INTERNET BANKING AGREEMENT AND ELECTRONIC FUNDS TRANSFER ACT NOTICE
This Agreement, which includes the Fee Schedule, is the contract which establishes the terms and conditions, and covers your electronic access to your accounts at Peoples State Bank of Commerce (“Bank”) through our Internet Banking product (“System”). By using the System or permitting any other person to use the “System”, you accept all the terms and conditions of this Agreement.
The terms and conditions of this Agreement are in addition to any deposit agreements, deposit account rules and regulations, fee schedules and disclosures for each of your accounts, collectively, the “Deposit Agreement” as well as your other agreements with Bank, including any loan-related agreement.
This Agreement, together with the Fee Schedule, the Deposit Agreement and any other documentation relating to the other features of the System, constitutes the entire Agreement between you and Bank with respect to subject matter of this Agreement and there are no unwritten understandings or agreements as to those matters.
As used in this Agreement, the words “we”, “our”, “us” and “Bank” mean Peoples State Bank of Commerce. “You” and “your” refer to the accountholder authorized by Bank to use System under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through System. “Account” or “accounts” means your deposit or loan account at Bank. “Electronic funds transfers” means ATM withdrawals, pre-authorized transactions, point of sale transactions, transfers to and from your Bank accounts using the System including bill payments. “System Services” means the services provided pursuant to the Agreement, including the Bill Payment Service. The term “Business days” means Monday through Friday, excluding holidays.
Consent To Electronic Delivery Of Notices:
You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic funds transfers disclosures, or periodic account statements may be made electronically by posting the notice on Peoples State Bank of Commerce’s website or by e-mail. Any such e-mail or posting on the Bank’s web site will be considered received by you within three (3) calendar days of the date sent by the Bank, regardless of whether or not you login to the System within that time frame. You also agree to notify us immediately of any change in your e-mail address by any of the methods stated in the section titled “Communications Between Bank And You” within this Agreement
Additionally, at a minimum, the following software and hardware requirements for access to and retention of the electronic information are:
The Bank will notify you of any future changes to these software and hardware requirements electronically by posting the notice on the Bank’s website or by e-mail.
You also have the following rights:
If you choose to exercise any of these rights, you may contact us by any of the methods stated in the section titled “Communications Between Bank And You” within this Agreement.
The provisions of this paragraph apply if any of your accounts with Bank is a joint account. Each holder of a joint account, who accesses the System is jointly and severally bound by this Agreement. Each of you acting alone, under separate, assigned log-in ID and password may perform transactions, pay bills, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of or notify either of you about the actions of the other. For joint accounts requiring two or more signatures, please refer to the Waiver of Joint Signatures form signed in conjunction with this Agreement for related modifications to transact business online. However, each of you will only be permitted to access accounts for which you are an owner or authorized signer.
Each of you individually releases us from liability and agrees not to make a claim or bring any action against us for honoring the instructions of the other or of any other person authorized to use your Bank System Services. Each of you agrees to indemnify and hold us harmless from any and all liability (including, but not limited to, reasonable attorney’s fees) arising from any such claims or actions.
To use the System, you must have at least one account at Bank, access to Internet Service and an E-mail address. You must have a checking account to utilize the Bill Payment Service feature. Access to the System will not be effective until all information has been verified and entered in the System based on the temporary password communicated to you by Bank. Access to your accounts through System will be based upon the identification of users and authority levels as specified by you upon enrollment. Changes to account information must be communicated to us in writing. We undertake no obligation to monitor transactions through System to determine that they are made on behalf of the accountholder.
During your System online session, you will be automatically disconnected following thirty (30) minutes of inactivity. You may then sign-on again, if desired.
You can use System to: check the balance of your Bank accounts, view Bank account histories and statements, transfer funds between your Bank accounts, make stop payments, and pay bills (if previously requested) from your Bank accounts in the amounts and on the dates requested. Please read all online instructions carefully as some service features may require the submission of the completed form to us by mail or in person. Additional services and enhancements to existing services may be added from time to time without prior notice. Balance and activity information will be available as of 2:00 PM (Central Standard Time) of the previous business day and will include any pending memo posted transactions for the current business day not yet officially posted to your account (direct deposits, ATM withdrawals, POS transactions and holds).
Hours of Access:
You can use System seven days a week, twenty-four (24) hours a day, although some or all System services may not be available occasionally due to emergency or scheduled system maintenance or events beyond our control. We agree to post notice of any extended or unusual periods of non-availability on the System website“www.psboc.com”.
For security purposes, you are required to change your password upon your initial login to System. You determine the password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and you agree to change your password regularly. Upon three (3) unsuccessful attempts to use your password, your access to System will be revoked. To re-establish your authorization to use System, you must contact Bank to have to obtain a new temporary password. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children and should be memorized rather than written down.
You understand the importance of your role in preventing misuse of your accounts through System and you agree to promptly examine your statement for each of your Bank accounts as soon as you receive it. You agree to protect the confidentiality of your password and login ID, which are intended to provide security against unauthorized entry and access to your accounts. You understand that personal identification by itself or with information related to your accounts may allow unauthorized access to your account. Data transferred via System is encrypted in an effort to provide transmission security; however, you need a 128-bit encryption device on your computer browser for optimum security. If you use a 40-bit encryption device, which is less secure than a 128-bit encryption device, you assume a greater risk of unauthorized access over the Internet. We are not liable for losses resulting from your use of 40 bit encryption. If you elect to use the 40-bit browser, this implies your acceptance of this risk. Notwithstanding our efforts to ensure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Bank System, or e-mail transmitted to and from us, will not be monitored or read by others. For further information on Privacy, please read our Privacy Statement located online.
Fee and Charges:
You agree to pay the fees and charges for your use of System as set forth in the current Fee Schedule and in the Deposit Agreement. You agree that all such fees and charges will be deducted from your Bank checking account. If you close your Checking Account, you must contact us in person, by e-mail or in writing immediately to designate another account as your account to be debited for Fees and Charges. You agree to pay any additional reasonable charges for services you request which are not covered by the Agreement. You are also responsible for any telephone, Internet service, satellite or other such associated fees you incur in connection with your use of the System.
Posting of Transfers:
Transfers initiated through System before 4:00 PM (Central Standard Time) on a business day are posted to your account the same day, providing funds are available. Transfers completed after 4:00 PM (Central Standard Time) on a business day, or anytime on a Saturday, Sunday or bank holiday, will be posted on the next business day, providing funds are available. System identifies transfers based upon the login ID of the user who made the transfer. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your account in order to avoid overdrafts.
Overdrafts (Order of Payments, Transfers and other Withdrawals):
If your account has insufficient funds to perform all electronic funds transfers (transfers, Bill Payment, etc.) you have requested for a given business day, then:
a. Electronic funds transfers involving currency disbursements, like ATM withdrawals will have priority;
Limits on Amounts and Frequency of System Transactions:
Your ability to transfer funds from certain accounts, such as money market accounts and savings accounts is limited by federal law and regulation and by the Deposit Agreement. You should refer to the Deposit Agreement for legal restrictions and service charges applicable to excessive withdrawals or transfers and any applicable penalties. Transfers made using the System are counted against the permissible number of transfers described in the Deposit Agreement. If a hold has been placed on deposits made to accounts from which you wish to transfer funds, those held funds are unavailable until the expiration of the hold.
System Bill Payment Service:
You must designate the Bank account from which the payments are to be made; the complete name of the payee, your account number with the payee and the payee’s remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited the next business day. By using the System Bill Payment Service feature, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, “no signature required draft” or by debiting and remitting funds on your behalf. You also agree that System bill payment will be charged to your Checking Account as designated. You may designate multiple accounts from which Bill Payments may be made, however, the monthly charge will be deducted from your Primary Checking Account or alternately designated account within the first five (5) days of the month following the month of service. We reserve the right to refuse to pay any payee designated by you. If we do so, the Bank will notify you promptly. The Bank reserves the right to terminate or deny Bill Payment Service.
Scheduling System Payments:
When performing a Bill Payment you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until five (5) to eight (8) business days after the date the payment is debited from your account. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account or if you do not have sufficient funds in your designated Bank account on the payment date.
Any payment made through Bill Payment Service requires sufficient time for your payee to credit your account properly. To avoid imposition of finance charges or other charges by the payee, you must authorize and schedule a payment on a date sufficiently in advance of the due date of your payment, keeping in mind the time frames set forth in the preceding paragraph. Bank shall not be responsible for any charges imposed or other action taken by a payee resulting from a late payment, including but not limited to finance charges and late fees.
Funds must be available in your designated Bank account on the scheduled payment date. If your Bank account does not have sufficient funds on such scheduled date, the payment will be processed as any other non-sufficient funds item with all applicable charges as provided in the Deposit Agreement. You will be notified by e-mail or postal mail, but Bank shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient funds in your Bank account to process the transaction. In all cases, you will be responsible for either making alternate arrangements for the payment or rescheduling the payment through the Bill Payment Services feature of the System. In the event you have insufficient funds to make some, but not all, of the bill payments scheduled for a particular date, Bank may use such method as Bank, in its sole discretion, may elect in determining which payments to complete.
If you have arranged to have direct deposits made to any of your accounts at least once every sixty (60) days from the same person or company, you may contact us at (615) 776-8650 during normal business hours to find out whether or not the deposit has been made, or contact your local branch of Peoples State Bank of Commerce..
How To Cancel A Bill Payment:
To cancel a bill payment (different from a stop payment request) that you have scheduled through System, you must cancel the payment online via System (by following the onscreen instructions) before 4:00 PM (Central Standard Time) on the business day the payment is scheduled to be debited from your account.
Once the bill payment has been debited from your account, you may be able to stop a System bill payment by contacting us by telephone before the paper draft has cleared. You will have to contact us by telephone to determine if the payment has cleared. If the payment has not cleared, we will within a reasonable amount of time process your stop payment request. We will notify you if the payment has already cleared. To be effective, this type of stop payment request must precisely identify the name of the payee, the payee assigned account number, the amount and scheduled date of the payment, and the confirmation number of the Bill Payment. The processing fee listed in the Fee Schedule included with this Agreement will be applicable whether the paper draft has been paid or not. The fee will be deducted from your Checking Account. This processing fee is different from the stop payment fee for processing a check you have written on your Bank accounts.
Stop Payment Requests for Paper Checks:
You may initiate stop payment requests online via System only for paper checks (not pre-authorized or electronically established payment requests) you have written on your Bank accounts (not System bill payer paper drafts). Online stop payment requests will be processed immediately if the item has not already been presented to our bank or has cleared your account. Stop payment fees will be accessed to the checking account on which the stop payment has been issued according to the Deposit Agreement. Stop payment fees are different than processing fees for stopping drafts paid by System bill payer. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the amount and the date of the check.
If you initiate your stop payment request online, you must also sign a Stop Payment request that will be mailed to you and get the stop payment request to us with fourteen (14) days after your request.
Disclosure Of Account Information And Transfers:
You understand information about your accounts or transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as credit bureaus, in connection with the opening or maintaining of your account or in connection with approving your access to System. You agree and hereby authorize all of these transfers of information. For further information please read our Privacy Statement located online.
All System transactions will appear on your periodic account statement. You will receive a periodic statement for each monthly cycle in which an electronic funds transfer has occurred and a statement at least quarterly if no transfer has occurred.
Change In Terms:
We may change any term of this Agreement at any time. If the change would result in increased fees for any System service, increased liability for you, fewer types of available electronic funds transfers or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least thirty (30) days before the effective date of any such change, unless immediate change is necessary to maintain the security of an account or our electronic funds transfer system. We may post any required notice of change in terms on the Bank System website or forward it to you by e-mail or postal mail. If the advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic funds transfer system, we will notify you of the change in terms within thirty (30) days after the change becomes effective. Your continued use of any or the entire subject System Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit account agreements and disclosures govern changes to fees applicable to specific accounts. You also agree to accept notification on any and all changes to these accounts by e-mail.
In Case of Errors or Questions About Your Electronic Transfers, Including Bill Payments:
Contact us as soon as possible if you think your paper statement or electronic statement is wrong, or if you need more information about a transfer listed on either statement. You may contact us for this purpose by any of the methods stated below in the section titled “Communications Between Bank And You”. We must hear from you no later than sixty (60) days after we sent you the FIRST statement upon which the problem or error appeared. When you contact us:
a. Tell us your name and account number
If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 business days.
We will determine whether an error has occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) business days for the amount you think is in error, so 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 in the form of a paper writing within ten (10) business days, we may not provisionally credit your account.
We will tell you the results within three (3) business days after completing our investigation. If we find that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.
If your notice of an error involves a point-of-sale or international transaction, we may take up to ninety (90) days to investigate your complaint or question.
If your notice of an error involves a transaction that occurred during the first thirty (30) days after the first deposit to the account, the applicable time periods are twenty (20) days and ninety (90) days.
Our Liability For Failure To Make A Transfer:
If we do not complete a transfer to or from your account, including bill payment, on time or in the correct amount, according to our Agreement with you when you have properly instructed us to do so, we will be liable to you as follows:
a. we will use our best efforts to return the improperly transferred funds to the Account and
You agree to assist us, as necessary, in our efforts to recover any misdirected funds and otherwise comply with your payment instructions. If we cause an incorrect amount of funds to be credited to your account, you agree that we may take any action appropriate to correct the error and prevent you from being unjustly enriched.
We will not be liable in the following circumstances and as otherwise provided in this Agreement and in the Deposit Agreement:
a. If through no fault of ours, you do not have enough money in your account to make a transfer
The foregoing shall constitute our entire liability and your exclusive remedy. In no event shall we be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising in any way out of the use of the System. Further, in no event shall the liability of the Bank and its affiliates exceed the amounts paid by you for the services provided to you through System.
Disclaimer Of Warranty And Limitations Of Liability:
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the System Services provided to you under this Agreement. We do not and cannot warrant that System will operate without errors, or that any or all System Services will be available and operational at all times or that you will always have access to System Services. We do not warrant that our services, the Internet or our suppliers will be available on a specified date or time or have the capacity to meet your demands during specific hours. Neither Bank nor its suppliers will be liable for any damage that you may suffer arising out of use, or inability to use the services or products provided hereunder. Neither Bank or its suppliers will be liable for unauthorized access to Bank’s transmissions facilities or premises or equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of Bank or its suppliers negligence.
Your Liability For Unauthorized Transfers:
Contact us at once if you believe your password has been lost, stolen or used without your authorization or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. You may contact us for this purpose by any of the methods stated below in the section titled “Communications Between Bank And You”. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within two (2) business days after you learn of the loss, theft, compromise or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission.
If you do not contact us within two (2) business days after you learn of the loss, theft, compromise or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.
Also, if your paper statement or electronic statement shows transfers that you did not make, contact us at once. If you do not tell us within sixty (60) days after the statement was mailed or provided to you, you may not get back any money you lost through transactions made after the sixty (60) day time period if we can prove that we could have stopped someone from taking the money if you had told us in time (such as a long trip or hospital stay kept you from contacting us, we will extend the time periods).
We will disclose information to third parties about your account or the transfers you make:
a. Where it is necessary for completing a transfer
Information concerning your account history with Bank may be shared within the Bank’s affiliated organization. Other information, including information you have given us as part of an application for one of our products or services, information we have received from a credit bureau or other third party, also may be shared among affiliated organizations. You may direct that information other than your Bank account history not be shared with Bank affiliates by writing us at the postal address referenced in the section title “Communication Between Bank And You”.
Third Party Network Disclaimer:
You may not resell or redistribute any services you receive through System, or our other services, or from our suppliers. You acknowledge and agree that neither Bank nor its suppliers are responsible for the content of your transmissions, which may pass through any Internet Service Provider or over the Internet. You agree to take reasonable steps to ensure that you will not use the services provided to you or the Internet for illegal or disruptive purposes. Disruptions include, but are not limited to, distributing chain letters or mass mailings of unsolicited e-mail (“spamming”), propagating computer worms or viruses or using the services and the Internet to make unauthorized entry to any other machine. Violation of the foregoing may result in termination of access rights to the offending party or parties.
Third Party Software; Virus Protection:
The Bank makes no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with Bank System (for example Quicken, Microsoft, Money, etc.). The Bank is not responsible for any electronic virus that you may encounter. We encourage you to routinely scan your computer, diskettes and software using a reliable virus product to detect and remove any viruses found. Undeleted or un-repaired viruses may alter, corrupt, damage or destroy your programs, files and even your computer. Additionally, you may unintentionally transmit the virus to other computers, diskettes or software.
Your Right To Terminate:
You may cancel your System service at any time by providing us with written notice by postal mail or fax. Your access to System will be suspended within three (3) business days of our receipt of your instructions to cancel the service.
You will remain responsible for all outstanding fees, charges and pending transactions incurred prior to the date of cancellation.
Our Right To Terminate:
You agree that we can terminate or limit your access to System Services for any of the following reasons:
a. Without prior notice, if you have insufficient funds in any one of your Bank accounts. System Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, debits, etc.
If you send the Bank an electronic mail message (e-mail), Bank will be deemed to have received it no later than the following business day. Bank will have a reasonable time to act on your e-mail.
You should NOT rely on e-mail if you need to communicate with Bank immediately (for example, to report the loss, theft or unauthorized use of your password or an unauthorized transaction from your Bank account).
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways (normal business hours are from 8:30 AM to 5:00 PM Monday through Thursday from 8:30 AM to 6:00 PM Friday. excluding federal holidays.
Email: You may contact us at email@example.com
Telephone: You may contact us by telephone at (615) 776-8650 or your local branch.
Postal Mail: You may contact us by mail at:
In Person: You may visit us at the address shown above or contact your local office for more information.
This Agreement is governed by the laws of the State of Tennessee and applicable federal laws and regulations. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience of reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of the Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. We may assign this Agreement to any present or future affiliated company and we may assign or delegate any of our rights and responsibilities under this Agreement to independent contractors or third parties. This Agreement is binding upon you, your heirs and Bank’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would constitute beyond termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.
Internet Access – No charge to view and transfer funds
Bill Pay - Free
Processing Fee (Stop Payment Paper Draft Bill Payment System) - $30
Insufficient Funds Fee - $30
|Nolensville Branch - 7122 Nolensville Road, Nolensville, TN 37135|