ONLINE PERSONAL BANKING AGREEMENT
Mars Bank On
Line is a virtual branch for your computer, open for business whenever you need it. Accessing the service with a user ID and password, Mars Bank On
Line is a simple, safe and secure way to bank. You can accomplish important banking tasks quickly and conveniently. Intuitive menus, system icons, and well-organized hyperlinks make it easy for you to get information and initiate transactions anytime of the day or night.
The first time you access your accounts through Mars Bank On
Line, you agree to be bound by the terms and conditions of this On
Line Personal Banking Agreement ("Agreement") and acknowledge its receipt and your understanding of its terms.
This Agreement explains the terms and conditions for accessing accounts, conducting transactions and utilizing other services at Mars National Bank ("Bank", "we", "us" and "our") via the Internet at our OnLine banking site ("OnLine Banking"). As used in this Agreement, the terms "you" and "your" refer to each person enrolled in Mars Bank OnLine and using OnLine Banking. The abbreviation "PIN" or word "code" means a personal identification number.
OnLine Banking Services
Line Banking, you can access eligible accounts using a computer and Internet browser software. On
Line Banking can be used for many purposes including, but not limited to, the following:
Limitations on Frequency and Amount
- Obtain balances and transaction histories on eligible accounts;
- Transfer money between eligible accounts;
- Review transactions on eligible accounts;
- Make loan payments at Bank;
- Advance funds from a credit line at Bank;
- Place stop payment requests;
- OnLine Bill Payment to any merchant, financial institution or an individual with a U.S. address;
- Obtain statements;
- Order checks; and
- Allow export of transaction history to a personal asset management software.
- When using the Bill Payment service, you should allow at least five (5) business days from the date a payment is scheduled for such payments to be delivered to payees.
Bank may, from time to time, offer new services with On
Line Banking. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.
Security & Protection of Your Account Information
We are strongly committed to protecting the security and confidentiality of our customer accounts information. We use several techniques to secure our On
Line Banking service, including, but not limited to, the following:
- You can only access OnLine Banking with certain browsers that have a high security standard.
- You must have a valid OnLine Banking User ID and Password to logon.
- You will be automatically logged off the OnLine Banking service if no action is taken for a period of time.
You may view our Security Statement and Privacy Statement On
Line for additional information.
Your User ID and Password
Your User ID and Password will give you access to your accounts via On
Line Banking. Bank is entitled to act on any instructions it receives via OnLine Banking after login has occurred using your User ID and Password. For security purposes, it is recommended that you memorize your User ID and Password and do not write them down. You will also be required to change your Password regularly. Your Password can be changed at our OnLine Banking site. You are responsible for keeping your User ID, Password and account information confidential. When you give someone your User ID and Password, you are authorizing that person to use OnLine Banking. You are responsible for all transactions performed after login to OnLine Banking has occurred using your User ID and Password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your User ID and Password will be charged against your account(s).
Stop Payment Requests
You acknowledge that the Stop Payment feature of On
Line Banking is an alternate entry system for issuing Stop Payment Orders. The processing of a Stop Payment Order will be subject to the conditions set forth in your Deposit Account Agreement with Bank. A Stop Payment Order received by Bank using this service will be accepted as if it were in written form.
Bill Payment Service
The Bill Payment service allows you to schedule bill payments through On
Line Banking. Bank does not provide the service directly. Instead, Bank has entered into an agreement with a bill payment provider to provide the bill payment services directly to you through OnLine Banking. Your use of the Bill Payment service will be governed by the terms and conditions of the bill payment provider. Bank cannot and will not be held responsible for the completion and accuracy of transactions you conduct with the bill payment provider through OnLine Banking.
You can usually access OnLine Banking seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of OnLine Banking services may not be available due to system maintenance or reasons beyond Bank's control. Bank does not warrant that OnLine Banking will be available at all times. When unavailable, you may use "Service Plus" 24 Hour Telephone Banking, an automated teller machine ("ATM") or a Bank branch office to conduct some of your transactions.
Line Banking transaction initiated prior to the end of a banking day is posted to your account the same day. For the purposes of processing OnLine Banking transactions, a banking day ends when we perform our nightly system update and final posting of all account transactions for a particular bank business day. This usually occurs during the early evening of every bank business day. All transactions conducted after the end of a banking day, or on a non-banking day, will be posted the following banking day.
Fees and Charges
You must promptly pay any applicable fees and charges specified on our On
Line Banking site for use of On
Line Banking services described in this Agreement or on our On
Line Banking site.
Unless otherwise specifically indicated, all other fees shall be deducted automatically from the account for which a particular On
Line Banking service is performed. In the event an account has insufficient funds to cover any fees, Bank may, at its discretion, overdraw the account or deduct the fees from any other account you have at Bank in any order it chooses. If you close the designated service fee account for the Bill Payment service, you must identify a new service fee account for the applicable fees and charges associated with the Bill Payment service of On
Line Banking. Additionally, if you close all Bank accounts, you must cease all use of On
Line Banking services. If fees cannot be collected from any of your accounts, Bank may cancel all or some of your On
Line Banking services. After cancellation, Bank may reinstate some or all of the On
Line Banking services, at its discretion, if you deposit sufficient funds in your account(s) to cover any accrued fees and pending transfers or debits. You are solely responsible for any telephone or internet service provider charges incurred when using OnLine Banking.
Neither Bank nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibit withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with On
Line Banking; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of On
Line Banking; (ix) you knew that On
Line Banking was not operating properly at the time you initiated the transaction or payment; (x) there is postal delay; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using On
Line Banking. You may not gain, or attempt to gain, access to any On
Line Banking server, network or data not specifically permitted to you by Bank or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Bank or its suppliers.
Electronic Mail (Email)
Sending email is a very good way to communicate with Bank regarding your accounts or On
Line Banking. Email sent to us using the "Messages" feature within the On
Line Banking site is a safe and secure method to communicate with us. However, email sent to us via email software on your computer or from a web-based email service provider is not secure. Because of this, you should not include confidential information, such as account numbers and balances, in any email you send to Bank using email software on your computer or from a web-based email service provider. You also cannot use email to initiate On
Line Banking transactions. All such transactions must be initiated using the appropriate functions within the On
Line Banking site. Bank will not be liable for any errors, omissions, claims, or problems of any kind involving the use of email with software on your computer or from a web-based email service provider.
Links to other Sites
Bank has taken reasonable measures to ensure that the information and data presented on Bank’s web site or On
Line Banking site is accurate and current. However, Bank makes no representations about any other web site that you may access to, from or through Bank’s web site or On
Line Banking site. Bank does not endorse the products or services offered by any company or person linked to Bank’s web site or On
Line Banking site nor is Bank responsible for any software or the content of any information published on the web site of any third party. You should take precautions when downloading files from other web sites to protect your computer software and data from viruses and other destructive programs.
Bank is not responsible for any electronic virus that you may encounter using the Internet or On
Line Banking. We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.
Damages and Warranties
In addition to the terms previously disclosed, Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by the use of On
Line Banking or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Bank or one of its suppliers. In addition, Bank disclaims any responsibility for any electronic virus(es) you may encounter after installation of such software or use of the OnLine Banking. Without limiting the foregoing, neither Bank nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Bank and its suppliers provide On
Line Banking services from their own sites, and they make no representation or warranty that any information, material or functions included in On
Line Banking are appropriate for use by you in your jurisdiction. If you choose to use On
Line Banking, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of OnLine Banking, or contained in any third party sites linked to or from Bank’s web site. BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. BANK DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
You shall indemnify, defend and hold harmless Bank and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) your negligence; (ii) your failure to comply with applicable law; or (iii) your failure to comply with the terms of this Agreement.
Due to the likelihood of irreparable injury, Bank shall be entitled to an injunction prohibiting any breach of this Agreement by you.
Termination and Changes in Terms
Bank reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site and/or OnLine Banking site.
Applicable Rules, Laws, and Regulations
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Pennsylvania, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Butler County, Pennsylvania, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.
Bank may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Bank.
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and Bank, this Agreement will control.
Bank shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Bank of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
The following limitations may be applicable to your accounts, except as provided by law.
Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your card, Automated Teller Machine (ATM) PIN, Point of Sale (POS) card or PIN, Service Plus 24 Hour Touch-Tone Telephone Banking (Telephone Banking) PIN, or OnLine Banking user ID or password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your card or code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or code, and we can prove that we could have stopped someone from using your card or code without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe that your card or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (724) 625-1555, or write to us at Mars National Bank, P.O. Box 927, Mars, PA 16046.
Personal Identification Number (PIN)
The ATM PIN, POS PIN, Telephone Banking PIN or OnLine user ID and password issued to you is for your security purposes. The numbers are confidential and should not be disclosed to third parties or recorded on the card. You are responsible for safekeeping your PIN(s). You agree not to disclose or otherwise make your ATM PIN, POS PIN, Telephone Banking PIN, or OnLine user ID and password available to anyone whether they are authorized to sign on your accounts or not.
In Case of Errors or Questions About Your Electronic Fund Transfers
Telephone us at (724) 625-1555, or write us at Mars National Bank, P.O. Box 927, Mars, PA 16046 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
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.
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 and 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 the transfer;
- If the money in your account is subject to legal process or other claim restricting such transfer;
- If the transfer would go over the credit limit on your overdraft line;
- 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 transaction, despite reasonable precautions that we have taken; or
- There may be other exceptions stated in our agreement with you.
For purposes of these electronic fund transfer disclosures, our business days are Monday through Friday. Holidays are not business days.
Periodic Statement: You will get a monthly account statement from us on your checking and/or money market account. For all other accounts you will get a monthly account statement from us, unless there are no transactions in those accounts in a particular month (in which case you will get a statement at least quarterly). If you have a passbook account, you may bring your passbook to us and we will record any direct deposits that we made to your account since the last time you brought in your passbook.
Terminal Receipt: You can get a receipt at the time you make any transfer to or from your account using an ATM or a POS terminal.
Direct Deposits: If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can use OnLine Banking, Telephone Banking, or call us at (724) 625-1555 to find out whether or not the deposit has been made.
Preauthorized Electronic Fund Transfers
Stop Payment Rights: If you have told us in advance to make regular electronic fund transfers out of your account(s), you can stop any of these payments. Here's how: Call us or write to us at the telephone number or address set forth in this agreement, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. We will charge you a fee for each stop payment order you give. The amount of the fee is disclosed on our Schedule of Fees.
Notice of Varying Amounts: If these regular payments may vary in amount, the person you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
Liability for Failure to Stop Payment of Preauthorized Transfers:
If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
There may be a delay between the time a deposit is made and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of the funds deposited at ATMs. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.
You understand the necessity to protect the confidential nature of your PIN and OnLine Banking user ID and password. Failure to keep you PIN and OnLine Banking user ID and password confidential can result in unauthorized access to your account(s) in the event of loss or theft. If you give your PIN or OnLine Banking user ID and password to another person, you are authorizing that person to use your Mars Bank ATM Card, Debit Card, Telephone Banking or OnLine Banking. You are responsible for such use, and we will be entitled to charge your account(s) for all such transactions performed by you or such authorized persons.
We will disclose information to third parties about your account or the transfers you make:
- To complete transfers as necessary;
- To verify the existence and condition of your account upon the request of a third party (e.g., credit bureau);
- To comply with government agency or court orders; or
- If you give us your written permission.
All notices from us will be effective when we have mailed them or delivered them to your last known address on our records. Notices from you will be effective when received by us at the telephone number specified in this agreement or when you mail the notice or deliver it for transmission to the institution by any other usual means. We reserve the right to change the terms and conditions upon which these services are offered. We will mail a change in terms notice to you at least twenty one (21) days before the effective date of any change, as required by law. Use of these services is subject to existing regulations governing your account and any future changes to those regulations.
In the event either party brings a legal action to enforce this Agreement or collect amounts owing as a result of any account transaction, the prevailing party shall be entitled to reasonable attorneys' fees and costs, including fees on any appeal, subject to any limits under applicable law.
Termination of OnLine Banking Services
You agree that we may terminate this Agreement and your use of the ATM/Debit Card, POS, Telephone Banking, or OnLine Banking services if:
- You breach this or any other agreement with us;
- We have reason to believe that there has been an unauthorized use of your ATM/Debit Card PIN, POS card or PIN , Telephone Banking PIN or OnLine Banking password and user ID;
- We notify you or any other party to your account that we have cancelled or will cancel this Agreement. You or any other party to your account can terminate this Agreement by notifying us in writing.
Termination of this service will be effective the first business day following receipt of your written notice. Termination of this agreement will not affect the rights and responsibilities of the parties under this agreement for transactions initiated before termination.
To view the TERMS AND CONDITIONS of the Bill Payment Service, Click Here