Peoples Trust Company Retail Online and Mobile Banking Service Agreement 

Before you enroll in Peoples Trust Company Online and Mobile Banking, please carefully read through our online and mobile banking agreement. We suggest that you print a copy and retain it for your records.  You cannot enroll until you accept this agreement.   Please be sure you have read the terms and conditions in detail.

Below are the current Online Banking Terms and Conditions. If you would like a printed copy please click or call our Call Center, 802-524-2196, to request a copy.

This Agreement for Peoples Trust Company Online and Mobile Banking Services is between each owner of an eligible account, or authorized representative appointed or entitled to online access on another person’s behalf (“you” or “your”) and Peoples Trust Company (“Us”, “We”, “Our”, “PTC”) who uses Peoples Trust Company Online and Mobile Banking Services. This Agreement describes your rights and obligations as a user of these Services. It also describes the rights and obligations of Peoples Trust Company.

Your checking, savings and certificate of deposit accounts are governed by Peoples Trust Company's "Understanding Your Deposit Account Disclosure" which includes; Terms and Conditions of Your Account, Electronic Transfers, Funds Availability and Truth in Savings. Please refer to this disclosure for information regarding your accounts.

General Terms & Agreement

By requesting and using our Online and Mobile Banking Services, you agree to comply with the terms and conditions of this Agreement. You further agree that the use of these systems are for authorized users only. You acknowledge that in connection with your use of Online and Mobile Banking, Peoples Trust Company and service providers, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Online and Mobile Banking or the Software (collectively “User Information”). Peoples Trust Company and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Online and Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. Peoples Trust Company and service providers also reserve the right to monitor use of Online and Mobile Banking for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.  All joint account owners are authorized to transact on behalf of the other owners on each account.   

1.1      Definitions:

The following definitions govern the terms of this Agreement

Account(s): Means the deposit and loan accounts to which you have access through Peoples Trust Company Online and Mobile Banking Services.

Available Balance:  The current balance of your account minus holds, memo posted debits and plus memo posted credits.

Bill Pay Account: You will select a primary checking account as your designated bill pay account during the enrollment process. You may at any time establish your other Peoples Trust Company checking accounts as additional bill pay accounts. 

Business Day: Means every day, excluding Saturdays, Sundays and federal holidays in accordance with specified cut-off times, or other days that banks are legally closed.

Current Balance:  The Account Balance as of end of the prior business day. 

Electronic Funds Transfers:  ATM withdrawals, preauthorized transactions, point-of-sale transactions, transfers to and from your bank accounts including Online Bill Payment, External Account to Account Transfer, and External Loan Payment.

Online and Mobile Banking: Any Online and Mobile Banking Services maintained by Peoples Trust Company and accessible through ptcvt.com through a browser or downloadable app using a personal computer, or a mobile device, including a smartphone, tablet or any other eligible handheld or wearable communication device providing access to your bank account(s) with us.

Online and Mobile Banking Transfer Cutoff Time: The cut off time on any Business Day and is the time by which you must transmit online banking transfer instructions or cancel those previously requested that are awaiting processing. Online/ Mobile Banking transfer instructions received after this time will be processed on the next business day. Cancellation requests made after the cutoff time for this business day will not be effective and will be processed as previously instructed.

Transfer / Payment Instructions: This is the information provided by you to transfer funds or payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.   

Time of Day: Is Eastern Standard Time or Eastern Daylight Time as applicable.

"We", "Us", "Our": Refers to Peoples Trust Company

"You", "Your": Refers to the person(s) or entity subscribing to or authorized to use Peoples Trust Company Online and Mobile Banking Services including authorized representative(s) appointed or entitled by you through online or mobile banking shared access.

1.2      Access to Services

You must have a User ID, Password, tax identification number, and valid email address to access the services.  To access the services through mobile banking, you will need a mobile phone with text messaging capability, ability to download and install our mobile banking application. 

You are solely responsible for your choice and the associated cost of equipment, wireless carriers, Internet or email service providers, voice/data plans, needed to access the services and for resolving any issues concerning operations, performance, availability, etc. Relating to any of the foregoing with the applicable providers. 

The minimum computer hardware and software requirements to participate in our services are:  a compatible up to date browser and operating system, a screen resolution of 1024 X 768 or higher, current Adobe Acrobat Reader, Adobe Flash Player, JavaScript and Cookies enabled in your session and browser.  We can change these requirements at our discretion and will give you advance notice of any such changes.  Unless you comply with such requirements, you will not be able to participate with our services.  You are solely responsible for setting up and maintaining your computer hardware and software and satisfying all technical requirements.

Access to your account(s) is through www.ptcvt.com and logging into Peoples Trust Company Online Banking or via our downloadable mobile banking application by using your assigned User ID and password you may obtain online instructions on how to use the Online and Mobile Banking Services via the Help button.  To ensure your ability to view various features of the Bank’s website, you understand it is your responsibility to update your web browser periodically.

You may also access your account information through your mobile phone, tablet or Apple watch using your User ID and password, or by texting commands to 454545.  Message and Data rates may apply. 

• BAL – Get your primary account balance
• BAL ALL – Get a listing of all your account balances
• BAL CHK – Get your checking account balance
• BAL SAV – Get your savings account balance
• LAST – Get your last five transactions on you primary account
• TRANS – Transfer money based on a template you have set up.
• STOP – Stop receiving your alerts
• HELP - Help

1.3      User ID and Password Security

We will provide you with tools to access your accounts, using your device, along with your User ID and password.  Use of services will require proper identification and authorization, which may include but not be limited to User ID , password, device ID, one time passcodes, email address, cell phone number and biometric identification (such as fingerprint). You can change your password through Peoples Trust Company Online and Mobile Banking or by calling us at 802-524-2196.  We can reset your password but you will be prompted to change your passwords again to something only you will know.  We may provide you with a temporary password at account opening which you will be required to change at initial login.  We may monitor and audit transactions you make through these services.

Because your User ID and Password are your "keys" to your online banking accounts, they must be protected with the same degree of care and secrecy that you use to protect other sensitive personal financial data. You accept responsibility for the confidentiality and security of your password and agree not to give your Password, or make it available, to any other person. If you do so, you are authorizing that person to make transactions on your Account. Peoples Trust Company will not be liable for and will not reimburse you for any losses that might occur as a result of this authorized use of your Password.

We do not store confidential or sensitive information such as fingerprints, passwords or account numbers on your wireless device in connection with the services. However, User ID s may be stored on your wireless device based on the personal setting you established on your device.  You should safeguard your wireless device, User ID and password against loss or theft.  In order to protect yourself against fraud, you agree to adhere to the following guidelines:

• Do not disclose any of your online banking User ID s, passwords, pass phrases or account information
• Do not write your User ID or password down where they may be easily found
• Do not use commonly known personal identification, such as address, date of birth, names of children
• Do not provide personal or account information requested via email or an email link. Peoples Trust Company will never request confidential information through email
• Always use the latest version of your browser.
• Do not leave your computer/mobile device unattended once you have signed on to online and mobile banking. Be sure to log off from your online/mobile banking session when you are done.  
• Utilize up-to-date anti-virus software, internet security software and up-to-date browser for all your Internet activity

If your device is lost or stolen, report it immediately to your wireless provider.  Except as provided elsewhere in this agreement, we have no responsibility or liability if someone else learns your User ID and password and uses it to access the services.

1.4      Online and Mobile Banking Functions

These services are designed to provide the flexibility and convenience during the access times described in Section 1.9.  You may conduct the following online/mobile banking functions:

• View account balances and transactions
• View or print check images
• View eStatements - Requires separate enrollment
• Access and download transaction information activity in various formats
• Make deposits by taking a picture of a check with your phone via our Mobile App
• Set up Alerts and Notification Services
• Dispute a debit card transaction
• Manage your PTC Debit Card
• Securely Message and Live Chat with a bank representative
• Order Checks
• Access to Money Management for account aggregation, budgeting, etc.
• Access to Turbo Tax
• Access to Digital Receipts (available in Mobile App only)

You may transfer funds based on the following:

*The balance may include overdraft or line of credit funds.

1.5      Alerts and Notifications Service

This alerts service allows you to set up and receive various types of alerts concerning the accounts you select through email and/or text message to your wireless device. You are responsible for providing accurate contact information to receive alerts.  Message and Data Rates may apply through your carrier. 

You must have email access and /or mobile text messaging capability.  You are solely responsible for your choice of equipment, wireless carrier, internet or email service provider, voice/data plans, etc. for resolving any issues concerning operation, performance, availability, costs, etc. relating to any of the foregoing with the applicable provider.

1.6      Secure Message / Live Chat

This service provides you with the ability to send and receive electronic messages to and from us within the platform.  Please be aware that no action will be taken on any electronic message you send to us until we actually receive your message and have reasonable opportunity to act on it.  If you need an immediate response, we recommend contacting us by phone. 

Electronic Messaging CANNOT be used to notify us of forgotten or stolen User ID or passwords; nor can electronic messaging be used to notify us of unauthorized transactions.  Notification of these occurrences must be done by other methods.

1.7      Fee Schedule

There are no monthly or per transaction fees for using Peoples Trust Company Online and Mobile Banking.

1.8      Periodic Statements

All accounts will receive paper statements, unless you enroll in eStatements.  Our eStatements service is free of charge. When you enroll in eStatements, you will no longer receive a paper statement.  In order to enroll in eStatements, you must have a valid email address and consent to receive electronic statements.

eStatements will contain all the same content as the written paper version supplied by the Bank. In addition, eStatements offers ability to view and download to PDF the past 24 months of statements, viewing front and back of checks written.

1.9      Hours of Access

You may use Peoples Trust Company Online and Mobile Banking 24 hours a day, seven days a week, although some or all Online/Mobile banking services may not be available occasionally due to emergency or scheduled maintenance.  

Our business day for online banking means every day, excluding Saturdays, Sundays and federal holidays prior to our cut-off time.   Any activity conducted on a non-business day or on a business day after the stated cut off time will be posted on the next Business Day.

1.10   Reporting Unauthorized Transactions

Contact us immediately at 1-800-479-2196 or 1-802-524-2196 if you believe:

Your Password has been lost, stolen or compromised in any way.

An unauthorized transaction has occurred

Our business hours are 8:00 AM - 4:30 PM Monday through Thursday, 8:00 AM - 6:00 PM on Friday, and 9:00 AM through 12:00 PM on Saturday.  In the event that a compromise has occurred, we recommend that you immediately change your password within online banking to prevent unauthorized transfers or account access. 

1.11   Your Liability

Contacting us immediately 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 after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password without your permission. If you do not tell us within 2 business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your code without your permission if you had told us, you could lose as much as $500.00

1.12   Our Liability for Failure to Make Transfers

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 caused as a result. However, we will not be liable:

• If, through no fault of ours, you do not have enough money in your account to make the transfer
• If you have an overdraft line and the transfer would go over the credit limit
• If the terminal or system was not working properly and you knew about the breakdown when you started the transfer
• If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken
• There may be other exceptions stated in our agreement with you

1.13   No Signature Required

When any payment, ACH draft or other Online Service generates items to be charged to your account as requested by you through Online/Mobile banking services, you agree that we may debit your designated account(s) without requiring your signature on the item and without prior notice to you.

1.14   Modification of this Agreement

We retain the right to modify this agreement at any time. Changes to this agreement will be effective immediately, unless we are required by applicable law to give prior written notice.

1.15   Termination of Services

You are responsible for complying with all terms and conditions of this agreement and all other disclosures governing the loan and deposit accounts which you access using Peoples Trust Company Online and Mobile Banking services. We may terminate your use of these Services at any time without prior written notice, for any reason, including inactivity.

You may terminate your use of our Peoples Trust Company Online and Mobile Banking at any time by contacting us at 1-800-479-2196 or 1-802-524-2196, by writing to us at PO Box 320, St. Albans, VT 05478 or in person at one of our Branch locations. Your notice of cancellation must provide us with a reasonable opportunity to act on it.

1.16   Electronic Fund Transfer Provision for Consumers

Transfers that debit or credit a consumers deposit account are subject to the Electronic Funds Transfer Act, EFTA, as implemented by Regulation E (12 CFR205). You were provided a copy of the EFTA disclosure, Understanding Your Deposit Account Disclosure, when you opened your account. If you have questions concerning this disclosure, or wish to receive a paper copy, you may contact us at or 1-800-479-2196 or 1-802-524-2196. There is no charge for this service.

1.17   Privacy

We are committed to protecting your privacy. All information gathered from you in connection with the use of Peoples Trust Company Online and Mobile Banking services will be governed by our privacy policy, which is available on our website at ptcvt.com. If you wish to receive a paper copy, you may contact us at or 1-800-479-2196 or 1-802-524-2196. There is no charge for this service.

Mobile Check Deposit Service

In order to use this Service, you must obtain and maintain, at your sole cost and expense, a compatible mobile device with a camera that meets all technical requirements, as specified by the Bank for the proper delivery of the Service.   

2.1    Eligible Items:

You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image of the check transmitted to Peoples Trust Company is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an “Item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

2.2      Ineligible Items: 

You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items. This list may be amended at any time. 

• Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into
• Checks containing an alteration on the front of the item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn. Checks payable jointly, unless deposited into an account in the name of all payees.
• Checks previously converted to a substitute check, as defined in Reg. CC.
• Checks drawn on a financial institution outside the United States.
• Checks not payable in United States currency.
• Checks that are remotely created checks, as defined in Reg. CC.
• Checks dated more than 6 months prior to the date of deposit.
• Checks with any endorsement on the back other than that specified in this agreement.
• Checks payable on sight or payable through Drafts, as defined in Reg. CC.
• Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any financial institution.
• Checks or items that are drawn or otherwise issued by the U.S. Treasury Department.

2.3      Endorsements and Procedures:

Prior to electronically transmitting a digital image of the original check, you will restrictively endorse the check as follows: endorsements must be made on the back of the check within 1 ½ inches from the top edge, although we may accept endorsements outside this space.

Your endorsement must include:

• Your signature
• ”FOR MOBILE DEPOSIT”
• The bank name (“Peoples Trust Company” or “PTC”)

You agree to follow any and all other procedures and instructions for use of Mobile Check Deposit we may establish from time to time.

Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.

You will scan the front and back of each check to be deposited. Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, including the requirements under federal Regulation CC, and other regulatory agency, clearing house or association.

If the check is payable to you or your joint owner, either of you can endorse it. If the check is payable to you and your joint owner, both of you must endorse the check.

2.4      Receipt of Deposit:

All images processed for deposit through Mobile Check Deposit will be treated as “deposits” under your “Understanding your Deposit Agreement” with us and will be subject to all terms of the Account Agreement. You understand and agree that electronically transmitting a digital image of a check does not constitute receipt by the bank. We shall not be deemed to have received the image for deposit until the image is posted to your account. We are not responsible for any image we do not receive.

Upon receipt of a Mobile Check Deposit submitted by you, the Bank may examine such Mobile Check Deposit and the images and other information contained therein to ensure that you have complied with this Agreement and followed the Procedures. The Bank may, at its option, also perform a risk management analysis of one or more Mobile Check Deposits submitted by you to detect potentially fraudulent checks. If the Bank determines that you have not complied with this Agreement or followed the Procedures or if errors exist in the Images or other information contained in the Mobile Check Deposit, the Bank, in its sole discretion, may reject the Mobile Check Deposit. If, after examination of a Mobile Check Deposit, the Images and other information contained therein, the Bank determines that you have complied with this agreement, processed, and transmitted the Mobile Check Deposit in accordance with the Procedures, the Bank shall accept the Mobile Check Deposit for deposit to your Account. Notwithstanding the fact that Bank has accepted a Mobile Check Deposit for processing, any credit made to your Account shall be provisional until the final settlement of the deposited item, and you shall remain liable to the Bank for any errors, inaccuracies, breach of warranties and other loss sustained by, or claim made against, the Bank.

2.5      Availability of Funds:

Mobile Check Deposits confirmed as received before 3:00 PM EST (12:00 PM PST) on a business day will be credited to your account the same day. Deposits confirmed received after 3:00 PM EST (12:00 PM PST) and deposits confirmed received on holidays or days that are not our business days will be credited to your account on the following business day. 

Even after Peoples Trust Company has made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to the Bank unpaid for any reason.

2.6      Maintenance and Disposal of Transmitted Checks:

Upon verification that a Mobile Check Deposit has successfully posted to your account, you agree to securely retain the check for at 30 calendar days from the date of the image transmission. After 30 days, you agree to destroy the check that you transmitted as an image by marking it “VOID” and destroying it by cross-cut shredding or another commercially acceptable means of destruction. Upon our request, from time to time, you will deliver to us within 24 hours, at your expense, the requested original check. If not provided, such amount will be reversed from your account.

You agree that you will never re-present the original check. You understand that you are responsible if anyone presents the original check for payment.

2.7      Deposit Limits:

We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. See Section 1.4 for Mobile Check Deposit limits and cut off times.  These limits are subject to change at any time.

2.8      Errors:

You agree to notify Peoples Trust Company of any suspected errors regarding items deposited through the Services right away, and in no event later than 30 days after applicable account statement is sent. Unless you notify Peoples Trust Company within 30 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against Peoples Trust Company for such alleged error.

2.9      Errors in Transmission:

By using the Service you accept the risk and the liability that an item may be intercepted or misdirected during transmission.

2.10   Warranties

You warrant to Peoples Trust Company that:

• You will only transmit eligible items.
• You will not transmit duplicate items
• You will not re-deposit or re-present the original item.
• All information you provide to Peoples Trust Company is accurate and true.
• You will comply with this Agreement and all applicable rules, laws and regulations.
• You are not aware of any factor which may impair the collectability of the item.
• You agree to indemnify and hold harmless Peoples Trust Company and their respective officers, directors, employees, agents, insurers (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from any loss for breach of this warranty provision.
• You make the following warranties with respect to each image:
• Each image is a true and accurate rendition of the front and back of the original check without any alteration, and the drawer of the check has no defense against payment of the check.
• The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.
• You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make a payment based on an item that has already been paid.
• There are no other duplicate images of the original check.
• The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
• You have possession of the original check and no party will submit the original check for payment.
• You agree that files and images transmitted to us will contain no viruses or other disabling features that may have an adverse impact on our network, data, or related systems.

2.11   Cooperation with Investigations:

You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

In the event that Mobile Check Deposit is unavailable, you may deposit original checks at our branches or through our ATMs or by mailing the original check to: Peoples Trust Company: PO Box 320, St. Albans, VT 05478. You hereby acknowledge and agree that we shall not be liable to you for any loss or damage of any nature sustained by you as the result of your inability to use the Service.

2.12   Mobile Check Deposit Security:

You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure your mobile device remains securely in your possession until the deposit is completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. If you learn of any loss or theft of original checks, you will notify us immediately by telephone at 802-524-2196 or toll free at 800-479-2196. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. You agree to notify us promptly if your mobile device is lost or stolen or you have any reason to believe your Mobile Check Deposit access may have been or is subject to a compromise.

Move Money Services

3.0      Definitions: 

In addition to the definitions listed in Section 1.1, the following definitions are specific to Move Money Services

ACH Network: Means the funds transfer system, governed by the NACHA Rules that provide funds transfer services to participating financial institutions.

Affiliates:  are companies related by common ownership or control.

Eligible Transaction Account: Is a transaction account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.

Payment Instructions: Is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.

Payment Network:  Means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.

Service Provider:  Means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

3.1      Introduction

Move Money Services include Traditional Bill Pay services as well as loan payments from external accounts, and external transfers.  This agreement applies to your use of each of these services.

 3.2   Service Providers

We are offering you these Services through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Services to you, we are the sole party liable to you for any payments or transfers conducted using the Services and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Services. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. Service Provider and certain other capitalized terms are defined in a "Definitions" Section 1.1 in the General Terms of this Agreement and at the beginning of Section 3, Move Money Services.

3.3      Amendments

We may amend this Agreement and any applicable fees and charges for the Services at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of any of the Services after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Services and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Services, and/or related applications and material, and limit access to only the Services’ more recent revisions, updates, upgrades or enhancements.

3.4      Our Relationship with You

We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Services. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Services (including but not limited to recipients to whom you send payments).

3.5      Assignment

You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

3.6      Notices to Us Regarding the Services

Except as otherwise stated elsewhere, notice to us concerning the Site or any Services shall be given by phone at 1-800-479-2196 or 1-802-524-2196, or in person at one of our branch locations or via postal mail to: Peoples Trust Company, PO Box 320, 25 Kingman Street, St. Albans, VT, 05478

We will act on your telephone calls as described below in Section 3.22 of the Errors, Questions, and Complaints, but otherwise, such telephone calls will not constitute legal notices under this Agreement.

3.7      Notices to You

You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile.  For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones.  All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 3.6 of the Move Money Section. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.

3.8      Text Messages, Calls and/or Emails to You.

By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identify verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.

3.9      Receipts and Transaction History

You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.

3.10   Your Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

3.11   Privacy of Others

If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.

3.12   Eligibility

The Services are offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Services, you represent that you meet these requirements and that you agree to be bound by this Agreement.

3.13   Prohibited Payments

The following types of payments are prohibited through the Services, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:

• Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
• Payments that violate any law, statute, ordinance or regulation; and
• Payments that violate the Acceptable Use terms in Section 3.14 of the Move Money Section; and
• Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
• Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
• Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
• Tax payments and court ordered payments.

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section 3.6 of the Move Money Section of any violations of the General Terms or the Agreement generally.

3.14   Acceptable Use.

You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Services, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are  prohibited from using the Services for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Services or the portion of the Site through which the Services are offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Sites or Services, or interfere or attempt to interfere, with the Sites or the Services; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 3.6 of the Move Money Section of any violations of the General Terms or the Agreement generally.

3.15   Payment Methods and Amounts.

There are limits on the amount of money you can send or receive through our Services. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Services, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, a point of sale transaction, an electronic debit, a paper check drawn on the account of our Service Provider, or draft drawn against your account.

3.16   Your Liability for Unauthorized Transfers.

Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer care for the Services in the manner set forth in Section 3.6 of the Move Money Section. You acknowledge and agree that time is of the essence such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains payments that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.

3.17   Taxes

 It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

3.18   Failed or Returned Payment Instructions

 In using the Services, you are requesting that we or our Service Providers attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:

You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;

You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;

Service Provider is authorized to report the facts concerning the return to any credit reporting agency.

3.19   Address or Banking Changes

 It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, phone numbers and email addresses. Depending on the Service, changes may be able to be made within the user interface of the Service or by contacting us as set forth in Section 3.6 of the Move Money Section. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.

3.20   Information Authorization

 Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information, physical location and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers' everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition we and our Service Providers may use, store and disclose such information acquired in connection with the Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service.

3.21   Service Termination, Cancellation, or Suspension

 If you wish to cancel any of the Services, you may contact us as set forth in Section 3.6 of the Move Money Section. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.

3.22   Errors, Questions, and Complaints

3. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 3.6 of the Move Money Section.
4. If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:

• Tell us your name;
• Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
• Tell us the dollar amount of the suspected error.

1. If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.

3.23   Intellectual Property

All other marks and logos related to each Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors' exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

3.24   Links and Frames

Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.

3.25   Password and Security

If you are issued or create any password or other credentials to access a Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in Section 3.6 of the Move Money Section. See also Section 3.16 of the Move Money Section regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

3.26   Remedies

 If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section 3.26 of the Move Money Section are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.

3.27   Disputes

 In the event of a dispute regarding a Service, you and we agree to resolve the dispute by looking to this Agreement.

3.28   Arbitration

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

3.29   Law and Forum for Disputes

Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 3.28 of the Move Money Section) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 3.28 of the Move Money Section. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.

3.30   Indemnification

You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney's fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Service.

3.31   Release

You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

3.32   No Waiver

 We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

3.33   Exclusions of Warranties

The sites and services and related documentation are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.  In particular, we do not guarantee continuous, uninterrupted or secure access to any part of our service and operation of our site may be interfered with by numerous factors outside of our control.  Some states to do not allow the disclaimer of certain implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.     

3.34   Limitation of Liability

The foregoing shall constitute your exclusive remedies and the entire liability of us and our affiliates and service providers and the employees and contractors of each of these, for the service and the portion of the site through which the service is offered.  You acknowledge and agree that from time to time, the service may be delayed, interrupted or disrupted periodically for an indeterminate amount of time due to circumstances beyond our reasonable control, including, but not limited to any interruption, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions, internet disruption or other reasons.  In no event shall we or our affiliates or service providers or the employees or contractors of any of these, be liable for any claim arising from or related to the service caused by or arising out of any such delay, interruption, disruption or similar failure.  In no event, shall we or our affiliates or service providers or the employees or contractors of any of these, be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, including loss of goodwill or lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the service or the portion of the site through which the service is offered, even if such damages were reasonably foreseeable and notice was given regarding them.  In no event shall we or our affiliates or service providers or the employees or contractors of any of these be liable for any claim arising from or related to the service or the portion of the site through which the service is offered that you do not state in writing in a complaint filed in a court or arbitration proceeding as described in sections 28 and 29 of the general terms above within two (2) years of the date that the event giving rise to the claim occurred.  These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.  Our aggregate liability, and the aggregate liability of our affiliates and service providers and the employees and contractors of each of these, to you and any third party for any and all claims or obligations relating to this agreement shall be limited to direct out of pocket damages up to a maximum of $500 (five hundred dollars).  Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.    

3.35   Complete Agreement, Severability, Captions, and Survival

You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Move Money Services and the portion of the Site through which the Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 3.2, 3.5-3.7, 3.11, 3.17, 3.18, 3.23, and 3.26-3.35 of the General Terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.     

Bill Payment Service Additional Terms

4.0    Definitions:

In addition to Section 1.1 and 3.0 Move Money Service Definitions, the following definitions are specific to Bill Payment Additional Terms:

Biller or Payee:        Is the person or entity to which you wish a payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

Billing Account:       Is the checking account from which any applicable Service fees will be automatically debited.

Due Date:                 Is the date reflected on your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.

Exception Payments:         Means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).

Payment Instruction:        Is as defined in Move Money Services General Terms Definitions, and is further defined as the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller/Payee name, Biller account number, and Scheduled Payment Date).

Scheduled Payment:         Is a payment that has been scheduled through the Service but has not begun processing.

Scheduled Payment Date:           Is the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

4.1      Description of Service: 

Bill Payment means these Bill Payment Service Additional Terms. The bill payment service (for purposes of these Bill Payment Terms, and the General Terms as they apply to these Bill Payment Terms, the "Service") enables you to receive, view, and pay bills from the Site.

4.2      Payment Scheduling

The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Service is offered when you are scheduling the payment. Therefore, the Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft, the draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.

4.3      The Service Guarantee

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the Section 4.2 of the Bill Payment Terms (Payment Scheduling).

4.4      Payment Authorization and Payment Remittance

By providing the Service with names and account information of Billers or payees to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the Site. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller or payee directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Eligible Transaction Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will attempt to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee (as described in Section 4.3 of the Bill Payment Terms) shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

If, through no fault of the Service, your Eligible Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;

You have not provided the Service with the correct Eligible Transaction Account information, or the correct name, address, phone number, or account information for the Biller; and/or,

Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

4.5      Payment Cancellation Requests

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Service is offered. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

4.6      Stop Payment Requests

The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact customer care for the Service in the manner set forth in Section 3.22 of the Move Money Section. Although the Service will attempt to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

4.7      Exception Payments Requests

Exception Payments may be scheduled through the Service, however Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall the Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Service Guarantee (as described in Section 4.3 of the Bill Payment Terms) does not apply to Exception Payments.

4.8      Bill Delivery and Presentment

 The Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

Presentation of electronic bills:  You will receive electronic bills from a Biller only if both: (a) you have designated it in the Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary "trial basis." In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.

 Paper Copies of electronic bills: If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.

Sharing Information with Billers:  You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Service's records and the Biller's records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for "trial basis" electronic bills.

Information held by the Biller:  We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses that is held by the Biller. Any changes will require you to contact the Biller directly. Additionally it is your responsibility to maintain all User ID s and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. We may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller for purposes of the Biller matching your identity against its records or informing you about the Biller's services and/or bill information.

Activation:  We will notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to obtain bill data:  You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills.  For some Billers, you will be asked to provide us with your User ID and password for that biller.  By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification:  We will attempt to present all of your electronic bills promptly. In addition to notification within the Service, we may send an email notification to the email address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification:  The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s):  You agree to hold us harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly

Accuracy and dispute of electronic bill:  We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be directly addressed and resolved with the Biller by you.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers or other payees.

4.9      Disclosure of Account Information to Third Parties

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make in the following situations pursuant to our Privacy Policy (as further described in Section 3.10 (Your Privacy) of the General Terms), in addition to the circumstances set forth in Section 3.20 of the Move Money Section (Information Authorization):

Where it is necessary for completing transactions;

Where it is necessary for activating additional services;

In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;

To a consumer reporting agency for research purposes only;

In order to comply with a governmental agency or court orders; or,

If you give us your written permission.

4.10   Service Fees and Additional Charges

You are responsible for paying all fees that may be associated with your use of the Services. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 3.18 of the Move Money Section (Failed or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the Billing Account for such fees, as described in this Section, and there are insufficient fees in the Billing Account.

4.11   Biller Limitation

The Service reserves the right to refuse to pay any Biller or other person or payee to whom you may direct a payment. As required by applicable law, the Service will notify you promptly if it decides to refuse to pay a Biller designated by you, as set forth in Section 3.13 of the Move Money Section (Prohibited Payments) or an Exception Payment under this Agreement.

4.12   Returned Payments

 In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Eligible Transaction Account. You may receive notification from the Service.

4.13   Information Authorization

In addition to Section 3.20 of the Move Money Section (Information Authorization), you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

ACCOUNT TO ACCOUNT TRANSFERS (INCLUDING LOAN PAY) ADDITIONAL TERMS

5.0    Definitions:

In addition to Section 1.1 and 3.0 Move Money Service Definitions, the following definitions are specific to Account to Account Transfers Additional Terms:

Account:       Means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.

Eligible Transaction Account:      Is as defined in Move Money Services General Terms Definitions, except that it shall be limited to a checking, money market or savings account that you hold with us.

External Account:   Is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account.

Transfer Instruction:         Is a specific Payment Instruction (as defined in Section 36 of the General Terms) that you provide to the Service for a transfer of funds

5.1      Description of Service, Authorization and Processing

The term "Transfer Money Terms" means these Account to Account Transfers Additional Terms. The Account to Account transfer service (for purposes of these Transfer Money Terms, and the General Terms as they apply to these Transfer Money Terms, the "Service") enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.

When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds.

We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:

• If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
• The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
• The transfer is refused as described in Section 3.6 of the Transfer Money Terms below;
• You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,
• Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.

It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.

5.2      Transfer Methods and Amounts

Section 3.15 of the Move Money Section (Payment Methods and Amounts) applies to the Service, even in circumstances where the External Account is closed and we are attempting to return funds to such Account.

5.3      Transfer Cancellation Requests and Refused Transfers

You may cancel a transfer at any time until it begins processing (as shown in the Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Account that we debited for the funds transfer. If this is unsuccessful (for example, the Eligible Transaction Account has been closed) we will make reasonable attempts to otherwise return the funds to you.

5.4      Stop Payment Requests

 If you desire to stop any transfer that has already been processed, you must contact customer care for the Service pursuant to Section 3.22 of the Move Money Section. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.

5.5      Service Fees and Additional Charges

You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 3.18 of the Move Money Section (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section 3.18 of the Move Money Section should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.

5.6      Refused Transfers

We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.

5.7      Returned Transfers

 In using the Service, you understand transfers may be returned for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer and credit your Account from which you attempted to transfer funds. You may receive notification from us.

For more information regarding this Disclosure and Agreement you may contact us at 1-800-479-2196 or 1-802-524-2196.

REV 11/2021