Online Banking User Agreement
This Online Banking User Agreement contains the terms and conditions that govern the access to information, accounts, banking and other online services with us via the Internet. The terms of this Agreement are in addition to those that apply to an account or service you have with us. Within this Agreement, the terms “you”, “your”, and “customer”, refer to each depositor on an account accessible by Online Banking, and the terms “us”, “we”, “our” and “bank” refer to Peoples Bank. It is recommended that a copy of this Agreement be printed for your records or a copy is available on request. These terms apply only to accounts used for personal, family, or household purposes. Business customers agree to review promptly all statements, notices and transaction information made available to them, and to report all unauthorized transactions and errors to us immediately.
Terms and Conditions
Your use of Peoples Bank Online Banking confirms your agreement to be bound by the terms and conditions contained in this Agreement as well as any rules for use of the services. It also acts as your acknowledgment of receipt and understanding of the disclosures in this Agreement and your agreement allowing all disclosures or other information required under applicable law to be sent electronically. The laws of the State of Kentucky and applicable federal laws and regulations shall govern this Agreement.
Some of the transactions permitted under this Agreement are governed by the Electronic Funds Transfer Act, otherwise known as the EFT Act. The purpose of this Agreement is to acquaint you with Electronic Funds Transfer services offered by the Bank and to make certain disclosures as required by law, which is only applicable to consumers. This Act and its implementing regulation, Regulation E, require many terms and conditions included in the Agreement. Commercial account holders are not entitled to the rights provided under the EFT Act.
Except as otherwise required by law, rule, or regulation, we may change the terms and conditions of this Agreement from time to time and at any time. When changes are made, we will update this Agreement at the Web Site. Changes will become effective when first updated on the Web Site unless law, rule or regulation requires advance notice in which case the change will be effective in accordance with the law, rule or regulation.
In no event will Peoples Bank be liable for any direct or indirect, special, incidental, consequential, or punitive damages or lost profits arising in connection with use of our Online Banking service, any interruption in availability of our Online Banking service, delay in operation or transmission, computer virus, loss of data, or otherwise, even if Peoples Bank has been advised of the possibility of such damages or loss.
Computer Equipment and Software
You are solely responsible for the maintenance, installations, upgrades and operation of your computer. To utilize our Online Banking service, you must have an Internet Service Provider and a secure web browser, such as Microsoft Internet or Netscape Navigator. Peoples Bank shall not be responsible for any errors, deletions or failures that occur as a result of any malfunction of your computer or software, nor will we be responsible for any computer virus that affects your computer while utilizing Online Banking. By accessing Online Banking through the World Wide Web (www), you agree that we shall not be liable for any indirect, incidental, or consequential costs, expenses or damages (including lost savings or profit, lost data, business interruption or attorney’s fees).
You may not use e-mail from our public web site to initiate banking transactions, such as fund transfers, etc. E-mail is in place for you to make inquiries or ask questions not of a sensitive nature. You agree that we may send you or make available to you notices, disclosures, and other information electronically including, but not limited to, notices, disclosures, and other information required under the Electronic Funds Transfer Act and Regulation E of the Federal Reserve Board. If you have given us an email address or postal address, we are entitled to rely on that address and assume that messages sent to that address are received by you until you give us notice in writing or by e-mail that the address is no longer valid. If we send you a notice or disclosure electronically, and you wish to download or print it and are unable to do so, contact us at the mailing address or telephone number in the Error Resolution section of the Agreement or send us an e-mail and we will provide you with a copy.
Access ID, Password and Security Procedures
Your use of the Access ID assigned to you by Peoples Bank will indicate to us your acceptance of the terms and conditions governing your account(s) and this Agreement. Any online transactions, including but not limited to accessing account information, making transfers, stop payments, initiated by person(s) on behalf of a commercial customer by entering the correct Access ID and Password is deemed as acting with full authority of the Board of Directors, members or general partners, as applicable, to the commercial customer. Each time you access account information, make transfers or stop payments you will be required to enter the Access ID and Password.
If your Access ID and/or Password is lost or stolen, or is known by another individual, you must notify us immediately. Quickly telephoning us is the best way of reducing your possible losses. You may contact us at (606) 845.2461 during normal business hours as listed in this Agreement. Failure to notify Peoples Bank promptly could result in a loss of funds. You are responsible for maintaining the confidentiality of your Access ID and Password and any breach of confidentiality shall promptly be reported to Bank. If you violate this Agreement and purposely disclose your Access ID and Password to allow others to access your account(s), you are fully responsible for any transactions that are made. Peoples Bank reserves the right to prevent you access to our Online Banking should we have reason to believe the confidentiality of your Access ID and Password have been compromised. We recommend you memorize your Access ID and Password or write it down and keep it in a secure place for security purposes.
To further protect you, a timeout feature is used. This feature will automatically disconnect your current financial access after a 10-minute period of inactivity on our site.
Peoples bank has implemented a security procedure for the purpose of verifying the authenticity of the payment instructions transmitted to us by you, and not for the purpose of detecting errors in such instructions. These include, but are not limited to, a Secure Sockets layer (SSL), digital certificates and strong encryption along with built-in checkpoints and audit controls to provide multi-tiered security architecture to protect our customer database from outside intrusion and fraudulent activity. Your acceptance of this Agreement implies that this procedure constitutes a commercially reasonable method of providing security against unauthorized instructions. You agree to be bound by any instruction issued by you and received and verified by Bank in accordance with such security procedure, and you shall indemnify and hold us harmless from and against any loss suffered or liability incurred by, or arising from, the execution of instructions in good faith and in compliance with such security procedure.
Peoples Bank requires the use of browsers such as Microsoft and Netscape (readily available for download from their respective websites) that provide encryption using a 128-bit key in order to provide the highest level of confidentiality and security. Higher levels of encryption prevent unauthorized attempts by hackers and Bank requires that customers protect their valuable information by using the most secure encryption possible.
Access requires at least one eligible account that is identified by your social security number or employer identification number (EIN). The eligible account, other existing and future accounts identified by your social security number or employer identification number may be accessed through our Online Banking. Peoples Bank applicable accounts include, checking, savings, Christmas club, vacation club, money market, certificate of deposit, individual retirement account and/or loan account.
Online Banking Features
The following features may be permitted on Online Banking:
- View up-to date balance information on applicable account(s)
- View transaction history for current and previous statement cycles
- Statement retrieval
- Image retrieval of cancelled checks and deposits, (electronic ACH items not allowable)
- Check loan balances and payment information
- View interest information
- Export transactions into a personal money management software
- Change password online
- Perform fund transfers, note that certain limitations* apply as shown below:
- From checking to checking
- From checking to savings
- From savings to savings
- From savings to checking
- From checking to loan accounts
- From savings to loan accounts
Federal law, known as the Federal Reserve Board Regulation D, limits certain transfers and withdrawals from Savings accounts and money market accounts. We allow no more than 6 covered transfers or withdrawals (preauthorized transfer, automatic transfer, telephone, through Online Internet Banking, check, draft, debit card or similar order drawn by the Bank and payable to third parties) per calendar month or statement cycle of at least 4 weeks. (This does not include automatic loan payments at the same institution, withdrawals or transfers between the holder’s account at the same institution if such transfers or withdrawals are made in person, by mail, messenger or via an ATM). If you exceed these transfer limitations in any statement period, Peoples Bank will notify you of the violation and may require you to convert the account to a transaction type account or the account will be subject to closure. Please see your Deposit Agreement for further detail.
There are no fees to inquire on your account(s) and to transfer funds between applicable account(s). You will be accessed a $22.00 fee for placing a stop payment through Online Banking. Please refer to the Bank’s Fee Schedule for specific fee information.
Daily Processing and Hours of Operation
Online Banking account information displayed is real time information at the time the transaction takes place. Funds transfers between account(s) initiated on your computer using Peoples Bank Online Banking, and receive by Bank by 3:00 p.m. E.S.T. Monday through Friday will be effective on the current business day. Funds Transfers received after 3:00 p.m. E.S.T. Monday through Friday or all day Saturday, Sunday, and banking holidays will be effective the following business day. For purposes of this Agreement, business days are Monday through Friday, excluding bank holidays. Online Banking may be accessed 24 hours a day, 7 days a week, except for interruptions due to maintenance or matters beyond bank’s control. Transfers are limited to a minimum of $.01 and a maximum of $99,999.99 per transaction.
Bank will mail or deliver to you periodic statements for your bank account(s) as disclosed in your deposit agreements. Any transfer you authorize through Online Banking will be included. You agree to review your periodic statement in accordance with the User Agreement and any other deposit or credit agreements governing your account, for accuracy of all data transmitted through Online Banking. Promptly notify us of any discrepancies, including but not limited to, any errors or inaccuracies related to data transmitted. You may contact the Peoples Bank at (606) 845.2461 or write to us at, P.O. Box 367, 106 South Main Cross Street, Flemingsburg, Kentucky 41041.
Stop Payment of Preauthorized Payments
If you have told us in advance to make regular electronic preauthorized payments out of your account(s), you can stop any of these payments by calling us at (606) 845.2461 or writing to us at Peoples Bank, P.O. Box 367, 106 South Main Cross Street, Flemingsburg, Kentucky 41041, in time for us to receive the request three (3) business days or more before the payment/transfer is scheduled to be made. If you call, we may require the request to be confirmed in writing and received by us within fourteen (14) days after the call. We will charge you $22.00 for each stop pay order you give. If you request us to stop a preauthorized payment three (3) business days or more before the transfer is scheduled as described above, and we do not do so, we will be liable for your losses or damages.
Financial Institution’s Liability for Failure to Make Transfers
If we do not complete a transfer to or from your account on time in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours you do not have enough money in your account to make the transfer
- If the transfer would go over the credit limit on your overdraft line
- If the automated teller machine where you are making the transfer does not have enough cash
- If the terminal or system was not working properly and you knew about the breakdown when you started the transfer
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken
- There may be other exceptions stated in our agreement with you
Bank shall not be liable if you have not given bank complete, correct or current transfer or payment instructions or if you have not followed proper instructions given through Online Banking.
We will disclose information to third parties about your account or the transfers you make:
- where it is necessary for completing transfer; or
- in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
- in order to comply with government agency or court orders; or
- if you give us written permission
Your Liability for Unauthorized Transfers
If your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If we complete a 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 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.
However, if the Bank elects, in the Bank’s sole discretion, to make a transfer, which exceeds the funds available in such account(s), such transfer will be subject to the Bank’s current fee for non-sufficient funds processing.
In case of errors or questions about your electronic transfers, telephone us at 606 845-2461; write us at 106 South Main Cross Street, PO Box 367, Flemingsburg, Kentucky. 41041 or e-mail us at firstname.lastname@example.org as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any). Do NOT tell us your Password or send your account number by e-mail.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account.
We will tell you the results of our investigation within ten (10) business days after notice of the problem (20 business days for point-of-sale or foreign-initiated transfers) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for point-of-sale or foreign-initiated transfers) to investigate complaints or questions. If we decide to do this, we will credit your account within ten (10) business days (20 business days for point-of-sale or foreign-initiated transfers) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents we used in our investigation.
Unless otherwise required by applicable law, we reserve the right to terminate this Agreement and/or your access to Peoples Bank Online Banking at any time without prior notice or cause. You may terminate the Agreement and your use of this Agreement at any time by calling (606) 845-2461 or by sending a written termination notice to Peoples Bank, 106 South Main Cross Street, Flemingsburg, Kentucky 41041 or by faxing it to our main office at (606) 849-3102. Your written termination notice will be confirmed by mail or fax. You authorize us to complete fund transfers until we have had a reasonable opportunity to act upon your termination notice.
If your account(s) becomes overdrawn, closed or access to your account(s) is restricted for any reason, this Agreement and use of Peoples Bank Online Banking may be terminated automatically. If termination is due to an overdrawn status, enrollment may be initiated again once sufficient funds are available in your account(s) to cover any fees and other pending transactions. We reserve the right to temporarily suspend Peoples Bank Online Banking in situations deemed appropriate by us, in our sole and absolute discretion, including but not limited to, a breach of system security that has occurred or is being attempted.
Repeated incorrect attempts to enter your Access ID and/or Password may be considered by the bank a possible indication of attempted security breach. Termination of the services does not affect your obligations under this Agreement with respect to occurrences before this termination.
Peoples Bank reserves the right to refuse or deny the ability to customer access online, to limit access or transactions or to revoke a customer’s access to Online Banking without advance notice to customer.
This is a private computer network and is for authorized users only. Unauthorized users, please be warned: entering this password-protected area without authorization can incur both criminal and civil liabilities under the provisions of the Computer Fraud and Abuse Act of 1986. Individuals using this network without authority are subject to having all of their activity monitored and recorded by both system and security personnel. In the course of recording, and system maintenance, all activities of authorized users will also be monitored. Anyone using this private network consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal or other illegal or improper activity, then system and security personnel will provide such evidence to the appropriate law enforcement officials for prosecution to the full extent of the law.
This page is provided to you for informational purposes only. We suggest you print a copy and keep it for future reference. To complete the enrollment process to participate in Peoples Bank Online Banking, you will be prompted to ACCEPT or DECLINE the terms in this User Agreement and Disclaimer.