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 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, check, PayPal®Network) 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 or your mobile telephone, 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 and mailing address. 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, to the contact’s PayPal account or 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 to not 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. The maximum amount of any payment transfer in a day may not exceed $2,000.00 and the aggregate amount of transfers in a day may not exceed $2,000.00.
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 CDAA, 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. 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.