PLEASE READ THIS PEOPLE PAY SERVICES AGREEMENT & DISCLOSURE CAREFULLY. BY USING THE PEOPLE PAY SERVICES, YOU ACKOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS PEOPLE PAY SERVICES AGREEMENT & DISCLOSURE AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Saco & Biddeford Savings Institution (“we,” “us” and “our”) makes the People Pay Services (“People Pay” or “Services”) available to individuals (natural persons) for personal, family or household purposes, if they are enrolled in our Online Banking Service and have agreed to our Online Banking Service Agreement and Disclosure (the “Agreement”). The terms and conditions of the Agreement and, as and when applicable, the Personal Mobile Banking Terms & Conditions (the “Mobile Banking Terms”), are incorporated into this People Pay Services Agreement & Disclosure (“Disclosure”) by reference and made a part of this Disclosure. In the event of a conflict between the Agreement and this Disclosure concerning the People Pay Services, the terms and conditions of this Disclosure shall control. Any capitalized terms not defined in this Disclosure shall have the meanings provided in the Agreement and, where applicable, the Mobile Banking Terms.
You understand and agree that the Agreement and the Mobile Banking Terms include disclosures of your rights and responsibilities and our responsibilities with regard to electronic fund transfers, and you acknowledge and agree that any electronic fund transfers conducted through the People Pay Services are subject to those disclosures.
1. Eligibility. You must be enrolled in Online Banking in order to use the People Pay Services. The People Pay Services enable you to: (1) initiate a one-time payment from your Account to another account at a U.S. financial institution; and (2) receive a payment from another account at a U.S. financial institution in the name of one or more individuals (natural persons) into your Account, in U.S. dollars.
2. Use of People Pay Through Mobile Banking. If you are enrolled in the Personal Mobile Banking Service (“Mobile Banking”), you may access People Pay through the Mobile Banking Services Application (the “App”) to initiate payments. The terms of this Disclosure apply to your use of the People Pay Services through the App.
3. Acceptance of Terms. If you do not click on the “Continue” button and agree to all of these Terms, you will not be entitled to use the Services. We reserve the right to change these Terms in our sole discretion at any time; however, we will notify you of any material change to these Terms. In most cases, you will receive the notice within Online Banking the next time you log in; however, we reserve the right to notify you by e-mail or by U.S. Mail, in our discretion. You agree that if you continue to use the Services after we notify you of any change, you thereby accept the changes to these Terms and agree to be bound by these Terms, as amended. If you do not accept and agree to the changes to these Terms, you will not be entitled to use the Services. You can review, download and print the most current version of these Terms within Online Banking. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Services, you can unenroll in the Services are provided in Section 21. Once your Account has been closed or terminated for any reason, you will have no further right or access to use the Services.
4. Initiating Payments. You may use the following methods to send payments through the People Pay Services:
4.1 Account to Account Transfer. You can provide all of the required information about the Contact, including the Contact’s name and bank account information (routing number and account number), that is necessary to complete an ACH transfer of funds. The funds will be deposited directly into the Contact’s account within 1-3 business days. The Contact will receive an e-mail or text message at the e-mail address or mobile phone number provided by the Contact when a payment is received. Your Account will be debited at the time you authorize the transfer. Once you have provided your authorization for the transfer, the transfer cannot be cancelled.
4.2 Send to PayPal Account. You can provide the Contact’s name and email address associated with the Contact’s PayPal Account and funds will be credited to the Contact’s PayPal account. When the payment is received, the Contact will receive a notification e-mail from PayPal at the e-mail address associated with the Contact’s PayPal account. There is a fee of $1.00 payable to the Bank for each payment sent to a PayPal Account.
4.3 Contact Chooses. You can provide the Contact’s name and either an e-mail address or a mobile telephone number for the Contact and an e-mail or text message will be sent to the Contact requesting that the Contact go to our People Pay website identified in the text message or email to provide: (i) information permitting validation of the Contact’s identity and (ii) account or debit card information in order to complete the payment transaction. If the Contact maintains an account with an institution that participates in the People Pay Services, the Contact may instead access the People Pay Services through his or her financial institution’s website or mobile application to complete the payment transaction and receive the payment. Your Account will be debited at the time the Contact claims the payment. The payment may be cancelled any time before the Contact claims the payment. You may cancel the payment either by accessing and cancelling the payment within Online Banking or by contacting us as provided in the Agreement. The payment cannot be cancelled if it has been claimed, declined, or it has expired. The payment will expire, and cannot be claimed, if it has not been claimed by the Contact within ten (10) days of the date the payment is initiated.
5. Unclaimed or Declined Payments. When you initiate a payment, the Contact is not required to accept or claim the payment. You agree that you will not hold us liable for any losses or damages resulting from a Contact’s decision to accept or not to accept a payment initiated or attempted through the People Pay Services. We are not responsible for payment delays due to the Contact’s delay in claiming a payment or the Contact’s entry of incorrect account information when claiming a payment.
6. Receiving Payments. You have the ability to receive payments from another individual (natural person) who uses the People Pay Services (“Sender”). The People Pay Services will send you a message, either through e-mail or text message to the e-mail address or mobile phone number you have entered in your People Pay profile, when you have received a payment. The Sender or the Sender’s financial institution also may send you a message regarding the payment. You authorize the People Pay Services, the Sender, and the Sender’s financial institution to send e-mails and text messages to you in connection with the Sender's initiation of such payments. You may claim the payment by accessing the “Incoming Payment” tab on the People Pay page within Online Banking and following the instructions to claim the payment. Once you have completed the claim process, the payment amount will be deposited into your Account within 1-3 business days. You also may choose to decline the payment by accessing the Incoming Payment tab within Online Banking and following the instructions to decline the payment. If you decline, the payment will not be deposited into your Account.
You understand and agree that there may be a delay between the time you are notified of the pending payment and the deposit of the payment funds into your Account, and that you may be required to take additional steps to facilitate the deposit of the payment of funds into your Account. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.
7. Your Rights and Responsibilities. You understand and agree that the Agreement discloses your rights and responsibilities and our responsibilities with regard to electronic fund transfers, and you acknowledge and agree that any electronic fund transfers conducted through the People Pay Services are subject to the Agreement and those disclosures.
8. People Pay Transaction Limits. The maximum amount of each payment that you make through the Services is $500.00. The maximum total amount of all payments that may be made through the Services each day is $500.00. These limits may be adjusted from time to time in our sole and exclusive discretion.
9. Fees. You may be charged a fee for certain transfers made using the People Pay Services. A fee of $1.00 applies if you choose to send a payment to a Contact’s PayPal Account. At this time, no other fees apply. We will provide advance notice of any changes to the fees and charges associated with the People Pay Services as required by law. By continuing to use the People Pay Services after you have been notified of such changes, you agree to pay all fees and charges we impose. All other fees and charges associated with your Account will continue to apply. You authorize us to charge your Account to cover your fees and charges. If we are unable to recover fees and charges from your Account, you understand and agree that we have the right to set off the amount you owe us from any other account you hold with us.
10. Payment Authorization and Payment Remittance. You authorize us to follow all instructions that you provide to us via the People Pay Services for a payment you wish to initiate through the People Pay Services (“Payment Instructions”) that we receive through the People Pay Services. When we receive Payment Instructions from you, you authorize us to debit your Account for the amount of the payment, plus any fees for the payment, and to remit the funds to the Contact on your behalf. You also authorize us to credit your Account for the receipt of payments, including but not limited to payments returned to us from Contacts to whom you sent payment(s) or payments that are cancelled and returned to you because the processing of the payment could not be completed. You agree that we do not have control of, or liability for, any products or services that are paid for through the People Pay Services, and you understand and agree that we do not guarantee the identity of any Contact or other user of the People Pay Services.
11. Accurate Information. It is your responsibility to ensure the accuracy of any information that you enter into the People Pay Services. This includes the information in your People Pay profile established within Online Banking as well as all information included in any Payment Instructions (which may include, but is not limited to, the Contact’s name, mailing address, e-mail address or telephone number, account information, and the amount of the transaction).
You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the Contact’s financial institution may execute those Payment Instructions by reference to the account number only, even if that account number does not correspond to the name on the account. You further acknowledge and agree that neither we nor the Contact’s financial institution have any responsibility for investigating discrepancies between account names and account numbers.
We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by either you or the Contact.
You are responsible for confirming and updating, as needed, any information you have entered within Online Banking, including information about you (such as your contact information and account information) and information for any Contact you have established for the People Pay Services. You acknowledge and agree that we may rely on the accuracy of the information you have provided for the People Pay Services.
12. Sufficient Funds. You agree to maintain sufficient available funds in your Account to cover any payment initiated through the People Pay Services from the date you request a payment to be made through the date the payment has been debited from your Account.
13. Failed or Returned Payments. In using the People Pay Services, you are requesting us to attempt to make payments for you from your Account. In some instances, we may not be able to process or complete the payment, or the payment may be returned, due to reasons associated with your Account (such as insufficient funds in the Account or payment would exceed the credit or overdraft protection limit for your Account). In each such case, you agree that: (i) you will reimburse us immediately upon demand of the amount of the payment if we have delivered the payment to the Contact but there are insufficient funds in, or insufficient overdraft credits associated with, your Account to allow us to complete the debit processing; (ii) we may assess an overdraft or NSF fee, as disclosed in our Notice of Account Fees, if the payment cannot be debited to cover the requested payment or if we cannot otherwise collect the funds from you; ; (iii) to the extent permitted by applicable law, you will reimburse us for any fees or costs we incur in attempting to collect any amounts from you; and (iv) we are authorized to report the facts concerning the return to any credit reporting agency.
14. Prohibited Payments. You may not use the People Pay Services to make or receive payments that would violate the terms of the Agreement or any other agreement related to your Account. In no event will we or our service providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to monitor, block, reverse, research, or resolve any claim resulting from a prohibited payment.
15. Privacy of Others. If you receive information about another person through the People Pay Services, you agree to keep the information confidential and only use it in connection with the People Pay Services.
16. Our Liability. We will use reasonable efforts to follow all of your Payment Instructions. However, we will incur no liability if we are unable to complete any payment because of the existence of any one or more of the following circumstances: (i) through no fault of ours, the Account does not contain sufficient funds to complete the payment or the payment would exceed the credit or overdraft protection limit for your Account; (ii) the payment exceeds the People Pay Transaction Limit(s) as provided for herein, as those Transaction Limit(s) may be amended from time to time; (iii) there is a hold on your Account or access to your Account is otherwise blocked; (iv) your payment authorization expires or otherwise terminates by operation of law; (v) the People Pay Services are not working properly and you know or have been advised by us about the malfunction before you initiated the payment; (vi) the Contact refuses or fails to claim the payment; (vii) you have not provided us with the correct information, including but not limited to the correct Payment Instructions, Contact information or Account information; (viii) you believe someone has accessed your Account without your permission and you fail to notify us as detailed in the Agreement; (ix) we have a reasonable basis for believing that unauthorized use of your Account has occurred or is occurring; (x) you are in default of any of terms of this Disclosure or any other agreement you have with us; (xi) your access to the Online Banking and/or the People Pay Services is terminated or suspended, either by you or by us; (xii) circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the Contact’s financial institution, or interference from an outside force) prevent the proper execution of the payment and we have taken reasonable precautions to avoid those circumstances; (xiii) your funds or Account are subject to legal process or other encumbrance restricting the transfer.
17. Hours of Services. You will generally be able to use the People Pay Services 7 days a week, 24 hours a day. However, the People Pay Services may not be available due to system maintenance or circumstances beyond our control.
18. Cut-Off Hour. Payments initiated or received after 4:00 p.m. ET on a Business Day, or at any time on a day that is not a Business Day, may be processed the next Business Day.
19. Receipts and Transaction History. You may view the status of payments by logging into Online Banking and selecting the “Outgoing” or “Incoming” tabs on the People Pay page. People Pay transactions will also be described in your Account statements.
20. Errors or Questions. In case of errors or questions about payments initiated or received through the People Pay Services, contact us as soon as you can via one of the following: (i) call us at 207-284-4591 or 1-877-772-6243; or (ii) write us at: Saco & Biddeford Savings Institution, Attn: Customer Care Department, 50 Industrial Park Road, Saco, ME 04072. Please also see the Error Resolution provision in the Agreement for more information on how to report an error, and your rights and our responsibilities when you do so.
21. Termination, Cancellation, or Suspension. We may terminate or suspend your use of the People Pay Services at any time. You may terminate your use of the People Pay Services by accessing the People Pay Services Website and unenrolling in the People Pay Services or by sending written notice to us at: Saco & Biddeford Savings Institution, Attn: Customer Care Department, 50 Industrial Park Road, Saco, ME 04072. The termination will be considered effective at the time you un-enroll on the People Pay Services Website. If you choose to send us a written notice of termination instead of un-enrolling on the People Pay Services Website, the termination will be considered effective on the Business Day following the Business Day we receive your written notice of termination. Any payment(s) that you initiate before the effective termination date will be processed by the People Pay Services. Neither termination nor suspension will affect your liability or obligations under this Disclosure. Upon termination, by you or by us, a new enrollment will be required to reinstate the People Pay Services.
22. Limitation of Warranty and Liability.
YOU UNDERSTAND AND AGREE THAT PEOPLE PAY IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF PEOPLE PAY IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PEOPLE PAY IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON OUR WEBSITE OR IN THESE TERMS, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PEOPLE PAY, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH PEOPLE PAY, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT PEOPLE PAY WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
EXCEPT AS DESCRIBED IN THESE TERMS, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE PEOPLE PAY, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON PEOPLE PAY, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. Indemnification. You agree to indemnify, defend and hold us, our affiliates, officers, directors, employees, consultants, service providers and agents harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Services, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to these Terms, your violation of these Terms or your infringement, or infringement by any other user of your Account(s), of any intellectual property or other right of any person or entity.
24. Miscellaneous. You understand and agree that our service provider is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Accounts linked for the purposes of the Services; and that you are rightfully authorizing us to access the Accounts.
You agree that our rights and remedies arising out of any breach of your representations and warranties in these Terms, the limitations on our liability and our rights to indemnification under these Terms are continuing and shall survive the termination of these Terms, notwithstanding the lack of any specific reference to such survivability in these provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
The most current version of these Terms as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Services. These Terms may be amended, or any of our rights waived, only if we agree in writing to such changes, or you continue using the Services following receipt of notice of any changes proposed by us. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Services, at our discretion. All notices to us must be sent provided in these Terms. These Terms are personal to you and you may not assign it to anyone.
These Terms shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
These Terms shall take effect immediately upon the acceptance of your application for the Services by us.
