b. Eligible Checks
You agree to scan and transmit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”) and only those checks that are permissible under this Agreement or such other items as we, in our sole discretion, elect to include in this service.
You agree that the image of the check transmitted to us shall be an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Connecticut. You agree that you will not use Mobile Banking to deposit any checks or items as shown below:
- Checks or items payable to any person or entity other than you, or to you and another party.
- Checks or items containing alterations to any of the fields on the front of the check or item (including the MICR line), 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 or item is drawn.
- Checks or items previously converted to a substitute check, as defined under Reg CC.
- Checks or items drawn on a financial institution located outside the United States.
- Checks or items not payable in United States currency.
- Checks or items dated more than 6 months prior to the date of deposit.
- Checks or items on which a stop payment has been issued or for which there are insufficient funds.
- Checks or items that are not otherwise acceptable under the terms of the CDAA.
- Checks drawn on a home equity line of credit.
Nothing in this Agreement shall be construed as requiring People’s United to accept any check or item for deposit, even if People’s United has accepted that type of check or item previously. People’s United shall not be required to identify or reject any checks or items that you may scan or deposits that fail to meet the requirements of this Agreement.
c. Image Quality
The image of a check or item transmitted to People’s United using Mobile Banking must be legible. The image quality of the checks and items must comply with the standards established from time to time by the American National Standards Institute, or any higher standard set by us, and with any requirements set by any clearing house we may use or agreement we have with respect to the processing checks or items. You agree that we shall not be liable for any damages resulting from a check or item’s poor image quality, including those related to rejection of or delayed or improper crediting of such a check or item or from any inaccurate information you supply regarding the check or item.
d. Endorsements and Procedures
Before transmission you agree to endorse any check or item transmitted through the Mobile Banking exactly as the check or item is made payable. You agree to follow any and all other procedures and instructions for use of Mobile Banking as we may establish from time to time. You agree to supply any information in your possession that we request regarding a check or item deposited or attempted to be deposited through Mobile Banking.
e. Receipt of Checks and Items, Crediting
We reserve the right to reject any check or item transmitted through Mobile Banking, at our discretion, without liability to you. We are not responsible for checks or items we do not receive in accordance with this Agreement or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when you receive confirmation from People’s United that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that funds will be credited for that check or item.
As provided in the CDAA, deposits received and accepted before 7:00 pm Eastern Time on a Business Day will be available the next Business Day. Deposits received and accepted after 7:00 PM on a Business Day or deposited on a non-Business Day will be available on the second Business Day after the day of deposit. People’s United may establish later times than 7:00 PM for checks or items deposited via Mobile Banking. In the event that People’s United establishes earlier or later times for checks and items deposited via Mobile Banking, we reserve the right to change the times at any time as permitted by law. Regardless of whether People’s United establishes earlier or later times for checks and items deposited via Mobile Banking, you understand and agree that checks and items must be received and accepted by People’s United before the applicable time and must not be incomplete, illegible or erroneous to be eligible for next Business Day availability.
f. Disposal of Transmitted Checks and Items
Upon your receipt of confirmation from People’s United that we have received the image of an item, you must retain the original check or item in a secure location for fifteen (15) days from the date of transmission. You will promptly mark each imaged item as “Electronically Presented” or “Void.” Upon request, you will promptly provide any check or item, or a sufficient copy of the front and back of the item to People’s United as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check or item or for People’s United audit purposes. You agree never to represent to us or any other party a check or item that has been deposited through Mobile Banking unless we notify you that the check or item will not be accepted for deposit through Mobile Banking.
g. Promises You Make to Us; Indemnity.
You will only transmit eligible checks and items;
Images will meet People’s United image quality standards in effect from time to time;
You will not store or make a back-up copy of any electronic item;
You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party;
You will not deposit or represent the original check or item to People’s United or any other party;
All information you provide to People’s United is accurate and true, including that all images transmitted to People’s United accurately reflect the front and back of the check or item at the time it was scanned.
7. Mobile Banking Service Limitations.
It is important that you understand the limitations of Mobile Banking, including but not limited to the following:
The balance of your accounts may change at any time as we process items and fees against your accounts, and the information provided to you through Mobile Banking may become quickly outdated.
Because Mobile Banking is accessible only through your Mobile Device, your access to Mobile Banking may be limited by the service provided by your telecommunications carrier.
There may be technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalized settings or other Mobile Banking interruptions. Neither People's United nor its service providers assume any responsibility for the timeliness, deletion, or misdelivery of any user data, failure to store user data, communications or personalized settings in connection with your use of Mobile Banking; nor for the delivery or the accuracy of any information requested or provided through Mobile Banking.
Neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any Mobile Device or mobile network which you utilize to access the Mobile Banking, nor guaranty that you will have continuous or uninterrupted access to Mobile Banking. We are not responsible for any delay, failure or error in the transmission or content of information provided through Mobile Banking. Neither we nor any of our service providers and affiliates will be liable for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through Mobile Banking, from any inaccurate information provided through Mobile Banking, from your use of or reliance on any information provided through Mobile Banking, or from your inability to access Mobile Banking.
We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Mobile Device. We reserve the right to refuse to make any transaction you request through Mobile Banking for any reason. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.
You agree to exercise caution when utilizing Mobile Banking and/or the Mobile Application on your Mobile Device and to use good judgment and discretion when obtaining or transmitting information.
Financial information obtained through Mobile Banking (including, without limitation, any text message alerts) reflects the most recent account information available through Mobile Banking and may not be accurate or current. You agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Certain features and functions available through Online Banking may not be available using Mobile Banking.
You understand that the Mobile Banking services are provided by People's United through the Licensor, and People's United shall not be liable to you for any modification, interruption or termination of all or any portion of the Mobile Banking services due to the acts or omissions of Licensor or its agents.
In addition to the safeguarding and security provisions set forth in the Agreement, the following provisions shall apply to your use of Mobile Banking:
Once you have registered for Mobile Banking your Mobile Device may be used to obtain information about your People’s United accounts available through Mobile Banking (your “Mobile Accounts”) , and perform transactions on and make transfers between Mobile Accounts. You are responsible for maintaining the security of your Mobile Device and you are responsible for all transfers made using your Mobile Device. Mobile Banking will display sensitive information about your Mobile Accounts, including balances and transfer amounts. Anyone with access to your Mobile Device may be able to view this information.
In order to prevent misuse of your accounts through Mobile Banking, you agree to protect all Login Codes associated with your accounts and Mobile Banking, and to monitor your accounts on a daily basis.
In addition to protecting your Login Codes and other account information, you should also 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 other account information may allow unauthorized access to your accounts. You are also responsible for protecting and securing all information and data stored in your Mobile Device.
9. Additional Usage Obligations.
When you use the Mobile Banking services to access your Mobile Accounts, you agree to the following terms (which terms shall survive the termination of this Agreement):
a. Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information which may be accessed through Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete and that you have the right to provide such information to us for the purpose of operating Mobile Banking. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
b. Proprietary Rights. You are permitted to use content delivered to you through Mobile Banking only in connection with your proper use of Mobile Banking. You may not copy, reproduce, distribute, or create derivative works from this content.
c. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would (i) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in Mobile Banking software or the Mobile Applications, (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity, (iii) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), (iv) be false, misleading or inaccurate, (v) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers, (vi) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, (vii) potentially be perceived as illegal, offensive or objectionable, (viii) interfere with or disrupt computer networks connected to Mobile Banking, (ix) interfere with or disrupt the use of Mobile Banking by any other user, (x) result in unauthorized entry or access to the computer systems or networks of others; (xi) send unsolicited electronic mail messages (also known as spam).
d. No Commercial Use or Re-Sale. You agree that Mobile Banking is for personal use only. You agree not to resell or make commercial use of Mobile Banking.
e. You agree to take every precaution to ensure the safety, security and integrity of your accounts and transactions when using Mobile Banking. You agree not to leave your Mobile Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you. You agree to notify us immediately if you lose, or change or cancel the number of, your Mobile Device. If you believe that someone may have unauthorized access to your Mobile Banking, you agree to cancel your Mobile Banking associated with the Mobile Device immediately. You agree to provide us with immediate notice in the event you suspect fraud or any unauthorized access to any of your accounts. You agree to comply with all applicable laws, rules and regulations in connection with Mobile Banking.
f. You agree not to access or use the Mobile Banking from locations outside of the United States.
g. You agree to notify us immediately to disable Mobile Banking from your Mobile Device if your Login Code has been compromised, lost, stolen or used without your authorization, or if your Mobile Device has become compromised, lost, stolen or used without your authorization. Failure to notify us immediately could result in the loss of all money accessible by the Login Code. You could lose all the money in your account (plus your maximum overdraft line of credit, if you have one).
h. To the extent that we or our service providers require information about you in order to provide Mobile Banking, you hereby consent to the exchange of such information between us and such service providers.
10. Exclusion of Warranties; Limitation of Liability; Indemnification.
Limitations on People's United's liability are described in the CDAA, EFT Agreement, and the Agreement. In addition:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MOBILE BANKING IS AT YOUR SOLE RISK. MOBILE BANKING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOBILE BANKING IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND PEOPLE'S UNITED IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. PEOPLE'S UNITED MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CURRENCY OF ANY THIRD PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEOPLE'S UNITED OR THROUGH OR FROM YOUR USE OF MOBILE BANKING WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF MOBILE BANKING (INCLUDING ANY SOFTWARE OR THEIR MATERIALS SUPPLIED IN CONNECTION WITH MOBILE BANKING) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE APPLICABLE MOBILE BANKING SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary by state.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) CAUSED BY OR ARISING FROM YOUR USE OF MOBILE BANKING, OR THE USE OF MOBILE BANKING BY ANY OF YOUR CO-DEPOSITORS OR ANY OTHER PERSON WHOM YOU HAVE PERMITTED TO USE MOBILE BANKING, YOUR BREACH OF THIS AGREEMENT, YOUR INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, AND/OR YOUR COMMISSION OF FRAUD OR ANY OTHER UNLAWFUL ACTIVITY OR CONDUCT.
a. Consent to use of Data. You agree that People's United may collect information about your Mobile Device, system and application software in connection with offering and operating Mobile Banking and to enhance your experience when using Mobile Banking. To read our privacy statement, visit www.peoples.com/privacy.
b. We reserve the right to block access or delete Mobile Banking software from your Mobile Device if we or our agents or Mobile Banking service providers have reason to believe you are misusing the Mobile Banking or otherwise not complying with this Agreement, or have reason to suspect your Mobile Device has been infected with malicious software or virus.
c. People's United is not responsible for translating any of the information contained within Mobile Banking to any other language and we are not responsible for the accuracy of any third party translating services.
d. For assistance with our Mobile Banking services visit www.peoples.com/help or call 1-800-894-0300 or visit a local People's United Bank branch. Do not attempt to contact a People’s United representative via SMS text or any form of unencrypted message. People’s United will never contact you via email, text message or other means for purposes of obtaining your sensitive information, passwords or mobile phone information (SIM card #, serial #, IMEI#).
f. People's United reserves the right to employ "cookie" technology to as a prerequisite for your use of Mobile Banking. You must allow the use of "cookies" or Mobile Banking may not function as intended.
g. You are responsible for your own acquisition, upkeep and management of your Mobile Devices. Further, you are responsible for procuring your own network or cellular connections. People's United does not provide internet or cellular connectivity or the devices associated with the use of this service.
h. You are responsible for the accuracy of your data entry and use of the application when accessing accounts and conducting transactions. People's United is not liable for errors caused by your misuse or error. This includes any error caused by "pre-filling" or automated entry done on your behalf by the device, system or application software.
i. You are responsible for keeping all account and login information private and ensuring that you do not download viruses or malicious software that could put you confidential information at risk.
j. People's United maintains the right to contact you via your Mobile Device as a means to relay important account information or information about the use of Mobile Banking for as long as you are enrolled in Mobile Banking.
k. We specifically do not warrant that Mobile Banking will function in any foreign countries.
l. People's United locations and driving directions are provided to you as convenience and we are not liable for the accuracy or effectiveness of the information. We are not liable for death or damage as it relates to the use of such location services.
m. People's United shall not be liable for any failure to perform its obligations under this Agreement due to the occurrence of an event beyond our control (including without limitation as fire, flood, power outage, acts of God, government or civil authority, civil or labor disturbance, war, riots, or the failure of our service providers to perform).
13. Third Party Beneficiaries.
You agree that our Mobile Banking service providers (including any provider of the Mobile Application or other Mobile Banking software) may rely upon your agreements and representations in this Agreement, and such service providers are third party beneficiaries of such agreements and representations, with the power to enforce those provisions against you, as applicable and as the circumstances or context may require.
14. END USER LICENSE AGREEMENT (MOBILE BANKING) TERMS FOR THE DOWNLOADABLE APP.
To be Agreed to by End User Prior to Use of the Downloadable App
a. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
b. License. Subject to the terms and conditions of this License Agreement, (hereafter referred to as “this Agreement”) you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
c. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
d. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
e. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
f. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
g. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the State of Florida excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this License Agreement are subject to the exclusive jurisdiction of the courts of Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
h. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
Section C. People’s United Person-2-Person Payment Services
1. The Person-2-Person Payment Services
People's United Person-2-Person Payment Services (“P2P Payment Services”) allow consumer customers who enroll in this service to send real time electronic payments to an individual’s bank account or to an individual’s email or mobile telephone number. For payments you send to individuals you can decide the method of payment (bank) or allow the receiver to choose how they want to receive the money.
The P2P Payment Services are provided at no charge to you.
You may enroll for P2P Payment Services by accessing People’s United Online Banking and navigating to the “Enroll in Person-2-Person” page. When you have reviewed the Person-2-Person enrollment information, click on the enroll button to enroll in the P2P Payment Services. When you enroll you must designate the eligible funding account(s) for P2P Payments. Your funding account must be a checking account that you own either alone or jointly. You also will be asked to validate your email address tied to your People’s United Online Banking relationship. When you have validated your email, a confirmation code will be sent to the email address, and you will be asked to enter this code to confirm your email.
4. Setting Up Contacts and Sending or Receiving Payments
To send or receive a payment to or from a person, you may add the person as a contact including the person’s name and email address or mobile phone number. You also may add additional contact information including account number. Once the contact is added, using People’s United Online Banking you may send payments to the contact’s checking or savings account at a domestic bank if you have added the bank account information to the contact's email or mobile telephone number.
You also may send payments to a person without setting the person up as a contact. If you send payments to an email address or mobile phone number the payment recipient may claim the payment from the Incoming Payments Tab within Person-2-Person. This option will require that the payment recipient is enrolled in Person-2-Person and has gone through the process of confirming ownership of the email address or mobile phone number. Alternatively, the payment recipient may be directed to Person-2-Person to claim a payment. The payment recipient will be asked to supply a claim code sent in the payment notification. Once the claim code is provided, the payment recipient may select how to receive the payment, including using a debit card. Please note that not all debit cards can be used for this purpose. Only debit cards affiliated with the NYCE® Payments Network, MasterCard® MoneySend, or Visa® Original Credit Transactions (OCT) are available to claim a payment.
5. Payee Statuses
If a contact or payment recipient claims the payment, the payment will be reflected as claimed on the Outgoing page of Person-2-Person. If the contact or payment recipient declines to claim a payment, the payment will be reflected as declined on the Outgoing page of Person-2-Person. If the contact or payment recipient does not take any action on the payment notification, the status of payment within the Outgoing page of Person-2-Person will show the payment as unclaimed for 10 days. After 10 days the payment status will be changed to expired.
6. Payment Authorization
You are responsible for all payments and requests you authorize in the P2P Payment Services. If you permit another person to use the P2P Payment Services using your login credentials, you are responsible for any transactions they authorize from your accounts.
When we receive payment instructions from you, you authorize us to debit your funding account and remit funds on your behalf. You also authorize us to credit your funding account for the receipt of payments, including but not limited to those payments from contacts to whom you sent payment(s) or cancelled and returned to you because the processing of the payment transaction could not be completed.
You acknowledge and agree that if your payment instructions identify an account by name and account number, the relevant, financial institution may execute those payment instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose not to investigate discrepancies between account names and account numbers at other financial institutions.
7. Cancelling a Payment
With the exception of send to email or mobile number payments, all other available payment methods are real time and cannot be changed once initiated. If you elect the send to email or a mobile number payment method, it is possible to cancel your payment prior to when the payment is claimed or expires. The debit to your funding account occurs when the contact has provided all the information necessary to claim the payment.
8. Available Funds
Funds must be available in your designated account on the scheduled payment or claim date. If funds are not available on the scheduled payment date, the payment will be declined.
9. Limitations on P2P Payment Services
For security reasons, there are limits on the amount of money you can send or request through People’s United P2P Payment Services. We establish the maximum amount of any payment transfer in a day using a set of pre-determined eligibility requirements based on factors including but not limited to how long you have been enrolled in the P2P services, the number of successful payments you have made, and how long it has been since your last P2P payment.
If our eligibility requirements are met the maximum amount of any payment may not exceed $1,000.00 and the aggregate amount of transfers in a day may not exceed $1,000.00. If the eligibility requirements are not met, we may apply a lower introductory limit until we determine our eligibility requirements are met. Regardless of any applicable payment limit, we may deny or suspend payments based on possible fraudulent activity at any time in our sole discretion.
You agree not to use the P2P Payment Services to conduct business or activity or solicit the performance of any activity prohibited by law or any contractual provision to which you are bound. You also agree not to use the P2P Payment Services for any payments or requests for payment to persons or entities located outside of the United States, for any payments that violate any law, statute, ordinance or regulation. We have the right but not the obligation to monitor for, block and/or reverse such payments. In no event shall we be liable for any claims or damages resulting from your use of the P2P Payment Services for prohibited payments.
10. Amendment, Termination or Suspension of Services
Except as otherwise required by law, we may in our sole discretion change these terms, and modify or cancel the P2P Payment Services features we offer and add or change fees associated with the P2P Payment Services from time to time and at any time subject to any legal requirement to provide you prior notice of such change. If no notice is required by applicable law, we reserve the option, in our business judgment, to provide or not provide you prior notice. By using People’s United Online Banking and the P2P Payment Services, you agree that all notices that we may be required to send to you in connection with this Agreement may be sent to you electronically via email to any email address that has been provided to us for your account or in any other manner permitted by law.
We may terminate or suspend all or any part of the P2P Payment Services at any time, in our discretion, without notice to you, and without liability to you. No termination of the P2P Payment Services or any part thereof will affect your liability or obligations under this Agreement accruing prior to the date of termination or any provisions of this Agreement which, by their nature or by express provision, are intended to survive termination. When you ask us to activate the P2P Payment Services, and each time you use the P2P Payment Services, you confirm your agreement to conform to the terms of this Agreement in effect at that time. If you authorize someone else to use your P2P Payment Services, you agree to notify us immediately if you have withdrawn your authorization.
11. Exclusion of Warranties; Limitation of Liability; Indemnification
People’s United will not be liable for damages you incur if you do not have sufficient funds in your funding account to make the payment on the payment date, for the failure of any payee to correctly account for or timely credit a payment or for circumstances beyond our control.
Further limitations on People's United's liability are described in the CDAA including the EFT Agreement or this Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE P2P PAYMENT SERVICES IS AT YOUR SOLE RISK. P2P PAYMENT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEOPLE'S UNITED OR THROUGH OR FROM YOUR USE OF P2P PAYMENT SERVICES WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE P2P PAYMENT SERVICES SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE APPLICABLE P2P PAYMENT SERVICES ISSUE(S). Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary by state.
Section D. Digital Wallet Services
These digital wallet terms and conditions (the “Digital Terms”) apply when you choose to add your People’s United debit card linked to your checking account (a “Card) to a digital wallet such as Apple Pay™ or Samsung Pay(each a “Digital Wallet”). A Digital Wallet provides you with a way to make payments at a merchant using an electronic or digital wallet in place of presenting your physical card or to make e-commerce payments to merchants participating in the Digital Wallet. By adding a Card to the People’s United Digital Wallet Services or clicking on the “Agree” button, you accept these terms and conditions. If you do not agree or do not accept these terms and conditions, you will not be entitled to use the People’s United Digital Wallet Services.
1. Adding a Card
You may add an eligible Card to the Wallet by following the instructions of the Digital Wallet provider, such as Apple Pay™or Samsung Pay. If your Card is not in good standing, then your Card will not be eligible to be added to the Digital Wallet, and if already in the Digital Wallet, the card may be removed. When you add a Card to the Digital Wallet, the Digital Wallet allows you to use your Card to enter into transactions where the Digital Wallet is accepted.
The storage and usage of your Card number (and credentials corresponding to your Card number in the Wallet) are subject to the terms and conditions of your People’s United cardholder agreement, as such agreement is in effect from time to time. Please contact us for more information at the contact information included in your cardholder agreement.
2. Your Card, Account and Online Banking Terms Do Not Change
The terms, agreements, and disclosures that govern your Card, the account tied to your Card, and the use of People’s United Online or Mobile Banking continue to apply when you add your Card to a Digital Wallet. Any applicable fees and charges that apply to your Card will apply when you use a Digital Wallet to access your Card. We do not charge you any additional fees for adding your Card to a Digital Wallet or using your Card in the Digital Wallet. The Digital Wallet provider and other third parties such wireless carriers or data service providers may charge you fees.
People’s United is not the provider of the Digital Wallet, and we are not responsible for providing the Digital Wallet Services to you. We are only responsible for supplying information securely to the Digital Wallet provider to allow usage of your People’s United Card(s). We are not responsible for any failure of the Digital Wallet or the inability to use the Digital Wallet for any transaction. We are not responsible for the performance or non-performance of the Digital Wallet provider or any other third parties regarding any agreement you enter into with the Digital Wallet provider or associated third-party relationships that may impact your use of a Digital Wallet.
3. Card Limits; Removing a Card from a Digital Wallet
Any limits that we place on the frequency or dollar amount of your People’s United Card transactions will also apply to a Digital Wallet transaction. We also can block a People’s United Card in the Digital Wallet from purchases at any time. If you wish to remove a Card from your Digital Wallet you should contact your Digital Wallet provider on how to remove a Card.
4. Consumer Privacy
5. Ending or Changing these Digital Wallet Terms and Conditions
We can terminate the Digital Wallet Services and these terms and conditions at any time. We also can change these terms and conditions at any time. We will provide notice if required by law. We also may assign these terms and conditions. You cannot change these terms and conditions, but you can terminate these terms at any time by removing all Cards from the Digital Wallet. You may not assign these terms and conditions.
Section E. Personal Finance Services
Using People’s United Personal Finance tools and services, you will be able to aggregate your accounts from multiple financial institutions in one place. This tool will also allow you to track spending by category, save for goals, and provide help with budgeting. When you enroll to use the Personal Finance tools and services, you must agree to the terms of the End User License below which governs the use of the personal finance services.
This End User License User agreement contains the terms and conditions for your use of Personal Finance tools and services that we may provide to you and that involve accessing third-party account information (“Services”). Hereinafter “us” “we” “our” or “financial institution” refers to People’s United Bank, N.A.
1. Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third-party sites which you include or access through the Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
2. Content You Provide. Your use of the Services is your authorization for Financial Institution or its service providers, as your agent, to access third-party sites which you designate in order to retrieve information. You are licensing to Financial Institution and its service providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services or that we or our service providers retrieve on your behalf for purposes of providing the Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.
3. Power of Attorney. You grant Financial Institution and its service providers a limited power of attorney as provided below to access information at third-party sites on your behalf. Third-party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes hereof, you hereby grant Financial Institution and its service providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third-party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You understand and agree that the Services are not sponsored or endorsed by any third-party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD-PARTY SITES.
4. Third-Party Accounts. With respect to any third-party sites we may enable you to access through the Services or with respect to any non- Financial Institution accounts you include in the Services, you agree to the following:
a. You are responsible for all fees charged by the third-party in connection with any non- Financial Institution accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this User agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non- Financial Institution account, you agree to direct these to the account provider.
b. Any links to third-party sites that we may provide are for your convenience only, and Financial Institution and its service providers do not sponsor or endorse those sites. Any third-party services, which you may be able to access through the Services, are services of the listed institutions. We nor our service providers have responsibility for any transactions and inquiries you initiate at third-party sites. The third-party sites you select are solely responsible for their services to you. We nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
5. Limitations of Services. When using the Services, you may incur technical or other difficulties. Neither we nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the Services at any time without prior notice.
6. Acceptance of User Agreement and Changes. Your use of the Services constitutes your acceptance of this User agreement. This User agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised User agreement. Your continued use will indicate your acceptance of the revised User agreement. The licenses, user obligations, and authorizations described herein are ongoing.
7. Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Services, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
8. Ownership. You agree that Financial Institution and its service providers, as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites.
9. User Conduct. You agree not to use the Services or the content or information delivered through the Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Financial Institution or its service provider or cause Financial Institution to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the Services in such a manner as to gain unauthorized entry or access to computer systems.
10. Indemnification. You agree to defend, indemnify and hold harmless Financial Institution, its third-party service providers and their officers, directors, employees and agents from and against any and all third-party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
11. Disclaimer. The Services are not intended to provide legal, tax or financial advice. The Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither Financial Institutions nor its third-party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. Financial Institution and its third-party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, Financial Institution and its third-party providers are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Services or any materials or information accessible through it. Past performance does not guarantee future results. Financial Institution and its third-party providers do not warrant that the Services comply with the requirements of the FINRA or those of any other organization anywhere in the world
12. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. LIMITATION OF LIABILITY. YOU AGREE THAT FINANCIAL INSTITUTION AND ITS THIRD-PARTY SERVICE PROVIDERS WILL 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 LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD-PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.
14. Export Restrictions. You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
15. Other Terms. You may not assign this User agreement. A determination that any provision of this User agreement is unenforceable or invalid shall not render any other provision of this User agreement unenforceable or invalid.
Section F. Important Information about Consumer Customer Dispute Resolution and Limitations on Liability; Governing Law; Termination
1. Stop Payments
Your right to Stop Payment
If you have told us in advance to make regular Electronic Funds Transfers or EFT out of your account, you can stop payment.
How to Stop Payment
To stop regular payments out of your account, call us at the Call Center (1-800-894-0300) or write to us at:
People's United Bank
Adjustment Department, BC5-668
P.O. Box 7009
Bridgeport, CT 06601-7009
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 also require that you put your request in writing and get it to us within fourteen (14) calendar days after you call.
2. What Happens If We Don't Stop Payment
If we receive your order 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. We will then have your rights, if any, against the person who was paid. If the person who was paid was entitled to be paid, we may charge that amount to your account after learning that fact.
3. Effect of a Stop Payment
If you give us a stop payment order, we'll only stop that particular payment. When a stop payment order applies to more than one debit entry, the order remains in effect until the entries have been stopped. If you have authorized a third party to make preauthorized transfers from your Checking Account, and if you want to stop all further transfers from your Checking Account by that third party, you must take the following actions:
(a) Send to the third party a written revocation of the payment authorization previously given by you to that third party.
(b) When you call us and/or write us to place a stop payment order, you must specifically state that you would like to stop all future payments to that particular party.
We may confirm that the third party has received your written revocation and we may require you to provide us with a copy of the revocation.
4. Stopping Payment of Electronic Transfers
UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUNDS TRANSFERS. THEREFORE YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.
5. Your Liability for Unauthorized Transfers
Please tell us at once if you believe your Log in Code, meaning your user login or your password, or both, has been lost or stolen. Telephoning is the best way of keeping your possible losses down. Reporting fraud, loss, or theft of your user log in or password within twenty four (24) hours of discovery is the best way to reduce the associated inconvenience of fraud losses. You could lose all the money in your checking account and related savings accounts and your maximum available funds in your Personal Line of Credit. If you tell us within two (2) Business Days, you can lose not more than $50 if someone uses your user login or password without your permission.
You also agree to assist us in our attempts to recover any losses from unauthorized users of your user login or password (including permitted users who exceed their authority) and to assist in their prosecution.
IF YOUR ACCOUNT IS NOT A CONSUMER ACCOUNT (WHERE THE ACCOUNTHOLDER IS A NATURAL PERSON AND THE ACCOUNT IS USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES), YOU MAY BE LIABLE FOR ALL LOSSES FROM UNAUTHORIZED TRANSACTIONS.
6. What Happens If You Don't Tell Us At Once
If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your user login or password and we prove that we could have stopped someone from using your user login or password without your permission, if you had told us, you could lose up to $500.
If you are a Massachusetts customer, you can lose no more than $50 if you do not give us notice of your user login or password being used without your permission.
7. If Your Statement Shows Transfers You Didn't Make
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 cannot get back any money you 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.
8. When We Will Extend The Time Period
If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the period.
9. Whom To Call Or Write If You Think Your User Login Password Has Been Lost or Stolen
If you believe your user login or password has been lost or stolen or your find that someone has transferred or may transfer money from your account without your permission, call us at the Call Center (1-800-894-0300) or write to us at
People's United Bank
Adjustment Department, BC5-668
P.O. Box 7009
Bridgeport, CT 06601-7009
What To Do In Case Of Errors Or Questions About Electronic Fund Transfers
Call us at the Call Center at 1-800-894-0300, or write us at:
People's United Bank
Adjustment Department, BC5-668
P.O. Box 7009,
Bridgeport, CT 06601-7009
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.
When you contact us provide the following:
(1) Tell us your name and account number.
(2) 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.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we 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 have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint orquestion in writing, and we do not receive it within ten (10) Business Days, we may not credit your account.
For new accounts (meaning your claim of error involves an electronic funds transfer on an account within thirty (30) days after the first deposit to the account was made), our time limits (ten (10) Business Days and forty five (45) calendar days) are double (twenty (20) Business Days and ninety (90) calendar days).
We will tell you the results of our investigation 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.
10. Our Liability for Failure to make Transfers
If we do not complete a transfer to or from your People's United account on time or in the correct amount according to this Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable:
(1) If, through no fault of ours, you do not have enough available funds (including your Personal Line of Credit) in your account to make the transfer.
(2) If circumstances beyond our control prevent the transfer, despite reasonable precautions we have taken.
(3) For any other reason stated elsewhere in this Agreement.
In the event, we are ever liable to you for damages due to a transfer, your damages will be limited to actual damages only. We will not be responsible for incidental or consequential damages, court costs or attorney's fees.
If you are an account owner and you are not a natural person, we are not liable for any failure to make transfers to or from your account, or for transfers that are in the wrong amount. You agree to indemnify and hold us harmless from any and all losses, costs, damages, claims and expenses, arising out of or in connection with any unauthorized use of any of our services described herein, including without limitation ACH transfers or use of any user id or password.
11. Limit of People's United’s Responsibility
The limitations on People's United's liability are described in the CDAA and EFT Agreements. In addition unless otherwise provided in the EFT Agreement, or otherwise provided by law:
(i) We are responsible for acting only on such instructions sent through People's United Electronic Banking Services which we actually receive. We are not responsible for any malfunction in communications facilities not under our control or any problem attributable to your access service provider.
(ii) We are not responsible for any direct, indirect, special, incidental or consequential damages arising in any way out of the use of People's United Electronic Banking Services.
(iii) NEITHER PEOPLE'S UNITED BANK NOR ANY OF ITS SUBSIDIARIES MAKES ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING PEOPLE'S UNITED ELECTRONIC BANKING SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
By using People's United Electronic Banking Services, you agree that all notices that we may be required to send to you in connection with this Agreement may be sent to you electronically via e-mail to any e-mail address that has provided to us for your account or in any other manner permitted by law.
13. Changes to Terms / Termination
We reserve the right to change the fees associated with use of People's United Electronic Banking Services. We reserve the right to change and/or suspend any other term of this Agreement or the People's United Electronic Banking Services at any time, subject to any legal requirement to provide you prior notice of such change. If no notice is required by applicable law, we reserve the option, in our business judgment, to provide or not provide notice of such changes.
We reserve the right to terminate this Agreement at any time, and if we do so, we may also terminate other internet banking services. Such termination will be subject to any legal requirement to provide you prior notice.
You may terminate this Agreement at any time by providing us at least ten (10) Business Days prior written notice. If you terminate this Agreement, we may also terminate other People's United Electronic Banking Services and trading services under Section D of this Agreement to you have access.
14. Account Information; When We will Disclose Information to Others.
We will disclose information to third parties about your account or the transfers you make under the following circumstances:
a. We will disclose information where it is necessary for completing transfers;
b. We will disclose information in order to verify the existence and conditions of your account for a third party, such as a credit bureau or merchant;
c. We will disclose information in order to comply with government agency audits, rules or orders, court orders, subpoenas, summonses, warrants, or in accordance with the requirements of state or federal law;
d. We will disclose information where you have written a check against your Checking Account and a bank involved in collecting the check, a payee, or a person called a “holder” of the check wants to know whether we would pay the check if presented at the time the disclosure is made;
e. We will disclose information where you have authorized an EFT from your account and a bank involved in transmitting or collecting the EFT wants information about the status of the EFT;
f. If you have not paid money which you owe us, we may give information about your account to a credit bureau, collection agency, or an attorney hired to collect your debt;
g. We will disclose information in order to tell appropriate federal, state, or local officials of suspected violations of criminal law involving your account;
h. We will disclose information to our accountants or other third parties engaged in the examination of our records to perform an independent audit;
i. We will disclose information about your account to our subsidiary or affiliated corporations in accordance with applicable laws, or to companies with whom we have an agreement to offer you products or services that we think you might be interested in;
j. We will disclose information if you give us your written permission; or
15. Change in Law/Unenforceability.
If any provision of this Agreement is or becomes unenforceable under federal or state law or regulation, the remaining clauses will remain in effect and fully enforceable.
16. Force Majeure.
You agree that the People’s United is excused from performance of our obligations under this Agreement to the extent that the People’s United is prevented or delayed from performing our obligations due to causes that are beyond our control, including but not limited to, acts of God, your acts or omissions, acts of any government or regulatory body (whether civil or military, domestic or foreign, fires, explosions, floods, earthquakes, floods or other natural or man-made disasters, epidemics, sabotage, wars riots, civil disturbances, strikes, lockouts, labor disputes, loss of electrical or other power or telecommunications equipment or line failures (each a “Force Majeure Event”). Our responsibilities under this Agreement will resume as soon as reasonably possible after the Force Majeure Event has expired.
17. Governing Law/Venue
This Agreement and all services offered by us will be governed by federal law and the State of Connecticut law where People’s United has its home office without reference to principles of conflict of laws. Any applicable state law shall only govern to the extent not preempted or superseded by federal laws, rules or regulations.
Section G - Agreement for People's Securities Inc. Customers
For purposes of this Section G, the terms "PSI" and "Broker" refer to People's Securities Inc., a registered Broker-Dealer, and member FINRA and SIPC. The terms "I", "me", "my" and "subscriber" refer to all owners of any PSI brokerage account accessed utilizing the Online Securities Trading ("OLST") system.
The Online Securities Trading services provided under this Section B consist of Online Trading (as hereinafter defined) through which I can obtain account information and quotations, and enter brokerage transactions. The term "Online Trading" refers to any interactive product or service offered by PSI or a PSI-authorized third party service provider, to obtain information or quotations from PSI, or enter into brokerage transactions (subject to the exclusions specified below) with PSI through the use of electronic data communications. This includes electronic data communications transmitted by me to PSI through the use of personal, home or business computers connected by a modem or other device to an authorized telecommunications network designated by PSI.
Please read this OLST Agreement before using any of the OLST functions made available by People's Securities Inc. In order to use the OLST, all account owners must agree to be bound by the following terms and conditions.
1. I acknowledge that this Agreement between me and PSI states the terms and conditions regarding my use of the OLST offered by PSI and other PSI-authorized third party service providers, including the use of such services to enter transactions in my brokerage account. My use of the OLST will indicate my acceptance of the following terms and conditions. The terms and conditions set forth herein supplement the terms and conditions contained in my People's Securities Customer Agreement.
2. I acknowledge that PSI may modify or discontinue the OLST functions offered pursuant to this Agreement without prior notice to me.
3. I acknowledge that PSI hereby grants to me a nonexclusive, non-transferable license during the term of this Agreement to receive and use the software provided herewith (the "Software") solely in conjunction with the personal use of the OLST in accordance with the terms of this Agreement. I acknowledge and agree that PSI or its licensors or data providers have exclusive proprietary rights in the Software and the systems used in connection with the OLST. I further acknowledge and agree that PSI's third party information providers have exclusive proprietary rights in their respective information transmitted and/or furnished via the OLST. In the event of any misappropriation or misuse of the OLST, the Software or the market data transmitted and/or furnished via the OLST, PSI or its third party information providers or licensors shall have the right to obtain injunctive relief with respect to the use of its respective materials. I further acknowledge and agree that:
a. I may use the Software only in conjunction with the OLST;
b. I shall not make any alteration, change or modification to the Software and shall not recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or derivative work from, the Software;
c. I shall use the OLST, the Software and the market data provided thereby only for my personal use and;
d. I shall not furnish the Software, the OLST or any other information or messages disseminated by PSI hereunder to any person or entity.
4. I agree to be fully liable for any and all brokerage commissions, fees, margin interest charges, and payments due to PSI in connection with trades affected by me in my brokerage account(s)through the OLST. Such brokerage commissions, fees, margin interest charges, and payments will be paid directly to PSI in accordance with the terms and conditions specified in my People's Securities Customer Agreement and the Schedule of Commissions and Fees as amended from time to time. I agree that PSI may require a deposit before I can begin trading using the OLST (deposited funds can be used towards payment of my first transaction). I agree to pay all fees and charges associated with my use of any OLST, including, without limitation, those of any third party information providers offered through PSI.
5. I acknowledge that I will be the only authorized user of the OLST for my account(s). I will be fully responsible for the confidentiality and use of my user names and passwords and agree that I will be fully and solely responsible for all activities, including brokerage transactions, which arise from the use of my user names or passwords (except as provided for in paragraph 6 below). I also agree that I will be fully and solely responsible for all activities, including brokerage transactions, which arise from my authorization to link my brokerage account(s).
6. I agree that as a condition of being approved to use the OLST I will immediately notify PSI if:
a. I have placed an order using the OLST and I did not receive an order number;
b. I have placed an order using the OLST and I did not receive an accurate written confirmation of the order, its execution or cancellation within five business days;
c. I have received confirmation of an order or orders which I did not place or any similar conflicting report, or
d. I become aware of any unauthorized use of my user name(s), password(s) or any product or service related to my brokerage account.
If I fail to notify PSI immediately upon the occurrence of any of the above events, I agree that PSI will not have any responsibility or liability to me or any other person whose claim may arise through me for any claims with the handling, mishandling or loss of any order. Any liability of PSI arising out of any action or omission by PSI with respect to the handling, mishandling or loss of any order shall be limited to any amount equal to the loss incurred due to the action or omission during the five business days after the date on which I first became obligated to give PSI notice with respect to such transaction(s) pursuant to this Section. I agree that PSI and/or any of its officers, directors, employees, agents or affiliates will not have any other liability to me or any other person whose claims may arise through me for any consequential, incidental, special or indirect damages, even if PSI has been advised of the possibility of such damages. PSI shall not be responsible for or deemed to be in default under this Agreement due to any delay or failure in performance resulting directly or indirectly from any cause beyond the reasonable control of PSI (or any PSI-authorized third party service provider).
7. I agree that my use of the OLST to effect securities transactions will be limited in all respects to the terms and conditions of this Agreement and any other agreement(s) between me and PSI. PSI will have no liability to me with respect to any transaction or attempted transaction by me which is not in accordance with the terms and conditions specified herein or in such other agreement(s) and I will indemnify PSI and its officers, directors, employees, agents and affiliates from any claim of a third party related to any such transaction or related transaction.
8. I agree that PSI reserves the right in its sole discretion to reject, cancel or modify any order which I have placed through the OLST for any reason and without prior notice to me, including orders for which I have received an order number. I acknowledge that any order I place which PSI, in its sole discretion, deems to be disruptive to the securities markets, unusual in size, type or creditrisk, or which exceeds PSI's (or its clearing firms') usual authorized limits may be subject to rejection, cancellation or modification. I can check the status of my order(s) using the OLST. PSI will attempt to notify me of any rejection, cancellation, or modification of my orders through the OLST, but may use alternate means, such as telephone or mail, at its discretion. I acknowledge that market orders cannot always be canceled because they are subject to immediate execution and the order may be executed before the request for cancellation is received by PSI. I acknowledge that my orders may not be reviewed by PSI prior to their submission to a market center and I agree that I am fully responsible for determining the suitability of my order and my investment decisions. I acknowledge that PSI may, in its sole discretion, place trading restrictions on my account(s).
9. I agree that PSI reserves the right in its sole discretion to suspend or terminate my access to the OLST for any reason and without prior notice to me. I agree not to hold PSI responsible or liable for any disruptions in service due to: telephone network, computer network or other system problems beyond the control of PSI (or any PSI-authorized third party service provider); system maintenance or system upgrades; or any other event or circumstance beyond the control of PSI (or any PSI-authorized third party service provider).
10. I acknowledge that the data provided to me is obtained from sources believed to be reliable, is provided solely on a best efforts basis for my convenience, and that no guarantees are made by PSI as to its accuracy, completeness and timeliness.
11. I AGREE THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE OLST OR THE SOFTWARE OR THE MARKET DATA PROVIDED THEREBY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE OR FITNESS FOR A PARTICULAR PURPOSE.
12. I agree not to hold PSI or its officers, directors, employees, agents or affiliates, or its licensors or information providers or any third party involved in the provision of the Electronic Services liable for any investment decision I may make based on my reliance on or use of such data or any liability which may rise due to delays or interruptions in the delivery of such data for any reason.
13. I agree that PSI may change the terms and conditions of this Agreement, in whole or in part, upon notice to me. I agree to use the OLST and any additional services offered through PSI in the future only in accordance with the terms and conditions specified in this Agreement as amended from time to time by PSI, and that any amendments to the terms and conditions will be deemed effective upon dissemination by PSI. Use of the OLST after receipt of such amendments will be deemed to be acceptance of such amendments.
14. This Agreement, together with my account agreement(s) and any user license agreement(s) to which I may be a party, contains the entire agreement between me and PSI with respect to the subject matter contained in this Agreement and supersedes all prior communications, whether oral, written or electronic. If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement.
15. Order Flow Payment and Order Execution Routing Disclosure Statement:
a. Order Flow Payment Information: PSI's clearing firm may receive remuneration in the form of payments for certain transactions handled by third market dealers or market centers for execution and such remuneration is considered to be compensation. PSI may also receive remuneration for certain transactions. The source and amount of any compensation, which may have been received in connection with a specific transaction, will be disclosed upon written request.
b. Order Execution Routing Information: Orders in over-the-counter securities and selected exchange-traded securities may be routed to designated third market dealers. Other orders in over-the-counter securities may be routed to designated market makers or third-party market dealers by a computerized system. All orders are executed at prices equal to or better than the displayed national best bid/offer prices.
16. AGREEMENT TO ARBITRATE CONTROVERSIES, GOVERNING LAW. This agreement contains a pre-dispute arbitration clause. The parties agree as follows:
All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
a. Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited
b. The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
c. The arbitrators do not have to explain the reason(s) for their award.
d. The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
e. The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
f. The rules of the arbitration forum in which the claim is filed and any amendments thereto, shall be incorporated into this agreement.
17. I further agree that the sole liability of PSI or its officers, directors, employees, agents or affiliates or its licensors or information providers or any third party, involved in the provision of the OLST to me for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of errors or omissions in the OLST and/or the Software and the market data provided or to be provided hereunder, shall be to furnish the correct report or data, provided that I promptly advise the data provider thereof. I further agree that I shall not hold PSI or its officers, directors, employees, agents or affiliates or its licensors or information providers or any third party involved in the provision of the OLST liable in any way for any loss or damage arising from or occasioned by any force majeure (including for example, but not limited to, communications or power failure, equipment or software malfunction) or by any other cause beyond such party's reasonable control.
IN NO EVENT WILL PSI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES OR ITS LICENSORS OR INFORMATION PROVIDERS OR ANY THIRD PARTY INVOLVED IN THE PROVISION OF THE OLST BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH I MAY INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT OR AS A RESULT OF THE USE OF THE MARKET DATA, THE SERVICES OR THE SOFTWARE, EVEN IF THE DATA PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Messages & E-mail Communications
People's United Bank consumer customers in Section A may also communicate with PSI through People’s United Bank using the Secure E-Mail Messaging service described above. The Message Center allows PSI to send me messages about my Online Trading account. These messages may include transaction information such as order status and/or to notify me regarding orders that are rejected or modified by PSI.
PSI may use external email to facilitate certain functions related to Online Trading. These functions include, but are not limited to, my creation of a User ID for the Online Trading system, assisting me in resetting my password, and/or notifying me that copies of statements or confirmations that I have requested be delivered to me electronically are available. PSI will not use external email to correspond with its customers through the Online Trading system.
I agree that I will not use e-mail SMS, text, or any other messaging system to transmit securities trade orders to PSI. I acknowledge that PSI will not act upon any trade orders which it may receive through e-mail, SMS, text, or any other messaging system, even if the messaging system is provided by People’s United Bank or PSI.
19. Electronic Fund Transfers
I agree that, except as specified in subsection (b), below, any electronic fund transfers between my PSI account(s) and my deposit account(s) at People's United Bank initiated by me through any means, including the People’s United Online Banking Services described in section A of this Agreement, will be governed by the People's United Bank Consumer Deposit Account Agreement, Funds Availability Policy and Electronic Fund Transfers Disclosure Statement and Agreement (the "EFT Agreement"), as the same may be amended from time to time, and which I acknowledge I have received as a People's United Bank deposit customer. Unless either this Agreement or the EFT Agreement are inapplicable, all provisions of the EFT Agreement apply to transfers between a PSI account and a People's United Bank deposit account initiated through the OLST.
a. The following provisions apply to all transfers between a PSI account and a People's United Bank deposit account initiated through the Electronic Services:
i) I am limited to one transfer per day to or from each of my PSI accounts.
ii) PSI's business days are Monday through Friday including all holidays except holidays on which the New York Stock Exchange is closed.
iii) All electronic fund transfers involving my PSI account will be documented on my People's Securities account statement.
iv) In the event of any change to this Agreement or the EFT Agreement which will cause me greater costs or liability, or which will limit your ability to make electronic fund transfers through the Electronic Banking Services, PSI and/or People's United Bank will notify me 21 days in advance.
b. As specified in the EFT Agreement, in the case of a lost or stolen personal security number, or any question related to a transfer between my PSI account and a People's United Bank deposit account initiated through the Electronic Services, I may contact the People's United Bank Plus Center by writing to:
People's United Bank Plus Center
P.O. Box 7001, Bridgeport, CT 06601
or calling the Plus Center at 1-800-894-0300, or any of other phone numbers listed in the EFT Agreement.
20. REAL TIME MARKET DATA
I agree to comply with any subscriber or other agreement governing my use of real time market data provided through People's United Online services.
21. I agree not to use the OLST for any purpose which is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening. I will not use the OLST to solicit PSI customers or others or participate in the solicitation of PSI customers or others for any purpose.
Section H - General Provisions
For purposes of this Section H, "you" and "your" refer to each People's United Bank or People's Securities Inc. customer who uses or is authorized to use People's Online Banking System Requirements to use People's United Online Banking Services you must have a personal computer of other device which is capable of accessing the Internet which conforms to the following operating systems and browsers: