The Peoples Bank Online Banking Agreement
The Peoples Bank Online Banking shall be accessible to you at the URL http://www.thepeoples.com. In this Online Banking Agreement “Agreement,” The Peoples Bank, Biloxi, Mississippi will be called “Bank,” “we,” “our,” and “us,” and YOU, the customer, will be called “Customer,” “you,” and “your.” The terms “you” and “your” as used in this Agreement apply to joint depositors and owners, individually and collectively. “Account(s)” means any Checking, Savings, Certificate of Deposit, Christmas Club, IRA, Trust or Loan Account that you have with The Peoples Bank in which you conduct transactions.
This Agreement governs in conjunction with other agreements between you and the Bank, including but not limited to your signature card, Deposit Account Agreement, Electronic Funds Transfer Act Disclosure, Cash Management Services Agreement, Trust Agreement, and any loan agreement(s). By using Online Banking to conduct a transaction or review a balance, you agree to the terms of this Agreement.
Online Banking access requires at least one Account with The Peoples Bank. In order to access your Account, the Bank will issue you a Login Identification Number (Login ID) and a Personal Identification Number (PIN). The first time you sign on, you will be instructed to change your PIN. You will also have the opportunity to change your Login ID. You should keep your PIN secret to prevent unauthorized use. You agree that the use of your PIN will have the same effect as your signature authorizing transactions. Any person having access to your PIN will have access to Online Banking and can perform transactions such as reviewing all of your Account(s) information as well as making transfers to other Accounts or to other persons even if that person exceeds your authority. If you have given someone your PIN or other means of access and want to terminate that person’s authority, you must change your identification number to prevent further access by such person immediately.
You must specify the Account(s) you wish to have “linked” to your Login ID. Only linked Account(s) may be accessed. Any single authorized signer on the Account(s) will have authority to view and conduct transactions to a linked account. Authorized signers are designated on the signature card or account agreement for each Account.
To access Online Banking you need an Internet connection with a Web browser that is 128-bit encryption compatible. You will have the opportunity to test your Browser before access. You are responsible for the set-up and maintenance of your personal computer. The Bank is not responsible for any errors or failures from any malfunction of your computer.
You or someone you have authorized by giving that person your Online Banking PIN can instruct us to perform the following transactions:
- Access Accounts as well as make transfers between Accounts.
- Obtain Account balances. Your Account balance may show funds that have been credited to your Account but that are not yet available for withdrawal, as well as reflect current day transactions.
- Transfer from Account to make loan payments at The Peoples Bank.
- Pay bills through the Bill Pay Service (if applicable).
- Review history of past transactions for Accounts.
- Send E-Mail messages to us. Messages sent by electronic mail (E-Mail) may not be secure and may be intercepted by third parties.
- Initiate Stop Payment requests (some restrictions apply).
- Initiate Check Order requests (some restrictions apply).
Privacy. The Peoples Bank recognizes the importance of your right to privacy. Please see our current Privacy Statement posted on the Bank’s website.
Limits on Peoples Banking Transactions. Federal banking regulations limit Money Market Accounts to six electronic transfers and withdrawals per month. Excessive activity will result in a $10.00 service charge per item over six during the month and/or the account being closed or transferred to a non interest bearing account.
We reserve the right to refuse to make any payment you have requested. We will notify you if we refuse to complete your payment instructions.
Business Days. Our Business Days are Monday through Friday, excluding holidays. Online Banking service is generally available 24 hours a day, 7 days a week. However, one business day delay may occur in completing transactions between your Accounts. Transactions occurring between 12 a.m. (midnight) and 6 p.m. Central Time on a business day will be posted to your Account on the same business day. Transactions occurring between 6 p.m. and 12 a.m. (midnight) Central Time, on a business day, will be posted on the next business day. Transactions received between 6 p.m. Central Time Friday and 12 a.m. (midnight) Sunday will be posted on the next business day. Contact the Bank for a list of banking holidays.
Balance Inquiries. You may use Online Banking to check balances of your linked accounts. Deposits still subject to verification by the Bank may be included in your balance. Your account balance(s) with the Bank may differ from your records because of deposits in progress, outstanding checks, and the time involved in processing items or other withdrawals, payments, or charges.
Fees. Your Accounts remain subject to fees, charges, balance requirements, and other restrictions explained in your Deposit Account agreement and related documents. These charges were explained to you at the time you opened your Account. You should also refer to the Truth in Savings Disclosure that you received at the time you opened your account. The Bank reserves the right to amend or change the fees upon written notice to you within the time frame allowed by applicable law.
E-Mail. You agree to not use E-Mail to send the Bank communications that contain confidential information, and instead call the Bank at 1-800-873-6468 or write the Bank at P. O. Box 529, Biloxi, MS 39533-0529. You cannot use E-Mail to initiate transactions to your Account, change address information or request certain services. Types of transactions available in the website www.thepeoples.com are described under Online Banking or you may contact the Bank by telephone or mail.
Stop Payments. Stop payments may be placed on checks that you have written or authorized by using Online Banking. In order to cancel a draft on your Account, you must notify the Bank by calling 1-800-873-6468 or writing to P. O. Box 529, Biloxi, MS 39533-0529.
Your Liability for Unauthorized Transactions. Tell the Bank AT ONCE if you believe that your PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission or if you suspect any fraudulent activity on your Account. To notify the Bank, call 1-800-873-6468 or write to P. O. Box 529, Biloxi, MS 39533-0529. Telephoning is the best and fastest way of keeping your possible losses down. You could lose all the money in your Account accessed by your PIN.
If you notify the Bank within two business days after you discover that your PIN has been lost or stolen, you can lose no more than $ 50.00 if someone uses your PIN without your permission. If you do not tell the Bank within two business days after you learn of the loss or theft of your PIN and the Bank can prove the Bank could have stopped someone from using your PIN without your permission, had you told the Bank, you could lose as much as $ 500.00.
If your statement shows transfers that you did not make or authorize, notify the Bank AT ONCE. If you do not contact the Bank within 60 days after the statement was sent, you may lose any amount transferred without your authorization after the 60 days if the Bank can prove that the Bank could have stopped someone from taking the money if you had contacted the Bank in time. If a good reason (such as a long trip or hospital stay) prevented you from notifying the Bank, the Bank may extend the time periods.
Errors and Questions. In case of errors or questions about your electronic transfers or payments, you should call 1-800-873-6468 or write to The Peoples Bank, P. O. Box 529, Biloxi, MS 39533-0529 as soon as you can if you think that your statement contains an error or if you need more information about a transfer listed on your statement. The Bank must hear from you no later than 60 days after you received the first statement in which the problem or error appeared. When you notify the Bank, please provide the following information: (1) your name and relevant account number; (2) a description of the error or the transfer in question and an explanation why you believe it is an error or why you need more information; and (3) the dollar amount of the suspected error.
If you tell the Bank orally, the Bank may require that you send your complaint or question in writing within ten (10) business days. The Bank will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If the Bank needs more time, the Bank may take up to forty-five (45) days to investigate your complaint or question. If the Bank needs additional time, the Bank will provisionally credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and do not receive it within ten (10) business days, the Bank may not credit your account.
If the Bank decides there was no error, the Bank will send you a written explanation within three (3) business days after the Bank finishes its investigation and debit your account for the amount of any provisional credit made. You may ask for copies of documents that were used in the investigation.
Limitation of Liability. Unless otherwise required by law, in no event will The Peoples Bank be liable for any damages, including without limitation direct or indirect, incidental, consequential, or special damages, losses or expenses arising in connection with this Agreement or in connection with (a) the failure of performance, error, omission, interruption, defect, or delay in operation of any computer hardware or software or in the transmission of any electronic data, (b) any computer virus, or (3) any time or system failure. This limitation on the liability of The Peoples Bank shall apply even if The Peoples Bank, or representatives thereof, are advised of the possibility of such damages, losses, or expenses. Hyperlinks to other Internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by The Peoples Bank.
Liability for Failure to Complete Payments or Transfers. There are exceptions to our liability for processing transactions on your Accounts. The Bank will not be liable, for instance:
- If, through no fault of the Bank, you do not have enough available money in the Account from which a payment or transfer is to be made, including any overdraft line of credit or if the Account has been closed or is not in good standing.
- If your equipment or ours was not working properly and the breakdown should have been apparent to you at the beginning of the transaction.
- If the funds in your Account from which a payment or transfer is to be made is subject to legal process or another claim restricts the transaction.
- If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
- If circumstances (including but not limited to fire, flood, or interruptions in electric or telephone service) or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.
- If you have not given us complete, correct or current information so that we can properly complete the transaction. If your operating system or software was not properly installed or functioning properly.
- There may be other exceptions stated in our other agreements with you. Our liability is limited to the extent permitted by applicable law.
Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Mississippi, without reference to the choice of law provisions thereof. All aspects of all actions brought relating to the subject matter of this Agreement shall be governed by Mississippi law, without reference to the choice of law provisions thereof.
Waivers. No delay or omission by us in exercising any rights or remedies there under shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise thereof or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.
Assignment. You may not assign this Agreement to any other party. The Bank may assign this Agreement or delegate any or all of its rights and responsibilities under this Agreement to any third parties.
Amendments. The Bank may amend or change any of the terms and conditions of this Agreement at any time upon written notice to you at least thirty (30) days before the effective date of the amendment or within the time required by applicable law. Your continued use of Peoples Banking constitutes your agreement to the amendments. The terms of your other Account agreements shall continue to apply.
Termination. Online Banking services will remain in effect until terminated by you or the Bank. You may cancel at any time by notifying the Bank in writing at The Peoples Bank, P. O. Box 529, Biloxi, MS 39533-0529. This cancellation applies only to your Online Banking services and does not terminate your other relationships with us. The Bank may terminate your participation in Online Banking for any reason, at any time. The Bank will try to notify you in advance, but are not obliged to do so.
Mobile Deposit Services
Mobile Deposit Services is a separate service available to certain customers of the Bank. There are qualification and enrollment requirements for participation in the Mobile Deposit Services, and the Bank reserves the right to change the qualification requirements at any time without prior notice. This service is designed to allow you to make deposits to your designated checking or savings accounts from a camera-enabled mobile device. You must have enrolled in online banking and have a depository relationship for a minimum of 30 days. Deposits made through the Mobile Deposit Service are subject to all limitations and terms set forth in the Bank’s deposit agreement, including without limitation, those terms related to deposit acceptance, crediting, collection, endorsement, processing order, and errors.
Eligible Items. You agree to scan and deposit only “checks” as defined in Federal Reserve Regulation CC (“Reg CC”), except for those checks that are Prohibited Items as defined below. You agree that the image of the item transmitted to us shall be deemed as “item” within the meaning of Article 4 of the Uniform Commercial Code, which means an instrument or promise or order to pay money handled by a bank for collection or payments. The term does not include a payment for ACH or wire transfer. Cash and coins are not accepted through Mobile Deposit Services.
Prohibited Items. You agree that you will not use Mobile Deposit Services to deposit the following items:
- U.S. Treasury Checks;
- Cashier’s Checks, Money Orders, or Travelers Checks;
- Insurance Claim Checks;
- Checks payable to “Cash”;
- Savings Bonds;
- Checks previously converted to a substitute check (i.e., electronic image created from paper checks);
- Checks that have previously been returned unpaid for any reason;
- Checks that are not payable in United States currency;
- Checks that are drawn on a bank located outside the United States;
- Checks payable to any person or entity other than you (even if endorsed over to you);
- Checks containing alterations to any of the fields on the front of the check or any item you know or suspect is fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;
- Checks payable on sight or payable through drafts, as defined in Reg CC; or
- Checks that exceed the deposit limits established for Mobile Deposit Services.
Processing of any prohibited items shall not obligate the Bank to continue that practice, and the Bank may stop doing so without cause or prior notice.
Check Requirements. The image of a check transmitted using Mobile Deposit Services must be legible and provide all of the information on the front and back of the check. The Bank may reject your deposit if the image is not satisfactory. Receipt of the image does not guarantee acceptance of the image. You agree that the Bank shall not be liable for any damages resulting from a check’s poor image quality, including those related to rejection of or the delayed or improper crediting of such a check, or from any inaccurate information you supply regarding the check. The manner in which the checks are cleared, presented (or re-presented) for payment, and collected shall be in the Bank’s sole discretion as set forth in the deposit account agreement governing your deposit account.
Endorsements. Before transmission, you will need to restrictively endorse any check transmitted correctly through Mobile Deposit Services as “For Mobile Deposit Only” in addition to your Account Number and Signature Endorsement. You agree to follow any and all other procedures and instructions for use of Mobile Deposit Services as the Bank may establish from time to time. You agree to supply any information in your possession that the Bank requests regarding a check deposited or attempted to be deposited through Mobile Deposit Services.
Limits for Deposits. The Bank reserves the right to impose limits on the amount(s) and/or number of deposits through the Mobile Deposit Services. Current limits are five (5) checks deposited per day, one check at a time, and a maximum of $ 1,000 per day. Through Mobile Deposit Services you may deposit twenty (20) checks per month for a maximum dollar amount of $ $2,500. Higher limits may be available upon approval. The Bank may modify these limits from time to time, and permit you to exceed the limits; however we may cease doing so at any time without notice or cause.
Availability of Funds. The Bank will make funds available for checks and items received, accepted, and successfully processed through Mobile Deposit Services according to the Bank’s Funds Availability Policy. Generally deposits made before 6:00 p.m. CST or on a Saturday, Sunday, or federal holiday, will be available the next business day. For deposits made after 6:00 p.m. CST, funds will be available on the second business day. The Bank may elect to extend the hold period for any reason and will notify you accordingly. Provisional credit (memo-credit) will not be granted for deposits made through Mobile Deposit Services. This means you will not be able to draw cash against deposits made through the service until the deposit has been posted to your account. Deposits made using Mobile Deposit Services are posted during the nightly processing. If a deposited check is returned to the Bank for any reason, the Bank reserves the right to charge back the check to your account. A charge-back check fee will be incurred. The check may be returned to you as a substitute check. If you decide to redeposit the returned check, you may only redeposit the returned check we provide you, not the original item. Substitute checks are Prohibited Items for purposes of this Agreement and may not be deposited using Mobile Deposit Services. The Bank is not responsible for the unavailability of the Mobile Deposit Service deposit or any damages that may result from its unavailability.
Confirmations. The Bank will provide you with an electronic confirmation at the end of each transmission, confirming receipt of your check image and deposit information. This confirmation does not imply that the transmission was error-free or complete. If you do not receive a confirmation, it may mean that the Bank did not receive your transmission or that there was a problem with some of the information. If the item information received is not complete and otherwise unusable for any reason, the Bank may reject the item, notwithstanding any confirmation by us of its receipt. You agree to verify that your deposits have been correctly posted to your account each day and to notify the Bank immediately of any discrepancy.
Disposal of Transmitted Checks. After the deposit has posted to your account, you agree to prominently mark the check as “Electronically Presented” or “VOID” to ensure that it is not presented again for payment. You agree to retain and safeguard the original check for a maximum of 30 days in a secure manner. The original check should not be re-presented to the Bank or any other party after it has been accepted through Mobile Deposit Services unless directed to do so by the Bank. After 30 days, you agree to destroy the original check. During the time the retained check is available, you will promptly provide it to Bank as requested to resolve any issues or audit purposes.
Fees. The Bank does not currently charge a fee for using the Mobile Deposit Services. You are solely responsible for the cost of any telephone service charges, network connection fees, communication lines, and other charges payable to third parties. Standard text messaging (also referred to as SMS messaging) fees from your wireless telecommunications provider may apply.
Change in Term. This agreement is subject to change from time to time. The Bank will notify you of any material change, including fees, via email, text/statement message or on our website. Your continued use of the service will indicate your acceptance of the revised agreement. Further, the Bank reserves the right, in its sole discretion, to change, modify, add or remove portions from the service.
Termination. Either party may terminate Mobile Deposit Services at any time and for any reason. Mobile Deposit Services shall remain in full force and in effect unless and until it is terminated by the Bank. The Bank will notify you of any termination. Without limiting the foregoing, this agreement may be terminated if you breach any term of this agreement, if you use the service for any unauthorized or illegal purposes or you use the service in a manner inconsistent with other related agreements with the Bank.
Indemnification. You warrant to the Bank that:
- You will only transmit eligible checks and items that you are entitled to enforce, and all checks and items will include all signatures required for their negotiation.
- Images will meet the Bank’s image quality standards in effect from time to time.
- You will not transmit an image or images of the same check to the Bank more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check with any other party.
- You will not deposit or re-present the original check with the Bank or any other party, nor will you present a check to the Bank which has been deposited with another party or through another system.
- All information you provide to the Bank is accurate and true, including that all images transmitted to the Bank accurately reflect the front and back of the check at the time it was imaged.
- You will comply with this agreement and all applicable rules, laws, and regulations.
- You will only use the Mobile Deposit Services for lawful purposes and in compliance with the online instructions and applicable law.
- You will not submit files containing malicious code.
You agree to indemnify and hold harmless the Bank from any loss for breach of this warranty provision or the terms of the agreement. You agree that you are solely liable and responsible for all damages, losses, expenses, and claims arising from, without limitation, any of the following: (1) duplication or images of deposited checks using Mobile Deposit Services; (2) alteration of images of deposited checks; (3) deposit of checks on accounts with insufficient funds, counterfeit checks, fraudulent checks, or checks bearing unauthorized or forged endorsements; (4) acts of fraud, negligence, or willful misconduct committed by your employees or agents in depositing checks using Mobile Deposit Services; (5) failure of your hardware or software; and (6) failure to properly store original checks once the image has been transmitted.
Limited Liability. The Bank provides its Mobile Deposit Services “AS IS” and “AS AVAILABLE” and without warranty or guarantee. Your use of the Service is at your own risk. We disclaim and exclude in its entirety any and all implied warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or infringement regarding the Mobile Deposit Services and all other matters whatsoever. You acknowledge and agree that from time to time, the Mobile Deposit Services may be delayed or interrupted for an indeterminate amount of time due to circumstances beyond the Bank’s control.
Bill Pay Services
I authorize The Peoples Bank to post payment transactions generated by a computer device (i.e., personal computer, tablet, smart phone, etc.) from the Online Banking Bill Pay Service to accounts that I designate at activation. I understand that I am in full control of my account. If at any time I decide to discontinue service, I will provide written notification to The Peoples Bank, P. O. Drawer 529, Biloxi, MS 39533. My use of Bill Pay Services signifies that I have read and accepted all the terms and conditions of Online Banking Bill Pay.
I understand that The Peoples Bank will use reasonable efforts to ensure payments reach creditors on time, but cannot guarantee the date a payment will be posted by a creditor. In the event I do not provide The Peoples Bank with sufficient information within the time frame necessary for prompt payment, The Peoples Bank will not be liable for any service fees or late charges against me. I understand that payments may take up to ten (10) days to reach the vendor and that they will be sent either electronically or by check. I also understand that I am responsible for any loss or penalty that I may incur due to the lack of sufficient funds or other conditions preventing the withdrawal of funds from my account.
Scheduled payments will be processed Sunday through Friday at 11:00 p.m. Central Time. On Sunday through Thursday, all payments scheduled for the current day, any previous day and the next business day will be processed. The payments processed on Friday night will cover any payments that were scheduled and happened to fall on a weekend date. Payments processed on Sunday will catch any new payments that may have been scheduled over the weekend. Payments are not processed the night before a holiday; instead they will be processed the night of the holiday. An example of this would be Thanksgiving; payments would not be processed Wednesday night but would be processed Thursday night. If the payment is by check, the check will be mailed the following morning. The electronic payments will also go out the morning after a payment is processed.
I understand that this application / agreement is giving authority to The Peoples Bank to process a credit check on my present and past banking relationships and will be held harmless for any end result or declining to accept my request for Bill Pay Services.
The Peoples Bank is a federally regulated financial institution and any unauthorized access is prohibited. All activities with Bill Pay Services are subject to being monitored by The Peoples Bank and legal action will be taken against any violators. You agree to indemnify The Peoples Bank from and against any and all claims, demands, loss, liability or expenses, including attorney’s fees and costs, sustained directly or indirectly by The Peoples Bank as a result of the your breach of these warranties.
This Agreement includes by reference The Peoples Bank Online Banking Agreement, The Peoples Bank Deposit Agreement and The Peoples Bank Disclosure Statement Pursuant to Electronic Funds Transfer Act and Regulation E which explains your right to dispute errors.
I understand that The Peoples Bank will automatically deduct any fees incurred from my account each month for Bill Pay Services as stated in the Truth in Savings Disclosure provided to me. The actual payment of bills using this service is provided by a third party. Any questions or errors that occur should be directed to Customer Service at 228-435-8695.
I hereby agree with all items above, as well as items contained in The Peoples Bank Deposit Agreement, Electronic Funds Transfer Act Disclosure, and The Peoples Bank Online Banking Agreement.
I certify that everything that I have stated in this application is correct to the best of my knowledge.
When your Green Banking ID has been created you will receive the following:
- An email with a PDF document called Changing ID & Password
- An unmarked Letter containing your Green Banking ID
If you have not received your Green Banking ID within 7 business days of submitting this application, please call The Peoples Bank's Electronic Banking Department at 228-435-8695.