Peoples State Bank

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Peoples State Bank
Online Access Agreement

Agreement:

This Online Access Agreement contains the terms that govern your use of online access. By accessing your accounts through Peoples State Bank of Plainview using services described below or future services offered by the Peoples State Bank of Plainview Internet site you agree to be bound by the terms of this agreement. If you have any questions or do not thoroughly understand any of the terms set forth in this agreement, please contact us prior to your use of service.

The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts as well as your other agreements with the Peoples State Bank of Plainview such as loans continue to apply not withstanding anything to the contrary in this Agreement.

This Agreement is also subject to applicable federal laws and the laws of the State of Minnesota (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 of 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 Bank’s 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, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and the Peoples State Bank of Plainview with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

No Warranties – Peoples State Bank of Plainview makes no representations or warranties to you or any other person, express or implied, in law or in fact, and disclaims any and all implied warranties of fitness for a particular purpose, merchantability or suitability, to you or any other person, of any of the services provided by bank under this agreement or any computer software products or programs provided by bank under this agreement, communication interfaces with those used by you.

Online Communication:

Electronic Mail (E-Mail) is available through our E-Mail Directory and several other points of access through out our website. The E-mail on our website is not covered by SSL and should be used for general use such as but not limited to comments on service basic questions that should not reveal financial information or private individual information such as but not limited to account numbers, social security numbers or credit card numbers.

External links:

The Peoples State Bank of Plainview website has offered numerous external links. These are External Internet addresses which contain information created, published and maintained by sources independent of the Peoples State Bank of Plainview. Peoples State Bank of Plainview has no control over these Internet addresses and therefore does not guarantee the accuracy or completeness of the information gathered from these resources and therefore will not be held liable for their content. Any use of information obtained from such addresses is voluntary.

Online Banking Agreement:

This agreement pertains to Online Banking Customer(s). The text of this agreement refers to each person listed as an authorized user as “you” and “your”. Peoples State Bank of Plainview uses the terms “we” and “our” to refer to themselves.

Services – Peoples State Bank of Plainview agrees to provide online account access through www.peoplesstatebank.com in order to obtain account transaction history, balances, make stop payment requests, pay bills and other information and services. This agreement does not replace current disclosures available for account holders but an addition to them. Peoples State Bank of Plainview may introduce new Online Services. When this happens we will update our website to reflect these changes. By using our site you agree to be bound by the terms contained in this agreement at that time which will include new products. It is your responsibility to review this policy periodically for changes.

Authorized Access – You must have one or more accounts established at the Peoples State Bank of Plainview and access to Internet service. To access an account you must have a user ID and password, that is received during enrollment, and required hardware and software. Access to your accounts through Online Banking will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through Online Banking to determine that they are made on behalf of the accountholder. Subject to the terms of this agreement, you should be able to access your accounts through our Website (referring to www.peoplesstatebank.com) 24 hours a day, 7 days a week. At certain times this service may not be available due to system maintenance or uncontrollable circumstances. Peoples State Bank will still have service available; ATM (automated teller machine), by calling the bank during normal banking hours at our five facilities assuming no major disaster has occurred.

Liability – Peoples State Bank of Plainview is responsible for complying with the terms of this agreement. Our liability to you is explained in any current up to date agreements, notices, and disclosures that we separately provide or make available to you regarding your accounts and our services.

In no event will we have liability for any consequential, special, punitive or indirect loss or damages whether or not any claim for such damage is based on tort or contract or we knew or should have known the likelihood of such damages in any circumstances.

Indemnification – Except to the extent that we are liable under the terms of this agreement or an agreement that otherwise governs your account, if you are an owner of an account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an account or other performance of an online banking service. You or your authorized representative provides this indemnification without regard to whether our claim for indemnification is due to the use of the service.

Third Parties – Except as specifically provided in this agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, of that of an Internet browser, by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to online banking services through the service.

Authorization – You warrant to the Peoples State Bank of Plainview that you have full and complete authority to enter into this agreement. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Peoples State Bank of Plainview may accept oral or written instructions (including written instructions sent via facsimile or other electronic transmission) from any person. Any person may utilize the service that has been provided a password or/and user ID number by you. Peoples State Bank of Plainview may require further written confirmation of instructions given orally or by facsimile. Any person authorized to sign on an account is also deemed to be authorized to conduct any transaction related to that account. Peoples State Bank of Plainview may at its own discretion, rely on any written notice containing signatures of an authorized person if we believe, in good faith, that the signature is genuine. Each authorized person may act alone. If we receive conflicting instructions from authorized person we may honor one or more of the instructions received, refuse to honor any of the instructions until we receive instructions to which all authorized persons agree to submit to a court all funds which are subject to the conflicting instructions.

Peoples State Bank has No Liability –

If you are not in accordance with any terms or condition applicable to the relevant Online Banking Service or Account:
If circumstances beyond our control (such as but not limited to fire, flood or improper transmission or handling of payments by a third party) prevents the utilization of the services, including but not limited to a transfer or bill payment, despite reasonable precautions taken by us.
Under no circumstances will we have any liability to you for failure to provide access to your accounts through Peoples State Bank of Plainview online banking service.
If you do not have enough money in your account to make a transfer or bill payment
If we are directed to prohibit withdrawals from the account by applicable law or court order
If we have reasonable cause not to honor for our or your protection
If not in accordance with any other requirement of our applicable policies, procedures or practices
If your account is closed
If your account has been frozen
If the transfer of bill payment would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts
If you, or anyone you permit to utilize the services, commits any fraud or violates any law or regulation
If any electronic terminal or telecommunication device malfunctions or is otherwise not working properly and/or prevents the utilization of the service
If you have not provided us with complete and correct payment information, including, but not limited to, the name, U.S. address, payment date (the date payment will be produced), and payment amount for the payee on a bill payment
If you have not properly followed the instructions for using the service
If you fail to abide by the terms set forth in this agreement

Termination – Unless otherwise required by applicable law, Peoples State Bank of Plainview may terminate this agreement and/or your access to an online banking service through Peoples State Bank of Plainview, in whole or in part, at any time. Access to our online banking service in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this agreement will control. You may request reinstatement of our online baking service by calling 1-507-534-3137 during regular banking hours. If you wish to cancel any of your online baking services, contact Peoples State Bank of Plainview customer service at 1-507-534-3137 or send us cancellation instructions in writing to Peoples State Bank of Plainview, 100 4th Ave. SE, Plainview, MN 55964.

Agreement Changes – Except as otherwise required by law, rule, or regulation, we may change the terms of this agreement at any time. When changes are made we will update this agreement on the website. The website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated an earlier time. As always, you may choose to accept or decline changes by continuing or discontinuing your use on Peoples State Bank of Plainview online services. Changes to fees or terms applicable to accounts are governed by the agreement otherwise governing the applicable account. Notices unless otherwise required by applicable law, in the event that we are required to provide a notice or other communication to you in writing, that notice or other communication may be sent to you electronically to your internet address as reflected in our then current records.

Disclosure of information – You authorize Peoples State Bank of Plainview and each of its affiliates to disclose to third parties information you have provided or that our affiliates or we have obtained about your accounts and the transfers you make:

To comply with laws, regulations, government agency or court orders or requests
To verify the existence and condition of your account for a third party, such as a credit bureau or merchant
Where it is necessary for completing transfers or wires
To provide services relating to your account or to offer other products and services
If you otherwise give us your written permission

Miscellaneous Fees and Charges – You are agreeing to accept and pay the Peoples State Bank of Plainview for the services in accordance with the fee schedule. Fees covered under this agreement and any other separately disclosed agreement in connection with your account(s) would continue to apply to those account(s) and to your online banking service. We may modify this fee schedule at any time upon 30-day prior written notice to you such as but not limited to a statement message or an individual notice. You are responsible for any telephone charges that you may incur by accessing your accounts utilizing our services and other applicable fees.

Security Procedures – You acknowledge and agree that you have approved and will abide to the security procedures set forth in this agreement and any other security procedures established by the Peoples State Bank of Plainview that have or/and will be presented to you in the future. You also acknowledge and agree that these procedures are commercially reasonable and adequate for the purpose intended. Peoples State Bank of Plainview may rely on the security procedures identified herein to determine whether any instructions are authorized, and you will be bound by instructions issued in its name (or in the name of its authorized persons) and accepted by Peoples State Bank of Plainview in compliance with the security procedures set forth, whether or not you actually authorized such instructions. If the security procedures include password or user ID number, you agree that you and your authorized persons are responsible for keeping the passwords confidential and secure and agree to change your password regularly. If you believe or have reason to believe that any security procedure or password has or may have become known by unauthorized persons you will immediately notify Peoples State Bank of Plainview in person or by telephone and agree to confirm that oral notification in writing to the Peoples State Bank of Plainview within 24 hours. You will be liable for any instructions and other communications initiated before Peoples State Bank of Plainview has received such notice and has had reasonable opportunity to act on such notice. Peoples State Bank of Plainview reserves the right to change and/or add security procedures at any time by giving written notice (which may be made by e-mail or facsimile) to you. You understand the importance of your role in preventing misuse of your accounts through Online Banking and you agree to promptly examine your paper statement for each of your bank accounts as soon as you received it. Data transferred via Online Banking is encrypted in an effort to provide transmission security and Online Banking utilizes identification technology to verify that the sender and receiver of Online Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the Online Banking system is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including e-mail, occur openly on the Internet and potentially can be monitored and read by others.

We recommend that you create a password that utilizes both upper and lower case alpha and numeric 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, and should be memorized rather than written down.

Acceptance of Terms and Conditions – The first time you access any of your bank accounts through use of the services, you agree to be bound by all the terms and conditions of this agreement and acknowledge your receipt and understanding of this disclosure.

Business Day – Unless otherwise defined by this agreement or other agreements received from us, a Business Day is Monday through Friday, that business day cutoff being 5:00 p.m. Anything received by us after 5:00 p.m., Saturdays, Sundays, and selected Federal Holidays shall not be considered Business Days commonly referred to as a Non-Business Day. All transactions, deposits, instructions, and entries received by us during a non-business day will be treated as if received on the next business day. You shall contact us to inquire if a given Federal Holiday is determined by us to be a business day.

Miscellaneous Terms and Conditions

Severability – If any section, provision or condition of this agreement is deemed invalid or unenforceable, the provision deemed invalid or unenforceable will, to the extent permitted by applicable law, be deemed reformed so as to be valid and enforceable. If such reformation is not possible, this agreement will be read as if that provision were never a part of it, and the remainder of the agreement will be valid and enforceable.
No Waiver – If Peoples State Bank of Plainview waives any failure or breach by you hereunder; such waiver will not operate to waive any other breach of the same or different provision.
Additional Information – You agree to execute any additional documents and to provide any information (including information necessary to remake or reconstruct any deposit, transmission, file or entry) that Peoples State Bank of Plainview reasonably requests.
Force Majeure – No party will be deemed to have breached this agreement if it fails to perform because of a cause beyond the reasonable direct control of that party, and without fault or negligence of that party. Examples of causes beyond the reasonable direct control of a party include, without limitation, any failure or interruption of any electronic communication system between you and the Peoples State Bank of Plainview, equipment or software failure or malfunction, electrical, computer, or mechanical failure or malfunctions, action or inaction of government, civil or military authority, fires strike, lockout or other labor disputes, flood hurricane, ware, riot, theft, earthquake, natural disaster, default of common carriers or third party vendors, and suspension in payments by another financial institution.
Successors and Assigns – This agreement is binding upon and is for the benefit of Peoples State Bank of Plainview and you and their respective successors and assigns. Peoples State Bank of Plainview may, at any time, assign this agreement to any affiliate, subsidiary, parent, any company owed or controlled by any affiliate, subsidiary or parent company or any entity who acquires substantially all of the business of Peoples State Bank of Plainview. Otherwise, Peoples State Bank of Plainview and you may not assign this agreement to any other person without the express written agreement of the other party.
Amendments – We reserve the right to change the charges, fees or other terms described in this agreement. When changes are made to any fees, charges, or other material terms, we will update this agreement, and e-mail a notice to you at the address shown on our records. The notice will be sent at least thirty (30) days in advance of the changes. (If you prefer not to receive notices via e-mail please notify Peoples State Bank of Plainview by sending an e-mail message to info@peoplesstatebank.com, by phone 507-534-3137, or stop by any of our banking facilities.
Applicable Rules, Laws, and Regulations – This agreement shall be governed by, and you agree to comply with, the laws and regulations of the State of Minnesota (except to the extent this Agreement can and does vary such rules or laws) and applicable Federal laws and regulations. In addition, you agree to be bound by and will comply with the terms of this agreement, requirements of your account(s), the Peoples State Bank of Plainview’s rules and regulations and the rules and regulations of any funds transfer or wire system to which the Peoples State Bank of Plainview belongs. Any dispute between Peoples State Bank of Plainview and you must be brought in the relevant court in Wabasha County, Minnesota where Peoples State Bank of Plainview is located.
Notices – Unless otherwise required by applicable law, in the event we are required to provide a notice or other communication to you in writing, that notice or communication may be sent to you electronically to your e-mail address as reflected in our then current records.

Bill Payment Services:

Peoples State Bank of Plainview Bill Payment Service allows you to schedule bill payments. You can arrange, at your option, for the payment of your current, future and recurring bills from your checking accounts. Accounts that require two or more signatures to withdraw or transfer funds may not be used as a Bill Payment account. There is no limit to the number of payments that may be authorized. You may pay anyone through the Bill Payment Service. However, we are unable to process any payments to federal, state, or local tax agencies. By furnishing us with the names of your payees and their addresses, you authorize us to follow the payment instructions to these payees that you provide us via the service. The date the payment is to be sent is called the “Payment Date”. When we receive a payment instruction (for the current or a future date) we will remit funds to the payee on your behalf from the funds in your Bill Payment account (checking account you select to be debited for bill payment) on the Payment Date. We will not be obligated to make a payment unless your Bill Payment account and/or linked overdraft protection account has sufficient funds or credit available to pay the bill on the payment date.

Scheduling – There will be a delay between the Payment Date (the date your payment is sent) and the date the payee receives that payment. Any payments made through the Bill Payment service requires sufficient time for your payee to receive your payment and credit your account properly. To avoid incurring finance or their charge, you must schedule a payment sufficiently in advance of the due date of your payment. When you schedule payments, YOU MUST SCHEDULE THE PAYMENT AT LEAST 5 FULL BUSINESS DAYS PRIOR TO THE DATE THE PAYMENT IS DUE AT YOUR PAYEE.

No Duty to Monitor Payments - We do not have any duty to monitor the payments that are made through the Bill Payment Service. If you are a business and an authorized representative of your business uses your Bill Payment Account to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments, and expenses arising out of or in any way connected with such use.

Stop or Change Instructions – You have the right to stop or change any scheduled bill payment. However, you must cancel a payment by no later than 5 PM (Central Time), the business day before the Payment Date, by altering the payment date on the Bill Payment screen, or by calling customer service at 507-534-3137. If the payment date is on a weekend or holiday, the stop payment must be initiated no later than 5 PM (Central Time), 2 business days prior to the payment date.

Bank Errors – If Peoples State Bank of Plainview does not properly complete a bill payment on time or in the correct amount, we will pay any late fees or finance charges, which you reasonably incurred as a result as long as your account was in good standing with the payee prior to this incident. We will also be liable to you if we fail to stop a payment pursuant to your order to do so, so long as your order describes the payment with reasonable certainty and is received at a time and in a manner that affords us a reasonable opportunity to act on it before the payment is sent. Except as stated in this agreement, any stop payment provisions of the agreement otherwise governing your account that is applicable to checks will also apply to the Bill Payment service. We will not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees. In addition, we will not be liable if any third party through whom any bill payment is to be made fails to properly transmit the payment to the intended payee. We will also not be liable if there are insufficient available funds or credit availability in your Bill Payment account and/or overdraft protection plan; if a legal order directs us to prohibit withdrawals from the Bill Payment account; if the Bill Payment account is closed or frozen; or if any part of the electronic funds transfer system is not working properly. We will not be liable for indirect, special, or consequential damages arising out of the use of the Bill Payment Service.

Bill Payment Service Fees – Peoples State Bank offers their Bill Pay Service free of charge. You must enroll if you wish to use the Bill Payment Service. If you want to stop using the Bill Payment Service, you must notify Peoples State Bank of Plainview customer service, 507-534-3137. If you close your current account, you must notify us and designate a new account that will be your Bill Payment account. Additionally, if you close all your accounts, you must notify Peoples State Bank of Plainview customer service to cancel your Online Banking Service.

Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

E-mail: info@PeoplesStateBank.com

Telephone: You can contact us by telephone locally at:

507-534-3137 (Plainview Office)
507-876-2221 (Elgin Office)
507-798-2333 (Millville Office)
715-643-2811 (Boyceville Office)
715-232-9311 (Menomonie Office)
Toll Free 1-800-252-3137

Written:

Peoples State Bank
100 4th Ave SE
Plainview, MN 55964