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Terms and Conditions
Peninsula Bank Online Banking
Agreement/Disclosure
Effective March 1, 2005
General Information:
This agreement governs the use of Peninsula Bank’s Online Banking
service and is made and entered into by and between Peninsula Bank
(“Bank”), also referred to as “we” and each person who signs the Bank’s
signature card/documents for the Account being accessed or is referenced
on the Bank’s records as an owner of the Account. Each customer on the
account is jointly liable for all transactions initiated through Online
Banking.
Business Days/Hours of
Accessibility: Banking business days are Monday through Friday,
excluding Saturday, Sunday and federal holidays. Access to your account
information through Online Banking is available 24 hours a day, 7 days a
week, except for interruptions due to system maintenance or conditions
beyond the Bank’s control.
Disclosures: Online
Banking Services and each of your accounts are governed by the
applicable Disclosures, Rates and Fee Schedules provided by the Bank at
the time you opened your account, which may be modified from time to
time.
Agreement: In order
to use Peninsula Bank’s Online Banking Service, you must agree to these
terms and conditions. By clicking the “I Agree” button at the end of
this Agreement, you agree to abide by all the terms and conditions of
this Agreement and acknowledge your receipt and understanding of this
Agreement. Please read this agreement carefully and you may print a
copy for your records if desired. This agreement is governed by federal
laws and regulations and, to the extent not preempted by federal law, by
laws and regulations of the state of Florida.
Account Information:
To subscribe to Online Banking you must maintain at least one Account
(checking, savings, certificate or loan account) with the Bank. Online
Banking will allow you to:
·
access multiple
accounts;
·
view account
balances;
·
view current
statement activity;
·
view previous
statement activity;
·
transfer funds
between accounts;
·
schedule automatic
transfers in advance;
·
make loan payments;
·
place stop payment
requests and
·
export activity to
Quicken, Quick Books or Excel.
In addition, you may send and
receive electronic mail from the Bank.
Access Restrictions:
The Bank reserves the right to deny the customer the ability to access
Online Banking and to limit access and/or transactions.
Service Cancellations:
The Bank reserves the right to cancel your Online Banking Service at
any time without advance notice to the customer. After cancellation,
service may be reinstated at the discretion of the bank. To reinstate
your service contact the Peninsula Bank Operations Department at
1-866-764-0006.
If you wish to cancel your Online
banking Service, please contact Peninsula Bank’s Operations Department
at 1-866-764-0006, send us cancellation instructions via e-mail or send
us cancellation instructions in writing to: Peninsula Bank Operations
Department, 7231 S. Tamiami Trail, Sarasota, Florida, 34231.
Fees: You are
responsible for paying any fees associated with Online Banking as
outlined in this agreement, as well as any fees that may be assessed by
your Internet Service Provider (ISP) and for any telephone charges or
fees incurred by accessing the Online Banking Service.
There is no fee for using the
Peninsula Bank Online Banking Service. Other fees may apply such as
stop payments requests. The Stop Payment request fee is $20.00 per
item and/or request.
Accessing Your Accounts and
Security: Peninsula Bank places great emphasis on the security
of your account information.
When you login to the Online
Banking Service for the first time, you will use your account number and
a temporary password we will provide you. You will then be prompted to
choose a new “Access ID” and a new “Password”. Because your password is
used to access your accounts, you should treat it as if you would any
other sensitive personal information. You should select a password that
is difficult to guess. Keep your password confidential and do not
disclose it to anyone. If despite the Bank’s advice, you give your
password to anyone, you do so at your own risk since anyone to whom you
give your password or other means of access will have full access to
your account(s) even if you attempt to limit the person’s authority.
You are liable for all transactions made by persons authorized to use
your password.
You should not under any
circumstances disclose your password to anyone claiming to be a
representative of Peninsula Bank whether over the phone or via e mail.
Bank employees do not ever need to know your password to assist you with
any problems or issues regarding the Online Banking Service.
We strongly urge you to change
your password every 60 days. This can be done at any time once you are
logged in, from the “Options” menu.
First Time User:
Once you login as a “First Time User” you will be required to change the
initial “Access ID” and “Password” and select an “Access ID” and
“Password” known only to you.
·
The Access ID
you select may be a combination of alpha/numeric characters, from six
(6) to sixteen (16) digits.
·
The Password
you select must be a combination of alpha/numeric characters (at least
one (1) of each) from eight (8) to sixteen (16) digits. Passwords are
case sensitive (you must entered them exactly as input with upper/lower
case characters)
·
Passwords can
be changed at anytime by the customer and by any other person to whom
the customer provided the password.
·
If at anytime you
forget your password or lockout your account, you must notify the
Peninsula Bank Operations Department at 1-866-764-0006 to unlock your
account and issue you a new temporary password. Your password is not to
be disclosed to Peninsula Bank employees at any time through use of the
Online Banking Services.
If you suspect that an
unauthorized person has access to your password or believe your password
has been lost or stolen or someone may attempt to use the Online Banking
Service without your consent or has transferred funds without your
permission, you must notify Peninsula Bank immediately. You hereby
release the bank from any liability and agree not to make any claim or
bring any action against the Bank for honoring or allowing any actions
or transactions where you have authorized the person performing the
actions or transactions to use your account(s) and/or have given your
password to such person, or, in the case of a jointly held account, such
person is one of the account owners. You agree to indemnify the Bank
and hold it harmless from and against any and all liability (including
but not limited to reasonable attorney fees) arising from such claims or
actions. Additional information regarding liability for unauthorized
transactions and error resolutions are covered below in this Agreement.
Your session time is unlimited,
but to assist in preventing unauthorized access and ensure the security
of you accounts, we will end your online session if we detect no
activity for 15 minutes. This is to protect you in case you leave your
computer unattended after you login. When you return to your computer,
you will be prompted to re-enter your password and your session will
continue.
Your Rights and
Responsibilities: In addition to this Agreement, you agree to
be bound and comply with the Account Agreement and Account Disclosure,
the rules and regulations of the electronic transfer system, and state
and federal laws and regulations. You, the consumer, are responsible
for keeping your password and account data confidential. Peninsula Bank
is entitled to act on instructions received through online banking under
your password and without inquiring into the identity of the person
using that password. You agree that the use of your password has the
same effect as your signature, authorizing the transaction(s). If you
authorize other persons to use your password in any manner, your
authorizations will be considered unlimited in amount and manner until
you have notified us in writing that you have revoked the authorization,
changed your password, and that you are responsible for any transactions
made by such persons until such time as we receive and have time to act
upon notification that the transactions by that person, or instructions
regarding you accounts, are no longer authorized.
Electronic mail to the Bank may be
delayed; therefore, if you need the Bank to receive information
concerning your account immediately, you must contact the Bank in person
or by telephone. The Bank shall have a reasonable period of time after
receipt to act on requests or information you send by electronic mail.
Account Information and
Transfers: Account balances and activity is current
information. Transactions between related accounts initiated by you
using the Online Banking Service and received by the bank before 4:30 PM
EST on a Business Day will be effective on that Business Day.
Transactions between related accounts initiated by you using the Online
Banking Service and received by the bank after 4:30 PM EST on a Business
Day, or on any non-Business Day, will be effective the following
Business Day.
Unavailable, Delayed or
Inaccurate Account Information: Peninsula Bank places great
emphasis to provide you with complete, accurate and timely account
information through the Online Banking Service. However, unless
otherwise required by law, we will not be liable to you if any such
information is unavailable, delayed or inaccurate.
Limits on Frequency and
Amount of Transfers: Federal regulations require us to limit
either by contract or in practice the number of certain types of
transfers from Money Market and Savings Accounts. Under these
regulations, you are limited to six (6) preauthorized electronic funds
transfers each month, including telephone transfers, Online banking
transactions, checks and point-of-sale transactions. Of these six (6)
transactions, you are limited to no more than three (3) transactions per
month by check or point-of-sale. Payments to your Peninsula Bank loan
accounts are not counted toward this limit. Subject to availability of
funds in your designated checking account, there are no limits on the
dollar amount of transfers to or from your account.
Periodic Statements: The
Bank will mail to you periodic statements for your account as disclosed
in your deposit agreements. The Bank will include any transfers you
authorize through the Online Banking Service on your statements. You
agree to review your periodic statements in accordance with this
Agreement and any other Deposit Agreements governing your account, for
accuracy of all data transmitted through the Online Banking Service.
You should promptly notify the Bank of any discrepancies, including but
not limited to, any errors or inaccuracies related to data transmitted
by the Online Banking Service.
Electronic Funds Transfer
Disclosures and Agreement Terms: Some of the terms set forth
below are governed by the Electronic Funds Transfer Act (EFT Act) and
are only applicable to consumers. Commercial Accounts are not entitled
to the rights provided under the EFT Act.
Unauthorized Transactions:
Tell us AT ONCE if you believe your online password has been lost or
stolen or if you believe your password may have been used without your
permission. Telephoning us is the best way to keep your possible losses
to a minimum. If you tell us within two (2) Business Days, you can lose
no more that $50 if someone used your online password without your
permission. If you do NOT tell us within two (2) Business Days after
you learn of the loss or theft or unauthorized use of your password, and
we can prove that we could have stopped someone from using your password
without your permission if you had told us, you could lose as much as
$500.
If your statement shows transfers
that you did not make, tell us at once. If you do not tell us within
sixty (60) days after your statement was mailed to you, you may not get
back any money lost after the sixty (60) days if we can prove that we
could have stopped someone from taking money if you had told us in time.
If a good reason, such as a
confirmed extended trip or hospital stay, kept you from telling us, we
will extend the time periods.
Contact in the Event of
Unauthorized Transfers: If you believe your online password has
been lost or stolen or that someone has transferred or may transfer
money from you account without your permission, call Peninsula Bank
Operations Department at 1-866-764-0006, or you can e-mail us at
customerservice@peninsulabank.com
or write us at Peninsula Bank,
Operations Department, 7231 S.
Tamiami Trail, Sarasota, Florida, 34231.
In case of errors or questions
about your electronic transfers, telephone us, e-mail us or write to us,
as indicated above. Contact us as soon as you think your statement is
in error or you need more information about the transfer listed on your
statement. We must hear from you no later than sixty (60) days after we
mailed you the FIRST statement on which the error or problem appeared.
When you contact us about the error or problem please include the
following information:
ü
your name and
account number
ü
describe the error
or problem
ü
explain why you
believe it to be an error
ü
tell us the dollar
amount of the error
If you tell us orally, we may
require that you send us your complaint or question in writing within
ten (10) Business Days.
Error Resolutions:
We will determine whether an error occurred within ten (10) Business
Days after we hear from you and correct any error promptly. If we need
more time, however, we may take up to forty-five (45) calendar 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 that you will have use of the funds
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 provisionally credit your
account.
For errors involving new accounts,
point-of-sale, or foreign initiated transactions, we may take up to
ninety (90) calendar days to investigate your complaint or question.
For new accounts (an account that has been opened less than thirty (30)
days), we may take up to twenty (20) Business Days to provisionally
credit your account for the amount you think is in error.
We will tell you the results of
our investigation 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 we used in
our investigation.
Our Liability for Failure to
Make Transfers: If we do not complete a transfer to or from
your bank account on time or in the correct amount according to our
agreement with you, and if the transfer was to or from a consumer
account, we will be liable for your losses or damages. However, there
are some exceptions. We will not be liable:
·
if, through no fault
of ours, you do not have enough money in your account to make the
transfer;
·
if a legal order
directs us to prohibit withdrawals from the account;
·
if funds in your
account have been frozen;
·
if your account is
closed;
·
if a hold has been
placed on your account for uncollected funds;
·
if the transfer
would cause the account to become overdrawn beyond the balance of the
account plus any overdraft protection;
·
if you, or anyone
you allow, commits fraud or violates any law or regulation;
·
if any electronic
terminal, telecommunication device or any part of the electronic funds
transfer system is not working properly; If circumstances beyond our
control (such as fire, flood, hurricane, or improper transmission)
prevent the transfer , despite reasonable precautions taken by us or
·
any other exceptions
stated in our Agreement with you.
Confidentiality:
Please refer to our Consumer Privacy Policy Disclosure provided to you
or on our website for a complete description of our policies and
practices relating to the disclosure of your information to third
parties.
Changes to Fees, Charges and
Other Terms: Peninsula Bank reserves the right to change the
fees, or other terms outlined in this Agreement. We will notify you
thirty (30) days prior to implementation of changes, either by written
notice or e-mail, and we will also update this Agreement, if the changes
to this Agreement are more restrictive than those stated in the
Agreement, or increase your responsibility for unauthorized
transactions. In the event that a change is necessary to ensure the
security of the Online Banking Service, an immediate change may be
necessary, and we will notify you within thirty (30) days after the
change is made by written notice or e-mail. You may choose to accept or
decline changes by continuing or discontinuing the services to which
changes relate. We reserve the option to waive, reduce or reverse
charges or fees in individual situations. Changes to fees applicable to
specific accounts are governed by the Account Agreement and Disclosures.
Limitations on Bank
Liability: Peninsula Bank will not be responsible for the
following incidents, errors or failures:
Access – We will not be
responsible for failure to provide access or for interruptions in access
to Peninsula Bank’s Online Banking Service due to a system failure or
other unforeseen acts or circumstances.
Your Computer Equipment or
Software – We will not be responsible for any errors or failures
from any malfunction of your computer or any computer virus or other
problems related to your computer equipment used with Peninsula Bank’s
Online Banking Service.
We are not responsible for any
error, damages, or other losses you may suffer due to the malfunction or
misapplication of any system you use, including your browser, your
Internet Service Provider (ISP), your personal financial management or
other software, or any other equipment you may use (including your
telecommunications facilities, computer hardware and modem) to access or
communicate with Peninsula Bank’s Online Banking Service.
Other Provisions:
Electronic Notice – With
your consent, we may send notices to you by electronic mail (e-mail).
You may use e-mail to contact us about inquiries, maintenance, and/or
some problem resolution issues. E-mail may not be a secure method of
communication. We therefore recommend that you do not send confidential
personal or financial information by e-mail.
Warranty and Software
Limitations – Neither we, nor any software suppliers, nor any
information providers, make any warranty, expressed or implied, to you
concerning the software equipment, browser or other services including,
but not limited to, any warranty of merchantability or fitness for
particular purpose (or non-infringement of third-party rights), unless
disclaiming such warranty is prohibited by law.
Ownership of Website – The
content, information and offerings on our Website are owned by Peninsula
Bank, and the unauthorized use, reproduction, linking or distributions
of any portions is strictly prohibited.
Scope of Agreement – This
Agreement represents our complete Agreement with you relating to our
provision of the Peninsula Bank Online Banking Services. No other
statement, oral or written, including language contained in our Website,
unless otherwise noted, is part of this Agreement.
Assignments – The Bank may
assign certain rights and responsibilities under this
Agreement to other affiliated
third parties.
Geographic Restrictions –
The Peninsula Bank Online Banking services described in this Agreement
and available on our Website are solely offered to citizens and
residents of the United States of America currently residing in the
Untied States of America. Citizens and residents outside the United
States of America may not be able to access the Peninsula Bank Online
Banking service.
CERTIFICATION: I
certify that I have read, understand and agree to all terms, conditions
and disclosures indicated on the previous screens. My initial use of
Peninsula Bank’s Online Banking Service constitutes my acceptance and
agreement to be bound by all the terms and conditions of the Agreement
and acknowledge my receipt and understanding of this Agreement.
The Bank has the right to
modify or terminate this Agreement at any time. We will comply with any
notice requirements under applicable law for such changes or
termination. If we terminate this Agreement, no further Online Banking
transfers will be made, including but not limited to any payments or
transfers scheduled in advance, any preauthorized recurring payments or
transfers as well as any other services provided through the Online
Banking Service. If we modify this Agreement, your continued use of the
Online Banking Services will constitute your acceptance of such changes
in each instance. |
