ONLINE BANKING TERMS AND CONDITIONS
The first time you access your accounts through the Online Banking service, you must accept and agree to the terms and conditions provided within this Online Banking Agreement. The bank may introduce new services through Online Banking, and by using those services, you agree to the terms and conditions pertaining to those services.
Benefits of Online Banking
Online Banking enables you to access and manage your eligible accounts using a personal computer. An Online Banking user can also enroll in Mobile Banking service to enable smartphone and other mobile device access. Online Banking can be used to obtain real time balances and transaction history for eligible enrolled accounts, to transfer funds between eligible accounts and to make loan payments. You also have the option to enroll in Bill Pay service to make online payments to any merchant, financial institution or individual with a U.S. address. Business users also have the option to enroll in cash management services to enable ACH file origination and initiate wire transfer requests.
Eligible Accounts
Eligible accounts include checking, savings, money market, time deposits, IRAs and loan accounts for which you are a primary or secondary owner, or identified as an authorized user.
Security & Protecting Your Accounts
Online Banking utilizes SSL (Secure Socket Layer) technology which supports 128-bit key encryption to establish a secure session. A comprehensive security strategy and layered control procedures are used to protect customer account information and any transactions initiated through Online Banking service. Users are responsible to review all account activity on a regular basis, and report any errors or unauthorized transactions to the bank immediately.
User Requirements
An enrolled user must possess a valid Online Banking user ID and establish a confidential password to access Online Banking to view and manage eligible accounts. A single sign-on with your user ID and password will allow access to both services: Online Banking and (optional) Bill Pay. You will be required to enter your user ID and password each time you login to access online banking. It is recommended that you refrain from sharing your access credentials with co-owners. Each account owner should obtain their own access credentials. Access to Online Banking requires the user’s personal computer to utilize a compatible web browser with security cookies and JavaScript enabled. Users are advised to employ appropriate software to protect and secure their PC from viruses and other malware. The bank is not responsible for any electronic virus you may encounter using Online Banking service. We encourage you to routinely scan your computer using a reliable virus protection product to detect and remove viruses which can corrupt your programs, files and hardware.
Password
Your user ID and confidential password provide access to your bank accounts and enables transactions through the Online Banking service. For security purposes, it is recommended that you maintain strict confidentiality of your password, and change your password regularly. Your password can be changed on our Online Banking site. You are solely responsible for keeping your password confidential; no bank employee has access to your password, and no bank employee will ask you for your password. If you provide your password to another person, you are authorizing that person to access your account information through Online Banking. You are solely responsible if that person views your account information or performs any transactions.
Service Availability
Online Banking is intended to be available for user access twenty-four (24) hours a day. However, real time online banking data is not available for access during the daily system posting update which occurs in the evening hours, and during the system back-up process which occurs during the late evening or early morning hours. Both occurrences of scheduled system downtime will generally be limited to five minutes or less. Unplanned system downtime can also be experienced when technical issues occur which are beyond the bank’s control. While the bank cannot guarantee Online Banking will be available in real time mode 24 hours a day, the bank will strive to minimize the number of occurrences of system downtime.
Fees and Charges
There are currently no set-up fees or other charges to enroll eligible accounts in Online Banking to view account information or complete internal funds transfers. However, certain Online Banking services, such as business cash management transactions, and stop payment requests, are subject to a service fee.
Restrictions
You may not violate any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Online Banking service. You may not access or attempt to access the Online Banking server, network or any data of the bank or its service providers which you are not specifically permitted to access. You must not include obscene, libelous, scandalous or defamatory content in your communications with the bank or its service providers.
Liability
You are solely responsible for maintaining the confidentiality of your password. You are liable for payment transactions you initiate, as well as payments you authorize another person to initiate even if that person exceeds his or her authority. If you want to terminate another person’s authority, you can change your password on the Online Banking site. The bank is not responsible for your acts or omissions, or those of any other person you authorize to act on your behalf.
The bank is not liable for any act, failure to act, or any delay in acting caused in whole or in part by circumstances beyond the bank’s control.
Neither the bank nor its service provider will be liable for any transaction in the event:
- there are insufficient funds in your account to complete the transaction;
- the transaction amount exceeds the funds available for overdraft protection;
- a legal order or account freeze prohibits withdrawals from your account;
- your account has been closed;
- you commit fraud or violate any law or regulation in conjunction with using Online Banking services;
- you did not provide complete and accurate information;
- you did not follow the instructions for using Online Banking services; or
- Online Banking was not operating properly at the time you initiated the transaction.
Amendment and Termination
The bank has the right to change this Agreement at any time by providing notice to you. Notice may be mailed to you at the physical address on file with the bank, sent to you via e-mail message, posted in the bank’s offices or provided in any other manner permitted by law.
The bank has the right to terminate this Agreement at any time. You may terminate this Agreement by providing written notice to the bank. The bank is not responsible for any transactions initiated before the bank has reasonable opportunity to act on your termination notice. You are responsible for those transactions processed on your behalf.
Unauthorized Transactions
Notify the bank immediately if you believe anyone has improperly obtained your password, or if you suspect fraudulent activity has occurred in your account(s). If your password has been compromised and you notify us within two (2) business days of discovering the loss or misappropriation, your responsibility for the charge is capped at $50. If you do not notify the bank within two (2) business days, and we could have stopped the unauthorized use of your accounts had we been notified, you could be responsible for as much as $500. Contact the bank promptly if you identify any errors or discrepancies in your account or if additional information is needed about a transaction listed on your account statement. You must notify the bank as soon as an error occurs, but no later than sixty (60) days after we have sent the first statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within ten (10) business days. If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can prove the loss could have been avoided if you had notified us on time. These time periods may be extended if extenuating circumstances exist (such as out of state travel or hospitalization).
When you report a problem or discrepancy, please provide: (1) your name and account number; (2) a description of the error or the transaction in question, including an explanation of why you believe it is in error and what additional information you are requesting; and (3) the dollar amount of any suspected error. Generally, we will report the results of our investigation to you within ten (10) business days after we hear from you, or twenty (20) business days in the case of point of sale or international transactions. However, we may take up to forty-five (45) days to investigate your complaint or question, or ninety (90) days in the case of point of sale or international transactions. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of the bank’s request to do so, we reserve the right to not provisionally credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of a point of sale or an international transaction. If we determine that there was no error, we will send you a written explanation within three (3) business days after completing our investigation, and the bank will debit any provisional amounts credited to your account. You may request copies of any documents the bank used and considered when completing our error investigation.
Secure Messaging
Online Banking provides the capability to send secure messages to the bank, and receive secure messages from the bank. This feature ensures the confidentiality of the information being exchanged between the user and the bank. Secure messages may not always be delivered immediately, so timesensitive matters which require immediate attention or follow-up action are handled more effectively by calling the bank for customer service assistance. Secure messaging may not be used to request funds transfers or make loan payments.
Electronic Mail (E-mail)
E-mail is an accepted method for communicating with the bank. However, regular e-mail messaging is not a secure method for transmitting confidential, nonpublic information (such as account numbers and related account balances) to the bank. E-mail cannot be used to initiate Online Banking transactions; all transactions must be initiated using the appropriate functions within the Online Banking service. The bank will not be liable for any errors, omissions, claims, or problems which arise from a customer’s use of unsecured e-mail to communicate confidential, nonpublic information.
Disclosure of Information
Information submitted to the bank or its service provider is used to facilitate the processing of transactions or payments initiated by the Online Banking service user. The information may be disclosed to enable the bank or its service providers to complete transaction processing, to comply with legal orders from government agencies or the court, or if written permission to disclose the information has been received from you.
Links to other Sites
Information the bank publishes on the bank’s website may contain links to other sites managed by third parties. The bank makes no representation about any other websites a user may access through the bank’s website. Unless expressly stated in writing, the bank does not endorse the products or services offered by the company or person maintaining any third party site, and the bank is not responsible for information published on the site of any third party. To protect your computer and your data from viruses, malware and other destructive programs, exercise caution when downloading website files.
Damages and Warranties
In addition to the terms and conditions previously disclosed, the bank is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or damages caused by using the Online Banking service.
The bank and its third party providers will not be liable for any failure to perform or any loss arising from a situation beyond our reasonable control. This includes, but is not limited to, a communication breakdown or interruption, an act of God, or an issue which impedes the delivery or the security of any data in transit. The bank provides Online Banking service for the convenience of our customer base, but makes no representation or warranty that any information or functionality included in Online Banking is appropriate for your use. If you choose to use the services, you do so on your own initiative, and you are solely responsible for compliance with applicable local laws and regulations. Neither the bank nor its service providers warrant the adequacy, accuracy or completeness of any information provided as a part of the Online Banking service, or contained in any third party sites linked to the bank’s website.
The bank makes no representations or warranties regarding the accuracy, functionality or performance of the Online Banking services, or any software used in conjunction with those services. The bank disclaims any expressed or implied warranties, including any warranties of merchantability, fitness for a particular purpose or error-free operation.
Indemnification
An Online Banking user shall indemnify, defend and hold harmless the bank, and its officers, employees, directors, service providers and agents, in their individual capacities or otherwise, from and against any losses arising due to the user’s negligence; failure to comply with applicable law; or failure to comply with the terms of this Agreement.
Applicable Rules, Laws, and Regulations
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Lycoming County, Pennsylvania, U.S.A. The prevailing party in any such action shall be entitled to recovery of reasonable attorney’s fees, costs, and expenses.
Assignment
The bank may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party service provider.
Integration
This Agreement constitutes the entire understanding of the parties with respect to the subject matter conveyed by this Agreement. All prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. This Agreement is in addition to any other deposit or loan account agreements and compliance disclosures executed between you and the bank.
Severability
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the bank, this Agreement will control.
Waiver
The bank shall not be deemed to have waived any of its rights under this Agreement. No waiver by the bank of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Force Majeure
Neither party shall be liable for any loss or damage due to causes beyond its control, including fire, explosion, lightning, pest damage, water, the elements, or acts of God; power surges or failures, strikes or labor disputes, or acts or omissions of communications carriers; war, civil disturbances, acts of civil or military authorities or the public enemy; the inability to secure raw materials; transportation facilities, fuel or energy shortages; or other causes beyond that party’s control. Either party may terminate this Agreement immediately upon written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
Construction
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to comply with the requirements of that law.
I have read and acknowledge my understanding of the terms and conditions of the foregoing Agreement and agree to be legally bound by all its terms.