Personal Electronic Banking Services Agreement and Disclosure
This Personal Electronic Banking Services Agreement and Disclosure (“Agreement”) explains the terms and conditions governing the use of RSNB Bank’s Personal Electronic Banking Services (“PEBS”). PEBS includes all online banking services, except bill payment and Popmoney® services which are governed by a separate agreement, mobile and tablet banking. By clicking the “I Accept” button at the end of the page, you confirm your agreement to be bound by the terms of this Agreement and acknowledge your receipt and understanding of this disclosure. By using any of PEBS, you agree to abide by the terms and conditions of this Agreement. Please read it carefully.
Your accounts are governed by their respective contracts, disclosures of account terms, borrowing agreements, notes, applicable fee schedules, and any other agreement evidencing the terms and conditions of your accounts (collectively referred to as “Account Agreements”). If any provision of this Agreement is in conflict with the Account agreements, the Account Agreements shall prevail.
This Agreement may be revised to reflect changes or additional new services at any time, effective upon posting the revised Agreement on RSNB Bank’s website. Continued use of the PEBS after posting of a revised Agreement will constitute acceptance of the revised terms and conditions of the Agreement, unless some other type of notification is required by law or regulation.
Definition of Terms
The words “we,” “our” and “us” mean RSNB Bank. In this Agreement, the words “you” and “your” mean those who request and use PEBS, any joint owners of accounts accessed under this Agreement or any person authorized by you to use your PEBS. “Account” means any one or more deposit, loan or other accounts you have with RSNB Bank to which you have access through PEBS. An Account may be owned by a consumer or a business entity. “Enrollment Form” means the form you complete and submit to receive PEBS. “Credentials” means the access ID, password and other security credentials used to authenticate identity and access PEBS. “Business Days” are Monday through Friday except Federal Reserve Bank holidays.
Online Banking Service
PEBS are services provided to RSNB Bank customers (consumers, sole proprietors and other business customers, at our discretion). PEBS are available to you through computers and certain supported mobile devices and tablets. Access via mobile devices for the mobile browser or text messaging must be activated through RSNB Online. You may download the mobile app through Apple App Store, Google Play, or Amazon Appstore or activate the app through RSNB Online. Additional terms and conditions apply and will be presented online for acceptance prior to PEBS being activated. In order for you to use PEBS, you must be the owner/signer of at least one Account at RSNB Bank. You must have a working connection to the Internet, a web browser that provides strong encryption, a valid email address and Adobe Acrobat Reader 9.0 or greater (to receive and view statements and notices). Mobile Banking is available through participating wireless carriers and supported mobile devices. It is your responsibility to notify RSNB Bank of any and all changes to your email address. RSNB Bank accepts no responsibility or liability for the consequences of your failure to notify us of all changes to your email address.
For joint accounts, each person with access to PEBS will have separate Credentials.
At the present time, you may use PEBS to access your accounts and perform the following functions:
- Review account balances and transaction history;
- Transfer funds between your accounts on either a one-time or recurring basis, including payments to installment or mortgage loans;
- Transfer funds between your account and accounts you own outside the bank;
- Pay bills directly from your eligible accounts;
- Perform person-to-person payments through Popmoney®;
- Review account statements;
- Review pending transactions;
- Set-up and receive alerts via email or text message;
- View and print check images;
- Receive account statements and notices electronically instead of paper statements via the e-Statements service; and
- Export your account information to financial management software programs such as Quicken®, QuickBooks® or a CSV (Comma Separated Value) document
Not all functions listed above are available for mobile and tablet banking. It is your responsibility to notify RSNB Bank of the loss or theft of your mobile phone or tablet. Mobile banking allows you to add more than one mobile phone or tablet to your online account. If you add another mobile phone or tablet to your online account, you certify that you are giving permission to the owner of the mobile phone or tablet to access your accounts.
We recommend that you print a copy of this Agreement for your records and that you periodically check for updates or changes and review the latest Agreement available.
Once we receive your Enrollment Form, we will provide you with Credentials. Your initial Credentials will be temporary. For security purposes, you are required to change your Credentials the first time you access Online Banking. We also require that you create an access ID that is unique to you and a password that is 8 to 15 characters in length, and consists of at least one (1) upper-case letter, one (1) lower-case letter, one (1) numeric character and one (1) special character. You create your password and your password is not available to us. By entering your Credentials, you authorize us to follow any instructions entered through PEBS. You accept responsibility for the privacy and security of your Credentials and agree not to give your Credentials or make them available to any other person. RSNB Bank is entitled to act upon instructions received through PEBS under your Credentials without inquiring into the identity of the person using your Credentials. You will be required to change your password every ninety (90) days. RSNB Bank assumes all transactions authorized by your Credentials are legitimate. You assume responsibility for all transactions up to the limits allowed by applicable law. RSNB Bank will not be responsible for any loss due to breach in the aforementioned security procedures.
Access to PEBS will be locked for 30 minutes in the event your password is entered incorrectly on three (3) consecutive access attempts. After two (2) consecutive lockouts, you will need to re-establish your authorization to use PEBS. Contact us at 307-362-4802 to restore access to your PEBS.
When you use PEBS, you must use your Credentials to access your account. The Accounts to which you may have access through Online Banking include your checking and savings accounts, certificates of deposit, and loans and lines of credit. Accounts you open after enrollment in Online Banking may be included in PEBS unless you instruct us otherwise in writing. If you have an account that you are unable to access, you may request that it be added. Accounts are added at RSNB Bank’s sole discretion. We undertake no obligation to monitor transactions through PEBS to determine that they are made on behalf of the account holder.
PEBS are accessible seven (7) days a week, twenty-four (24) hours a day, except for reasonable periods from time to time for system maintenance. There may also be unscheduled down time, but we work to minimize such interruptions in service. You agree that we are not liable for scheduled or unscheduled interruptions of PEBS. During times when services are not available, you may use ATMs or offices to conduct your transactions (assuming you have applied for and been accepted to utilize ATM services).
If you do not access PEBS during any consecutive one hundred eighty (180) day period, your access to PEBS may be terminated without notice to you.
You understand the importance of your role in preventing misuse of your accounts through PEBS and agree to promptly examine statements for your Accounts as soon as they are available. You agree to protect the confidentiality of your Accounts and account numbers and your personal identification information (e.g., your driver’s license number and social security number). You understand that personal identification information by itself or together with information related to your Accounts may allow unauthorized access to your Accounts. Your Credentials, along with other security features, are intended to provide security against unauthorized entry and access to your Accounts. You agree that properly logging off PEBS (by clicking the “Log Out” button) is required to protect access to your PEBS. You assume all risks associated with disclosure or discovery of any security procedure (including Credentials) to or by others. Data transferred via PEBS is encrypted in an effort to provide transmission security. PEBS utilize identification technology to verify that the sender and receiver of system transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that PEBS are secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including email, occur openly on the Internet and can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the PEBS, or email transmitted to and from us, will not be monitored or read by others.
You may use PEBS to check balances and recent activity of your Accounts. Any balance shown by PEBS will include a date as of which the balance is current. The balance shown may also differ from your records because it may not include pending items such as deposits in progress, outstanding checks or other withdrawals, payments, charges, or items in process. Certain pending items are available to view in Online Banking. Due to processing constraints, there may be some pending items that affect balance activity, which are not available to view in Online Banking.
Bill Payment Services and Popmoney® Personal Payments Service
You may elect to receive email and/or text message eAlerts to receive certain information regarding eligible accounts you have selected using PEBS. We will send alerts based upon the instructions you provide to us. The mobile phone number and email address(es) you provide are neither reviewed nor verified by RSNB Bank prior to or following setup of an alert. It is your responsibility to correctly enter and keep current your email address, phone number, and cell phone provider, as required for the type of eAlert you have selected. You agree that we may send these alerts in an unencrypted format, which may include your name, account number (which will be masked), account activity, and other confidential information. You consent to delivery by the method you have selected and sharing of information with anyone who may have access to your computer, email or mobile device.
You acknowledge and agree that your receipt of an eAlert may be delayed or prevented by factors affecting your mobile or Internet provider and other factors outside of our control. We neither guarantee the delivery nor the accuracy of the contents of each eAlert. If we do not send or you do not otherwise receive an eAlert, or such eAlert is delayed or misdirected for any reason, such action does not affect your liability, rights or responsibilities with respect to your accounts and services. We will not be liable for any losses or damages arising for our failure to send eAlerts, inaccurate content in eAlerts, or any action taken or not taken due to eAlerts.
eAlerts are not designed to replace any other notices we send to you. You agree to continue to review all correspondence from us regarding your accounts and services with us. This service is provided as a convenience to you for informational purposes only. An eAlert does not constitute a bank record for the deposit or credit account to which it pertains. You may deactivate the eAlert service at any time through RSNB Online. RSNB Bank reserves the right to terminate this service at any time.
You may use PEBS to initiate electronic funds transfers from your checking, savings, or money market account to other eligible accounts at RSNB Bank. Transfers you make through PEBS before 6:00 p.m. MST on a business day are posted to your account on the same day. Transfers you make after 6:00 p.m. MST on a business day, Saturday, Sunday or Federal Reserve Bank holiday may not be posted until the next business day. RSNB Bank identifies transfers based upon the Credentials of the user who made the electronic transfer. You agree to communicate with any other persons with authorized access to your accounts about any transfers from your account in order to avoid overdrafts.
Unless you schedule or designate a future date on which a transfer should be made, instant transfers of funds will be transferred promptly after you submit the transfer online. You may not delete or modify an instant transfer once you have completed the transfer online. You may reverse the transaction by transferring the funds back to the account from which it was moved. Scheduled, future-dated or recurring transfers may be modified or deleted by editing the transfer or using Delete on the Transfer List page on the account level page. For assistance in modifying or deleting a transfer, please call 307-362-4802.
Account-to-Account Transfers (A2A)
For the purpose of A2A , “Transaction Account” is the Account from which your funds will be debited, your A2A fees will be automatically debited, or to which funds will be returned. “Recipient Account” is the account to which your funds will be credited. “Transfer Instruction” is the information provided by you for a transfer of funds to a Recipient Account. “Service Provider” means companies that we have engaged to render some or all of the Services to you on our behalf.
We are offering you A2A through one or more Service Providers that we have engaged to render some or all of A2A to you on our behalf. 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.
In RSNB Online, you may enroll in the option of transferring funds between your Accounts within online banking and certain deposit or brokerage accounts at other financial institutions. A2A is offered only to consumers and sole proprietors. You represent and warrant that you are the sole owner or joint owner on the Recipient Accounts and have all the necessary legal rights, powers and authorities to transfer funds between the accounts. Further, you represent and warrant that the Recipient Accounts are located in the United States. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of A2A, regardless of the purpose of the use. In addition, you are prohibited from using A2A for activities that (a) violate any law, statute, ordinance or regulation; (b) payments related to illegal gambling, illegal gaming and/or any other illegal activity with an entry fee or a prize, including, but not limited to, casino games, sports betting, horse or greyhound racing, lottery tickets, and other ventures that facilitate gambling, games of skill and sweepstakes.
You will need to set up and verify each of your non-RSNB Bank accounts that you wish to use for these transfers. To ensure you are the rightful owner and have proper access to the non-RSNB Bank accounts, you will be required to validate the account in one of two ways, Real-Time Account Verification or Trial-Deposit Verification. You may enter your Online Banking credentials of the non-RSNB Bank accounts or verify a set of small dollar transactions that are sent within one to three business days to the non-RSNB Bank accounts. Once the validation of the non-RSNB Bank accounts is completed, you may begin transfers between the accounts.
Incoming and outgoing Standard three-day and Next-Day transfers are available. A Transaction Account must qualify for next-day transfer service. Next-day transfers are not available if the Transaction Account has had any overdraft in the last three months immediately prior to the transfer date. Incoming next-day transfers must also have completed a transfer of $500 or greater within thirty (30) days and have a minimum balance of $750 at the time of the transfer. Outgoing next-day transfers must retain a $500 available balance after the outgoing next-day transfer.
Cutoff time for Standard three-day transfers is 11:00 p.m. MST, after which time such requests will be processed the next business day. Cutoff time for Next-Day transfers is 6:00 p.m. MST, after which time such requests will be processed the next business day.
Applicable fees will be disclosed at the time of the transfer initiation. Once you submit the transfer, you agree to pay such charges and authorize us to deduct the applicable fee from your account.
Transaction limits are imposed for incoming and outgoing transactions. Limits are based per transaction, daily, outstanding, and monthly (rolling 30-day period). You can view your limits in A2A. We may, at our sole discretion, impose different limits on the amount of money you can transfer through A2A. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits upon the occurrence of a “Disqualifying Event”. Each of the following is a Disqualifying Event:
- Any of your accounts with RSNB Bank are not current or in good standing;
- You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any RSNB Bank account during the current or three (3) prior calendar months;
- You have had any prior A2A transfer cancelled, revoked or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts or for any similar reason.
We may suspend, terminate or limit your access to A2A at any time for a Disqualifying Event or if we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this agreement.
When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you. You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including, but not limited to, insufficient 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 Transaction Account does not contain sufficient funds to complete the transfer;
- A2A 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 below;
- You have not provided us with the correct information, including, but not limited to, the correct Transaction Account or Recipient 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 prevents 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 A2A, and for informing us as soon as possible if you become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient 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.
We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a prohibited transfer under this Agreement.
If we are unable to complete the transfer for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account to cover the transaction), the transfer may not be completed. In some instances, you will receive a return notice from us. In each such case, the uncollected portion of the debit transaction may be resubmitted. If following a resubmission, the debit is still uncollected or returned and the credit cannot be reversed, a new debit transaction shall be issued in the amount of the uncollected portion. If we are unable to recover the uncollected portion, we may additionally debit any of the other accounts that are accessible in A2A.
You may cancel a transfer at any time until it is “In Process”, as shown in A2A. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check.
If you desire to stop any transfer that has already been processed, you must contact Online Banking Support at 307-362-4802. Although we will make a reasonable effort to accommodate you 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 stop payments as set forth in the applicable fee schedule.
Transfers may be returned for various reasons such as, but not limited to, the Recipient Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Recipient Account. If we are unable to correct the transfer, the transfer will be voided and we will credit your Transaction Account. All future scheduled one time or recurring transfers will be automatically cancelled. You may receive notification from us.
You may be assessed a fee by us if the transfer is returned because you have insufficient funds in your Transaction Account to cover the requested transfer. The fee amount will be as set forth in the applicable fee schedule. You will reimburse us for any fees or costs we incur in attempting to collect the amount of the return from you and we may report the facts concerning the return to any credit reporting agency.
You may receive certain A2A notices via email. Any notice shall be deemed received by you no later than twenty-four (24) hours after they are sent. It is your responsibility to keep your email address current.
Your enrollment in A2A may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in A2A, you agree that we and our Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau.
In the event you wish to cancel A2A, you may call 307-362-4802 during regular business hours or write us at the address listed under “Communications Between RSNB Bank and You”. Any transfers we have already processed before the requested cancellation date will be completed. Please see “Transfer Limitations” for limitations on certain deposit accounts and “Your Liability for Unauthorized Transfers” if you do not recognize an A2A transfer on your Transaction Account.
If your account has insufficient funds to perform any electronic fund transfers (EFT) you have requested for a given business day, then:
- Electronic funds transfers involving cash disbursements, such as ATM withdrawals, will have priority;
- Electronic fund transfers initiated through PEBS, which would result in an overdraft of your account, may, at our discretion, be cancelled;
- In the event the fund transfers initiated through PEBS, which would result in an overdraft of your Account, are not cancelled, overdraft or return item fees may be assessed pursuant to the terms of the Account Agreement for that Account.
We may seek the return of any payment order and may reverse any other transfer, at any time, if doing so may reduce losses or damages we may sustain.
The following limitations apply:
- Savings Accounts - Transfers from savings accounts to another account or to third parties are limited by regulation to six pre-authorized transactions per month. Pre-authorized withdrawals include, but are not limited to, ACH debits, telephone transfers, PEBS transfers and overdraft protection transfers.
- Money Market Accounts - Transfers from money market accounts to another account or to third parties are limited by regulation to six pre-authorized transactions per statement cycle. Pre-authorized withdrawals include but are not limited to ACH debits, telephone transfers, PEBS transfers, overdraft protection transfers and checks.
The number of transfers from RSNB Bank Accounts and the amounts which you may transfer are limited by the terms of the applicable Account Agreements. If a hold has been placed on deposits made to your Account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
Disclosure of Account Information & Transfers
- As necessary to complete a transaction requested by you;
- To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;
- To comply with a government agency or court order; and
- In accordance with your express written permission.
By using PEBS, you agree to the disclosure of such information.
Errors or Questions About Your Electronic Transfer
(Consumer /Personal Accounts Only)
In case of problems or errors about your electronic transfers, telephone us at 307-362-8801 or write us at RSNB Bank, PO Box 880, Rock Springs, WY 82902 as soon as you can. We must hear from you no later than sixty (60) days after we sent the FIRST statement upon which the problem or error appeared.
When you contact us:
- Tell us your name and account number (if any);
- Describe the problem or error you are unsure about and explain as clearly as you can the nature of the problem or error; and
- Tell us the dollar amount of the error.
If the error relates to a payment made via the bill-pay service, please call 888-822-4609. If you contact us by telephone, we may require that you send us your complaint or question in written form by postal mail or fax within ten (10) business days.
We will determine whether an error occurred within ten (10) business days (five (5) business days for Visa Check Card point-of-sale transactions and twenty (20) business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days (ninety (90) days if the transfer involved a new account, a point-of-sale transaction or a foreign-initiated transfer) to investigate your complaint or question. If we need more time, we will provisionally credit your account within ten (10) business days (five (5) business days for Visa Check Card point-of-sale transactions and twenty (20) business days if the transfer involved a new account) for the amount you believe is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive them within ten (10) business days, we may not credit your account. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made to your Account.
Our Liability for Failure to Make a Transfer
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, when you have properly instructed us to do so, we will be liable for your losses or damages. However, there are some exceptions. We will
NOT be liable, for instance:
- If through no fault of ours, you do not have enough money in your account to make a transfer;
- If a legal order directs us to prohibit withdrawals from the account;
- If your account is closed, or if it has been frozen;
- If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts;
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation;
- If any electronic terminal, telecommunication device, or any part of the electronic fund transfer system is not working properly and you knew about the problem when you started the transfer;
- If you have not properly followed the on-screen instructions for using PEBS;
- If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your account without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your account. If you contact us within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without permission.
If you do not contact us within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access accounts without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within sixty (60) days after the statement was mailed or emailed to you, you may not get back any money lost through transactions made after the 60-day time period if we can prove that we could have stopped someone from taking the money if you told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.
We report your PEBS transactions on the periodic statement(s) for your Accounts. A description of each transaction, including whom you paid, and the date and amount of the transaction, will appear on your statement. You will receive a statement monthly unless there are no transactions in a particular month. In any case, you will receive a statement at least quarterly.
Download capabilities for eligible Accounts allow you to download certain information from your Accounts into a file format that you can import into a spreadsheet or other program, or financial management software such as Quicken®, QuickBooks®, or Microsoft® Excel on your computer. You are responsible for obtaining a valid and separate license agreement with the provider of the financial management software. The following is a brief description of the various features of and requirements for using the download capabilities. From time to time, we may add to, modify, or delete any feature of the download capabilities at our sole discretion.
You agree and understand that:
- You are solely responsible at your expense for acquiring and maintaining a computer or other electronic device that has capabilities of handling and accessing the download capabilities (including the necessary communications equipment and connections);
- You are responsible for all costs associated with accessing the download capabilities and your eligible Accounts;
- Any Account information that you download is done at your own risk. You are solely responsible for any damage that might occur to the computer (or other electronic device) to which you download or its storage in a computer or other electronic device.
Downloaded Account Information, Security of Data Transmission and Storage
If you choose to download information from PEBS, you understand and agree that:
- Not all information in your Accounts can be downloaded into your financial management software;
- Information you can download may not include all of your Account activity;
- Your Account statement, generated by us, is the official record of Account transactions, positions and balances, and that the information you download is for tracking purposes only and should not be considered an official record;
- The Account information will not necessarily reflect banking or financial activities and transactions that have not yet been completed or settled and will only reflect the Account information in your Accounts at the time you download the information (for example, deposits, checks or transfers in process may not be reflected in your balance);
- Account information may reflect transactions as of a prior time period and may not be current at the time you download such information;
- Account information that you have downloaded to your financial management software will not be automatically updated by us, and you will have to update Account information by downloading more current information;
- We are not liable for any loss, damage or expenses of any kind as a result of your reliance upon the Account information in your financial management software, which, for example, as stated above, may not be the most updated information and may not include pending transactions;
- When you download Account information out of our secure computer environment, we are no longer responsible for the security and confidentiality of that information. You assume any and all risks associated with the downloaded Account information, including the risk that Account information you download may become accessible by unauthorized third parties;
- If you send the information in a manner that is not secure, the Account information may be viewed or shared by others and the responsibility is now yours;
- We are not responsible for the security and confidentiality of Account information if you: (1) connect the computer you use to download or store Account information onto a network or broadband Internet connection without employing firewall, antivirus and spyware protection; or (2) allow other persons access to your financial management software.
We are not responsible for any loss, damage or injury resulting from (a) an interruption in your electrical power, Internet service or telephone service; (b) disconnection of your telephone service by your telephone company or from deficiencies in your line quality; (c) any defect or malfunction of your computer, modem, telephone service or mobile phone; or (d) PEBS. We are not responsible for any products or services relating to your computer or mobile phone, other than those specified herein. We also are not responsible for any damage to your computer, software, modem, telephone or other property resulting from the use of PEBS, including any damage resulting from a virus, malware, or other items of a malicious or destructive nature.
You agree to pay the fees and charges for your use of the PEBS as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the account designated as the “Primary Account” on your Enrollment Form. If you close your Primary Account, you must contact us immediately to designate another account as your Primary Account. You agree to pay any additional reasonable charges for any services you request which are not covered by this Agreement. You are also responsible for any service fees incurred by you in connection with your use of PEBS. We will notify you of any changes in fees as required by law.
Disclaimer of Warranty & Limitation of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with PEBS provided to you under this Agreement. We do not and cannot warrant that PEBS will operate without errors. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products under this Agreement, or by reason of your use of or access to PEBS, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort, or based on a warranty. Further, in no event shall any liability of RSNB Bank exceed the amount paid by you for the services provided to you through PEBS.
The Bank makes no warranty that:
- The service will be uninterrupted, timely, secure or error free;
- The service will meet your requirements;
- The results that may be obtained from the use of the service will be accurate or reliable;
- The quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; or
- Any errors in the software will be corrected.
RSNB Bank shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- The use or the inability to use the service;
- Unauthorized access to your transmission;
- Unauthorized alteration of your data;
- Statements or conduct of the third party service provider; or
- Any other matter relating to the service.
Consent to Electronic Delivery of Notices
You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the RSNB Bank's website or by email. You agree to notify us immediately of any change in your email address.
This Agreement is also subject to applicable Federal laws and the laws of the State of Wyoming (except to the extent this Agreement can and does vary from those rules or laws). If any provision of this Agreement is found to be unenforceable, all remaining provisions will continue in effect. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or later default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and RSNB Bank, its successors and assigns. Certain obligations of the parties that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.
Your Right to Terminate
You may cancel your PEBS at any time by providing us with written notice by US Mail or fax. Your access to PEBS will be suspended within three (3) business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate
RSNB Bank reserves the right to terminate this Agreement and your access to PEBS in whole or in part, for any of the following reasons:
- Without prior notice, if you have insufficient funds in any one of your Accounts. PEBS may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits; or
- Upon reasonable notice for any other reason, in our sole discretion.
Termination will not affect your liability or obligations for transfers we have processed on your behalf.
Communications Between RSNB Bank and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
a. Email -You can contact us by email via our website at www.rsnb.com
b. Telephone - You can contact us by telephone at (307) 362-8801 or (307) 362-0105
c. FAX - You can contact us by fax at (307) 362-9432 or (307) 362-0728
d. US Mail - You can write to us at:
Personal Online Banking Services
PO Box 880
Rock Springs, WY 82902-0880
e. In Person – You may visit us in person at any one of our locations:
Main Office - 200 Second St., Rock Springs, WY
West Branch - 1987 Dewar Dr., Rock Springs, WY
By using PEBS you assert that you have read and agree to all the terms and conditions set forth in the above Agreement.