INTERNET BANKING AGREEMENT
BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT WILL APPLY TO AND GOVERN YOUR USE OF THE INTERNET BANKING SERVICES OFFERED BY PEOPLES BANK, AND THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, AND YOU WILL CREATE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND PEOPLES BANK. IF YOU HAVE QUESTIONS ABOUT THIS AGREEMENT, CONTACT PEOPLES BANK SUPPORT AT 270-692-6405.
1. What This Agreement Covers. This Agreement between you and Peoples Bank governs your use of Peoples Bank’s Internet Banking Services, defined as any electronic service provided by Peoples Bank that permits you to access financial services or account information through the use of a personal computer. Access will be provided through the Worldwide Web of the Internet. You are responsible for providing your own access to the Internet Service Provider of your choice. The terms and conditions of this Agreement are in addition to, and shall supplement, the terms conditions rules, and regulations that apply to any of your existing Peoples Bank accounts or services of Peoples Bank which you currently use.
2. Internet Banking Services. The Internet Banking Services enable you to review your current account information and to transfer funds between and among your accounts to the extent you identify your applicable accounts on your Internet Banking Services Applications.
3. Internet Banking Services, Transfers and Payments. When you instruct Peoples Bank to transfer funds between or among your Peoples Bank accounts through the Internet Banking Services, you authorize Peoples Bank to withdraw the necessary funds from Peoples Bank account you designate. As with any funds transfer request, whether or not utilizing Internet Banking Services, you agree that you will instruct Peoples Bank to make a withdrawal only when a sufficient balance is or will be available in your designated Peoples Bank account at the time of withdrawal. Peoples Bank will not be obligated to act on any withdrawal instruction from you if sufficient funds are not available in the account you designate.
4. Cost of the Internet Banking Services. There are currently no monthly service charges or transaction fees for the Internet Banking Services. However, you are responsible for all telephone charges you incur in connecting to the Internet Banking Services. You are also responsible for charges by any Internet Services Provider you use.
5. Changes in Terms. Peoples Bank may change the Internet Banking Services and the terms, including fees, set forth in this Agreement at any time. You will be notified of any such change as required by applicable law, either by mail or by an electronic message. You understand that, by using the Internet Banking Services after a change becomes effective and after you are notified of the change, you are agreeing to the change.
6. Cancellation. This agreement will remain in effect until it is terminated by you or Peoples Bank. You may cancel this agreement at any time by notifying Peoples Bank by mail to PO Box 850, Lebanon, KY 40033 attention Internet Banking Operations. Peoples Bank may cancel this agreement and terminate your use of the Internet Banking Service for any reason, at any time. Peoples Bank will use commercially reasonable measures to notify you in advance of any such termination, but Peoples Bank is not obligated to do so.
7. Security. In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. Peoples Bank reserves the right to block access to the Internet Banking Services to maintain or restore security to Peoples Bank systems if Peoples Bank reasonably believes your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s). You are liable and responsible for all Internet Banking Services transactions made using your means of identification, whether those transactions are made by you or any person you authorize, permit or enable to have your means of identification (even if the person exceeds your authority) or by any person who obtains through you, by whatever means, your means of identification. If you have given someone your means of identification and wish to terminate their authority, or if you know or believe that your means of identification otherwise is compromised, you must notify Peoples Bank so that Peoples Bank can take he necessary steps to change the means of identification. You agree to defend, hold harmless and indemnify Peoples Bank from and against any and all claims of any nature arising out of any such access by a person you have authorized, permitted or enabled to have access to your Peoples Bank accounts via Internet Banking Services.
8. Limit of Peoples Bank and Other Providers’ Responsibility. Peoples Bank agrees to make reasonable efforts to ensure full performance of the Internet Banking Services. Peoples Bank will be responsible for acting only on those instructions sent through the Internet Banking Service which are actually received and cannot assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send. Peoples Bank is not responsible for any losses or delays in transmission of instructions arising out of the use of any Internet Service Provider or caused by any browser software. Any information you receive from Peoples Bank can only be provided on a best-efforts basis for your convenience and is not guaranteed. Peoples Bank is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information. Peoples Bank is not responsible for any computer virus or related problems which may attribute to the Internet Banking Services or to any services provided by any Internet Services Provider. In the absence of negligence on the part of Peoples Bank, none of Peoples Bank, any of its affiliates or any of their respective officers, directors, employees or agents, is responsible for any direct, indirect, special, incidental or consequential damages arising in any way out of the use of the Internet Banking Services. Because some states do not allow the exclusion of limitation of liability of the foregoing entities and individuals is limited to the extent permitted by law.
PEOPLES BANK MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE INTERNET BANKING SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS, AND THEN ONLY TO THE EXTENT, DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
9. No Other Use. The Internet Banking Services give you access to services and information from Peoples Bank which may be presented with a distinctive “look and feel”. These services, information and “look and feel”, are the proprietary property of Peoples Bank. You may use the Internet Banking Services only for your personal use and may not reproduce, sell or distribute all or any portion of the information provided to you by the Internet Banking Services.
10. Severability. In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable.
11. Governing Law. The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws Kentucky, without regard to its conflicts of law provisions. Your existing account relationships shall continue to be governed by and in accordance with the laws of the state where the Peoples Bank branch at which you initially established your bank account is located or has been transferred by Peoples Bank or as otherwise specified in the applicable agreements between you and Peoples Bank. Any issue relating to an account or service with Peoples Bank which access through the Internet Banking Services shall be governed by the laws specified in the agreement for that account or service if there is a separate agreement for that account or service.
12. Assignment. Peoples Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with Peoples Bank or to any other party. You may not assign any of your rights or duties under this Agreement at any time.
13. Entire Agreement. This Agreement is the entire agreement between you and Peoples Bank regarding your use of the Internet Banking Services, and it supersedes any prior discussions and agreements between you and Peoples Bank regarding the Internet Banking Services delivered to you in writing, verbally or obtained at any Peoples Bank site or the site of any Internet service provider.
14. Interruptions in Services. Peoples Bank may on a regular basis perform maintenance on Peoples Bank equipment or systems which may result in interruption of the Internet Banking Services. Peoples Bank will not incur any liability to you as a result of any such interruptions.
15. Electronic Banking Disclosure.
This Electronic Banking Disclosure applies to Electronic Funds Transactions (EFT’s) and Internet Banking Services involving the accounts of a “consumer” (a natural person). If you are not a consumer, for example if you are a corporation, a limited liability company, or a partnership, then neither this disclosure nor the terms contained therein apply to you.
Electronic Funds Transactions (EFT’s) cover a growing range of methods for moving funds. The common link between all these methods is that they are all means of moving money between accounts and banks electronically, rather than using the physical movement of checks, drafts, negotiable orders of withdrawal or other similar paper instruments. EFT is currently defined as any transfer of funds that is started through an electronic terminal or magnetic tape for the purpose of ordering, instructing or authorizing us to debit or credit your account. The term includes, but is not limited to, Peoples Bank’s Internet Banking Services.
Chapter 167B of the Massachusetts General Laws was enacted to provide a means for financial institutions, business and consumers to conduct their business relations more conveniently. Transferring funds through the Internet Banking Services will supplement the use of checks, credit and cash, but will not replace these present methods of doing business. As a consumer, you should be aware of your rights if you choose to utilize the Internet Banking Services. We have made every effort to provide you this information in a clear and concise manner. If you have any questions, please do not hesitate to contact your Branch Manager or Internet Banking Operations Department.
Monday – Thursday 9:00 – 4:00
You may also find out information about your account by calling Peoples Bank On-call Telephone Banking System, which allows you to call our computer system via any touch-tone telephone. Depending on the type of account accessed, you may obtain information about your current and available balance; transaction inquiries or specific transactions either by dollar amount or paid check number and transfer between accounts. You may change your On-call PIN number from the prompt. During regular business hours, you can speak to one of our Customer Service Representatives who will be happy to assist you.
You may contact On-Call Banking at: 270-692-0871
Open: 365 days a year/24 hours a day
Please use this disclosure in conjunction with the appropriate account Rules and Regulations and Truth in Savings disclosures. Additional fees may apply to EFTs; please refer to our current service fee brochure for further information.
Finally, you may also find out information about your account through the Internet Banking Services.
Account: Any deposit account of yours at Peoples Bank. For transactions conducted using the Internet Banking Services, the term includes your Demand Deposit/Checking, NOW Checking, Savings and Money Market Accounts.
Personal Identification Number (PIN): A unique code which is selected and known only to the customer and must be used along with your Internet Banking ID to perform transactions through Internet Banking Services or used to access On-call Banking services.
Rules: Peoples Bank’s Rules and Regulations for its accounts, including those rules about the use of Internet Banking Services and Electronic Funds Transfer Services.
Transaction: Debits or credits on an Account, including withdrawals, deposits, transfers and purchases.
(c) General Information about Internet Banking Services.
The Internet Banking Services enable you to review your current account information and to transfer funds between and among your accounts, to the extent that you identify your applicable accounts on your Internet Banking Services Application, subject to any applicable statutory or regulatory limitations. The use on Internet Banking Services does not affect the applicable minimum balance requirements of, or rates of interest payable on, any Account.
(d) Questions about your Electronic Fund Transfer(s) and/or Error Resolution.
Contact your Branch Manager promptly if you have a question or problem with an EFT [see telephone number in section 15 (a)]. Examples of possible problems are: you think your statement is wrong; you need more information about a transaction listed on your statement; or you need more information about a transfer.
We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You need to provide us with the following information:
If you notify Peoples Bank orally or in person, we require you to send us the foregoing information in writing within ten (10) calendar days after that oral or in person notification. Failure to provide that in writing may result in you not receiving provisional credit during the investigation period.
Peoples Bank will inform you of the status of its investigation within ten (10) calendar days following the date you notified Peoples Bank. Peoples Bank will correct any error as promptly as possible; however, it may take up to forty-five (45) calendar days to complete the investigation. If more than ten (10) calendar days is needed to investigate, Peoples Bank will provide you with provisional credit so you may have use of the money.
Peoples Bank will correct any error within one business day after determining that an error occurred. If Peoples Bank decides that there was no error; Peoples Bank will send you a written explanation within three (3) business days after the completion of its investigation. Upon request, Peoples Bank will make the documentation used in its investigation available for your inspection or provide you with copies, for a reasonable fee, to cover duplication costs.
Peoples Bank’s record of your Account will be binding if there is a difference between Peoples Bank’s records and your assertion.
(e) Stop Payments.
If you have arranged for pre-authorized transfers or issued a check to a third-party from you Account, you can stop any of these payments by contacting your Branch Manager in time for us to receive your request three (3) business days or more before the payment is scheduled to be made or before the check is negotiated. A stop payment order remains in effect until the earliest of the following occurs: (1) a lapse of six (6) months from the date of the stop payment order; (2) payment of the debit entry has been stopped; or (3) you withdraw the stop payment order. We will charge you a fee for each stop payment order. Please refer to our Service Fees brochure for current fees.
The initiation by you of certain EFTs from you Account will, except as otherwise provided in this Agreement, effectively eliminate your ability to stop payment of the transfer. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF EFTS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES AND SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.
(f) Your Liability for Unauthorized Transfers and Advisability of Prompt Reporting.
Inform Peoples Bank AT ONCE if you believe there is any or the potential for any, fraud regarding your account. Telephoning is the best way to keep possible losses down. Contact Peoples Bank immediately if you believe that:
Your liability will not exceed $50.00 for any unauthorized transaction. You will have no liability unless the unauthorized transaction occurs before you notify Peoples Bank that an unauthorized fund transfer has occurred or may occur as a result of loss, theft or otherwise.
(g) Peoples Bank’s Liability for Failure to Make Transfers.
If Peoples Bank does not complete an electronic funds transfer to or from your Account on time or in the correct amount, according to this Agreement with you, Peoples Bank will be liable for proven losses or damages. However, there are some exceptions. Peoples Bank will NOT be liable, for instance:
(h) Disclosure of Account Information to Third Parties.
Peoples Bank will only disclose information to third parties about your account or the transfers you make:
If Peoples Bank discloses information to any person other than you or someone who is a party to the transaction beyond that which is necessary to affect the transfer or to prepare a statement, then it would be an unauthorized disclosure. Peoples Bank will send you a written notice within ten (10) business days after it becomes aware of any such unauthorized disclosure involving your account. The notice will include the following information:
We will not sell lists containing names, address or other information about consumers using the Internet Banking Services.
You may terminate any agreement authorizing transfers to or from your account by written notice to both, the person or company initiating the transfer and Peoples Bank. Only transfers, scheduled to occur after Peoples Bank receives your notification are affected. Your written notice must be received with enough time so that both Peoples Bank and the other person or company, have a reasonable opportunity to act on your request.
(j) Charges for Transfers or Right to Make Transfers.
As indicated in Section 5, there are currently no monthly service charges or transaction fees for the Internet Banking Services. There are other fees associated with your account or accounts, such as stop payment fees, insufficient funds fees and ATM transactions fees; please refer to our current Service Fee Brochure.
(k) Prohibition of Compulsory Use
No person may:
(m) Prohibited Means of Identification.
Your Social Security Number cannot be used as a primary identification number, although it can be used as a secondary means of identification.
(n) Right to Change the Terms of this Disclosure and/or Agreement.
We may amend this Disclosure and/or Agreement at any time. If we change any term(s) or condition(s) which would result in a greater cost or liability to you or decrease access to your account, we will notify you at least thirty (30) days in advance. We will mail a written notice covering the substance of the amendments to your address on record. The amendment will be in effect for transactions after its effective date, unless you notify us in writing before that date that you will not use the Internet Banking Services. Otherwise, you will agree to the amendment.
We may implement a change in the terms or conditions of an account without prior notice if it is necessary to maintain or restore the security of an EFT system or a consumer’s account.
(o) Governing Law: Conflict with Applicable Law.
The above provisions will be construed in accordance with the laws of the Commonwealth of Kentucky. In the event of any conflict between these provisions and any applicable federal law or regulations, these provisions shall be deemed modified only to the extent required to comply.
IF YOU WISH TO ESTABLISH INTERNET BANKING SERVICES WITH PEOPLES BANK AND IF ALL OF THE FOREGOING IS ACCEPTABLE TO YOU, YOU MAY PROCEED TO COMPLETION OF THE REQUIRED APPLICATION. HOWEVER, BY SUBMITTING AN INTERNET BANKING SERVICES APPLICATION TO PEOPLES BANK, YOU WILL BE ACKNOWLEDGING AND AGREEING THAT THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT WILL APPLY TO AND GOVERN YOUR USE OF THE INTERNET BANKING SERVICES. IF YOU WISH TO PROCEED WITH YOUR INTERNET BANKING APPLICATION, PLEASE INDICATE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT AND THAT YOU INTEND TO CREATE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND PEOPLES BANK BY SUBMITTING BELOW.