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In order to subscribe to the Service, you must
have at least one account ("Account") with us.
Online Services and each of your accounts are
also governed by the applicable disclosures,
rates, and fee schedules provided by PBK Bank.
You are responsible for paying any fees
associated with PBK Bank Online Services and
bill payment as well as any additional fees that
may be assessed by your Internet Service
Provider and for any telephone charges or fees
incurred by accessing PBK Bank Online Services.
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Your initial use of PBK Bank Online Services
constitutes your acceptance and agreement to be
bound by all of the terms and conditions of this
agreement, by the disclosures, rates, and fee
schedules applicable to your accounts, and
acknowledges your receipt and understanding of
this agreement. PBK Bank is entitled to act on
instructions received through PBK Bank Online
Services under your password. However, do not,
under any circumstances, disclose your password
by telephone or to anyone claiming to represent
PBK Bank; PBK Bank's employees do not need and
should not ask for your password. You are liable
for all transactions made or authorized using
your password. PBK Bank has no responsibility
for establishing the identity of any person
using your password. If, despite PBK Bank's
advice, you give your password to anyone, you do
so at your own risk since anyone to whom you
give your PBK Bank Online Services password or
other means of access will have full access to
your accounts even if you attempt to limit that
person's authority. You must notify PBK Bank
that your password has been lost, stolen, or
otherwise compromised and should not be honored
and must be disabled.
You hereby release PBK Bank from any liability and
agree not to make any claim or bring any action
against us for honoring or allowing any actions or
transactions where you have authorized the person
performing the action or transaction to use your
account(s) and/or you have given your password to
such person, or, in the case of a jointly held
account such person is one of the owners of the
account. A person who has been furnished your
password is considered an authorized user, unless
you have notified the bank that activity by that
person is no longer allowed. You agree to indemnify
PBK Bank and hold it harmless from and against any
and all liability (including but not limited to
reasonable attorney fees) arising from any such
claims or actions. There are two ways for joint
accountholders to enroll for PBK Bank Online
Services.
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Both account holders may enroll separately
and each will have his/her own password, and
his/her own separate PBK Bank Online
Services Agreement. Each such joint account
holder is subject to separate PBK Bank
Online Services service fees as applicable.
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Alternatively, one holder of a joint account
can enroll for PBK Bank Online Services with
one password issued and be subject to fees
for one person.
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Federal regulations limit the number of certain
types of transfers from savings and money market
deposit accounts. You are limited to six
pre-authorized electronic fund transfers and
telephone transfers, including bill payment
transactions, checks and point-of-sale
transactions, per month. Of these six
transactions, you are limited to no more than
three transactions per month by check or
point-of-sale. Each fund transfer or bill
payment through the service from your savings or
money market deposit account is counted as one
of the six transfers you are permitted each
month. However, payments to your loan accounts
with us are not counted toward this limit for
savings and money market deposit accounts. Your
ability to transfer funds from certain accounts
is also subject to the Account Agreements. You
should refer to these agreements for legal
restrictions and service charges applicable for
excessive withdrawals and transfers.
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You may transfer up to your available
balance daily.
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Bill payments must be between $1.00 and
$10,000.00
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You may use your Password to
access your account(s) to:
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Transfer funds between your checking and/or
savings accounts whenever you request.
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Pay bills directly from your checking
account in the amounts and on the days you
request.
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Transfer funds from your checking or savings
account(s) to your loan account(s).
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Transfer
Cutoff Times. Single time, also know as,
Quick Transfers are cutoff at 5 pm Central time,
so any transfers done after this time will not
post until the next business day. Scheduled
Recurring Transfers are processed at 5 a.m.
Pacific Standard Time.
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If we do not complete a transfer to or from your
account on time or in the correct amount
according to our agreement with you, we will be
liable for your losses or damages.
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There are some exceptions to the Bank's
liability for processing transactions on the
account(s). We will not be liable, for instance:
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if, through no fault of ours,
you do not have enough money in your account
to make the transfer;
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if the transfer would go over
the credit limit on your overdraft line;
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if the funds in your account
were attached or the transfer cannot be made
because of legal restrictions affecting your
account;
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if a
Scheduled Recurring Transfer is entered
after 5 am Pacific Standard Time or a Quick
Transfers is entered after 5 pm Central
time;
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if any system or any software
was not working properly and you knew about
the breakdown when you started the transfer;
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if circumstances beyond our
control (such as interruption of telephone
service or telecommunication facilities, or
natural disaster such as a fire or flood)
prevent the transfer, despite reasonable
precautions that we have taken;
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if you have not provided us
with complete and correct transfer or
payment information, including without
limitation, the name, address, account
number and payment amount for the payee on a
bill payment;
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if you have not properly
followed the instructions for using the
service or any software;
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if your operating system or
software was not properly installed or
functioning properly; or
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if you are unable to access
your account or the service due to internet
facility or service provider delays or other
problems.
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There may be other exceptions
stated in our agreement with you. The bank's
sole responsibility for an error in a fund
transfer or bill payment will be to correct
the error, but in no case shall the bank be
liable for any indirect, punitive, special,
incidental or consequential damages (even if
you have informed us of the possibility of
such damages). In states which do not allow
the exclusion or limitation of liability for
indirect, punitive, special, incidental or
consequential damages, the bank's liability
is limited to the extent permitted by
Applicable Law (as defined below). Our
service providers are independent
contractors and not our agents. To the
extent permitted by Applicable Law, we will
not be responsible for any error, damage or
other loss caused by any service provider.
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Bill
Payment Service is FREE.
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Bill Payment Service is
FREE! (except for the use of Expedited
Funds and the charges are clearly marked.)
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We will disclose information
to third parties about your account or the
transfers you make:
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Where it is necessary for
completing the transfers.
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In order to verify the
existence and condition of your account for
a third party, such as a credit bureau or
merchant.
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In order to comply with
government agency or court orders.
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If you give us your written
permission.
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The service will be accessible 24 hours a day,
seven days a week. The service may be
inaccessible for a reasonable period on a daily
basis for system maintenance. We shall not be
liable under this agreement for failure to
provide access. Your access to the service shall
be determined in the sole discretion of the
Bank. Subject to applicable law, the bank
reserves the right to modify, suspend, or
terminate access to the service at any time and
for any reason without notice or refund of
previously incurred fees.
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As an additional safeguard, if your account
becomes inactive for more than 180 days, we
reserve the right to terminate your Internet
Banking Services.
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PBK 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 PBK Bank Online Services
transfers or bill payments will be made,
including but not limited to any payments or
transfers scheduled in advance or any
pre-authorized recurring payments or transfers.
If we modify this agreement, your continued use
of PBK Bank Online Services will constitute your
acceptance of such changes in each instance.
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You may also use the service to pay bills if
you choose the Bill Payment Service. Unless
the context clearly requires otherwise, all
references to the "Service" herein also
refer to the Bill Payment Service as long as
you subscribe to the Bill Payment Service.
With the Bill Payment Service, you may: (i)
make current, future, or recurring payments
to certain companies or individuals you
select; and (ii) make current, future, or
recurring payments directly to your loan or
credit accounts with us. You may make bill
payments in any amount greater than or equal
to $1.00 and less than $10,000. Bill
payments may not be made to pay taxes or
child support, maintenance, alimony, or
other court-ordered obligations.
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When you sign up for the Bill Payment
Service, you must designate a checking
account with us as the account from which
bill payments should be made (the "Payment
Account").
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You may designate payees through the Bill
Payment Service (each, a "Payee"). You must
provide sufficient information about each
Payee as requested from time to time to
properly direct a payment to that Payee and
permit the Payee to identify the correct
account to credit with your payment. This
information may include, without limitation,
the name and address of the Payee and your
Payee account number. The Payee must have a
United States payment
address that can be verified in the ordinary
course of business. Occasionally, a Payee
may choose not to participate in the Bill
Payment Service or may require additional
information before accepting payments. While
we work with these Payees to encourage them
to accept an electronic or check bill
payment through the Bill Payment Service,
the Payee may not accept such bill payments
or may not be able to process bill payments
in a timely manner. In that event, we may
decline to make future payments to this
Payee and a notice will be sent to you.
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When you schedule a bill payment using the
Bill Payment Service, you authorize us to
follow the payment instructions and transfer
funds from your Payment Account with us to
the Payee. We may refuse to act on your
instruction if sufficient funds, including
funds available under any overdraft plan,
are not available in your Payment Account on
the date you want us to process your payment
(the "Transaction Date"). We reserve the
right to refuse to make any bill payment.
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The date that you request a bill payment is
the "Initiation Date". The date that an
electronic fund transfer is made from the
Payment Account or a check is drawn on the
Payment Account to make the bill payment is
the "Transaction Date".
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You may schedule the Transaction Date of
a bill payment to be the first Business
Day after the Initiation Date by
designating the bill payment as a "Today
Payment". You must have sufficient
available funds in the Payment Account
on the Initiation Date. Today Payments
may be changed or canceled only during
the course of the online session during
which the bill payment is requested.
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You may schedule the transaction date of
a bill payment to be a future date
within 365 days of the initiation date
by designating the bill payment as a
"Future Payment". You must have
sufficient available funds in the
payment account as of the business day
immediately preceding the transaction
date. Future payments may be changed or
canceled online until
11:00 p.m. central time of the
business day before the transaction
date.
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You may schedule a bill payment to be
automatically initiated in a fixed
amount on the same transaction date
every month by designating the bill
payment as a "Recurring Payment". The
date on which a bill payment is
scheduled to be initiated is referred to
below as the "Recurring Payment Date".
If the recurring payment date is a date
that does not exist in a certain month,
the bill payment will be initiated on
the last business day of the month. For
example, if you schedule a bill payment
for the 30th of each month, the bill
payment for the month of February will
be initiated on or before the 28th of
February. If the recurring payment date
falls on a day other than a business day
in any month, the bill payment will be
initiated on the next business day. For
example, if you schedule a check to be
issued on the 15th of each month, and
the 15th is a Saturday or Sunday of that
month, a check will be issued on the
first business day after the 15th. Thus,
the actual transaction date for any
month may not be the recurring payment
date. recurring payments may be changed
or canceled online until
11:00 p.m.
central time of the business day before
the transaction date.
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We deduct the amount of the bill payment
from your payment account on the
transaction date. If the transaction
date that you schedule is not a business
day, the actual transaction date will be
the next business day. To ensure that
your bill payments arrive on time, you
must schedule the transaction date for
each bill payment to be at least ten
business days before the payment due
date, not including any applicable grace
period. This generally allows sufficient
time for the payee to receive and post
your bill payment. We are not
responsible for postal delays or
processing delays by the payee. Payments
made through the bill payment service
are assigned a unique confirmation
reference number. This number appears on
your monthly statement for your payment
account. You may review payments on our
website.
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We process payment instructions only if
there are sufficient funds available in
your payment account on the transaction
date. If sufficient funds are not
available in your payment account on the
transaction date, the bill payment will
be canceled and the bill payment service
will be blocked. You agree to pay a
service fee of $30 and that the fee will
be automatically debited to your payment
account. A written or electronic notice
of any canceled bill payment will be
sent to you. No further bill payments
will be processed until sufficient funds
are available in the payment account.
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You authorize us to make the bill
payments you request through the bill
payment service in any one of the
following ways. Bill payments may be
sent through an electronic transmission
to the payee. Payees that receive
electronic delivery will receive your
payment information, including your
account number, through a computer link.
Payments made electronically are
generally received and credited by most
payees within three to four business
days. Bill payments may be made by a
check mailed to the payee. When more
than one customer schedules a payment to
the same payee on the same date (which
frequently happens), a consolidated
check may be issued to the payee with an
accompanying paper list of each customer
by name, each account number to be
credited, and the amount of each
payment. All checks are sent through the
United States
mail. Payments made with a check are
generally received and credited by most
payees within ten business days.
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If you have told us in advance to make
recurring payments out of your payment
account, you can stop or change any of
these bill payments. To stop or change a
Recurring Payment, call 1-800-825-4321,
or write M & I Data Services,
P.O. Box 3252
,Milwaukee, WI 53201-3252, in
time for your request to be received
three (3) business days or more before
the scheduled transaction date or
recurring payment date of the bill
payment. If you call, you may also be
required to put your request in writing
and get it to the above address within
fourteen (14) days after you call. For
business service, stop payment orders
must be in writing on your letterhead
stationery signed by a designated user.
A stop payment may be placed on an item
sent by check up to five (5) business
days after the transaction date.
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- Tell us at once if you believe your password
has been lost or stolen. Telephoning is the best
way of keeping your possible losses down. You
could lose all the money in your account (plus
your maximum overdraft line of credit). If you
tell us within 2 business days, you can lose no
more than $50 if someone used your Password
without your permission. If you do NOT tell us
within 2 business days after you learn of the
theft of your Password, and we can prove we
could have stopped someone from using your
Password without your permission if you had told
us, you could lose as much as $500. Also, if
your statement shows transfers that you did not
make, tell us at once. If you do not tell us
within 60 days after the statement was mailed to
you, you may not get back any money you lost
after the 60 days if we can prove that we could
have stopped someone from taking the money if
you had told us in time. If a good reason kept
you from telling us, we will extend the time
period.
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You should notify us immediately if you
believe any of your passwords have been lost or
stolen or that someone has transferred or may
transfer money from your account without your
permission.
ERROR RESOLUTION NOTICE
In Case of Errors or Questions About
Your Fund Transfers and Bill Payments
Internet Banking & Bill Payment Service
Call (606) 365-7098
or write to PBK Bank,
Attn: Internet Banking
120 Frontier Blvd
P.O. Box 366
Stanford KY 40484
As
soon as you can if you think your statement is wrong
or if you need more information about a fund
transfer or bill payment listed on the statement. We
must hear from you no later than 60 days after we
sent the FIRST statement on which the problem or
error appeared.
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Tell us your name and account number.
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Describe the error or the fund transfer or bill
payment you are unsure about, and explain as
clearly as you can why you believe it is an
error or why you need more information.
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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 ten
(10) business days.
We
will determine whether an error occurred within ten
(10) business days after we hear from you 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 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 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 credit your account.
We
will tell you the results within three (3) business
days after completing our investigation. If we
decide that there was no error, we will send you a
written explanation within three (3) business days
after we finish our investigation. You may ask for
copies of the documents that we used in our
investigation. |