost or misplaced forms. This authorization may be revoked at any time by us or any of the account holders. We may require this revocation in writing.
ACCESS TO SERVICES AND SERVICE AVAILABILITY: We will use reasonable efforts to make the Service available for your use on a continuous basis. You will gain access to your online accounts through the use of your Internet-enabled device, your ISP, or cellular network, and your Access Codes. You may access your account 24 hours a day, 7 days a week. However, the availability of the Service may be suspended for brief periods of time for the purposes of maintenance, updates, software revisions, scheduled outages, and unplanned outages. Accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular, or other communications availability. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control. We will endeavor to have our scheduled maintenance occur during non-peak hours. We are not responsible for any delays or difficulties you may have in accessing the Service or certain features. We do not promise the Service will always be available for your use. We may elect to discontinue the Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service. We may also limit access from countries other than the United States of America. For purposes of transactions, the Financial Institution’s business days are defined within this Agreement. Bill Payments are processed on business days as defined in the Agreement. Funds Transfers are processed on all business days that the Federal Reserve is open for business. All Online Banking transaction requests initiated or requested and received at or after 9:00 PM EST on business days, and all transactions that are requested on Non-Business Days, will be processed on the Financial Institution’s next business day. The Financial Institution’s business day begins at 9:00 AM EST.
TRANSACTIONS WITH ONLINE BANKING: In addition to viewing account information, you may use Online Banking to conduct the transfer of funds. You may make one-time transfers or schedule future or recurring transfers such as transfers to make loan payments. You may transfer funds among your eligible deposit accounts. For Savings Accounts and Money Market Accounts, you are limited to six (6) preauthorized electronic fund transfers per statement period. Each fund transfer through the Online Banking Service from your savings or money market deposit account is counted as one of the six (6) transfers permitted each statement period. However, payments to your loan accounts with us are not counted toward this transfer limit for savings/money market deposit accounts.
LIMITS ON ONLINE FUNDS TRANSFERS: You must have enough available money or credit in any account from which you instruct us to make a transfer. For security reasons, we may implement limits on the number or amount of transactions you can make using our Online Banking Service. We also reserve the right to limit or suspend access to our Online Banking Service as we deem necessary for security reasons. We may also limit access transfers and transactions to or from countries other than the United States of America. If any qualifying accounts are money market deposit accounts or savings deposit accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited as set forth within this Agreement.
TIMING OF FUNDS TRANSFERS: We can process an Internal Funds Transfer until 9:00 PM EST on a Business Day. If you initiate a Transfer after the cutoff time, the Transfer will be reflected in your account and available for your use at the time the Transfer is initiated, but it will be processed the following Business Day. You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permissible by the Applicable Law and the terms of any other relevant agreements.
We can process an External Funds Transfer until cutoff at 4:00 PM EST on a Business Day, whether by prior agreement or initiated that day by you. When you initiate an External Transfer, any incoming funds will not be reflected in your account and will not be available for your use at the time the Transfer is initiated. Incoming funds for transfers will be made available on the Business Day after we receive the deposit, in accordance with Regulation CC. You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permissible by the Applicable Law and the terms of any other relevant agreements. Transfers are not final at the time we receive your instructions, but we will begin to process them promptly. You should allow at least one (1) business day for us to process transfers. Each transfer you make on a non-business day, or after our Online Banking cut-off time on any business day, will be considered made on the following business day. Information you obtain about your accounts using our Online Banking Service may not reflect transactions that have not yet been posted to your accounts. You should take this into account when you perform or attempt to perform any transactions on the basis of such information. Transfers and Payments from your Account initiated via the Online Banking Service will be deducted on the day you initiate them. If the day you initiate a Transfer or Payment falls on a non-Business Day, we will process your transaction the next Business Day. We may refuse to act on your Transfer instructions or Payment request if sufficient funds, including funds available under any overdraft protection plan, are not available in your Account on the date you want us to make the Transfer or Payment and/or the date you schedule the payment.
OUR LIABILITY FOR FAILURE TO COMPLETE TRANSFERS OR TRANSACTIONS FROM CONSUMER ACCOUNTS: If we do not complete a transfer or Transaction from a consumer account, which is an account established primarily for personal, family, or household purposes (as defined by Regulation E), 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 exceptions. We will NOT be liable, for example: 1. If, through no fault of ours, you do not have enough available money in the account from which a transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a transfer because of insufficient funds.
2. If any transfer would result in exceeding the credit limit of any account.
3. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
4. The Service is not working properly and you were aware, or could reasonably deemed to have been aware through such means as a posted notification on our website or within the Online Service or system error notifications, of the malfunction when you initiated the transaction.
5. If you have not given us complete, correct, or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.
6. If you do not properly follow our instructions or instructional materials provided in connection with online banking services
7. If you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
8. If you do not instruct us soon enough for your transfer to be received and credited.
9. You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date;
10. You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions that may be stored on your Personal Computer or Device or the host system have been lost;
11. A Payee mishandles or delays the handling of Payments sent by us;
12. You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account;
13. If the money in the account from which a transfer is to be made is subject to legal process or other claim restricting the transaction or your funds are held or frozen, or a court order or other legal process prevents us from making a transaction;
14. Your Access Codes have been reported lost or stolen;
15. We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal;
16. Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or
17. If circumstances or persons beyond our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that we have taken.
There may be other exceptions to liability stated in this Agreement, or in other agreements we have with you, or otherwise provided by Applicable Law.
STOPPING, CHANGING, AND CANCELLING TRANSFERS OR PAYMENTS: If you want to stop or change transfers you have instructed us to make, you must notify us before we have started processing the transaction. This applies to both individual transactions as well as preauthorized recurring transactions. The normal way to do this is for you to access the appropriate function in our Online Banking Service no later than the day before the business day the transfer is scheduled to be made, and either delete it or make the change. If you call or write using the contact information within this Agreement, you must do this in time for us to receive your request three (3) business days or more before the transfer is scheduled to be made. If you call, we may also require you to put your request in writing on paper and get it to us within fourteen (14) days after you call. If you order us to stop a preauthorized recurring transfer from a consumer account as described above, and we do not do so, we will be liable for your losses or damages. You may cancel a pending Transfer or Payment transaction. However, to do so, you must use the Online Banking Service and we must receive your instruction to cancel prior to the cutoff time on the Business Day the transaction is scheduled to be processed, which, in most cases, is the Business Day prior to the scheduled date of the transaction. If we don’t receive your instruction to cancel a transaction before that time, we may process the transaction and shall not be liable to you or any third party for any harm suffered as a result.
TRANSFERS INVOLVING INSUFFICIENT FUNDS: If there are insufficient funds in your Account to make a Transfer or Payment (including available credit under any overdraft line), we may refuse to make the Transfer or Payment or we may make the Transfer or Payment and overdraw your Account. In either event, you are responsible for any non-sufficient funds charges that may apply. We may refuse to make the transfer even if there are sufficient funds in accounts other than the one you were using to make the transfer. If we complete a transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction in the account from which the transfer is made, you agree that we may reverse the transaction or offset the shortage with funds from any other account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any transfers you make or authorize. If we do not make a transfer, or if we reverse a transfer, because of insufficient funds, we are not required to make any further attempt to process the transfer or to notify you that the transfer has not been completed. You may be liable for a non-sufficient funds fee under the terms governing the account from which you made, or attempted to make, the transfer.
ELECTRONIC FUNDS TRANSFER PROVISIONS FOR CONSUMERS: A. Applicability These provisions are only applicable to online electronic fund transfers ( “EFTs”) that credit or debit a consumer’s checking, savings or other asset account and are subject to the Federal Reserve Board’s Regulation E. When applicable, the Financial Institution may rely on any exception to these provisions which are contained in Regulation E. All terms that are not defined in this Agreement, but which are defined in Regulation E, shall have the same meaning when used in this section. B. Your Liability The following determines your liability for any unauthorized EFT or any series of related or unauthorized EFTs: 1. If you notify the Financial Institution within two (2) business days after your password was lost or stolen, your liability will not exceed $50.00 or the amount of the unauthorized EFT that occurred before notification, whichever is less 2. If you fail to notify the Financial Institution within two (2) business days after your password was lost or stolen, your liability will not exceed the lesser of $500.00 or the total of: 1. $50.00 or the amount of unauthorized EFTs that occur within the two (2) business days; and
2. The total of unauthorized EFTs occurring after two (2) business days and before notification to the Financial Institution, provided the Financial Institution establishes that these EFTs would not have occurred had the Financial Institution been notified within that two-day period.
3. You must report an unauthorized EFT that appears on your periodic statement, no later than 60 days of transmittal of the statement to avoid liability for subsequent transfers. Your liability will not exceed the amount of the unauthorized EFTs that occurred within the sixty (60) day period. You may also be liable for the amounts as described in sections 1 and 2 above. Failure to notify the Financial Institution may mean that you do not get your money back, provided that we can prove that we could have stopped someone from taking the money had you told us in time. 4. If the report is made orally, we will require that you send the complaint or question in writing within ten (10) business days. We will notify you with the results of the investigation within ten (10) business days and will correct any error promptly. If more time is needed, however, we may take up to forty-five (45) days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) business days, we may not credit your account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are twenty (20) business days, instead of ten (10), and ninety (90) calendar days, instead of forty-five (45). If we determine that no error occurred, we will send you a written explanation within three (3) business days after the investigation is complete. You may request copies of the documents that were used in the investigation. 5. You may notify us by telephone, in writing, or by email using the secure email form provided within our Online Banking Service. Notification by a general, unsecure email to report an unauthorized transaction is not a secure communication, and therefore, not advised. C. Error Resolution Telephone Numbers and Addresses In case of errors or questions regarding an Online Banking or Bill Payment Transaction, call 888-868-3858, or write us at: Peoples Security Bank and Trust Company, C/O Digital Operations, 82 Franklin Avenue, Hallstead, PA, 18822, or use the “Messages” secure message form from the main menu found within the Online Banking Service. 1. We must hear from you at the telephone number(s), mailing address, or secure email listed above no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need: 1. Your name and account number;
2. A description of the error(s) or the transfer(s) you are unsure about, and explain as clearly as you can why you believe it is an error or need more information; and
3. The dollar amount(s) of the suspected error(s) and date(s) on which it occurred.
2. If the suspected error relates to a bill payment made via the Online Banking Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, confirmation number, and the payee account number for the payment in question. (This information appears on a screen in the Online Banking Service.) If you verbally provide this information, we may require that you send us your complaint or question in writing within ten (10) business days.
BILL PAYMENT SERVICES FOR CONSUMER AND SMALL BUSINESS: If you have signed up for our Online Bill Payment Service, you can use this Service to initiate one-time immediate bill payments, which will be processed during the next bill pay processing time. Payees and bill payment schedules may be set up using the Online Bill Payment service through Online Banking. The Bank reserves the right to decline to make Payments to certain persons and entities. You agree that any Payment for taxes, Payments that are court-ordered, government payments, and Payments outside of the United States are prohibited, and you agree that you will not attempt to use the Service to make these types of Payments. Please refer to your Online Banking user guide for more information on Bill Payment procedures.
Payments are posted against your ledger balance, plus the available credit on your overdraft protection, if any, or other line of credit.
For all Payments, you agree to allow at least seven (7) Business Days for a Check Payment, and at least two (2) Business Days for an Electronic Payment between the date you initiate a Payment and the Payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you fail to allow the prescribed number of days, you will be fully responsible for all late fees, finance charges, or other actions taken by the Payee. If you initiate your Payment and follow all instructions provided, and the Payment is not received by the Payee in a timely manner, a representative of the Bank will work with the Payee on your behalf to have any late fees or charges reversed.
When you initiate a Bill Payment that will be made by check, you authorize us to issue a check drawn on your qualified designated checking account for the requested amount. If sufficient funds are not available in your designated account when the check is presented for payment, we may refuse to honor the check and return it unpaid. At our sole discretion, we may elect to pay the check regardless of the insufficient funds. In either event, your qualified designated account will be charged our then current fee for processing insufficient items, whether the check is paid or returned, as applicable. You are responsible for any loss or penalty that you may incur due to a lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your account.
If a Payment is to be made electronically and your Account does not have sufficient funds to make a Payment as of the date the Payment is attempted to be made, the Payment will attempt to be paid until sufficient funds are in the account to satisfy the Payment or until the number of attempts is exceeded. Bank shall have no obligation or liability if it does not complete a Transaction because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the Payment or rescheduling the Payment through the Service.
Recurring Payments and Transactions are processed and reoccur using the dates and frequency selected when scheduling. One-time Payments do not reoccur, are not made until you enter the Payee and amount of the current bill and submit the Payment. A stop payment cannot be placed on an Electronic Bill Payment transaction once issued and the Payment cannot be cancelled. However, a stop payment can be placed on a Bill Payment transaction by Bill Payment check any time prior to the check being presented for final payment, subject to the completion of a Stop Payment Request.
In the event a Payment is returned to us for any reason, you authorize us, in our sole and absolute discretion, to research and correct the Payment information or to void the Payment and re-credit your Account.
Upon completion of a Transfer or Payment, a confirmation message will be displayed on your screen confirming that the transaction has been completed. You should record the Payee information (if applicable), the date of the Transfer or Payment, and the amount of the Transfer or Payment, in your checkbook/transaction register or other permanent record. This procedure will help in resolving any problems that may occur. No printed receipts are issued through the Service.
Your use of the Service is subject to the following limitations:
1. DOLLAR AMOUNT. There may be a limit on the dollar amount of the transactions you can make using the Service. Security reasons limit the dollar amount of transactions, and these limits are subject to change from time to time. Payment can only be made with U.S. currency.
2. FREQUENCY. In addition to the Federal banking regulations that restrict the number of transfers and withdrawals, there may be limits on the number of transactions you can make using the Service. These limits are for security reasons and are subject to change.
3. FOREIGN TRANSACTIONS. No Payments may be made to Payees outside the United States. Additional limitations may be contained in this Agreement. Your ability to initiate transactions may also be limited by the terms of other agreements you have with the Bank or by Applicable Law.
MOBILE DEPOSIT SERVICE: The Mobile Deposit Service allows you to make a deposit directly into your eligible checking or savings account using the PSBT Mobile app. The Mobile Deposit Service allows you to submit photos of the front and back of your endorsed, eligible check, which you authorize us to then process. We set limits on the amount you can deposit via our Mobile Deposit Service, which will be shown for each Eligible Account. Mobile deposit limits may differ for each Eligible Account. You must comply with any restrictions or dollar limits on the Mobile Deposit Service as we may communicate to you from time to time. You can deposit checks payable in U.S. dollars and drawn at any U.S. bank, including personal, business, and most government checks. Only checks, money orders, cashier's checks, or American Express traveler's checks, drawn on or payable at or through a U.S. bank, can be transmitted through the Mobile Deposit Service. Checks must be payable to, and endorsed by, the account owner for the Eligible Account before check photos are taken. Before check photos are taken, the back of the check must be signed with "For Mobile Deposit at Peoples Security Bank and Trust Company Only" and must be written below your signature. When available, check the box that reads: "Check here if mobile deposit". Securely store your check for seven (7) days after your deposit, and then destroy it. This allows sufficient time in case the original check is required for any reason. You are prohibited from duplicate scanning, negotiating, and/or depositing the same original paper checks. You must also ensure that the checks have not been altered, and that the photos sent via the Mobile Deposit Service are an accurate depiction of the front and back of the original check to be deposited. You are responsible for any numerical errors on deposit data entry. Subject to the conditions for eligibility, checks are deemed accepted for deposit on the Business Day that we process the check, as long as the check is deposited prior to the cut-off time, 4:00 PM EST. From time-to-time we may need to hold some or all of the deposit. If a hold is applied at the time of deposit to any portion of your deposit, you'll receive notification from us, including when funds will be available, prior to submitting your deposit and you can cancel your deposit at that time. Note that there could be other holds on funds after a deposit. In such case, you will receive notification from us. Please see your deposit account agreement for further information.
NOTICES AND COMMUNICATIONS: Except as otherwise provided in this Agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through electronic means. All notices and communications sent by you to us will be effective when we have received them and have had a reasonable time to act on them. You agree to notify us promptly of any change in your mailing address, e-mail address, or telephone number.
ELECTRONIC MAIL (EMAIL): In order to provide electronic disclosures, we must maintain a current email address for you at all times. It is your sole responsibility to provide us with your correct and true contact information, including your email address. You should immediately notify Financial Institution of any changes to your personal contact information. If you send us an email message, we will be deemed to have received it on the following business day. You should not rely on email if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur. NOTE: Email transmissions outside of the online banking Service are not secure, unless otherwise noted. We advise you not to send us or ask for sensitive information such as account numbers, passwords, account information, or similar financial or personal information via any general or public email system. If you wish to contact us electronically and securely, please use the “Messages” secure message form from the main menu found within the Online Banking Service.
STATEMENTS: You will continue to receive your account statement either monthly or quarterly (depending on the type of account) in paper format, unless you opt-in to receive electronic statements by separate agreement through the Online Banking Service. Please note that some Financial Institution accounts may require you to receive your statement in electronic format.
ONLINE BANKING SERVICE FEES: The Financial Institution offers the benefits and convenience of Online Banking and Bill Payment Services free of charge for consumer and small business customers. Mobile device access, sms/text services, and mobile deposit services are also offered free of charge for consumer and small business customers. For Commercial or large organization customers, use of the standard Online Banking Services as well as other online business services, to include mobile deposit services by separate agreement(s), have their own fee schedule which is provided at the time of enrollment in those services. Please refer to the Financial Institution’s fee schedule regarding other possible fees. This fee schedule is subject to change at Bank’s discretion; you will receive notice of such fees or changes, as required by law. Other fees for services performed through the Service, including but not limited to, stop payments, are subject to the fees disclosed in your Deposit Account Agreement(s). .
SECURITY AND PROTECTING YOUR PERSONAL INFORMATION: To use our Online Banking Service, you must use the access codes we establish or provide for you. Keep them confidential to prevent unauthorized use or loss to your accounts. Anyone to whom you give your access codes will have full access to your accounts even if you attempt to limit that person’s authority. Additionally, that person will have full access to any other of your accounts which are accessed by those access codes, even if those accounts are in your name with another person. Any person having access to your Access Codes will be able to access these Services and perform all transactions, including reviewing Account information and using the Bill Pay Services to include, but not limited to, adding new payees. You, or someone you have authorized by giving them your access codes, even if that person exceeds your authority, can instruct us to perform a transfer of funds between qualifying accounts; obtain information that we make available about qualifying accounts; and obtain other services, or perform other transactions that we allow within the Online Banking Service. PROVIDING THESE ACCESS CODES TO ANOTHER PERSON EFFECTIVELY CONSTITUTES A GRANT OF AUTHORITY TO ACCESS YOUR ACCOUNTS UNDER FEDERAL RESERVE BOARD REGULATION E (“REG E”). You are responsible for keeping your password and online account information confidential. No one at Peoples Security Bank and Trust Company has access to this information. None of our employees or employees of our affiliates will contact you via phone or e-mail requesting your access codes. If you are contacted by anyone requesting this information, or if your access codes to the online banking Services have been lost or stolen, please contact us immediately using the contact information shown in this Agreement. As additional protection against fraud, you should adhere to the following guidelines: Do not give out your account information, password, or User ID; Do not leave your PC or internet enabled device unattended, especially while you are on the online banking site or while the online banking app is open; Never leave your account information within range of others; Do not send privileged account information (account number, password, etc.) by email; use secure messaging through the online banking Service when possible, and limit account number information that you send to the last four digits; Use caution when utilizing public computers and free or public wi-fi, such as hotel devices and services, as these may contain spyware or key logging software; If you suspect your online banking credentials have been compromised, use the password change feature within the Settings>Security Preferences section(s) of the Service to change your password. In addition to protecting your access codes, you should also take precautions to protect your personal identification information, such as your driver’s license, Social Security number, or tax identification number. This information, by itself or together with account information, may allow unauthorized access to your accounts. You should treat personal information with the same level of care that you would for your account information. You should also protect and secure all information and data stored in any personal computer, other equipment, or devices you use to access our Online Banking Service.
SECURITY PROCEDURES: By entering into this Agreement and using our Online Banking Service to perform transactions from business accounts, you agree to comply with all of our present and future security procedures with respect to transactions and services covered by this Agreement. This includes, but is not limited to, protection of access codes and other personal and/or business information. Our security procedures are contained in this Agreement and in other written procedures we may provide to you. Information on recommended Security Procedures for Online Banking Services can be located on our website, and these procedures, as amended from time to time, are hereby incorporated into this Agreement. You acknowledge receiving a copy in writing of our current security procedures in this Agreement and other documents we may provide or make available to you. You agree that our current security procedures are commercially reasonable under Applicable Law for and for the purposes applicable to the Online Banking Services. We may at any time change, modify, amend, supplement, or cancel any or all our security procedures. We may advise you of such changes to the extent they affect your use of transactions and services under this Agreement, but failure to do so will not affect your obligations or our rights. we may make any change in Security Procedures without advance notice to you if we, in our judgment and discretion, believe such change to be necessary or desirable to protect the security of our systems and assets. You agree to give all of our security procedures the highest level of confidentiality and to ensure that no access codes are used by or accessible to anyone other than persons you have authorized. You authorize us to follow any and all instructions entered and transactions initiated through the Online Banking Service unless and until you have notified us, according to notification procedures prescribed by us, that the Security Procedures or any Access Codes have been stolen, compromised, or otherwise become known to persons other than you or your representative(s) and until we have had a reasonable opportunity to act upon such notice. You agree that the initiation of a transaction using the Access Codes constitutes sufficient authorization for Bank to execute such transaction notwithstanding any particular signature requirements identified on any signature card or other documents relating to your deposit account maintained with Bank, and you agree and intend that the submission of transactions and instructions using the Online Banking Service shall be considered the same as your written signature in authorizing us to execute such transaction(s). You acknowledge and agree that you shall be bound by any and all transactions initiated through the use of the Service, whether authorized or unauthorized, and by any and all transactions and activity otherwise initiated by you, to the fullest extent allowed by law. Notwithstanding any security procedure which may from time to time be in effect for detecting errors in transactions covered by this Agreement, we have no duty to discover or report to you any such errors. Neither shall we be liable to you for the failure of such security procedure to detect such errors, regardless of the manner in which we apply such security procedures. Your implementation and use of any Online Banking Services after any change in Security Procedures shall constitute your agreement to the change and your agreement that the applicable Security Procedures, as changed, are commercially reasonable and adequate for the purposes intended.
PHYSICAL AND ELECTRONIC SECURITY: The hardware and software that you use in connection with the Service may be subject to unauthorized tracking or other manipulation by spyware or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your hardware and software is at your own risk. We will use commercially reasonable efforts to secure the Service to prevent access by unauthorized persons and to prevent the introduction of any malicious code, such as a computer virus. However, no security system is failsafe, and despite our efforts the security of the Service could be compromised or malicious code could be introduced by third parties. We will provide you with notice if your information is the subject of a security breach as required by Applicable Law. You acknowledge and agree that it is your responsibility to protect yourself and to be vigilant against e-mail and/or text messaging fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” or “pharming”). You acknowledge that the Bank will never contact you by e-mail or text message in order to ask for or to verify Account numbers, Security Devices, or any sensitive or confidential information. The Bank may however provide links to websites in e-mails or text messages transmitted to you. In the event you receive an e-mail, text message, or other electronic communication that you believe, or have reason to believe, is fraudulent, you agree that you shall not respond to the communication, provide any information to the sender of the communication, click on any links in the communication, or otherwise comply with any instructions in the communication. To the extent allowed by law, you agree that the Bank is not responsible for any losses, injuries, or harm incurred by you as a result of any electronic, e-mail, text message or internet fraud.
COMMUNICATIONS LINK AND YOUR EQUIPMENT: It is your responsibility to obtain and maintain your online communications link to our Online Banking Service to ensure that your use of such communications link is in compliance with applicable requirements, including any requirements of telecommunications companies and authorities. You are responsible for obtaining, installing, maintaining and operating all hardware, software, and Internet access services necessary for obtaining our Online Banking Service. You are solely responsible for the maintenance, installation, and operation of your device(s). Peoples Security Bank and Trust Company shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your Device or software. You should keep all of your Internet-enabled device(s) updated, to include home or business networks, and routinely scan your Device(s) using a reliable virus detection product. Financial Institution shall not be responsible for any malware that affects your Device or software while using the Service.
DISCLOSURE OF INFORMATION: We will only disclose information to third parties about your account or transfers you make under the following circumstances: Where it is necessary for the provision of Online Banking and for completing transfers; to verify the existence and condition of your account for a third party, such as a credit reporting agency or merchant; to comply with government or court orders, or other reporting requirements; When you give us your permission; To affiliated companies/entities of the Bank; When necessary to assist us in the collection of information for internal use; When necessary for security purposes of our service providers, our servicing agents, and/or contractors providing our Online Banking and electronic funds transfer Service; In situations involving a claim by or against us concerning a transaction on your account.
THE FOLLOWING SPECIAL PROVISIONS APPLY ONLY TO BUSINESS ENTITIES OR INDIVIDUALS PERFORMING TRANSACTIONS FROM BUSINESS ACCOUNTS:
AUTHORIZED REPRESENTATIVE IF YOU ARE A BUSINESS ENTITY: If you are a corporation, partnership, limited liability company, association, or some other form of business or non-consumer entity, we will issue one set of Access Codes to an Authorized Representative. It is your responsibility to ensure that access codes are provided only to persons you authorize. You represent to us that each Authorized Representative, and anyone else using any of your Access Codes has general authority from your Business to give us instructions to perform transactions using our Online Banking Service and may perform those transactions for any and all of the account(s) accessible by the assigned Access Codes, even if those accounts may be owned by other legal entities associated with your business or organization structure(s). Each person using your Access Codes may have the ability to, at a minimum: Make transfers from qualifying accounts, regardless of the dollar amount of the transaction; Make transfers regardless of whether he/she is otherwise an authorized signer or an obligor on any accounts that are accessed; Obtain information that we make available about qualifying accounts; Obtain other services or perform other transactions that we authorize or allow; Allow anyone else to use those access codes to make transfers or obtain information or other services.
BUSINESS ACCOUNTS: Any authorized user of your Business is authorized on such terms, conditions, and agreements as we may require to: Enter into this Agreement as amended from time to time; Access each account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and Use any Online Banking Service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.
YOUR LIABILITY FOR TRANSACTIONS FROM BUSINESS ACCOUNTS: You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you or an Authorized Representative has given someone your Access Codes and want to terminate that person’s authority, you must notify us that transactions by such a person are no longer authorized. You can terminate granted Access Codes yourself. You may contact us in the manner specified in this Agreement for assistance with terminating an authorized user or Authorized Representative. We may have to change your access Codes or take additional steps to prevent further access by such person. Our system supporting our Online Banking Service is designed so that it may be operated only upon entry of valid access codes. Since we condition access upon entry of valid Access Codes, we will accept instructions for transfers or other transactions from any person using valid Access Codes. This is so even if the person obtaining access: Is not an Authorized Representative. Exceeds your authority or that granted by any Authorized Representative. Does not have your authority. Has had his/her authority changed or revoked. Is an imposter or thief. You agree to be bound by all transactions from any account for which valid Access Codes were used. You authorize us to treat any instructions we receive using valid Access Codes as if the instructions had been made in writing and signed by the appropriate Authorized Representative. Unless there is substantial evidence to the contrary, our records will be conclusive regarding any access to, or action taken through, our Online Banking Service. Notwithstanding the foregoing, we agree that you will not be responsible for transactions which occur after you have notified us to block the Access Codes that were used to perform the transaction, and we have had a reasonable opportunity to do so Notify us immediately of any unauthorized or suspicious activity. You agree to promptly examine all account statements and any confirmations of transfers which we or other financial Institutions may send or make available to you, and to promptly notify us of any discrepancy or error within thirty (30) days of receipt of any such statement or confirmation. You may call or write the Digital Operations Department at: Phone: 888-868-3858
Email: firstname.lastname@example.org Peoples Security Bank and Trust Company C/O Digital Operations 82 Franklin Avenue Hallstead, PA 18822
LIMITATIONS ON OUR LIABILITY IN CONNECTION WITH BUSINESS ACCOUNTS: We will make every reasonable effort to provide full performance of our Online Banking System, and on a timely basis to resolve disputes that may arise. We will only be responsible for acting on instructions that we actually receive. We cannot assume responsibility for any malfunctions or capacity reductions or other problems in your equipment or in public communications networks not under our control that may affect the accuracy or timeliness of transactions you perform. Our only liability is to correct errors within our control. We are not responsible or liable to you for any loss, damage or injury caused by our Online Banking System. Neither will we be liable for any consequential, incidental, special, indirect or punitive loss or damage, including but not limited to dishonor of checks or other items or expenses which you may incur or suffer by reason of this Agreement or the services we provide, whether or not the possibility or likelihood of such loss, damage, or expense is known to us. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. EXCEPT AS SET FORTH HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WITH RESPECT TO THE SERVICES OR THE DOCUMENTATION, EQUIPMENT, APPLICATIONS, OR SYSTEMS MADE AVAILABLE TO YOU, INCLUDING, WITHOUT LIMITATION, THAT THE OPERATION OF ANY SERVICE WILL BE ERROR-FREE OR THAT ITS OPERATION WILL BE UNINTERRUPTED AND THE BANK HEREBY DISCLAIMS ALL LIABILITY THERETO. WE FURTHER EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, INFRINGEMENT OR OTHER IMPLIED CONTRACTUAL WARRANTY, AND YOU HEREBY AGREE AND ACKNOWLEDGE THAT NEITHER WE NOR ANY THIRD PARTY PROVIDER OF THE SERVICES OR ANY SYSTEM OR APPLICATION SHALL HAVE ANY LIABILITY WHATSOEVER EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
OTHER SERVICES: We may provide you other services through our on-line banking platform which are not covered under this Agreement. These services will have a separate agreement with specific terms and conditions.
SECURITY PROCEDURES: By entering into this Agreement and using our Online Banking Service to perform transactions from business accounts, you agree to comply with all of our present and future security procedures with respect to transactions and services covered by this Agreement. This includes, but is not limited to, protection of access codes and other personal and business information. Our security procedures are contained in this Agreement and in other written procedures we may provide to you, including those for additional services which may require their own agreement(s). You acknowledge receiving a copy in writing of our current security procedures in this Agreement and other documents we may provide to you. You agree that our current security procedures are commercially reasonable in the context of your business operations. We may at any time change our security procedures. We may advise you of such changes to the extent they affect your use of transactions and services under this Agreement, but failure to do so will not affect your obligations or our rights. You agree to give all of our security procedures the highest level of confidentiality and to ensure that no access codes are used by or accessible to anyone other than persons you have authorized. Notwithstanding any security procedure which may from time to time be in effect for detecting errors in transactions covered by this Agreement, we have no duty to discover or report to you any such errors. Neither shall we be liable to you for the failure of such security procedure to detect such errors, regardless of the manner in which we apply such security procedures. Separate from the security procedures, we may, in our discretion, use additional procedures to help identify, analyze, and/or address suspicious behavior. Notwithstanding , the Bank’s failure to use such additional procedures shall not be evidence of any failure to exercise reasonable care or good faith, or evidence of any failure of the Bank to implement reasonable security procedures. We are not responsible for a refusal to act upon any instruction received by us or our agents that does not comply with this Agreement, including, without limitation, where our reasonable efforts to verify instructions in accordance with the security procedures have failed or where action is delayed until such verification can be obtained.
INDEMNIFICATION: If you are a Business entity or an individual performing transactions from a business account, you agree to indemnify us and hold us harmless from and against any and all claims, demands, expenses (including but not limited to reasonable attorney fees and costs), losses or damages claimed by any third parties (including but not limited to any Authorized Representatives or other persons authorized to perform transactions) arising out of (i) any transactions or attempted transactions covered by this Agreement from a Business account or (ii) your breach of this Agreement. The Bank’s Rights to Indemnification under this Agreement are in addition to, and not a substitute for, any other rights of indemnification that the Bank may have under other account and/or service agreements entered into by and between you and the Bank in connection with your business account(s).
END OF SPECIAL PROVISIONS THAT APPLY ONLY TO BUSINESS ENTITIES OR INDIVIDUALS PERFORMING TRANSACTIONS FROM BUSINESS ACCOUNTS
CHANGING TERMS, TERM, AND TERMINATION: This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions. This Agreement will be in effect from the date your registration is submitted by you and accepted by Bank and at all times while you are using the Online Banking Service.This Agreement will stay in effect until it is changed or terminated. All applicable provisions of this Agreement shall survive termination by either you or Bank. We have the right to terminate this Agreement at any time. We will ordinarily send you notice of any termination, but we are not required to do so unless Applicable Law requires such notice. You are not permitted to alter or amend this Agreement or any related document without our express written consent. Any attempt to do so will be void and unenforceable. Once we terminate this Agreement, no further or pending transfers or transactions will be made, including but not limited to any transfers or transactions scheduled in advance or any preauthorized recurring transfers or transactions. We also have the right to make changes in this Agreement at any time. We will comply with any notice requirements under Applicable Law for such changes. If Applicable Law does not specify any notice requirements for the change, we will decide what kind of notice (if any) we will give you and the method of providing any such notice. You may terminate this Agreement at any time by notifying us in writing. However any instructions from you to make transfers will continue in effect until we have received your written notice of termination and have had a reasonable opportunity to act upon it. Once we have acted upon your notice, no further or pending transfers or transactions will be made, including but not limited to any transfers or transactions scheduled in advance or any preauthorized recurring transfers or transactions. A. Termination for Cause We may immediately terminate your online banking privileges (including the Bill Payment Service) without notice to you under the following circumstances: You do not pay any fee required by this Agreement when due; You do not comply with any provision of this Agreement; You do not comply with the Agreement governing your deposit or loan accounts or your accounts are not maintained in good standing; We have reason to believe that you or your Authorized Representative(s) have engaged in fraudulent or illegal activity; We determine, in our sole discretion, that it is impractical or illegal to continue to provide any Services because of changes in laws, rules, or regulations to which We are subject; We are directed to terminate or suspend this Agreement, the Services, or your Account(s) by a federal or state governmental authority with supervisory jurisdiction over the Bank or its Holding Company; or We, in good faith, believe that termination or suspension of this Agreement, the Services, or your Account is necessary to preserve the security of the Bank. We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason. At any time, we may cancel all or part of the Services that we generally offer under this Agreement. Access to our Service may be canceled in whole or part without prior notice due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason, or if your account is considered inactive, the Services may be terminated by us. You will remain responsible for all transactions approved by the system prior to the cancellation, and for any other fees associated with the Service. After cancellation, Service may be reinstated once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate Service, you must contact our Digital Operations Department. B. Termination for Convenience To terminate this Agreement, you must notify the Financial Institution and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Your final charge (if any) for any part of the Online Banking Service will be assessed at the end of your statement cycle. You may notify the Financial Institution by one of the following methods: By sending an email to: OnlineServices@psbt.com ;or By calling us at 888-868-3858; or By writing a letter. The letter may be sent to the following address: Peoples Security Bank and Trust Company, C/O Digital Operations, 82 Franklin Avenue, Hallstead, PA, 18822, or may be given to a Customer Service Representative at any of the Financial Institution’s locations. C. Inactive Status we may terminate your access to the Services due to inactivity, at any time. We will try to notify you in advance of any termination, but are not required to do so. We also may terminate access upon proper notification of death. If your account is considered inactive, you must contact us to have the Service activated before you will be able to login and/or schedule any transaction through the Service.
YOUR RESPONSIBILITIES: PROVIDING TRUE AND ACCURATE INFORMATION UPON REGISTRATION. You agree to provide true, accurate, current, and complete information about yourself as requested in registering for the Service, and you agree to not misrepresent your identity. NO ILLEGAL USE OF THE ONLINE BANKING SERVICE. You agree not to use the Service to conduct any Business or activity or solicit the performance of any activity that is prohibited by law or any contractual provision by which you are bound with any person. You agree to comply with all Applicable Laws, rules, and regulations in connection with the Service. You certify that you are 18 years of age or older and/or otherwise able to lawfully to enter into contracts under Applicable Law. PROMPT NOTIFICATION OF THEFT OF ACCESS CODES/DEVICES. You agree to notify us in a timely manner in the event you lose your Access Codes, or have information that your Access Codes may have been stolen or compromised. You also agree to notify us in a timely manner if any Access Device issued to you by the Bank for your secure access of the Online Banking Service is lost, stolen, compromised, or destroyed. NAMING OF ACCOUNTS. You agree not to use any personally-identifiable information when providing shortcuts or creating nicknames to your Accounts. DUTY TO INSPECT. You shall inspect all transaction history, reports, journals, and other material evidencing the output of the service(s) performed by Bank. You must report all errors to the Bank for services performed and indicated in the transaction history, reports, journals, and other material evidencing the output of the service(s) or otherwise reported to you daily by the close of business on the banking day following the day on which the Service(s) is rendered. You must report all other errors within a reasonable time not to exceed sixty (60) days from the date that the error is made. Failure of you to promptly report errors within such specified time shall preclude you from asserting against the Bank any claims arising from the error or any loss caused by the error. COSTS OF LEGAL ACTION. You agree to pay all attorneys’ fees, costs and expenses Bank may incur in collecting any sums you owe to Bank for overdrafts, service charges or otherwise in enforcing any rights Bank may have under the terms of this Agreement or Applicable Law, rule or regulation applicable to your account(s) or the Services rendered by Bank under this Agreement. You also agree to pay all attorneys’ fees, costs and expenses that Bank may incur as the result of defending any claim or action made against Bank by you, or on your behalf where Bank is found not to be liable for such claim. In no event shall Bank be liable to you for attorneys’ fees incurred by you in any action brought by you against Bank.
YOUR LIABILITY FOR AUTHORIZED TRANSACTIONS: You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you have given someone your Access Codes and want to terminate that person’s authority, you must notify us that transactions by such a person are no longer authorized. We may have to change your Access Codes or take additional steps to prevent further access by such person. Notify us IMMEDIATELY for Unauthorized Transactions or if you believe your Access Codes have been lost, stolen or otherwise compromised or used without your authorization. Quickly telephoning us is the best way of reducing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit). If we provide you with another electronic means of notifying us for this specific purpose, you may use that means. However, DO NOT use a general e-mail service or other electronic means that we have not specifically authorized for this purpose.
OUR LIABILITY: Bank agrees to use ordinary care in rendering Services under this Agreement. You recognize and agree that ordinary care does not mean error free. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment Service account. Unless otherwise required by Applicable Law, we are only responsible for performing the Online Banking and Bill Payment Services as delineated in this Agreement. Our sole responsibility for an error in a transfer or transaction will be to correct the error. We will be liable for the amount of any material losses or damages incurred by you if they are incurred directly as a result from our gross negligence. We will NOT be liable to you in the following instances: • We will not be liable under this Agreement for failure to provide access or for interruptions in access to our Services due to a system failure or due to other unforeseen acts or circumstances.
• If, through no fault of the Financial Institution, you do not have enough money in your account to make a transfer or complete a transaction.
• If any transfer or transaction not completed because (i) it is not in accordance with any condition indicated by you and agreed to by the Bank; (ii) the Bank has reason to believe the transfer or transaction may not be authorized by you; (iii) it would violate any provision of any present or future risk control program of the Federal Reserve or any current or future rule or regulation of any other federal or state regulatory authority; (iv) it is not in accordance with any other requirement stated in this Agreement or any Bank policy, procedure or practice; or, (v) not completing the transfer or transaction is for the protection of the Bank or you and/or the Bank has reasonable cause not to honor the request.
• If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer despite reasonable precautions that we have taken.
• If there is a hold on your account, or if access to your account is blocked, in accordance with Financial Institution and Online Banking policy.
• If your account has been closed.
• If your funds are subject to hold, dispute, or legal process, or other encumbrances, restricting the transfer, restricting the transaction, or preventing their withdrawal
• If your transfer authorization terminates by operation of law.
• If you believe someone has accessed your accounts without your permission and you fail to notify the Financial Institution immediately.
• If you have not properly followed the instructions on how to make a transfer included in this Agreement.
• If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
• If we have reasonable basis for believing that unauthorized use of your password or account has occurred or may be occurring
• If you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
• If the bill payment or transfer would go over the credit limit on your overdraft line of credit, or if the overdraft line of credit has been closed.
• If your computer, software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer or bill payment.
• We will not be responsible for any errors or failures from any malfunction of your personal computer or device or any malicious software or other problems related to the personal computer or device used with our Services. We are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your internet browser, your internet service provider, your personal financial management or other software, or any equipment you may use to access or communicate with the Service.
• If you had knowledge of or questions about the possible malfunction of our system when you initiated the transaction.
• It can be shown that the merchant or payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of the Financial Institution and/or service providers.
• Other Applicable Laws and/or regulations exempt us from liability.
Bank makes no representation or warranty, either express or implied, to you as to any personal computer or device hardware, software, or equipment used in connection with the Service (including, without limitation, your personal computer or device or related equipment, your software, or your internet service provider or its equipment), or as to the suitability or compatibility of bank’s software, internet delivered service, equipment or communication interfaces with those that you use, or as to whether any software or internet delivered service will perform in an uninterrupted manner, including (but not limited to) any warranty of merchantability or fitness for a particular purpose. With your acceptance and use of the Service, you agree that we shall not be liable to you or any third party for any indirect, incidental, special, or consequential costs, expenses, or damages (including lost savings or profit, lost data, business interruption, or attorney’s fees) resulting from or arising out of this Agreement or resulting from any errors or failures from any malfunction of your computer or any virus or computer problems that you may encounter related to the use of the Service.
CHANGES AND MODIFICATIONS: We may modify the terms and conditions applicable to the Services or the scope of the Services from time to time. In addition, we may, from time to time, perform maintenance upon the Services, and/or related applications, resulting in interrupted service, or errors in the Services, or rendering prior versions of the Service obsolete. We reserve the right to limit access to our more recent versions and updates. We may send any notice to you via email and you will have to be deemed to have received it the first business day after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by Applicable Law. If the changes have an adverse effect on you or the Services offered, we will provide you at least 30 days prior notice. Amendments or changes in terms or conditions may be made without prior notice if they do not result in higher fees, more restrictive Service use, disclosure of additional account information to necessary third parties, or increased liability to you. Also, if a change in terms or conditions is necessary to maintain or restore the security of our system(s) or your account(s), no advance notice is required. Upon notification of any change in terms, if you do not agree with the change(s) you must notify us to cancel your access to the Service. Your continued use of the Service constitutes your agreement to the amendment(s). We reserve the right to terminate this Agreement and your use of the Service in whole or in part at any time without prior notice. New Online Banking Services may be introduced from time to time. The Financial Institution reserves the right to modify/enhance services offered at its sole discretion at any time; we will notify you of any material changes. In most cases, you will receive the notice online the next time you log in; however the Financial Institution reserves the right to notify you by e-mail, conventional mail, statement inserts, or newsletters; in its discretion. By using these Services when they become available, you agree to be bound by the rules of such Services, which will be made available to you.
ASSIGNMENT: We may assign this Agreement to an affiliate of the Financial Institution or any successor in interest in the event of a merger, reorganization, change of control, acquisition, or sale of all or substantially all assets of the business to which this Agreement is related without the other party’s prior written consent. You may not assign this Agreement. You agree that we may tape record any telephone conversations you have with us regarding the Services covered by this Agreement. However, we are not obligated to do so and may choose not to in our sole discretion.
GOVERNING LAW; JURISDICTION AND VENUE: Regardless of where you live or work or where you access our Online Banking Service, this Agreement is governed by the laws of the Commonwealth of Pennsylvania and applicable federal law. If any of the terms of this Agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with Applicable Law. In the event a dispute arises either directly or indirectly, under this Agreement, and we become involved in legal action to defend or enforce this Agreement with you, you agree to pay our reasonable attorney fees and court costs if we prevail in the action, to the extent not prohibited by law. By entering into this Agreement, You hereby (i) consent to the jurisdiction of the courts of the Commonwealth of Pennsylvania and the federal courts of the United States of America located in the Commonwealth of Pennsylvania with respect to all disputes arising under this Agreement and (ii) waive any argument that such venue is inconvenient or any objection to the jurisdiction of such courts.
MISCELLANEOUS PROVISIONS: 1. HEADINGS. The headings and captions contained in this Agreement are included only for convenience of reference and do not define, limit, explain, or modify this Agreement or its interpretation, construction, or meaning.
2. SEVERABILITY. The holding of any provision of this Agreement as invalid, illegal, or unenforceable, in whole or in part, shall not affect the other provisions of this Agreement, which shall otherwise remain in full force and effect.
3. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the successors, heirs, trustees, and permitted assigns of the parties hereto.
4. ENTIRE AGREEMENT. This Agreement, together with your Account Agreement and any addenda, supplements, or amendments thereto provided by the Bank, constitutes the entire agreement between the parties hereto concerning the subject matter hereof. All contemporaneous agreements or understandings concerning the subject matter hereof, whether oral or written, are merged into this Agreement.
5. RELATIONSHIP OF PARTIES. This Agreement does not establish or create a general agency, joint venture, partnership, or employment relationship between you and the Bank. Nothing contained in this Agreement shall be deemed to create fiduciary status on the part of the Bank in connection with the Bank’s provision of the Services.
LEGAL PROCESS: If the Bank is served with a subpoena, warrant, order, or other request from a federal, state, or local governmental authority, court, or tribunal for information or records concerning this Agreement, the Services, or you or your Authorized Representative, or with a levy or garnishment of the Account(s), the Bank will follow (and may rely on absolutely) the advice of its legal counsel as to the appropriate response to such subpoena, warrant, request, levy, order, or garnishment, and shall have no liability or responsibility whatsoever to you for doing so even if such advice shall turn out to have been mistaken. You hereby acknowledge that the Bank’s current policy (which is subject to change based on advice of legal counsel) is to comply with any such subpoena, warrant, request, levy, order, or garnishment, as concerns information, records, or funds. If you are served with a subpoena, warrant, order, or other request from a federal, state, or local governmental authority, court, or tribunal for information or records concerning this Agreement, the Services, or the Bank, you will provide the Bank with prompt written notice so that we may seek a protective order or other appropriate remedy or waive compliance with the provisions of this Agreement. If, in the absence of a protective order or other remedy or the Bank’s waiver, you are nonetheless legally compelled to disclose such requested information, you may, without liability hereunder, disclose only that portion of such information that your legal counsel advises you are legally required to disclose, provided that you shall use your best efforts to preserve the confidentiality of any information protected by this Agreement or your Account Agreement, including, without limitation, by cooperating with the Bank to obtain an appropriate protective order or other reliable assurance of confidential treatment by the federal, state, or local governmental authority, court, or tribunal.
WAIVER: No waiver by the Bank (whether or not in writing) of any term, condition, or obligation of this Agreement shall bind the Bank to waive the same term, condition, or obligation again, nor shall any other provision, condition, term, or obligation be affected by such waiver.
FORCE MAJEURE: The Bank shall not be responsible for any liability, loss, or damage resulting from Bank's failure to perform any Service or to perform any other obligations under this Agreement which is caused by an act of God, fire, floods, adverse weather or atmospheric conditions or other catastrophes; war, sabotage, riots, acts of public enemy, or acts of governmental authority or the Board of Governors of the Federal Reserve; labor difficulties; equipment or computer failure or destruction or the unavailability, interruption, or malfunction of communications facilities or utilities; delays or failure to act by you or third parties and their personnel; criminal acts; or generally any cause reasonably beyond the Bank's control.
PROPRIETARY RIGHTS: Other than your materials and account information, all content received on the Online Banking Service is the exclusive property of Peoples Security Bank and Trust Company and/or its licensors and is protected by copyrights or other intellectual property rights.
SIGNATURES: Your physical signature, electronic consent, or use of our Online Banking Service is your agreement to all of the provisions of this Agreement (to the extent applicable as provided in this Agreement) and also serves as your acknowledgement that you have received a copy of this Agreement in paper form, or if you have provided a separate electronic consent, in electronic form. If you are offered or provided an electronic copy of this Agreement but would like to have a paper copy, please contact us by calling or writing, as specified by the contact information below.
CONTACT INFORMATION/HOURS OF OPERATION: In case of questions about the Service or your electronic transactions, contact the Bank’s customer service at:
Peoples Security Bank and Trust Company
C/O Digital Operations
82 Franklin Avenue
Hallstead, PA 18822
Our representatives are available to assist you between the hours of 7:00 a.m. to 9:00 p.m. EST, Monday through Friday and Saturdays between the hours of 8:00 a.m. to 5:00 p.m. EST, except holidays.