Enrollment - Internet Banking Agreement
Important: Read Carefully Before Agreeing. This document obligates you in certain ways, and explains your legal responsibilities when using Internet Banking.
Internet Banking Agreement
I hereby request that Persons Banking Company (the "Bank") allow me to select an Access ID and Password, to be used to gain access to my accounts via the Internet. I understand and agree that, for security purposes, users will be required by the system to change their Password's periodically.
I understand and agree that my Access ID and Password will be known only to me and that they are CONFIDENTIAL, and should be safeguarded by me, and that all transactions and other actions conducted using this Access ID and Password will be considered to be authorized by me, and that I will be responsible for all such actions and transactions conducted under the authority of this Access ID and Password, just as though I had conducted the transaction personally in a paper medium. My Access ID and Password should not be revealed to any unauthorized users, even Bank staff. I agree to immediately notify the Bank if I become aware of 1) any loss or theft of my Access ID or Password, 2) any unauthorized use of my Access ID or Password, 3) any error involving any transaction that I initiate using my Access ID or Password.
I understand and agree that this agreement is an addendum to the Deposit Account Terms and Conditions, (and Home Equity Line Agreement, if applicable) which I have previously agreed to, and is incorporated into those agreements by reference. This agreement may modify those agreements in certain ways. I agree to use the Bank's Internet Banking Services only in accordance with this agreement, and for legal purposes, and that the Bank may amend or terminate this agreement upon notice to me via electronic communications or otherwise. My continued use of the service beyond the notice period will confirm my acceptance of the amendment.
I understand that data, including e-mail, electronic communications, and personal financial data may be accessed by unauthorized users when communicated between me and the Bank and that appropriate data security protocols are used to address this possibility. I agree to use software provided by third parties that supports a data security protocol compatible with the protocol used by the Bank. I agree to use software that supports Secure Socket Layer (SSL) protocol accepted by the Bank, and to follow the Bank's log on procedures for electronic services that support such protocols. I acknowledge that the Bank is not responsible for notifying me of any upgrades, fixes or enhancements to such software, or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.
I agree to defend, indemnify and hold the Bank harmless from and against any and all claims, losses, liability costs and expenses, (including, but not limited to attorneys' fees), arising from my violation of this Agreement, state or federal banking laws or regulations, or any third party's rights, including but not limited to the infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this Agreement.
I understand and agree that the services made available via Internet Banking may vary from time to time; that they are subject to the sole discretion of the Bank; that the Bank may cancel this Agreement at any time at its sole discretion, for any reason, including but not limited to my breach of this Agreement, or an unauthorized use of my Access ID or Password; that the Bank will not be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with my use of, or inability to use, this service, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Bank is advised of the possibility of such damages, losses, or expenses; that no warranty of any kind, implied, express, or statutory is given in conjunction with the providing of this service.
I understand and agree that the information provided is the property of the Bank or other providers and may be protected by copyright. I agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, or commercially exploit the information in any manner. I also agree not to use the information for any unlawful purpose. I understand and agree that any e-mail or secure messages that I may send to the Bank will become the property of the Bank and may be retained by them. I will not use any electronic communications feature of the Bank for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening.
I understand and agree that the Bank may charge a fee for certain services provided under the terms of this agreement, after such fees have been properly disclosed to me as required by law and regulation.
Consent to Receive Electronic Delivery of Consumer Disclosures
I understand and agree that Stop Payment Requests placed online under the authorization of my Access ID and Password will be considered to be written stop payment orders under Georgia law, just as though they bore my signature, and, upon acceptance by the bank, will be valid for two (2) years unless renewed. I hereby authorize any authorized signer on an account to release a Stop Payment Request that I may have placed via the Internet Banking System. NOTE: You agree to receive and retain electronic copies of all Stop Payment Requests that have been placed via the Internet Banking System. You may receive paper copies of Stop Payment Requests that have been placed via the Internet Banking System by visiting one of our banking offices. You may retain information about these electronic Stop Payment Requests in your computer system and/or print them from your computer system. The hardware and software requirements to do this are listed below. You also may place a Stop Payment Request by visiting one of our banking offices and using our paper based system.
I understand and agree that any disclosures that various banking laws and regulations require the bank to provide or make available to me, concerning transactions in the Internet Banking System, may be provided to me electronically, via the Internet. NOTE: You agree to receive and retain electronic copies of disclosures for transactions that you have initiated on the Internet Banking System. You may retain these electronic disclosures in your computer system, and/or print them from your computer system. The hardware and software requirements to do this are listed below. If you wish to initiate a paper based transaction, or to receive a paper copy of an Internet transaction, you must visit one of our banking offices.
There is no option to routinely receive paper copies of Internet Banking transactions. If you wish to withdraw your consent to access and retain electronic disclosures, you must close your Internet Banking account and conduct transactions using the bank's paper based transaction system. To do this, please see a Personal Banker.
Hardware and software requirements for access to and retention of electronic disclosures: Your Internet browser software must be configured to support Secure Socket Layer (SSL) protocol, and 128-bit encryption. Your computer operating system software must operate the following software: Internet Explorer Version 9.0 or higher, Google Chrome 9.0 or higher, Firefox 3.5 or higher, Opera 10.0 or higher, Apple Safari 4.0 or higher, and Adobe Reader 9.0 or higher.
You must connect to the Internet with a minimum connection speed of 28.8kbs. If you wish to retain copies of the disclosures electronically, your computer system must be equipped with a hard disk drive, or a diskette drive, or some other type of media to which your computer can save files. If you wish to retain printed copies of the disclosures, your computer system must be connected to a printer.
When these requirements change, you will be provided with the revised hardware and software requirements, and will have the right to withdraw your consent to receive electronic disclosures, without the imposition of any penalty.
You should contact us electronically by selecting the Contact Us button on our website, or by sending an e-mail to. E-mail should not be used to submit Stop Payment Requests or to send any other confidential information, such as account numbers.
DISCLOSURES FOR ACCOUNTS SUBJECT TO PREAUTHORIZED ELECTRONIC FUNDS TRANSFER SERVICES
DISCLOSURES OF ACCOUNT INFORMATION TO THIRD PARTIES
(a) Account Information Disclosure. We will only disclose information to third parties about your account or the transfers you make;
RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS
(a) Preauthorized Credits — If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (877) 753-9224 to find out whether or not the deposit has been made.
(b) Periodic Statements — You will get a monthly account statement, unless there are no transfers in a particular month. In any case you will get the statement at least quarterly.
RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS, PROCEDURE FOR DOING SO, RIGHT TO RECEIVE NOTICE OF VARYING AMOUNTS, AND FINANCIAL INSTITUTION'S LIABILITY FOR FAILURE TO STOP PAYMENT
(a) Right to stop payment and procedure for doing so — If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how:
You may place a Stop Payment Order on our web site (at www.personsbankingcompany.com) by logging into Personal or Business Internet Banking and selecting Stop Payment, and then follow the directions there. Or you may call us at (877) 753-9224, or write us at Persons Banking Company , P.O. Box 1188, Forsyth, GA 31029-1188. All of the above actions must be taken in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. (We will charge you $30.00 for each stop payment order you give.)
(b) Notice of varying amounts — If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.)
(c) Liability for failure to stop payment or preauthorized transfer — if you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
FINANCIAL INSTITUTION'S LIABILITY FOR FAILURE TO MAKE TRANSFERS
(a) Liability for failure to make transfers — If we do not complete a transfer to or from your account on time or in the correct amount according to your agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
Tell us at once if you believe your Access ID or Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you believe your Access ID or Password has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Access ID or Password without your permission. Also, if you do NOT tell us within 2 business days after you learn of the loss or theft of your Access ID or Password, and we can prove we could have stopped someone from using your Access ID or Password without your permission if you had told us, you could lose as much as $500. Also, 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 period.
Contact in the event of unauthorized transfer. If you believe your Access ID or Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed below.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
Telephone us at (877) 753-9224, or write us at P.O. Box 1188, Forsyth, Georgia 31029-1188, or send us a secure message using the Contact Us form from our web site, (at www.personsbankingcompany.com), 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 appeared.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a point-of-sale transaction or a foreign initiated transfer) 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 business days if the transfer involved a point-of-sale transaction or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a point-of-sale transaction or a foreign initiated transfer) for the amount you think is in error, so that you will have 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 10 business days, we may not credit your account. We will tell you the results within three business days after completing our investigation. If we decide that there was an error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
You should print this page and retain it in your files.