Your Ability To Withdraw Funds
Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written.
For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 7:00 P.M. on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 7:00 P.M. or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
Longer Delays May Apply
In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $200 of your deposits, however, may be available on the first business day.
If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
If you will need the funds from a deposit right away, you should ask us when the funds will be available.
In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
- We believe a check you deposit will not be paid.
- You deposit checks totaling more than $5,000.00 on any one day.
- You redeposit a check that has been returned unpaid.
- You have overdrawn your account repeatedly in the last six months.
- There is an emergency, such as failure of communications or computer equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.
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Electronic Funds Transfer Disclosure
You will tell us AT ONCE if you believe your card or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning us 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 after you learn of the loss or theft of your card or code, you can lose no more than $50 if someone used your card or code without your permission.
If you do NOT tell us within two business days after you learn of the loss or theft of your card or code and we can prove we could have stopped someone from using your card or code without your permission if you had told us, you could lose as much as $500.00.
Limitation of Liability for Unauthorized VISA Point of Sale Transactions. Tell us AT ONCE if you believe your Visa Debit Card has been lost or stolen or of any unauthorized transactions. Your liability for unauthorized Visa Debit Card transactions that take place on the VISA system is zero dollars ($0.00). We may require you to provide a written statement regarding claims of unauthorized Visa Debit Card transactions. With respect to unauthorized transactions, these limits may be exceeded to the extent allowed under applicable law (see CONSUMER’S LIABILITY paragraph) only if we determine that you were grossly negligent or fraudulent in the handling of your account or Visa Debit Card.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, you will 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 that 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 (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
CONTACT IN EVENT OF UNAUTHORIZED TRANSFER
If you believe your card or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, you will call 570-546-2211 or write THE MUNCY BANK AND TRUST COMPANY, 2 North Main Street, Muncy, PA 17756.
You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
For purposes of these disclosures, our business days are Monday, Tuesday, Wednesday, Thursday, and Friday. Holidays are not included.
TYPES OF TRANSFERS
You may authorize certain direct deposits to your checking or savings account. You may authorize certain bills and other payments to be deducted from your checking or savings accounts. A merchant may convert your check in payment for merchandise or services into an electronic funds transfer from your account.
You may use your card or code to:
- Make deposits to your checking and savings accounts.
- Pay for purchases at places that have agreed to accept the card or code.
- Transfer funds between your checking and savings accounts.
- Withdraw cash from your checking and savings accounts.
Some of these services may not be available at all terminals.
ELECTRONIC CHECK CONVERSION
You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to
- Pay for purchases
LIMITATIONS ON DOLLAR AMOUNTS OF TRANSFERS:
You can buy up to $2,000.00 worth of goods or services each day by using the card or code in our point-of-sale transfer service.
You can withdraw up to $500.00 from our terminals using your card or code each day.
- You will be charged $5.00 per card for the issuance of replacement access cards.
- If you use your card in a foreign country and/or to make a purchase in a foreign currency, you will be charged a currency conversion fee of 1% of the transaction amount.
- If you conduct a transaction involving only U.S. dollars with the ATM/Debit card in a country outside of the United States of America, Puerto Rico or the U.S. Virgin Islands, there will be a transaction fee of .8% of the transaction amount that will appear on your monthly statement.
- If you conduct a transaction involving multiple currencies with the ATM/Debit card in a country outside of the United States of America, Puerto Rico or the U.S. Virgin Islands, there will be a transaction fee of 1% of the transaction amount that will appear on your monthly statement.
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transfers, or
- In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant, or
- In order to comply with government agency or court orders, or
- If you give us written permission.
Terminal Transfers. You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines or point-of-sale terminals.
Preauthorized Credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company you can call us at 570-546-2211 to find out whether the deposit has been made.
Periodic Statements. You will get a monthly account statement unless there are no electronic transfers in a particular month. In any case, you will get the statement at least quarterly. You will not receive a periodic statement if your account is a passbook account. Present your passbook and we will record any electronic deposits to your account.
Stop Payments. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: call us at 570-546-2211 or write us at THE MUNCY BANK AND TRUST COMPANY, 2 North Main Street, Muncy, PA 17756, in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we can also require you to put your request in writing and get it to us within 14 days after your call. We will charge you $30.00 for each stop payment order you give us.
Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
Liability for Failure to Stop Payment or Preauthorized Transfer. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
FINANCIAL INSTITUTION’S LIABILITY
If we do not complete a transfer to or from your account on time, or in the correct amount according to your agreement with us, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- If the transfer would go over the credit limit on your overdraft line.
- If the automated teller machine where you are making the transfer does not have enough cash.
- If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
There may be other exceptions stated in your agreement with us.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
You will telephone us at 570-546-2211 or write us at THE MUNCY BANK AND TRUST COMPANY, 2 North Main Street, PO Box 179, Muncy, PA 17756 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 60 days after we sent the FIRST statement on which the problem or error appeared. You will:
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (5 business days if VISA Check card point-of-sale transaction, and 20 business days if new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if point-of-sale transaction, or new account, or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days if VISA Check card point-of-sale transaction, and 20 business days if new account) 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 10 business days, we may not credit your account. For the purposes of this paragraph, an account is a new account for a period of 30 days from the date of the first deposit to the account.
We will tell you the results within three business days after completing your 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.
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Online Banking And Service Agreement And Disclosure Statement
By signing an application and enrollment form (the "Application") to subscribe to certain personal computer banking and related services offered by The Muncy Bank & Trust Company, as described in this Service Agreement and Disclosure Statement (this "Agreement") and as otherwise made available by the bank from time to time (collectively, "The Muncy Bank & Trust Company online banking service"), or by your initial access to The Muncy Bank & Trust Company online banking service, and in consideration of our allowing you access to The Muncy Bank & Trust Company online banking service, you agree to the terms and conditions of this Agreement. Each reference in the Agreement to the "Bank", "The Muncy Bank & Trust Company", "we", "us", or "our" refers to The Muncy Bank & Trust Company, and each reference to "you", and "your" refers to each depositor, borrower, authorized signer, or authorized user for an account (defined as below) who is now or hereafter enrolled in any one or more of The Muncy Bank & Trust Company online banking services with respect to the account. Each time you use The Muncy Bank & Trust Company online banking service constitutes confirmation by you of your agreement to and understanding of the terms of this Agreement and any screens that appear on your computer when you sign on to The Muncy Bank & Trust Company Web Site. This agreement will be effective as of the date of our acceptance of this Agreement as evidenced by our issuance of a PIN to you as provided is Section 3. Please read this Agreement carefully and keep it for future reference.
BROWSER SECURITY. The Muncy Bank & Trust Company Internet Banking transmits data using SSL (Secure Socket Layer) technology that supports 128 bit key encryption. It is important to verify that a secure connection between your browser and the Internet Banking server has been established before transmitting any confidential account information over the Internet. An indicator in the lower left corner of the screen can verify this. When the symbol appears "solid" transmitted data is being encrypted. When this symbol appears "broken", a secure session has not been established. Similarly, Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted. When this symbol does not appear, a session is not secure.
HOST SECURITY. The Muncy Bank & Trust Company web server does not connect directly to the Internet. It is buffered from the Internet through the use of a firewall. All access from outside the bank must go through this firewall, which screens the requests and allows only valid http traffic to reach the server. The Muncy Bank & Trust Company Internet Banking makes use of an ICSA certified firewall.
Generally. You agree to use The Muncy Bank & Trust Company online banking solely for the services described in this Agreement and designated by you in the Application or subsequently designed by you as provided in Section 5, and solely in connection with each deposit account (collectively, the "Deposit Accounts") and each loan account (collectively, "Credit Account") held by the Bank and designated by you as described below (collectively, the "Accounts"), except as otherwise expressly provided in this Agreement or as otherwise expressly permitted by us from time to time. Under this agreement, there may be multiple accounts, and at least one (1) of the Deposit Accounts must be a checking account with unlimited check writing privileges. You may add any account for which you, or all of you if more than one, are depositor, borrower, authorized signer, or authorized user by notifying the Bank or by visiting any Bank branch office. If you close or delete the only checking account designated for The Muncy Bank & Trust Company online banking, you will no longer be able to use The Muncy Bank & Trust Company online banking service.
PIN; Confidentiality of PIN. All The Muncy Bank & Trust Company online banking transactions or inquiries must be initiated by use of your Muncy Bank & Trust Company online banking personal identification number (the "PIN"). We will assign you a PIN after we have accepted your application. The first time you sign on The Muncy Bank & Trust Company online banking, you will be required to select a new PIN. You may change your PIN from time to time, as provided in the Software. It is recommended that you do not use your social security number, birthdays, names, or other codes that may be easy for others to determine as your PIN. No Bank employee will ever ask you for your PIN, nor should you provide it to anyone unless you intend to allow that person to access your accounts. YOU AGREE TO KEEP YOUR PIN CONFIDENTIAL. USE OF THE PIN BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZED US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH THE MUNCY BANK& TRUST COMPANY ONLINE BANKING. You agree that any Muncy Bank & Trust Company online request initiated by use of the PIN will be subject to and governed by this Agreement.
If you authorize another person to use your PIN, that person can use The Muncy Bank & Trust Company online to view any information or initiate any transaction on any of the accounts to which that person does not otherwise have access. As such, your sharing of your PIN is strongly discouraged by the Bank, and done at your sole risk and peril.
If a third party should gain access to your PIN, you alone are responsible for changing the PIN so as to deny the third party’s access to your banking information. Given the electronic nature of these transactions, the Bank shall have no liability to you in the event a third party should gain access to your PIN through no fault of the Bank.
You should always exit The Muncy Bank & Trust Company online after you finish viewing your accounts. Never leave your computer unattended while accessing The Muncy Bank & Trust Company online. If you should, a third party may be able to access your accounts from your terminal, without ever needing to use your PIN.
Business Days. Business days for the Bank and for The Muncy Bank & Trust Company online are Monday through Friday, excluding holidays. You may access the accounts through The Muncy Bank & Trust Company online 24 hours a day, seven days a week, except that The Muncy Bank & Trust Company may perform regular maintenance on our systems or equipment, which may result in errors or interrupted service. We may also find it necessary to occasionally change the scope of our services. The Muncy Bank & Trust Company cannot guarantee that we will be able to provide notice of such interruptions and changes, although we will attempt to provide such notice.
Online Services. You may use The Muncy Bank & Trust Company online to perform any of the following services designated by you in the Application or subsequently added by you as provided below:
- To transfer funds between any Deposit Accounts, such as checking, savings, money market deposit accounts and loan accounts;
- To receive and download balance and transaction information on your Muncy Bank & Trust Company accounts;
- To place new orders and reorders for Deposit Account checks;
- To place Stop Payment requests;
- To change your PIN;
- To open a Muncy Bank & Trust Company Checking, Savings, or Certificate of Deposit;
- To receive e-mail from and transmit to the Bank, all as described in this Agreement and the Software.
You may sign up for or cancel any service by contacting The Muncy Bank & Trust Company. As used in this Agreement, the term "electronic fund transfer" has the meaning provided for that term in Regulation E and includes, without limitation, a bank transfer or a loan payment (other than a loan payment made by check or other paper item), as these terms are defined below.
Transfer to and from Accounts.
Deposit Accounts. You may use The Muncy Bank & Trust Company to initiate electronic fund transfers from one Deposit Account that is a checking, savings or money market deposit account to any other Deposit Account that is a checking, savings or money market deposit account, as provided in this Agreement. These types of transactions are referred to in this Agreement as "bank transfers".
Authorization. You expressly authorize us to debit the appropriate Deposit Account in the amount of any bank transfer initiated through The Muncy Bank & Trust Company online banking by you or by any other person who is authorized to use your PIN. You agree that we may treat any such bank transfer from a Deposit Account the same as a duly executed written withdrawal, transfer, or check and that we may treat any such bank transfer to a Deposit Account the same as a deposit, all in accordance with the terms of this Agreement and your deposit agreement(s) with us.
Limitations. Your ability to initiate bank transfers between Deposit Accounts may be limited by federal law or by the terms of your deposit agreement with us. Bank transfers from Deposit Accounts that are savings or money market deposit accounts are limited as required by federal regulation. You agree that we may, without notice or other obligation to you, refuse to make any bank transfer for security reasons or as otherwise expressly provided in this Agreement or your deposit agreement with us.
Time of bank transfers; posting; funds availability. If you initiate a bank transfer of available funds on or before seven (7) PM Eastern Time on a business day. If you initiate a bank transfer other than before seven (7) PM Eastern Time on a business day, the bank transfer will be posted on the next business day. Transferred funds will be available for withdrawal on the business day following business day the bank transfer is posted to the Deposit Account. Please refer to the following schedule for posting and funds availability information (intervening holidays will alter this schedule):
If a bank transfer is initiated before 7 PM Eastern Time Funds will be posted on: Funds will be available on:
Monday Monday Tuesday
Tuesday Tuesday Wednesday
Wednesday Wednesday Thursday
Thursday Thursday Friday
Friday Friday Saturday
Saturday Monday Tuesday
Sunday Monday Tuesday
Transferred funds will be available for transfer and withdrawal as provided in our Schedule of Funds Availability (the "Schedule of Funds Availability"). The schedules provided in this Section are subject to the provisions of Section 14 and 15.
Account Information. You may use The Muncy Bank & Trust Company online banking to receive, download, and store or print information regarding an account that is routinely set forth in the statement for the Account, debits and credits made to the account, amounts and item numbers for items drawn on the account (if applicable), and the daily account balance (including interest credited to a Deposit Account and finance charges accrued on a Credit Account). All account information provided via The Muncy Bank & Trust Company online banking will be current as of the end of the preceding business day, and is subject to further adjustment and correction. Because the information is made available to you as "raw data" furnished through the Service Provider and is subject to change, we cannot assure you of the accuracy or completeness of the information and expressly disclaim the same. You will still receive your usual periodic statement of account, and adjustments may have been made to your account in connection with the preparation of your statement.
Electronic Mail Service. You may use The Muncy Bank & Trust Company online banking to send electronic mail ("e-mail") to us and to receive e-mails from us. The e-mail service may not be used to make bank transfers between accounts or to make loan payments from an account. E-mail transmitted by you to us via The Muncy Bank & Trust Company online often will not be delivered to us immediately. If you need to contact us immediately to stop payment, to report an unauthorized use of your PIN, to report unauthorized access to an account, or for any reason, you should call us at (570) 546-2211. We will not be responsible for acting on or responding to any e-mail request made through The Muncy Bank & Trust Company online banking until we actually receive your e-mail message and have a reasonable opportunity to act. You should check your e-mail regularly; we will attempt to notify you by e-mail in the event of any technical difficulties or other occurrence that may affect your use of The Muncy Bank & Trust Company online banking.
Additional Service. We may, from time to time, make additional services available through The Muncy Bank & Trust Company online banking. We will notify you of the availability and terms of these new services. By using these additional instructions, procedures and terms provided to you with respect to each of these new services.
Fees and Charges. Access to The Muncy Bank & Trust Company web site is currently furnished at no charge to the customer. There is currently no set-up fee for online banking with The Muncy Bank & Trust Company. The Muncy Bank & Trust Company has not instituted a charge for viewing your accounts, or completing transfers to and from your individual accounts.
Any and all pricing changes made in consideration of our making The Muncy Bank & Trust Company online service available to you, will be mailed to you with notification of the changes and when the new pricing will take effect. You agree to pay, and authorize us to automatically debit to the billing account designated on the Application during the first week of each calendar month, all non-refundable charges for the preceding calendar month. These changes will not be prorated for portions of a month and may be changed pursuant to Section 20 of this Agreement.
You will be solely responsible for all tariff, duties, or taxes imposed by government or governmental agency in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, tools tariffs, and other costs for online sessions initiated by you. There may be other costs and charges associated with your accounts. Please refer to the service for details.
Errors and Adjustments. We agree to correct any error made in crediting or debiting any account by making the appropriate adjustment to your account balance. You agree to repay promptly any amount credited to your account in error, and you authorize us to initiate a debit transfer to any account to obtain payment of any erroneous credit.
Account Reconciliation. The Deposit Account statements or other notices provided to you by us will notify you of (a) the execution of bank transfers or loan payments and the debits to the Deposit Account made with respect to such bank transfers and loan payments, and (b) amounts debited by the Bank from the Billing Account or any other account for payment of the services or other charges pursuant to this Agreement. You agree that we will not be required to provide any other notice to you of the execution of bank transfers, loan payments, or debits. You agree to promptly examine each statement for a Deposit Account and to promptly report any discrepancies between your records and the Deposit Account statements or any other notices mailed by the Bank to you, as provided in Section 16.
Settlement of Obligation. To the fullest extent permitted by applicable law, you authorize us to obtain payment of your obligations to us under this Agreement from time to time by (a) initiating debit or credit transfers to any of the accounts or (b) deducting the payment from the amount of any bank transfer or loan payment. Such obligations include, without limitation; fees owed to us and settlement for bank transfers or loan payments initiated through The Muncy Bank & Trust Company online banking. At the time any account is closed (whether by you, by us, or otherwise), you agree that all such obligations will be immediately due and payable to us, and you authorize us to withhold the amount of any such obligations from any account. Debiting an account or deducting payment from the amount of any bank transfer or loan payment is not the Bank’s exclusive remedy under this or any other section of this Agreement, and the Bank will not be deemed to have made an election of remedies by making any such debit or deduction on any one or more occasions.
Bank’s Liability for Failure to Make or Stop Certain Electronic Fund Transfers. If we do not complete an electronic fund transfer to or from a Deposit Account in a reasonable amount of time or in the correct amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances:
- If, through no fault of ours, you do not have enough money in the Deposit Account (or any linked account) to make the electronic fund transfer.
- If the electronic fund transfer would go over the credit limit on any check overdraft protection line of credit account linked to the Deposit Account.
- If you have not completely and properly followed the terms of this Agreement or instructions provided by the Software regarding how to make an electronic fund transfer.
- If any data or instruction transmitted via The Muncy Bank & Trust Company online banking are inaccurate or incomplete.
- If you so not initiate an electronic fund transfer according to the time limits set forth in this Agreement or if the payment amount requested is less than the full amount due.
- If the electronic fund transfer has been transferred from the Deposit Account to a third party, including, without limitation, any third party through which payment is made and any payee or its financial institution.
- If the Hardware, the Software, the Service Provider, or any part of The Muncy Bank & Trust Company online system, including the loan payment service, was not working properly and you knew about the breakdown when you started your electronic fund transfer.
- If circumstances beyond our control, such as an act of God, failure, delay, or error on the part of any third-party service provider (including, without limitation, the Service Provider, the United States Postal Service or any other delivery service), power outage, difficulty with telephone or cable lines or satellite communications, difficulty with any Hardware, the Software, or the Service Provider, computer virus, or related problem, or cessation of the operation of the Service Provider or the arrangement between the Bank and the Service Provider, prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken.
- If your funds are being held frozen or are subject to legal proceedings.
- If the funds in the Deposit Account are unavailable (funds are only conditionally credited until they become available for withdrawal).
- If your PIN has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized.
- If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer.
- If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period of the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts).
- If the Deposit Account has been closed.
- If we do not receive the necessary transfer information from you or any third party, or if such information is incomplete or erroneous when received by us.
There may be other exceptions stated in this or any other applicable agreement that we have with you.
Limits on Bank’s Liability. Our liability for electronic fund transfer made to or from Deposit Accounts is also governed by Sections 14 and 16. If any provision herein is inconsistent with any provision of Section 14 or Section 16 or any provision of applicable law that cannot be varied or waived by agreement, the provisions of those Sections or applicable law shall control. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of delay or failure in the performance of any Muncy Bank & Trust Company online service in accordance with the terms of this Agreement, including but not limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfer that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, or punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if the Bank has been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an independent contractor and not the Bank’s agent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANT ABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY THE BANK WITH RESPECT TO ANY MUNCY BANK & TRUST COMPNAY ONLINE SERVICE OR THE SOFTWARE, AND THE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, the Bank shall not be liable at any time to you or any other person for any loss, charge, fee, penalty, expense or other damage resulting from any failure or delay of the performance of the Bank’s responsibilities under this Agreement which is caused or occasioned by any act or thing beyond the Bank’s reasonable control, including, without limitation, legal restraint, interruption of transmission facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or loan payment. In addition, the Bank shall be excused from any failure or delay in executing a bank transfer or loan payment, if such execution would result in the violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that the Bank shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, without limitation, the Service Provider, any Internet access service provider, any Federal Reserve Bank or transmission or communications facility or any intermediary or receiving financial institution, and no such person shall be deemed the Bank’s agent.
Your Liability for Unauthorized or Erroneous Transfer. To the fullest extent permitted by applicable law, you agree for all unauthorized or erroneous transactions initiated through The Muncy Bank & Trust Company online banking. You have the obligation to immediately notify the Bank if your PIN has been lost or stolen, or if someone has transferred funds from your account through The Muncy Bank & Trust Company online without your permission (or is contemplating doing so). The following provisions of the Section apply only to your liability for unauthorized electronic funds transfers. An "unauthorized electronic fund transfer" means an electronic fund transfer from a Deposit Account that is initiated by another person without your authority to initiate the electronic fund transfer(s) and from which you receive no benefit. The term does not include any Muncy Bank & Trust Company online electronic fund transfer that is initiated by a person to whom you furnished your PIN, unless you have notified us that electronic fund transfers by that person are no longer authorized and we have had reasonable opportunity to act on that notification. We may require that the notice be in writing. You could lose all the money in your Deposit Account, some or all of the money in any linked account, or up to your maximum overdraft line of credit if you have a check overdraft protection line of credit, if you fail or refuse to immediately advise the Bank of the unauthorized use of your PIN. If your statement shows electronic fund transfer that you did not make, tell us at once. If you do not tell us within sixty (60) calendar days after the FIRST statement was mailed to you, you shall not be entitled to assert a claim against the Bank, nor be entitled to any damages from the Bank, as to said unauthorized transfers. This sixty (60) day limitation is without regard as to the standard of care exercised by the Bank. If you believe your PIN has been lost or stolen or that someone has transferred or may transfer money from a Deposit Account without your permission call: (570) 546-2211.
The Muncy Bank & Trust Company
PO Box 179
Muncy, PA 17756-0179
Rejection of Payment Orders; Overdrafts. You acknowledge that the Bank or the Service Provider may from time to time, in its sole discretion, reject any bank transfer or loan payment request (any "payment order") or return any bank transfer or loan payment (a) if there are insufficient or unavailable funds in the Deposit Account or the Deposit Account has been closed or is frozen, (b) if the payment order does not conform to the terms of this Agreement or the Software, or (c) if the payment order appears to be a duplicate, but neither the Bank nor the Service Provider is under any obligation to recognize that a payment is a duplicate and you should not rely on the Bank or the Service Provider to do so. If a payment order is rejected or a bank transfer or loan payment is returned, either the Bank or the Service Provider will notify you and you will have the sole obligation to remake payment order in accordance with the terms of this Agreement and the Software. The Bank or the Service Provider may from time to time, in its sole discretion and without any obligation to do so, execute any payment order or make any bank transfer or loan payment even though an overdraft to the account results. To the extent permitted by applicable law, you agree that neither the Bank nor the Service Provider will have any liability whatsoever for refusing to accept any payment order or rejecting or returning any bank transfer or loan payment. If an overdraft occurs in a Deposit Account, you agree to cause sufficient available funds to pay the amount of the overdraft to be deposited or credited to the Deposit Account before the end of that business day. Any overdraft existing at the close of a business day is immediately due and payable without notice or demand.
Disclosure of Deposit Account Information to Third Parties. You agree that we may from time to time disclose to third parties information about your Deposit Account or the transactions that you make through The Muncy Bank & Trust Company online banking. We will disclose information to third parties about your Deposit Account or the transfers you make:
- Where it is necessary for completing bank transfers or loan payment or providing any other service in connection with The Muncy Bank & Trust Company online banking; or
- In order to verify the existence and condition of your Deposit Account for a third party, such as a credit bureau or merchant; or
- In order to comply with government agency or court orders; or
- If you give us your written permission.
Other Agreements; Server Ability; Governing Law. The terms and conditions of this Agreement are cumulative with and in addition to any terms of the signature cards or account agreements for your Deposit Account(s), the applicable account disclosures, the Service Schedule, the Schedule of Funds Availability, the Bank’s Electronic Fund Transfer Agreement and Disclosure Statement, the agreements governing the Credit Accounts, and the Application, all as may be amended from time to time. In the event of any related materials regarding the Bank’s obligations to you, the terms of this Agreement will control. If any provision of this Agreement is unlawful or unenforceable, each such provision or writing will be without force and effect without thereby affecting any other provision hereof. No consumer protection provision of the Federal Electronic Fund Transfer Act of Federal Reserve Board Regulation E is intended to be waived by you under this Agreement unless the waiver is permitted by law. The parties agree to be bound by the operating rules and guidelines of the National Automated Clearing House Association and the applicable local automated clearing house association as in effect from time to time with respect to all automated clearing house transfers made hereunder. The Agreement will be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the state where our offices holding the account(s) is located, without regard to such state’s rules regarding conflict of laws.
Amendments. We may amend this Agreement from time to time. Each amendment will be effected by our mailing or otherwise delivering the amendment, revised agreement and/or notice thereof to you in accordance with applicable federal and state laws. If no federal or state law specifically governs the amendment, the amendment shall be effected by mailing or otherwise delivering it to you or posting is in our full-service branch offices at least 10 calendar days prior to the effective date of the amendment. Notwithstanding the foregoing and to the extent permitted by applicable law, we may change any term of this Agreement without prior notice or obligation to you: (a) If the Software or the Service Provider changes any term without providing us sufficient notice to enable us to properly notify you; (b) for security reasons; (c) to comply with applicable law; or (d) as otherwise expressly provided in this Agreement.
Termination. You agree that we may cancel or restrict your use of The Muncy Bank & Trust Company online banking or any Muncy Bank & Trust Company online service at any time upon such notice (including e-mail) as is reasonable under the circumstances. You may cancel The Muncy Bank & Trust Company online by written request to the Bank at any time. If you cancel the service, all pending and/or recurring services will automatically be cancelled.
Assignment. You may not assign all or any part of your rights or obligations under this Agreement without our prior express consent, which may be withheld in our sole discretion. We may assign or delegate all or any part of our rights or obligations under this Agreement, including, without limitation, the performance of the services described herein. This Agreement will be binding on and inure to the benefit of the successors and assigns or either party.
No Third-Party Beneficiaries. This Agreement is for the benefit of you and the Bank and is not intended to grant, and shall not be construed as granting, any rights to or otherwise benefiting any other person, except as expressly otherwise provided in this Agreement.
CHOICE OF FORUM AND JURY TRIAL WAIVER. In the event any litigation is instituted to enforce or interpret the terms of this Agreement, you agree that the exclusive forum therefore shall be the Circuit Court of Lycoming County, Pennsylvania. In the event that the Bank is the prevailing party, the Bank shall be entitled to reimbursement for all reasonable attorneys’ fees and costs incurred including, but not limited to, those incurred incident to any appeal. YOU AND THE BANK HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OF ALL DISPUTES, CONTROVERSIES AND CLAIMS BY, BETWEEN OR AGAINST EITHER YOU OR THE BANK WHETHER THE DISPUTE, CONTROVERSY OR CLAIM SUBMITTED TO ARBITRATION OR IS DECIDED BY A COURT.
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