Peoples Bank Online Banking Service Agreement
This agreement (the "Agreement") sets forth the rights and responsibilities of the person ("you" or "your") who has enrolled in the online banking services (collectively referred to as the "Service(s)") offered by Peoples Bank ("us", "our", "we", or "Bank") with respect to Accounts standing in that person’s name. When you use the services described in this Agreement or authorize others to use them, you agree to the terms and conditions of the entire agreement.
This Agreement supplements, but does not replace other agreements between us and you for your deposit accounts, Check Card, and any other linked accounts.
Your use of the Service may be made by use of certain numbers, codes, marks, signs, public keys, or other means of establishing your identity and acceptance of electronic communications which are acceptable to us. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic communications are valid and you will not contest the validity of the originals or copies, absent of proof of altered data or tampering.
All references to time of day in this Agreement refer to Central Time. Peoples Bank recognizes any day as a business day, except for Saturdays, Sundays and Federal Bank holidays.
1) Enrollment – To enroll in the Service, you must have at least one eligible Account with the Bank. The following types of Peoples Bank Accounts can be connected to the service (collectively referred to as "Account" or "Accounts") and are considered "Eligible":
- Checking accounts
- Savings accounts
- Money market deposit accounts
- Personal loans and lines of credit (excluding mortgage loans)
We may allow other types of Accounts to be connected to the Service from time to time. Connected accounts are referred to as "Activated Accounts." We reserve the right to determine which accounts can be connected to the Service. We may refuse to allow certain accounts, such as accounts with special signing requirements, to become activated.
2) Security - Upon enrollment, you will be provided with a user name and temporary password ("Password"). You will be asked to change the temporary Password the first time you log into the Service. You agree to memorize and keep your user name and Password secret to prevent unauthorized access to your Accounts. If you forget your user name and/or Password contact Peoples Bank at (903) 783-3800 for assistance. To help safeguard your Accounts, you should change your Password frequently. You should never write your Password anywhere.
3) Computer Requirements – In order to use the Service, you will need a personal computer, access to the Internet (World Wide Web), 128 bit encrypted browser software (such as Microsoft® Internet Explorer or Netscape® Navigator). You are solely responsible for the acquisition of the necessary equipment, software and Internet access. Browsers are updated over time and some features of the Service may not function with older browsers. You are responsible for updating your browser as needed. It is also recommended that you install a personal firewall and up-to-date anti-virus software. The Bank is not responsible for any electronic virus or viruses that you may encounter.
4) You may use the Service to:
- View current balances for your Accounts
- Review available transactions for your Accounts
- Transfer funds between certain Peoples Bank Accounts
- Add and review stop payments
- Export information to other file formats (Comma separated (.csv), Quicken® (.qif), Microsoft® Money (.ofx), and Intuit® Quickbooks® (.iif))
If you choose to add the Bill Payment Service, in addition to the Online Banking features listed above, you may also make one-time or recurring payments form your deposit Accounts to companies or individuals (Payees) that you set up and select. You may also receive electronic bills from companies that offer this service.
5) Transfers - Transfers may be made to and from Peoples Bank Accounts where you are an authorized signer. Federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers - including Online Banking transactions - from money market deposit and savings accounts. You are limited to six (6) preauthorized electronic fund transfers and telephone transfers, checks and point-of-sale transactions per statement cycle. Of these six (6) transactions, you are limited to only three (3) transactions by check or point-of-sale. (Please refer to your deposit agreement for further details.) Each transfer or payment through the Service from your money market account is counted as one of the six (6) limited transfers you're permitted each statement period. We recommend that you not use a money market account as your bill payment account because of these restrictions.
6) Stop Payments – You can place a stop payment using the Service. You will be required to provide us with timely, complete, and accurate information for the item drawn on the Account to enable us to stop payment.
7) Customer Service – For customer service for Online Banking, contact Peoples Bank at (903) 783-3800 Monday through Friday (excluding Bank holidays) from 8:00 a.m. to 5:00 p.m. Central Time. You may also contact us in writing at Peoples Bank, P.O. Box 1750, Paris, Texas 75461.
8) Hours of Operation – The Service is available to you 24 hours a day, 365 days a year except at times of service unavailability. Access to the Service may be unavailable at certain times for the following reasons:
- Scheduled Maintenance – There will be times when it will be necessary to restrict access to the Service to perform maintenance or upgrades.
- Unscheduled Maintenance – The Service may be unavailable when unforeseen maintenance is required.
- System Outages – Major unforeseen events, such as fires, floods, storms, computer failures, interruptions in telephone service or electrical outages may cause interruptions to the availability of the Service.
Although we make every reasonable effort to ensure the availability of our Service, we will not be liable in any way for its unavailability or any damages that may result from such unavailability.
9) Liability for Failure to Complete Transactions – We or a third party acting as our agent, are responsible for completing funds transfers and bill payments from your Account(s) on time and according to your properly entered and transmitting instruction. If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for your losses and damage. However, neither we nor the Service Provider will be liable:
- If through no fault of ours, you do not have sufficient funds in an Account to complete a transaction from the Account, or if the Account has been closed;
- If you have not properly followed Software or Bill Pay Service instructions on how to make a transfer or bill payment;
- If the Service was not working properly, and you were aware of this when you started the transaction or transfer
- If services beyond our control, such as fire or flood, prevented the transfer or transaction, despite reasonable precautions we have taken.
- If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due;
- If a timely bill payment is made but the payee nevertheless does not credit your payment promptly after receipt.
- If withdrawals from your Account(s) have been prohibited by a court order such as a garnishment or other legal process.
- If we or our agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed.
- If your equipment and/or software were not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment.
There may be other applicable exceptions or defenses available through contract, statute, common law, regulation, or standard banking practices.
If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount that we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. Unless otherwise required by law, in no event will the Bank be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney’s fees, even if we are advised in advance of the possibility of such damages.
10) Changes to the Agreement - We may change any term of this Agreement at any time. If the change would result in increased fees for any online banking service, increased liability to you, or stricter limitations on the type or frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the Peoples Bank website or forward it to you by e-mail or postal mail. If advance notice of the change is not required, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the 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 changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
11) Canceling the Service - You may cancel your service at any time by providing us with written notice by postal mail or fax or visiting a Peoples Bank location. Your access to Service will be suspended within two business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
12) Unauthorized Access and Transfers – Tell us at once if you believe your password has been stolen or compromised or discovered by an unauthorized third party. Telephoning is the best way of limiting your possible losses. You could lose all of the money in your account (plus your overdraft protection limit). If you tell us within two (2) business days that your password has been stolen, compromised, or discovered by an unauthorized third party, you can lose no more than $50 if someone used your password without your permission.
If you do not tell us within two (2) business days after you learn of the theft, compromise, or discovery by a third party of your password, an we can prove that we could have stopped someone from using your user name and password to perform the transactions, you could lose as much as $500.00. Also, if your statement shows transactions that you did not make, tell us at once. If you do not tell us within sixty (60) calendar days after the statement was made available to you, you may not get back any money you lost after the passage of that sixty (60) calendar day period if we can prove that we could have stopped someone from taking the money if you had told us in time. If however, a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.
Important Note for Non-personal or business (other than sole proprietorship) Account Holders:
The loss, theft or unauthorized use of your Passwords could cause you to lose all of the money in your account, plus any amount available under your overdraft protection line . Your use of the Service(s) under an Eligible non-personal Account is your agreement to assume all risks and losses associated with the disclosure of your Passwords to your employees or other persons. You agree to limit disclosure of your Passwords to those employees and other persons you authorize to use the Services.
13) Error Resolution for Consumers and Sole Proprietorships – If you believe your Account information is incorrect or you need more information about a transaction, you should contact us as soon as you can by telephone at (903) 783-3800, or in writing to Peoples Bank, P.O. Box 1750, Paris, TX 75461 or by email to email@example.com. You must report such a problem to Peoples Bank no later than sixty (60) calendar days after the statement was made available to you or the problem or error appeared.
In all communications, you are to provide the following:
Your name, your account number, and the date of the questioned transaction;
A description of the error or the specific transaction about which you have a question, and a clear explanation as to why you believe there is an error or require more information; and
The dollar amount of the suspected error.
If you elect to notify us of the problem verbally, we may require you to send your complaint or question to us in writing within ten (10) business days from the telephone call.
We will conduct an investigation within ten (10) business days after we hear from you and will promptly correct any error. If however, we need more time, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide to take such additional time to perform an investigation, we will credit your Account for the amount that you believe to be in error, so that you will have use of the money during the time needed to complete the investigation. For errors involving new accounts, point of sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For errors involving new accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error. If we ask you to put your complaint or question in writing and we do NOT receive your complaint or question within ten (10) business days, we are not required to credit your Account while the investigation is pending and will not do so. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in the investigation.
14) Privacy – We will disclose information to third parties about your Account or transactions in which you engage, where it is necessary:
- to complete one or more transactions;
- to verify the existence and conditions of your Account(s) for a third party such as a credit bureau or a merchant;
- to comply with a governmental agency or court order, subpoena, or other legal process and/or;
- you give us your written permission.
15) Governing Law – The terms and conditions of this agreement shall be governed and construed in accordance with the laws of the state of Texas.
Table of Fees
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