Online Banking Terms and Conditions
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 EXCHANGE 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 EXCHANGE BANK. IF YOU HAVE QUESTIONS ABOUT THIS AGREEMENT, CONTACT SUPPORT AT 800-364-3631.
1. What This Agreement Covers. This Agreement between you and Peoples Exchange Bank governs your use of Peoples Exchange Bank’s Internet Banking Services, defined as any electronic service provided by Peoples Exchange 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 through 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 Exchange Bank accounts or services of Peoples Exchange 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 Application.
3. Internet Banking Services, Transfers and Payments. When you instruct Peoples Exchange Bank to transfer funds between or among your Peoples Exchange Bank accounts through the Internet Banking Services, you authorize Peoples Exchange Bank to withdraw the necessary funds from Peoples Exchange Bank account you designate. As with any funds transfer request, whether or not utilizing Internet Banking Services, you agree that you will instruct Peoples Exchange Bank to make a withdrawal only when a sufficient balance is or will be available in your designated Peoples Exchange Bank account at the time of withdrawal. Peoples Exchange Bank will not be obligated to act on any withdrawal instruction from you if sufficient funds, including overdraft lines of credit 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 Service Provider you use.
5. Changes in Terms. Peoples Exchange 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 Exchange Bank. You may cancel this Agreement at any time by notifying Peoples Exchange Bank by mail to P.O. Box 4040, Winchester KY 40392, Attention: Operations. Peoples Exchange Bank may cancel this Agreement and terminate your use of the Internet Banking Services for any reason, at any time. Peoples Exchange Bank will use commercially reasonable measures to notify you in advance of any such termination, but Peoples Exchange 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 Exchange Bank reserves the right to block access to the Internet Banking Services to maintain or restore security to Peoples Exchange Bank systems if Peoples Exchange 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 Exchange Bank so that Peoples Exchange Bank can take the necessary steps to change the means of identification. You agree to defend, hold harmless and indemnify Peoples Exchange 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 Exchange Bank accounts via the Internet Banking Services.
8. Limit of Peoples Exchange Bank and Other Providers’ Responsibility. Peoples Exchange Bank agrees to make reasonable efforts to ensure full performance of the Internet Banking Services. Peoples Exchange Bank will be responsible for acting only on those instruction sent through the Internet Banking Services 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 Exchange 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 Exchange Bank can only be provided on a best-efforts basis for your convenience and is not guaranteed. Peoples Exchange 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 Exchange Bank is not responsible for any computer virus or related problems which may be attributable 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 Exchange Bank, none of Peoples Exchange 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 for consequential or incidental damages, in such states the liability of the foregoing entities and individuals is limited to the extent permitted by law.
PEOPLES EXCHANGE 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 Exchange Bank which may be presented with a distinctive ‘look and feel". These services, information and "look and feel" are the proprietary property of Peoples Exchange 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 of the Kentucky, without regard to its conflicts of law provisions. Your existing account relationships shall continue to be governed by and construed in accordance with the laws of the state where the Peoples Exchange Bank branch at which you initially established your bank account is located or has been transferred by Peoples Exchange Bank or as otherwise specified in the applicable agreements between you and Peoples Exchange Bank. Any issue relating to an account or service with Peoples Exchange Bank which you 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 Exchange Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with Peoples Exchange 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 Exchange Bank regarding your use of the Internet Banking Services, and it supersedes any prior discussions and agreements between you and Peoples Exchange Bank regarding the Internet Banking Services and supersedes any marketing or other similar material pertaining to the Internet Banking Services delivered to you in writing, verbally or obtained at any Peoples Exchange Bank site or the site of any Internet service provider.
14. Interruptions in Services. Peoples Exchange Bank may on a regular basis perform maintenance on Peoples Exchange Bank equipment or systems which may result in interruption of the Internet Banking Services. Peoples Exchange Bank will not incur any liability to you as a result of any such interruptions.
15. Electronic Banking Disclosure.
(a) Introduction.
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 ("EFTs") 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 Exchange Bank's Internet Banking Services.
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.
Peoples Exchange Bank contact:
Address:
P.O. Box 4040
Winchester KY 40392
Hours:
Monday-Friday 8:00 a.m. to 5:00 p.m.
(holidays excluded)
Telephone:
800-364-3631
Fax:
859-744-2380
You may also find out information about your account by calling Peoples Exchange Bank's 24-hour, automated account information 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; current and payoff balances on loans; transaction inquiries including the last ten transactions (which will include paid checks, deposits, ATM transactions, EFT debits, etc.) or a specific transaction either by dollar amount, paid check number/electronic means; transfer between accounts; and learn the interest paid and earned on your account. You may change your PeopleTalk 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 our PeopleTalk at:
Telephone:
877-838-7474
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.
(b) Definitions.
Account: Any deposit account of yours at Peoples Exchange Bank. For transactions conducted using the Internet Banking Services, the term includes your Demand Deposit/Checking, NOW Checking, Statement 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 PeopleTalk services.
Rules: Peoples Exchange 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 of 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:
* Your name, address, daytime telephone number and account number;
* Description of the suspected error or problem with a clear explanation about why you believe it is an error, problem or why you need more information; and
* The dollar amount of the suspected error or problem.
If you notify Peoples Exchange 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 writing may result in your not receiving provisional credit during the investigation period.
Peoples Exchange Bank will inform you of the status of its investigation within ten (10) calendar days following the date you notified Peoples Exchange Bank. Peoples Exchange 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 Exchange Bank will provide you with provisional credit so you may have use of the money.
Peoples Exchange Bank will correct any error within one business day after determining that an error occurred. If Peoples Exchange Bank decides that there was no error; Peoples Exchange Bank will send you a written explanation within three (3) business days after the completion of its investigation. Upon request, Peoples Exchange 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 Exchange Bank's record of your Account will be binding if there is a difference between Peoples Exchange Bank's record and your assertion.
(e) Stop Payments.
If you have arranged for pre-authorized transfers or issued a check to a third-party from your 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 your 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 Exchange 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 Exchange Bank immediately if you believe that:
* Your means of identification (as further described in Section 7) is lost or stolen.
* Your PIN and ID is known to someone other than yourself;
* You believe someone has transferred or may transfer money from your Account without your permission;
* Your statement shows transfers that you did not make.
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 Exchange Bank that an unauthorized fund transfer has occurred or may occur as a result of loss, theft or otherwise.
(g) Peoples Exchange Bank's Liability for Failure to Make Transfers.
If Peoples Exchange 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 Exchange Bank will be liable for proven losses or damages. However, there are some exceptions. Peoples Exchange Bank will NOT be liable, for instance:
* If, through no fault of Peoples Exchange Bank's, you do not have enough money in your Account to make the transfer;
* If the funds in your Account are subject to legal process or other encumbrance restricting such EFT;
* If the transfer would go over your credit limit;
* If Peoples Exchange Bank's internal computer system was not working properly and you knew about the breakdown when you started the transfer, or, in the case of a pre-authorized transfer, at the time such transfer would have occurred;
* If the system failure was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error;
* If circumstances beyond Peoples Exchange Bank's control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; or
* If the delay causes you no losses or damages which you can prove in court.
(h) Disclosure of Account Information to Third Parties.
Peoples Exchange Bank will only disclose information to third parties about your Account or the transfers you make:
* When it is necessary for completing the transaction;
* In order to verify the existence and condition of your Account for a third party, such as a credit bureau or consumer reporting agency;
* In order to comply with a government agency, court orders, lawful subpoena or to a person authorized by law to our records in the course of such person's official duties;
* To any attorney or collection agent of Peoples Exchange Bank;
* To an employee or other auditor of Peoples Exchange Bank solely for the purpose of an official audit or accounting or to any other person for the purpose of servicing the Account relationship, including preparation of the periodic statement of Account, but only to the extent actually necessary;
* To Peoples Exchange Bank employees for the purpose of pursuing or disposing of a dispute or claim involving an Account;
* If you give Peoples Exchange Bank written permission, provided such authorization does not remain in effect longer than forty-five (45) days.
If Peoples Exchange Bank discloses information to any person other than you or someone who is a party to the transaction beyond that which is necessary to effect the transfer or to prepare a statement, then it would be an unauthorized disclosure. Peoples Exchange 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:
* The nature of the information disclosed;
* The name of the person to whom the information was disclosed; and
* The authorization, if any for the disclosure.
We will not sell lists containing names, address or other information about consumers using the Internet Banking Services.
Affiliates. Peoples Exchange Bank Affiliates (defined as related by common ownership or affiliated by common control) may share experience information and additional information as long as it is clearly and conspicuously disclosed. You have the right to direct that information regarding you and your Accounts not be shared.
(i) Termination.
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 Exchange Bank. Only transfers, scheduled to occur, after Peoples Exchange Bank receives your notification are affected. Your written notice must be received with enough time so that both Peoples Exchange 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, uncollected funds fees and ATM transactions fees; please refer to our current Service Fee Brochure.
(k) Prohibition of Compulsory Use.
No person may:
* Require you to use a pre-authorized electronic funds transfer as a condition for the extension of credit;
* Require you either to accept a transfer service or to establish an Account which is accessed electronically as conditions of employment or receipt of governmental benefit; or
* Require you to pay electronically for the purchase of goods or services.
(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.
Alerts. Your enrollment in Peoples Exchange Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Peoples Exchange Bank account(s). Alerts are provided within the following categories:
• Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
• Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
• Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Manage Alerts menu within Peoples Exchange Bank Online Banking and Manage Alerts menu within Peoples Exchange Bank Mobile Banking.
Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Peoples Exchange Bank reserves the right to terminate its Alerts service at any time without prior notice to you.
Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Peoples Exchange Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message. To stop Alerts via text message, text "STOP" to 99588 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Peoples Exchange Bank Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 800-364-3631. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Limitations. Peoples Exchange Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Peoples Exchange Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Peoples Exchange Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
IF YOU WISH TO ESTABLISH INTERNET BANKING SERVICES WITH PEOPLES EXCHANGE BANK AND IF ALL OF THE FOREGOING IS ACCEPTABLE TO YOU, YOU MAY PROCEED TO COMPLETION OF THE REQUIRED APPLICATION. HOWEVER, BY SUBMITTING A INTERNET BANKING SERVICES APPLICATION TO PEOPLES EXCHANGE 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 TO THE APPLICATION, PLEASE INDICATE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OR THIS AGREEMENT, AND THAT YOU INTEND TO CREATE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND PEOPLES EXCHANGE BANK BY SELECTING "AGREE" IN THE BOX BELOW
CUSTOMER AWARENESS
We will never
• Call our customers and ask for their personal information. We already have your information on file. We only ask you for some pieces of your personal information to authenticate yourself when you call us.
• Ask you to send personal information by email.
We will only
• Ask you for personal information when you initiate contact with us by phone or online.