On-Line Internet Banking Access Agreement

 A.   Introduction

      Overview
      Agreement
      Definitions

 B.  Accessing P C S B  Accounts Using On-Line Internet Banking  

      Access
      Limitations on Access
      Computer Requirements
      Hours of Operation
      User ID & Password
      Multi-factor Authentication

C.  Services Available with Online Banking
    
Obtain Account Information
     Transfer Funds between P C S B  Accounts
     Overdraft Order Of Posting
     Limits
     Posting of Transfers
     Types of Transfers

D.  Bill Payment Scheduling
     Future Dated and Recurring Bill Payments
     Merchants Excluded
     Canceling or Deleting a Bill Payment
     Accuracy of Bill Payment Information
     On-Line Internet Banking Payment Guarantee
     Insufficient Funds

E.  Fees and Charges

     On-Line Internet Banking Services
     Other Fees and Charges

F.  General Conditions

     Change in Terms
     Disclosure of Information to Others
     Periodic Statements
     Our Liability for Failure to Process a Bill Payment or Make a Transfer
     Your Liability for Unauthorized Transfers and/or Bill Payments
     Contracts in the Event of Lost or Stolen Sign-On ID and/or Password or Unauthorized transactions
     Disclaimer of Warranty
     Assignment
     Our Right to Terminate the On-Line Internet Banking Service
     Our Right to Terminate Your On-Line Internet Banking Service
     Data Recording
     Security
     Other

A.  Introduction

Overview

P C S B ’s Internet Banking and Bill Pay Service is an electronic banking and information service that can be accessed through the P C S B  website at www.pagecountystatebank.com on the Internet.  When you use your personal computer to access the Service through the Internet, you can:

  • Obtain account balances and transaction information on your accounts.

  • Transfer funds to and from your checking, savings and money market accounts or transfer funds to make a loan payment.

  • Access your checking account(s) to pay bills to any person or business in the United States.

Agreement

This agreement is a contract that establishes the rules that govern electronic access to your accounts at P C S B  through P C S B ’s Internet Banking and Bill Pay Service.  By using this Service, you accept all of the terms and conditions of this Agreement.  Please read it carefully. The terms and conditions of P C S B  Deposit Account Agreements and the Electronic Funds Transfer Agreement and Disclosures as well as your other agreements with P C S B  such as loan agreements continue to apply notwithstanding anything to the contrary in this Agreement.

This Agreement is also subject to applicable federal laws and the laws of the State of Iowa (except to the extent this Agreement can and does vary such rules or laws).  If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.  The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions.  Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.  You may not assign this Agreement.  This Agreement is binding upon your heirs and P C S B   successors and assigns.  Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.  This Agreement constitutes the entire agreement between you and P C S B   with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

Definitions

For the purpose of this enrollment agreement, “Agreement” shall refer to this Access Agreement.  “You”, “your”, and “yours” shall refer to each Account holder that will be using On-Line Internet Banking.  “We”, “Us”, “Our” and “Bank” refers to P C S B.   On-Line Internet Banking or “the Service” refers to the P C S B  On-Line Internet Banking and Bill Pay Service.  “Account” or “Accounts” refers to the deposit and loan accounts that you have designated to be accessible through the Service or any other accounts that you may designate in the future.  “Electronic Funds Transfers” refers to ATM withdrawals, pre-authorized transactions, point-of-sale transactions and transfers to and from your P C S B  accounts using On-Line Internet Banking, including bill payments.  “Computer” refers to your computer and any other equipment you use to access On-Line Internet Banking.  Our “Business days” are Monday through Friday, excluding Saturday, Sunday and Federal Holidays.  In addition, all references to time of day in this document refer to Central Standard Time.

B.  Accessing Your P C S B  Accounts Using On-Line Internet Banking 

In order to be eligible to use On-Line Internet Banking, you must have a deposit or loan account with P C S B, your accounts must be in good standing, you must have access to an Internet Service Provider (ISP) and own an e-mail address.  Once you have  enrolled, verified your account information and approved your enrollment, we will complete the enrollment process by activating the Service for your use. Following verification and approval of your enrollment request, we will issue you a User ID and a temporary password.  You agree to access the Service as soon as possible in order to select a unique password.  Before you use the Service, you should carefully read this Agreement and any other instructions that we may send to you which describe the Service in greater detail.  Your use of any aspect of the Service means that you agree to the terms and conditions stated in this Agreement and any other instructions that we may send to you.

Limitations on Access

You may not permit any third party to access On-Line Internet Banking on your behalf and you may not process any transactions on behalf of any individual that is not an owner on the account(s) that you are accessing through the On-Line Internet Banking Service. 

Computer Requirements

On-Line Internet Banking requires the use of certain software, a computer, an Internet Service Provider (ISP) and Browser software which supports 128 bit encryption, Secure Socket Layer 3.0 (SSL).  For best results, we recommend Microsoft Internet Explorer 6.0 or higher.

In this Agreement, the computer you need to use this software are collectively referred to as your “Computer”.  You are solely responsible for the selection, installation, maintenance and operation of your Computer.  Your computer must be compatible with our operations in order to access your accounts or to use our Bill Pay Service.  We are not responsible for any errors or failures from any malfunction of your computer or your software, and we are not responsible for any computer viruses or related problems that may be associated with the use of On-Line Internet Banking.  WE DISCLAIM ALL WARRANTIES REGARDING YOUR EQUIPMENT AND YOUR SOFTWARE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Hours of Operation

You can access On-Line Internet Banking from your personal computer twenty-four hours a day, seven days a week, although some or all of the services may not be available occasionally due to technical difficulties or emergency or scheduled system maintenance.  In the event of scheduled maintenance, we will post a message in advance on P C S B ’s web site and in the event of any extended periods of non-availability, we will also post a notice on our website, www.pagecountystatebank.com. 

User ID & Password

Following verification and approval of your enrollment request, we will issue you a User ID and temporary password.  For security purposes, the system will prompt you to change your password to a unique password known only to you upon your initial sign-on.  This password may be alpha, numeric or a combination of both but in all cases it must be at least 8 characters in length.  Please be aware that P C S B  does not know or have access to your password and no employee of P C S B  will ever ask you for your password.  You agree to access the Service as soon as possible in order to select a unique password.  You agree that we are authorized to act on any and all instructions received under your password.  You agree to notify us immediately if the confidentiality or security of your password is compromised and you agree not to reveal your password to any other person.  You accept responsibility for the confidentiality and security of your password and agree to change your password regularly.  The password can be changed within On-Line Internet Banking.  Upon 3 unsuccessful attempts to use your password, your access to On-Line Internet Banking will be locked.  In order to re-establish your authorization to use On-Line Internet Banking you must contact us to have your password reset or to obtain a new temporary password.  We recommend that you create a password consisting of between eight and fifteen characters for purposes of security.  Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, etc. and should be memorized rather than written down.

Multi-factor Authentication

To protect the privacy and the security of your personal information we utilize a security feature called  PassMark™, along with a PassPhrase which helps you to identify that you are at our Web site, not a fraudulent look-a-like site. Additionally, the new security feature provides you added safety by helping us to identify you and prevent unauthorized access to your accounts.

When you visit your branch office, you can identify us and we can identify you. This same identification by your PassMark™ and PassPhrase enable you to identify us over the Internet. When you enroll, you will select an image called a PassMark™ and a PassPhrase known only to you. Whenever you login we will show you this image and phrase so you can rest assured that you are accessing our real Web site and not an impostor site.

We can identify you by checking the computer(s) that you are using to access our Web site. Typically you will access our Web site from one or two computers, such as your work and home machines. Either way, our Web site will remember your computer, preventing potential fraudsters from logging into your account even if they acquire or guess your Login ID and password. Should you need to login from a different computer, such as our Internet café, we will take additional steps to verify your identity, through a series of Challenge Questions you set-up at the time of enrollment.

Above all, this security feature provides a significant increase in your online banking security versus Login ID and password authentication without much change in your experience.

C.  On-Line Internet Banking Services

On-Line Internet Banking enables you to perform some or all of the following functions in regards to your designated P C S B  accounts virtually any time, day or night, seven days a week.  

Obtain Account Information

Obtain account balances and transaction information on your accounts.  The “Register” screen provides your transaction history for the preceding 90 days. Obtain account detail information for deposit accounts such as account number, interest rate, interest paid year to date and interest paid last year.  In addition, for certificates of deposit, the maturity date and term are also provided.  Obtain account detail information on loan accounts such as principal balance, interest rate, monthly loan payment, date of next payment due and amount due.  

Transfer Funds between P C S B  Accounts:

Overdrafts (Order of Payments, Transfers, and other Withdrawals)

If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:

Ø     Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;

Ø    Electronic fund transfers initiated through On-Line Internet Banking that would result in an overdraft of your account, at our discretion, may be cancelled;

Ø    In the event the electronic fund transfers initiated through On-Line Internet Banking that would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

Limits on Amounts and Frequency of On-Line Internet Banking Transactions

The number of transfers from P C S B  accounts and the amounts that may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts.  If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

Posting of Transfers

Transfer funds to and from your checking, savings and money market accounts.  In addition, funds can be transferred from checking, savings and money market accounts to make a regular loan payment or to make a principal payment.  All transfers can be scheduled from a single screen as immediate, future dated or recurring transfers.  Note: Some types of loans may not be able to have payments applied through On-Line Internet Banking.  Please contact our On-Line Internet Banking Member Services at 712-542-5661 if you are unable to make a loan payment. Transfers initiated through On-Line Internet Banking before 4:00 p.m. (Central Time) on a business day are posted to your account the same day.  Transfers completed after 4:00 p.m. (Central Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. 

On-Line Internet Banking identifies transfers based upon the login ID of the user who made the electronic transfer.  Accordingly, you understand and acknowledge that the View Postings screen in the Transfer menu option of On-Line Internet Banking will not reflect transfers made by multiple users from the same account if different login IDs is used.  You agree to communicate with any other persons with authorized access to your accounts concerning any transfers from your accounts in order to avoid overdrafts.

Future dated or recurring transfers are reflected as memo-posted items on the date requested.  If the future-dated or recurring transfer is scheduled to be processed on a Saturday, Sunday or bank holiday, it will be done on the next business day. Transfers out of savings or money market accounts processed using On-Line Internet Banking count toward the allowable maximum number of “pre-authorized” transfers per statement cycle as required by federal regulation.  Currently, a maximum of six such transfers are allowed within a statement cycle per account.  For details, please refer to the P C S B ’s Deposit Account Agreement that you received upon opening these accounts or call any of our offices to obtain a new Deposit Account Agreement or a clarification of this federally mandated limitation.

Types of Transfers

Types of transfers that may be made on the On-Line Internet Banking are as follows:

Checking to Checking

Savings to Savings

Checking to Savings

Savings to Checking

Checking to Loans

Savings to Loans

D.   Bill Payment Scheduling

You may access any checking account on which you are an owner in order to pay future dated and/or recurring payments to any person or business (“a payee”) in the United States.  In addition, you can review, change or cancel payments that have not been processed.   

Future Dated and Recurring Bill Payments

You can schedule future payments or recurring future payments to be processed on specific dates using On-Line Internet Banking.  Any one payment may not exceed $5,000.  Sufficient funds must be available in your account by midnight of the day prior to the scheduled payment day that you requested.  The payment will be deducted from your account on the scheduled payment day and sent to the payee either electronically or by paper check on the next business day.  If the scheduled payment day is a Saturday, Sunday or federal holiday, the payment will be deducted from your account on the business day prior to the scheduled payment day.  In general, payees that accept electronic transactions will receive their funds within 2 business days, but payees who must receive a paper check may wait for delivery of the check for as long as 7 business days. 

By authorizing a payment, you authorize the preparation and payment of such electronic transactions and/or checks from your accounts without your signature.  Since you cannot determine if the payment will be made electronically or with a paper check, you should enter a date at least 7 business days before the actual due date.  For the fastest bill payment processing, enter today’s date as the payment date.  This ensures that the bill payment will be processed on the next business day.  

Merchants Excluded from Bill Payment

Various merchants are excluded from receiving payments through a bill payment service.  These merchants include, but may not limited to the following:   Tax entities, Collection Agencies, Court ordered payments (such as alimony, child support, speeding tickets, etc)

Canceling or Deleting a Bill Payment

In order to cancel or delete a bill payment that you have previously scheduled through On-Line Internet Banking, you must cancel or delete the payment via On-Line Internet Banking by using the DELETE function on the “Bill Payments” screen.  If the bill payment that you want to cancel or delete is listed on the screen with a “Trash Can” icon beside it, you may click on the “Trash Can” to delete the payment.

Accuracy of Bill Payment Information

We cannot correctly process a bill payment on your behalf unless we have the correct name, account number, and address for each payee as well as the correct payment amount.  If the U.S. Postal Service rejects the payment due to an undeliverable address, the payment will be marked void and will not be resubmitted.  You alone are responsible for any loss or damage you may suffer as a result of providing us with erroneous information.

On-Line Internet Banking Payment Guarantee

The On-Line Internet Banking Payment Guarantee covers late fees and finance charges ($50.00 maximum) for payments that are scheduled at least 7 business days prior to the Due Date, excluding grace periods that may be extended by the payee. Although On-Line Internet Banking cannot guarantee the actual delivery or posting date of the payment, fees incurred for late delivery will be covered under this guarantee if the payee is unable to remove the fees for any reason.  This guarantee is valid only if the information supplied by you is correct (payee name and address, your name and account number as it appears on the payee’s records). If the payment was not received and posted on time by the payee, we will attempt to have any late fees or assessed finance charges removed.  If the merchant is unwilling or unable to remove them, the fees and finance charges will be paid directly to the merchant.  Your account will be noted appropriately to ensure that the situation does not negatively impact your credit rating. Mortgage payments are an exception to the above guideline and should be scheduled for payment on or before the due date, excluding grace periods.  For example, a mortgage payment due on February 1st, with a 15-day grace period, must be scheduled for processing by no later than February 1st.  

Insufficient Funds

If you have a scheduled payment that results in insufficient funds, the scheduled payment will not be processed, and no additional attempts will be made to process the payment.  If this should occur, you will receive notification in your On-Line Internet Banking Mail Box.  Your next scheduled payment will not be affected.  You are responsible for making any scheduled payments, and paying related charges or penalties, if P C S B  is unable to make your payment due to insufficient funds. The bank reserves the right, at its sole discretion, to refuse to process any item or any transaction, which will result in an overdraft of your account.  In addition, the bank may choose to close your On-Line Internet Banking Account.  In all events, you will be charged the insufficient funds charges that otherwise apply to your account. 

E.  Fees and Charges

The use of On-Line Internet Banking is free.  The system will allow you to check balances, review account transaction history, utilize the electronic register features and reports, make transfers between deposit accounts and make transfers from deposit accounts to make loan payments.  In addition, you may pay bills from any checking account on which you are an owner by scheduling a payment, future dated and/or recurring payment to any person or business in the United States.

Other Fees and Charges

All other fees and charges listed in the P C S B  Fee disclosure will continue to apply and you agree to pay any additional reasonable charges for services you request that may not be included in this Agreement.  You are also responsible for telephone and Internet service fees you incur in connection with your use of On-Line Internet Banking. 

F.  General Conditions

Change in Terms:

We may change any term of this Agreement at any time.  If the change would result in increased fees for any On-Line Internet Banking service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days notice before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic funds transfer system.  We will post any required notice of the change in terms on the P C S B   On-Line Internet Banking website or forward it to you by e-mail or by postal mail.  If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic funds transfer system, 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 subject On-Line Internet Banking 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.

We may modify the On-Line Internet Banking service from time to time and in accordance with applicable law.  Additional services, features or accounts may become accessible through On-Line Internet Banking in the future, and as each becomes available you will be provided with a description of each such service, feature or account and associated fees and charges, if any, and will be given the opportunity to access each through On-Line Internet Banking. Your use of these new services, features or accounts shall mean that you agree to any additional terms and conditions as well as payment of associated fees and charges, if any.  In addition, we reserve the right to delete any services, features or accounts from On-Line Internet Banking or to modify any services, features or accounts.  

Disclosure of Information to Others

P C S B  does not (except in the limited circumstances discussed below) disclose confidential information about you or the services that you use to third parties, outside of the vendors that help us to process transactions and provide services to you, unless you have specifically asked or authorized us to do so.  Third party vendors that we hire to provide banking or related services are not allowed to use your confidential information for their own purposes and are contractually obligated to use your confidential information only for the performance of the specific service that we have requested. P C S B  will not share your confidential information outside of the vendors that help us to process transactions and provide services except in the following limited circumstances:  Where it is necessary in order for us to provide the services governed by this Agreement; In order to verify the existence and condition of your Accounts for a third party, such as a payee or holder of a check or a credit bureau.  In order to report our experience regarding your Accounts or On-Line Internet Banking  transactions to financial institutions and credit reporting bureaus; In order for us to obtain information about you from others, such as a credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to On-Line Internet Banking; To collect any debt that you may owe to us; In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal processes; In order to give information to any government agency or official having legal authority to request such information; When you have given us your written permission or as otherwise permitted by the P C S B  Deposit Account Agreement or the Electronic Funds Transfer Agreement and Disclosures.  

Periodic Statements

You will get a monthly account statement from us for your checking account(s).

You will get a monthly account statement from us for your savings account(s), unless there are no transfers in a particular month.  In any case, you will get a statement at least quarterly.

P C S B Bank
Attn: On-Line Internet Banking Department
120 E. Washington Street
Clarinda, IA  51632

We must hear from you no later than 60 days after the bank sent the FIRST statement on which the problem or error appeared.  In all cases, you must:

  • Tell us your name and account number(s) involved;
  • Describe the error or the transfer that you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information;
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation within 10 calendar days after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question.  If we decide to do this, we will re-credit your Account within 10 calendar days for the amount you think is in error, so that you will have the 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 re-credit your account. We will tell you the results within 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 our investigation.

Our Liability for Failure to Process a Bill Payment or Make a Transfer

If we do not complete a bill payment or a transfer to or from your account on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your actual losses if they were directly caused by our failure.  However, there are some exceptions.  We will not be liable, for instance:

  • If through no fault of ours, you do not have sufficient available funds in your account;

  • If through no fault of ours, you do not have sufficient available funds in your overdraft protection account;

  • If a court order such as a garnishment or other legal process prohibits withdrawals from the account;

  • If your account is closed or if it has been frozen;

  • If you, or anyone authorized by you, commits any fraud or violates any law or regulation or if we have reason to believe that a transaction has not been properly authenticated or is fraudulent;

  • If you have not provided us with complete and correct payment information for the Bill Payment Service, including without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment;

  • If you do not schedule a bill payment soon enough for your payment to be made and properly credited by the payee by the time that it is due;

  • If we make a timely bill payment but the payee nevertheless does not credit your payment promptly upon receipt;

  • If On-Line Internet Banking was not working properly and you knew or should have known about the problem when you attempted to authorize a transfer or bill payment;

  • If any electronic terminal, telecommunication device, or any part of On-Line Internet Banking is not working properly;

  • If you have not properly followed the instructions for using On-Line Internet Banking or if your computer or other equipment fails or malfunctions;

  • If circumstances beyond our control such as fire, flood, interruption in telephone service or other communication lines, delays or losses of payments caused by the U.S. Postal Service or problems arising in connection with transmissions over the Internet, acts of God or other conditions beyond our control prevent the transfer, despite reasonable precautions that we have taken.  We will be responsible for acting only on those instructions sent through On-Line Internet Banking which we actually receive;

  • We will also not be liable for other exceptions to our liability as stated in the P C S B  Deposit Account Agreement and Electronic Funds Transfer Agreement and Disclosures;

  • Any indirect, incidental, special or consequential damages, if our failure was not intentional and resulted from bona fide error, notwithstanding our procedures to avoid such error, except to the extent such limitation of liability is not permitted by law.

Our sole responsibility for an error in a transfer or bill payment will be to correct the error and reimburse you for actual losses, if applicable, but in no case shall we be liable for any indirect, incidental, special or consequential damages except to the extent such limitation of liability is not permitted by law.

Your Liability for Unauthorized Transfers or Bill Payments

You are responsible for all transfers and bill payments you authorize using On-Line Internet Banking.  If you permit other persons to use On-Line Internet Banking services or your Sign-On ID and Password, you are responsible for any transactions they authorize from your accounts.

CONTACT US AT ONCE if you believe that your password has been lost, stolen, used without your authorization, or otherwise compromised or if someone has transferred or may transfer money from your accounts without your permission.  An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts including all of the money in your overdraft protection accounts as well as the amount of your maximum overdraft lines of credit if applicable.  If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password to access your account without your permission.

If you DO NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove that we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.

If your periodic account statement shows transfers from a deposit account that you did not authorize, tell us at once.  If you do not tell us within 60 days after the statement was sent to you, you may not get back any money that you lost through transactions made after the 60 day time period 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 hospital stay) kept you from telling us, we may extend the time periods. Contacts us in the Event of Lost or Stolen Sign-On ID or Password or Unauthorized Transactions.  If you believe that your Sign-On ID or Password has been lost or stolen or that someone transferred or may transfer money from your Account without your permission.

Disclaimer of Warranty and Limitation of Liability:

We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the On-Line Internet Banking services provided to you under this Agreement.  We do not and cannot warrant that On-Line Internet Banking will operate without errors, or that any or all On-Line Internet Banking Services will be available and operational at all times.  Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to On-Line Internet Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty.  Further, in no event shall the liability of P C S B   and its affiliates exceed the amounts paid by you for the services provided to you through On-Line Internet Banking.

You acknowledge that it is not possible for our services to be totally free from operator, programming or equipment error, and that errors in processing and compiling data may occasionally occur.  As such, you agree to review and verify all results and to maintain adequate controls for insuring both the accuracy of data transmissions and the detection of errors.  You agree to maintain adequate backup files of the data you submit for a reasonable period of time in order to facilitate any needed reconstruction of your transaction.  If we are unable to provide the Service for any reason, we will promptly inform you of the problem and will take reasonable steps to resume processing.

Assignment

We may assign our rights and delegate our duties under this Agreement to any other party.

Your Right to Terminate the On-Line Internet Banking Service

You may cancel the On-Line Internet Banking service at any time by calling our On-Line Internet Banking Department at 712-542-5661.  You may also send cancellation instructions by postal mail to:

P C S B Bank
On-Line Internet Banking Dept.
120 E. Washington Street
Clarinda, IA  51632
or by fax to 712-542-5300

Your access to On-Line Internet Banking will end within 2 business days of our receipt of your instructions to cancel the Service. If you terminate your use of the Service, you authorize us to continue making transfers and bill payments that you have previously scheduled until such time as we have had a reasonable opportunity to act upon your termination notice.  Once we have acted upon your termination notice, we will make no further transfers or bill payments from your accounts, including any transfers or bill payments that you have previously scheduled.  You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate Your On-Line Internet Banking Service

We may terminate some or all of the services governed by this Agreement, with or without cause, by giving 30 days prior notice to you.  We may also terminate the services immediately for, but not limited to, the following reasons: You breach any agreement with us. We have reason to believe that an unauthorized transaction has taken or may take place involving your account or a service we provide.  We have reason to believe that your accounts or a service we provide have been or may be compromised in any way.   You become insolvent or the subject of a bankruptcy or dissolution proceeding.  You make any assignment for the benefit of creditors.  You generally fail to pay your debts as they become due.  Your payment account is overdrawn.  You close your payment account.  You do not use On-Line Internet Banking for a 1 year period. 

If we terminate your use of the Service, we reserve the right to make no further transfers or bill payments from your accounts, including any transactions that you have previously scheduled.  You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Security

P C S B  will take reasonable steps in connection with On-Line Internet Banking to ensure the security and confidentiality of your financial records and transactions under the Service.  At all times, you agree to comply with all security procedures that the bank may from time to time impose in connection with your use of the Service.  You agree that the security techniques used by P C S B  and its agents in connection with the services are commercially reasonable security procedures and, as a result, you assume all risk of loss for unauthorized transactions where the bank has followed its then current security procedures.

You understand the importance of your role in preventing misuse of your accounts through On-Line Internet Banking and you agree to promptly examine your paper statement for each of your P C S B accounts as soon as you receive it.  You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number.  You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account.  Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. 

Data transferred via On-Line Internet Banking is encrypted in an effort to provide transmission security and On-Line Internet Banking utilizes identification technology to verify that the sender and receiver of On-Line Internet Banking transmissions can be appropriately identified by each other.  Notwithstanding our efforts to insure that the On-Line Internet Banking is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others.  We cannot and do not warrant that all data transfers utilizing On-Line Internet Banking, or e-mail transmitted to and from us, will not be monitored or read by others.

In Case of Errors or Questions about Your Electronic Transfers:

Contact us as soon as you can, if you think your paper statement is wrong, or if you need more information about a transfer listed on your paper statement.  We must hear from you no later than 60 days after we sent the FIRST paper statement upon which the problem or error appeared.   When you contact us:

  • Tell us your name and account number.

  • Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.

  • Tell us the dollar amount of the suspected error. 

If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in writing by postal mail or fax within 10 business days.

We will communicate to you the results of our investigation within 10 business days after you contact us and will correct any error promptly.  If we need more time, however, we may take up to 45 days to investigate your complaint or question.  If we decide to do this, we will provisionally credit your account within 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 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 provisionally credit your account.

If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation.  You may ask for copies of the documents that we used in our investigation.  If we have made a provisional credit, a corresponding debit will be made from your account.

Your Right to Terminate:

You may cancel your On-Line Internet Banking service at any time by providing us with written notice by postal mail or fax.  Your access to On-Line Internet Banking will be suspended within three 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.

Our Right to Terminate:

You agree that we can terminate or limit your access to On-Line Internet Banking Services for any of the following reasons:

  • Without prior notice, if you have insufficient funds in any one of your P C S B accounts. On-Line Internet Banking service may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.

  • Upon 3 business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.

  • Upon reasonable notice, for any other reason at our sole discretion.

Communications between P C S B   and You:

Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:  (Please note that banking transactions through On-Line Internet Banking are not made via e-mail.)

 

Ø      E-mail                   - You may contact us by e-mail at PCSB-OIB@whitmorebanks.com

Ø      Phone                   - You may contact us by telephone at 1-712-542-5661 or 1-800-432-0387

Ø      Facsimile              - You may contact us by fax at 1-712-542-5300

Ø      Postal Mail           - You may write to us at:

P C S B Bank

P.O. Box 237

120 E. Washington

Clarinda, IA  51632

Ø      In Person              -You may visit us in person at any one of our locations

·         P C S B  - Main Bank -120 E. Washington

·         P C S B  - Consumer Branch - 1201 S. Glenn Miller Avenue

 Consent to Electronic Delivery of Notices:

You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the P C S B On-Line Internet Banking website or by e-mail.  You agree to notify us immediately of any change in your e-mail address.