Online Service Agreement & Disclosure

This PBK Bank Online Service Agreement and Disclosure ("the Agreement") explains the terms and conditions governing basic PBK Bank Online Services and bill pay services offered by PBK Bank. By using any of the PBK Bank Online Services, you agree to abide by the terms and conditions of this Agreement. The terms "we", "us" and "our" refer to PBK Bank. "You" refers to each person who enrolls for PBK Bank Online Services and has a password. The term "business days" means Monday through Friday, excluding Saturday, Sunday and PBK Bank holidays.

  1. Account Requirements. In order to subscribe to the Service, you must have at least one account ("Account") with us. Online Services and each of your accounts are also governed by the applicable disclosures, rates, and fee schedules provided by PBK Bank. You are responsible for paying any fees associated with PBK Bank Online Services and bill payment as well as any additional fees that may be assessed by your Internet Service Provider and for any telephone charges or fees incurred by accessing PBK Bank Online Services.

  2. Acceptance. Your initial use of PBK Bank Online Services constitutes your acceptance and agreement to be bound by all of the terms and conditions of this agreement, by the disclosures, rates, and fee schedules applicable to your accounts, and acknowledges your receipt and understanding of this agreement. PBK Bank is entitled to act on instructions received through PBK Bank Online Services under your password. However, do not, under any circumstances, disclose your password by telephone or to anyone claiming to represent PBK Bank; PBK Bank's employees do not need and should not ask for your password. You are liable for all transactions made or authorized using your password. PBK Bank has no responsibility for establishing the identity of any person using your password. If, despite PBK Bank's advice, you give your password to anyone, you do so at your own risk since anyone to whom you give your PBK Bank Online Services password or other means of access will have full access to your accounts even if you attempt to limit that person's authority. You must notify PBK Bank that your password has been lost, stolen, or otherwise compromised and should not be honored and must be disabled.

Authorized Use (Joint Accountholders) You hereby release PBK Bank from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account(s) and/or you have given your password to such person, or, in the case of a jointly held account such person is one of the owners of the account. A person who has been furnished your password is considered an authorized user, unless you have notified the bank that activity by that person is no longer allowed. You agree to indemnify PBK Bank and hold it harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions. There are two ways for joint accountholders to enroll for PBK Bank Online Services.

    1. Both account holders may enroll separately and each will have his/her own password, and his/her own separate PBK Bank Online Services Agreement. Each such joint account holder is subject to separate PBK Bank Online Services service fees as applicable.

    2. Alternatively, one holder of a joint account can enroll for PBK Bank Online Services with one password issued and be subject to fees for one person.

  1. Limits on Transfers from Accounts. Federal regulations limit the number of certain types of transfers from savings and money market deposit accounts. You are limited to six pre-authorized electronic fund transfers and telephone transfers, including bill payment transactions, checks and point-of-sale transactions, per month. Each fund transfer or bill payment through the service from your savings or money market deposit account is counted as one of the six transfers you are permitted each month. However, payments to your loan accounts with us are not counted toward this limit for savings and money market deposit accounts. Your ability to transfer funds from certain accounts is also subject to the Account Agreements. You should refer to these agreements for legal restrictions and service charges applicable for excessive withdrawals and transfers.

  2. Limitations on dollar amounts of transfers.

    1. You may transfer up to your available balance daily.

    2. Bill payments must be between $1.00 and $10,000.00

  3. Transfer types allowed. You may use your Password to access your account(s) to:

    1. Transfer funds between your checking and/or savings accounts whenever you request.

    2. Pay bills directly from your checking account in the amounts and on the days you request.

    3. Transfer funds from your checking or savings account(s) to your loan account(s).

  4. Transfer Cutoff Times. Single time, also know as, Quick Transfers are cutoff at 5 pm Central time, so any transfers done after this time will not post until the next business day. Scheduled Recurring Transfers are processed at 5 a.m. Pacific Standard Time.

  5. Bank's Responsibility for Processing Transactions. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages.

  6. Limitations of Bank's Responsibility for Processing Transactions. There are some exceptions to the Bank's liability for processing transactions on the account(s). We will not be liable, for instance:

    1. if, through no fault of ours, you do not have enough money in your account to make the transfer;

    2. if the transfer would go over the credit limit on your overdraft line;

    3. if the funds in your account were attached or the transfer cannot be made because of legal restrictions affecting your account;

    4. if a Scheduled Recurring Transfer is entered after 5 am Pacific Standard Time or a Quick Transfers is entered after 5 pm Central time;

    5. if any system or any software was not working properly and you knew about the breakdown when you started the transfer;

    6. if circumstances beyond our control (such as interruption of telephone service or telecommunication facilities, or natural disaster such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken;

    7. if you have not provided us with complete and correct transfer or payment information, including without limitation, the name, address, account number and payment amount for the payee on a bill payment;

    8. if you have not properly followed the instructions for using the service or any software;

    9. if your operating system or software was not properly installed or functioning properly; or

    10. if you are unable to access your account or the service due to internet facility or service provider delays or other problems.

    11. There may be other exceptions stated in our agreement with you. The bank's sole responsibility for an error in a fund transfer or bill payment will be to correct the error, but in no case shall the bank be liable for any indirect, punitive, special, incidental or consequential damages (even if you have informed us of the possibility of such damages). In states which do not allow the exclusion or limitation of liability for indirect, punitive, special, incidental or consequential damages, the bank's liability is limited to the extent permitted by Applicable Law (as defined below). Our service providers are independent contractors and not our agents. To the extent permitted by Applicable Law, we will not be responsible for any error, damage or other loss caused by any service provider.

  7. Fees. Bill Payment Service is FREE.

    1. Bill Payment Service is FREE! (except for the use of Expedited Funds and the charges are clearly marked.)

  8. Confidentiality. We will disclose information to third parties about your account or the transfers you make:

    1. Where it is necessary for completing the transfers.

    2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant.

    3. In order to comply with government agency or court orders.

    4. If you give us your written permission.

  9. Availability of Service. The service will be accessible 24 hours a day, seven days a week. The service may be inaccessible for a reasonable period on a daily basis for system maintenance. We shall not be liable under this agreement for failure to provide access. Your access to the service shall be determined in the sole discretion of the Bank. Subject to applicable law, the bank reserves the right to modify, suspend, or terminate access to the service at any time and for any reason without notice or refund of previously incurred fees.

  10. Inactive Accounts. As an additional safeguard, if your account becomes inactive for more than 180 days, we reserve the right to terminate your Internet Banking Services.

  11. Amendments. PBK Bank has the right to modify or terminate this agreement at any time. We will comply with any notice requirements under applicable law for such changes or termination. If we terminate this agreement, no further PBK Bank Online Services transfers or bill payments will be made, including but not limited to any payments or transfers scheduled in advance or any pre-authorized recurring payments or transfers. If we modify this agreement, your continued use of PBK Bank Online Services will constitute your acceptance of such changes in each instance.

  12. Bill Payment Service.

    1. Bill Payments. You may also use the service to pay bills if you choose the Bill Payment Service. Unless the context clearly requires otherwise, all references to the "Service" herein also refer to the Bill Payment Service as long as you subscribe to the Bill Payment Service. With the Bill Payment Service, you may: (i) make current, future, or recurring payments to certain companies or individuals you select; and (ii) make current, future, or recurring payments directly to your loan or credit accounts with us. You may make bill payments in any amount greater than or equal to $1.00 and less than $10,000. Bill payments may not be made to pay taxes or child support, maintenance, alimony, or other court-ordered obligations.

    2. Payment Account. When you sign up for the Bill Payment Service, you must designate a checking account with us as the account from which bill payments should be made (the "Payment Account").

    3. Payees. You may designate payees through the Bill Payment Service (each, a "Payee"). You must provide sufficient information about each Payee as requested from time to time to properly direct a payment to that Payee and permit the Payee to identify the correct account to credit with your payment. This information may include, without limitation, the name and address of the Payee and your Payee account number. The Payee must have a United States payment address that can be verified in the ordinary course of business. Occasionally, a Payee may choose not to participate in the Bill Payment Service or may require additional information before accepting payments. While we work with these Payees to encourage them to accept an electronic or check bill payment through the Bill Payment Service, the Payee may not accept such bill payments or may not be able to process bill payments in a timely manner. In that event, we may decline to make future payments to this Payee and a notice will be sent to you.

    4. Authorization. When you schedule a bill payment using the Bill Payment Service, you authorize us to follow the payment instructions and transfer funds from your Payment Account with us to the Payee. We may refuse to act on your instruction if sufficient funds, including funds available under any overdraft plan, are not available in your Payment Account on the date you want us to process your payment (the "Transaction Date"). We reserve the right to refuse to make any bill payment.

    5. How Bill Payments are Made, Changed and Canceled. The date that you request a bill payment is the "Initiation Date". The date that an electronic fund transfer is made from the Payment Account or a check is drawn on the Payment Account to make the bill payment is the "Transaction Date".

      1. Today Payments. You may schedule the Transaction Date of a bill payment to be the first Business Day after the Initiation Date by designating the bill payment as a "Today Payment". You must have sufficient available funds in the Payment Account on the Initiation Date. Today Payments may be changed or canceled only during the course of the online session during which the bill payment is requested.

      2. Future Payments. You may schedule the transaction date of a bill payment to be a future date within 365 days of the initiation date by designating the bill payment as a "Future Payment". You must have sufficient available funds in the payment account as of the business day immediately preceding the transaction date. Future payments may be changed or canceled online until 11:00 p.m. central time of the business day before the transaction date.

      3. Recurring Payments. You may schedule a bill payment to be automatically initiated in a fixed amount on the same transaction date every month by designating the bill payment as a "Recurring Payment". The date on which a bill payment is scheduled to be initiated is referred to below as the "Recurring Payment Date". If the recurring payment date is a date that does not exist in a certain month, the bill payment will be initiated on the last business day of the month. For example, if you schedule a bill payment for the 30th of each month, the bill payment for the month of February will be initiated on or before the 28th of February. If the recurring payment date falls on a day other than a business day in any month, the bill payment will be initiated on the next business day. For example, if you schedule a check to be issued on the 15th of each month, and the 15th is a Saturday or Sunday of that month, a check will be issued on the first business day after the 15th. Thus, the actual transaction date for any month may not be the recurring payment date. recurring payments may be changed or canceled online until 11:00 p.m. central time of the business day before the transaction date.

      4. Scheduling Payments. We deduct the amount of the bill payment from your payment account on the transaction date. If the transaction date that you schedule is not a business day, the actual transaction date will be the next business day. To ensure that your bill payments arrive on time, you must schedule the transaction date for each bill payment to be at least ten business days before the payment due date, not including any applicable grace period. This generally allows sufficient time for the payee to receive and post your bill payment. We are not responsible for postal delays or processing delays by the payee. Payments made through the bill payment service are assigned a unique confirmation reference number. This number appears on your monthly statement for your payment account. You may review payments on our website.

      5. Sufficient Available Funds. We process payment instructions only if there are sufficient funds available in your payment account on the transaction date. If sufficient funds are not available in your payment account on the transaction date, the bill payment will be canceled and the bill payment service will be blocked. You agree to pay a Bill Pay NSF Fee of $40 per item and that the fee will be automatically debited to your payment account. This bill payment NSF Fee of $40 per item is in addition to the regular non-sufficient funds fee charged by the bank. A written or electronic notice of any canceled bill payment will be sent to you. No further bill payments will be processed until sufficient funds are available in the payment  account.

      6. Method of Payment. You authorize us to make the bill payments you request through the bill payment service in any one of the following ways. Bill payments may be sent through an electronic transmission to the payee. Payees that receive electronic delivery will receive your payment information, including your account number, through a computer link. Payments made electronically are generally received and credited by most payees within three to four business days. Bill payments may be made by a check mailed to the payee. When more than one customer schedules a payment to the same payee on the same date (which frequently happens), a consolidated check may be issued to the payee with an accompanying paper list of each customer by name, each account number to be credited, and the amount of each payment. All checks are sent through the United States mail. Payments made with a check are generally received and credited by most payees within ten business days.

      7. Stopping Bill Payments. If you have told us in advance to make recurring payments out of your payment account, you can stop or change any of these bill payments. To stop or change a Recurring Payment, call 1-800-825-4321, or write M & I Data Services, P.O. Box 3252 ,Milwaukee, WI 53201-3252, in time for your request to be received three (3) business days or more before the scheduled transaction date or recurring payment date of the bill payment. If you call, you may also be required to put your request in writing and get it to the above address within fourteen (14) days after you call. For business service, stop payment orders must be in writing on your letterhead stationery signed by a designated user. A stop payment may be placed on an item sent by check up to five (5) business days after the transaction date.

  13. DISCLAIMER OF WARRANTIES. NEITHER THE BANK NOR ANY SERVICE PROVIDER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY APPLICABLE LAW.

  14. Consumer Liability. - Tell us at once if you believe your 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 2 business days, you can lose no more than $50 if someone used your Password without your permission. If you do NOT tell us within 2 business days after you learn of the theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 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 kept you from telling us, we will extend the time period.

  15. Reporting Unauthorized Transactions. You should notify us immediately if you believe any of your passwords have been lost or stolen or that someone has transferred or may transfer money from your account without your permission.

ERROR RESOLUTION NOTICE

In Case of Errors or Questions About Your Fund Transfers and Bill Payments

Internet Banking  & Bill Payment Service
Call (606) 365-7098
or write to PBK Bank,
Attn: Internet Banking
120 Frontier Blvd
P.O. Box 366
Stanford KY 40484

As soon as you can if you think your statement is wrong or if you need more information about a fund transfer or bill payment listed on the statement. We must hear from you no later than 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 fund transfer or bill payment 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 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.

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 within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.