|Enrollment Agreement for Express Online Banking with Pony Express Bank.
Pony Express Bank Express Online Banking Enrollment Agreement ("Agreement") governs use of our Pony Express Bank Express Online Banking service. As used in this document, the words "you" and "your" refer to Pony Express Bank’s customer(s) and their use of the Service. The words "we" and "our" refer to Pony Express Bank (PEB).
INTRODUCTION – This Agreement explains the terms and conditions governing the online Internet banking offered through Pony Express Bank. By using the Service, you agree to the terms and conditions of this Agreement. The terms and conditions of the deposit agreements and disclosures for each of your accounts held at Pony Express Bank as well as any other agreements with Pony Express Bank, such as for loans, etc., continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement will be governed by and interpreted in accordance with Federal laws and regulations, or to the extent there is no applicable Federal law or regulation, by the laws of the State of Missouri. By accepting below or otherwise using the Service, you agree to use the Service only for bona fide and lawful purposes permitted under this Agreement.
INTERNET BROWSER REQUIREMENT – For your privacy and protection, Pony Express Bank requires your browser to support 128-bit encryption. If you do not know how your browser is set, please contact your browser supplier and ask them for instructions on setting your browser for 128-bit encryption. Links to Microsoft Internet Explorer and Netscape Navigator download sites are provided on the login page for the Service. You are responsible for the installation, maintenance, and operation of your computer and your browser software. The risk of error, failure, or non-performance is your personal risk and includes, but is not limited to, the risk that you do not operate your computer, or your software properly. Pony Express Bank is not responsible for any problems related to electronic virus(es) that may infect your system. Pony Express Bank makes no warranty to you regarding your computer or your software.
ACCESS – To use our Service, you must have a Pony Express Bank account, an email address, and access to Internet services. Once you have accepted this Agreement, we will send you, by postal service at the address we show for your accounts, confirmation of your enrollment. You will need to sign and send the confirmation of requested services back to the Bank. After verification, we will issue a temporary password for you. The initial user ID is your Tax Identification Number (Social Security Number). Upon initial sign-in you will be required to change both your user ID and password per the instructions on our login page. An E-mail address is provided for you to ask questions and for general feedback. Please note that electronic mail (email) cannot be used to initiate transactions on your account(s). For banking transactions, you must use the appropriate functions within Express Online Banking, use Express Telephone Banking, or call your local Pony Express Bank Branch for assistance.
YOUR PASSWORD – We will issue a temporary password to access your account(s). The initial user ID will be pony _ _ _ _ the blanks represent the last four digits of your Tax Identification Number (Social Security Number). Upon initial sign-in you will need to change both your user ID and password per the instructions on our login page. You determine your password and it is not accessible to Pony Express Bank. You are responsible for keeping your password, account number(s) and other account information confidential. We recommend you do not authorize any other person to use your password. If you do authorize any other person to use your password, such authorization will be deemed without limitation. Pony Express Bank will rely on any payment orders or other entries or instructions made by or on behalf of such person using your password until you have met all of the following requirements: (1) you have revoked such authorization; (2) you have changed your password; (3) you have provided us with written notice of such revocation; and (4) Pony Express Bank has had reasonable opportunity to act on such notice. Upon three unsuccessful attempts to use your password, your access is automatically revoked. To re-establish your authorization to use Express Online internet banking, you will need to call the Bank, and may, at our discretion, be required to come into the Bank to reestablish your password to Express Online Banking. To report that your password may have been lost or stolen, or to report that someone has transferred or may transfer money from your account without your permission, immediately notify Pony Express Bank, at (816) 781-9200.
SECURITY – Your role in preventing misuse of your account(s) is extremely important. Examine your statement promptly upon receipt. If you find that your records and Pony Express Bank’s disagree, immediately call us. In addition to protecting your account information, you agree to take precautions to protect your personal identification information, such as your driver’s license, social security number, etc. This information by itself or together with information on your account(s) may allow unauthorized access to your account(s). You agree to notify Pony Express Bank immediately if you believe another person has improperly obtained your password. You also agree to notify Pony Express Bank if someone has transferred or you suspect someone may transfer money from your account(s) without your permission, or if you suspect any type of fraudulent activity on your account(s). Only reveal your account number(s) to a legitimate entity for a purpose you authorize (such as your insurance company for automatic payments). You could lose all the money in your bank account(s). Pony Express Bank will not be responsible for losses that may occur.
PARENTAL GUIDANCE - Children visiting our web site: We do not market or knowingly solicit data from children. We recognize protecting children's privacy online is important and the responsibility to do so rests with both parents and the online industry.
CONSUMER LIABILITY FOR UNAUTHORIZED USE - Your account is a consumer account if it is used primarily for personal, family or household purposes. The following three paragraphs apply to consumer accounts.
If your statement shows transfers that you did not make, you agree to notify Pony Express Bank immediately. If you do not notify us within thirty (30) days following the date of the first bank statement on which the problem first occurred, you might not receive any reimbursement for money lost after the said thirty (30) days.
If you believe your password has been lost or stolen, and you inform us within two (2) business days after you learn of the loss or theft, your maximum loss is $50 if someone used your password without your permission.
If you do NOT tell us within two (2) business days after you learn of the loss or theft, and PEB could have stopped someone from using your password without your permission if you had told us, your maximum loss is $500.
SERVICES – Through Express Online banking, you can manage your personal, sole proprietor, or small business account(s) from your home or office on your personal computer. You can view account balances and transaction histories, transfer money between your accounts, (as noted in the applicable account deposit agreement and disclosure statement), and/or communicate directly with Pony Express Bank through e-mail.
FEES & CHARGES –Refer to your original account disclosures for a fee schedule. There are no additional fees for any of the services offered thru Express Online Banking.
OVERDRAFTS – If your account has insufficient funds to perform all electronic funds transfers (ATM withdrawals, pre-authorized transactions, online banking transfers, etc.) requested for a given business day, then certain electronic funds transfers involving currency disbursement, like ATM withdrawals, will have priority, and the electronic funds transfers initiated through this service may result in overdrawing your account and/or may, at Pony Express Bank’s discretion and without prior notification to you, be canceled. In addition, all overdraft charges that apply will be debited from your account. You also authorize Pony Express Bank to charge any or all of your accounts to cover uncollected funds or overdrafts in your designated account(s). Refer to our Checking Account Truth in Savings Disclosures for further information.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY – Pony Express Bank makes no warranty of any kind, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the internet banking services provided to you under this Agreement. We do not and cannot warrant that Pony Express Bank will operate without errors or that any or all online services will be available and operational at all times. Except as specifically provided in this Agreement or where the law requires a different standard, you agree that we shall not be responsible for any loss, property damage, or bodily injury whether caused by the equipment, software, Internet browser providers, Internet access providers, online service providers, or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special, consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, online financial services, or Internet browser or access software.
HOURS OF ACCESS – You can access your Pony Express Bank account(s) through this Service seven days a week, 24 hours a day. The system may be down due to maintenance and some or all of the online banking may be unavailable at certain times.
POSTING OF TRANSFERS – A transfer initiated on a business day through this Service before 5:00 p.m. Central Time is posted to your account the same day. All transfers completed after 5:00 p.m. Central Time or on a Saturday, Sunday or banking holiday will be posted the next business day.
TRANSFERRING FUNDS – Transfers may be subject to limitations based on individual account types. If a hold has been placed on a deposit(s) made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds being held until the hold expires. Transfers from a Money Market account to another account or to third parties by preauthorized, automatic, phone, or internet transfer are limited to 6 per statement cycle.
DORMANT STATUS – Any account of yours, which the Bank has deemed as a “Dormant Status”, will not be available to you thru Express Online Banking as long as it is dormant. A dormant account status automatically occurs when a checking account has had no activity for six consecutive months. A dormant account savings account is one, which has had no activity for twelve months. To change the status back to active, please contact the Bank. For security purposes, we do require an authorized signers’ original signature verifying the account balance in order change the status.
OBTAINING ACCOUNT BALANCES AND TRANSACTION HISTORIES –You can obtain balances and transaction histories on all eligible accounts. Current balance and activity information will be updated throughout the day.
CHANGES IN TERMS – We reserve the right to change any terms or conditions described in this Agreement. When changes are made to fees, notification will be posted or sent online banking transactions, any changes to limits on the type, amount or frequency of transactions, or any increase in our responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made for security reasons and it can be disclosed without jeopardizing the on-going security of the system, we will provide you with written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the account(s) to which these changes relate.
DISCLOSURE OF ACCOUNT INFORMATION AND TRANSFERS – You understand and agree that in addition to information furnished pursuant to legal process, some information about your account(s) may be disclosed to others. For example, the tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as certain large currency or foreign transactions must be reported to the government. Pony Express Bank may inform a credit bureau or collection agency when accounts are closed by us because they were not handled properly. Disclosure of any information should be in accordance with all applicable Federal laws and regulations.
YOUR RIGHT TO TERMINATE – You may cancel your service at any time by providing us with written notice via postal mail or fax. Within three (3) business days of receiving instructions, your access to online banking will be suspended. You may also cancel any of your Pony Express Bank services by contacting us at (816) 781-9200 in the greater Kansas City area, by calling (660) 645-2222 in the Braymer, Missouri area, or sending cancellation instructions in writing to Pony Express Bank, 215 North 291 Highway, Liberty, Missouri 64068 – Attention: Online Banking Customer Service.
OUR RIGHT TO TERMINATE – Your online banking access may be canceled by Pony Express Bank at any time, without prior notice and for any reason. After cancellation, online banking services may be reinstated at Pony Express Bank’s discretion. To contact the bank regarding reinstatement, please call (816) 781-9200. If you do not access your Pony Express Bank account(s) through our internet banking for a one-year period, we reserve the right to disconnect your service without notice.
COMMUNICATIONS WITH PONY EXPRESS BANK
Telephone – You can contact us by telephone at (816) 781-9200 in the greater Kansas City area, or (660) 645-2222 in the Braymer, Missouri area.
Facsimile – You can contact us by fax at (816) 781-8606.
Postal Mail – You can write to us at
Pony Express Bank
215 North 291 Highway
Liberty, Missouri 64068
Attention: Online Banking Customer Service.
In Person – You may visit us at any of our branch locations.
CONSENT TO ELECTRONIC DELIVERY OF NOTICES – By accepting below or by otherwise using the service, you also agree that any and all disclosures and communications regarding the service between you and Pony Express Bank, including this Agreement, may be made electronically by posting to the Pony Express Bank web site in accordance with applicable law. Any electronic disclosure or communication we make will be considered made when transmitted by Pony Express Bank, and any disclosure or communication we make by posting to our web site will be considered made when posted by Pony Express Bank.
EXCEPT as specified above or as may otherwise be provided by law, PONY EXPRESS BANK shall have no liability for any act or omission in connection with the service, and PEB’s cumulative liability in any one calendar year, should it be found to exist notwithstanding this provision, shall not exceed the fees you have paid for the service in the calendar year, shall not exceed the fees you have paid for the service in that calendar year. Pony Express Bank hereby disclaims, for itself and/or any other entity involved in the providing of this service, all warranties, either expressed, implied, or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or lack of viruses. In no event shall Pony Express Bank or any other entity involved in the providing of the service be liable for (1) damages caused other than by its own gross negligence or intentional misconduct, or (2) indirect, special, incidental or consequential damages.
BY CLICKING THE "I AGREE" BUTTON, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the above terms, please end your account application process now. Changes are not allowed to this agreement, if you do so, this agreement is null and void and all online banking access will be immediately canceled.
By clicking on "I AGREE" below, you are giving us permission to set up service for you as an on-line banking customer.
If you do not wish to enroll, please click on "Return to Bank".